1/5/2021 E-Library - Information At Your Fingertips: Printer Friendly I. Section 7(b)(i) and (iii) of R.A. 8552 should extend and apply even to illegitimate children In contending that the RTC should have granted their petition for adoption, the petitioners emphasize that they are exempt from the requirements for the reason that Jan Aurel was a relative by consanguinity within the fourth civil degree of Mary Jane. They insist that Section 7 necessarily includes all relatives – whether legitimate or illegitimate – within the fourth degree of consanguinity or affinity; that an illegitimate child is a relative within the first degree of consanguinity of the biological mother or father; that excluding an illegitimate child from the contemplation of Section 7(b)(i) and (iii) of R.A. No. 8552 is tantamount to saying that it is easier for an alien spouse to jointly adopt with the Filipino spouse the latter's cousin, a relative within the fourth degree, or the nephew or niece, a relative. within the third degree of consanguinity or affinity,[7] than the Filipino spouse's own biological child. The petitioners' insistence is upheld. A relative is either a "kinsman" or "a person connected with another by blood or affinity."[8] Under the Civil Code, the degree of relationship is determined as follows: Relationship ARTICLE 963. Proximity of relationship is determined by the number of generations. Each generation forms a degree. ARTICLE 964. A series of degrees forms a line, which may be either direct or collateral. A direct line is that constituted by the series of degrees among ascendants and descendants. xxxx ARTICLE 965. The direct line is either descending or ascending. xxxx ARTICLE 966. In the line, as many degrees are counted as there are generations or persons, excluding the progenitor. In the direct line, ascent is made to the common ancestor. Thus, the child is one degree removed from the parent, two from the grandfather, and three from the great-grandparent. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66000 4/10