1/5/2021 E-Library - Information At Your Fingertips: Printer Friendly (iii) one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouses; x x x. (Bold underscoring supplied for emphasis) The Case This appeal seeks to reverse and undo the judgment and order by the Regional Trial Court (RTC), Branch 33, in Davao City on February 14, 2012[1] and January 22, 2013, [2] respectively, dismissing their petition for the adoption of the minor Jan Aurel Maghanoy Bulayo (Jan Aurel) in SP. Proc. No. 10, 718-2010, and denying their motion for reconsideration. Antecedents The antecedent facts are as follows: Spouses Mary Jane B. Kimura, a Filipino national, and Yuichiro Kimura, a Japanese national, got married on June 12, 2004. Prior thereto, petitioner Mary Jane gave birth to her son Jan Aurel on November 24, 1997. However, she was not married to her son's biological father, Jun Baldoza, thus making Jan Aurel her illegitimate child. Her last communication with the minor's father was when she was four (4) months pregnant with [Jan Aurel]. From then on, she has no knowledge of his whereabouts. On March 15, 2009, petitioners filed a joint petition for adoption of Jan Aurel seeking, among others, to have him declared as their legitimate son, enjoying the rights and observing the duties of an adopted child as provided by law. During trial, petitioners presented the Department of Social Welfare and Development Minor's Case Study and Home Study Report which recommended approval of said petition. Likewise, petitioners presented the following documents to show that they are in possession of full civil capacity and legal rights to adopt, of good moral character, have not been convicted of any crime involving moral turpitude, and emotionally and psychologically capable of caring for children, x x x.[3] https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66000 2/10

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