1/5/2021
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(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
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