1/5/2021
E-Library - Information At Your Fingertips: Printer Friendly
custody was officially bestowed by the DSWD upon petitioners on January 18, 2014,
through a Pre-Adoption Placement Authority.[7]
Petitioners have also adopted another girl, Hannah, through domestic adoption. The
RTC of Makati City, Branch 144, granted Hannah's adoption on August 30, 2016.
Hannah is now 10 years old, and Innah considers her as her older sister.[8]
The DSWD processed petitioners' application for adoption of Innah, and issued on May
30, 2016 its
Affidavit of Consent. The DSWD's Affidavit of Consent instructed
petitioners to file a petition for domestic adoption, stating that the prospective adoptive
parent shall initiate judicial proceeding by filing the petition to adopt not later than 30
days from date of receipt of the DSWD's written consent to adoption.[9]
Ruling of the Regional Trial Court
In an Order[10] dated September 11, 2017, respondent Judge found that since
petitioners are both foreigners, then the Petition for Adoption with Change of Name of
the minor Innah presented a proper case of inter-country adoption, instead of
considering said petition as being appropriately filed under the Domestic Adoption Act
of 1998. Thus, pursuant to Section 32[11] of the Rule on Adoption and Section 30[12] of
the Amended Implementing Rules and Regulations on Inter-Country Adoption,[13] the
trial court directed the transmittal of a copy of the petition and its annexes to the InterCountry Adoption Board (ICAB) for appropriate action. The dispositive portion of the
Order, reads:
WHEREFORE, the Court directs the transmittal of a copy of the petition and
its annexes, duly certified to be a true copy, to the Inter-Country Adoption
Board for appropriate action. Consistent with Rule 39, Section 1 of the Rules
of Court, the branch clerk of court shall comply with this Order upon the
expiration of the period to appeal from this Order if no appeal has been duly
perfected.
This Order amounts to a case disposal. The October 27 and November 24,
2017 settings are CANCELLED.
IT IS SO ORDERED.[14]
On October 6, 2017, petitioners filed a Motion for Reconsideration (First Motion for
Reconsideration) praying for respondent Judge to: (a) reconsider and set aside the
Order dated September 11, 2017; (b) give petitioners time to confer with the ICAB and
submit a best interest assessment; and (c) allow the Deposition through Written
Interrogatories to proceed. Said Motion for Reconsideration was denied by respondent
Judge in its Order[15] dated June 19, 2018. Petitioners received a copy of said Order on
July 2, 2018.[16]
On
July
4,
2018,
petitioners
filed
a
Manifestation
and
Second
Motion
for
Reconsideration,[17] which partly reads:
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65992
2/13