Pacete vs Carriaga Pacete vs Carriaga231 SCRA 321FACTS:Concepcion Alanis filed a complaint on October 1979, for the Declaration of Nullity of Marriage between her erstwhile husband nrico !acete and one Clarita de la Concepcion, as well as for legal separation between her and !acete, accounting and separation of property"#he a$erred in her complaint that she was married to !aceteon April 19%& and they had a child named Consuelo' that !acete subse(uently contracted a second marriage with Clarita de la Concepcion and that she learned of such marriage only on August 1979")econciliation between her and !acete was impossible since he e$idently preferred to continue li$ing with Clarita" *he defendants were each ser$ed with summons" *hey filed an e+tension within which to file an answer, which the court partly granted" Due to unwanted misunderstanding, particularly in communication, the defendants failed to file an answer on the date set by the court" *hereafter, the plaintiff filed a motion to declare the defendants in default, which the court forthwith granted" *he court recei$ed plaintiffs, e$idence during the hearings held on -ebruary 1., /0, /1, and //, 19&0" After trial, the court rendered a decision in fa$or of the plaintiff on March 17,19&0" ISSUE: 1hether or not the )*C gra$ely abused its discretion in denying petitioner,s motion for e+tension of time to file their answer, in declaring petitioners in default and in rendering its decision on March 17, 19&0 which decreed the legal separation of !acete and Alanis and held to be null and $oid the marriage of !acete to Clarita"HELD: *he Ci$il Code pro$ides that 2no decree of legal separation shall be promulgated upon a stipulation of facts or by confession of 3udgment"4n case of non5appearance of the defendant, the court shall order the prosecuting attorney to in(uire whether or not collusion between parties e+ists" 4f there is no collusion, the prosecuting attorney shall inter$ene for the #tate in order to ta6e care that the e$idence for the plaintiff is not fabricated"7 *he abo$e stated pro$ision calling for the inter$ention of the state attorneys in case of uncontested proceedings for legal separation 8and of annulment of marriages, under Article &&9 is to emphasi:e that marriage is more than a mere contract"Article 10% of the Ci$il Code, now Article .& of the -amily Code, further mandates that an action for legal separation must 2in no case be tried before si+ months shall ha$e elapsed since the filing of the petition,7 ob$iously in order to pro$ide the parties a 2cooling5off7 period" 4n this interim, the court should ta6e steps toward getting the parties to reconcile" *he significance of the abo$e substanti$e pro$isions of the law is further or underscored by the inclusion of a pro$ision in )ule 1& of the )ules of Court which pro$ides that no defaults in actions for annulments of marriage or for legal separation"*herefore, 2if the defendant in an action for annulment of marriage or for legal separation fails to answer, the court shall order the prosecuting attorney to in$estigate whether or not a collusion between the parties e+ists, and if there is no collusion, to inter$ene for the #tate in order to see to it that the e$idence submitted is not fabricated"7G.R. No. 10616 Fe!r"ar# 1$% 1$SA&S'N T. SA(AL'NES% petitioner, $s"THE C'URT 'F APPEALS a)* RE&EDI'S GA+I'LA,SA(AL'NES% respondents"Leven S. Puno for petitioner.Benigno M. Puno for private respondent.CRU-% J.:*he sub3ect of this petition is the preliminary in3unction issued by the respondent court pending resolution of acase on appeal" 1e deal only with this matter and not the merits of the case"As a member of our diplomatic ser$ice assigned to different countries during his successi$e tours of duties,petitioner #amson *" #abalones left to his wife, herein respondent )emedios ;a$iola5#abalones, theadministration of some of their con3ugal, properties for fifteen years"#abalones retired as ambassador in 19&. and came bac6 to the !hilippines but not to his wife and their children"-our years later, he filed an action for 3udicial authori:ation to sell a building and lot located ate claimedthat he was si+ty5eight years old,$ery sic6 and li$ing alone without any income, and that his share of theproceeds of the sale to defray the prohibiti$e cost of his hospitali:ation and medical treatment"4n her answer, the pri$ate respondent opposed the authori:ation and filed a counterclaim for legal separation"#he alleged that the house in ;reenhills was being occupied by her and their si+ children and that they weredepending for their support on the rentals from another con3ugal property, a building and lot in -orbes !ar6which was on lease to Nobumichi 4:umi" #he also informed the court that despite her husband?s retirement, hehad not returned to his legitimate family and was instead maintaining a separate residence in Don Antonio>eights, -air$iew, @ue:on City, with *helma Cumareng and their three children"4nherprayer,she as6edthecourttograntthedecree oflegalseparation andordertheli(uidation oftheircon3ugal properties, with forfeiture of her husband?s share therein because of his adultery" #he also prayed thatit en3ointhe petitioner and hisagentsfrom a9 disturbing the occupantsof the -orbes !ar6property andb9disposing of or encumbering any of the con3ugal properties"After trial, =udge Mariano M" Amali, found that the petitioner had indeed contracted a bigamous marriage onOctober ., 19&1, with *helma Cumareng, to whom he had returned upon his retirement in 19&. at a separateresidence" *he court thus decreed the legal separation of the spouses and the forfeiture of the petitioner?s sharein the con3ugal properties, declaring as well that he was not entitled to support from his respondent wife" 1*his decision was appealed to the respondent court"Pendente lite, the respondent wife filed a motion for theissuance of a writ of preliminary in3unction to en3oin the petitioner from interfering with the administration oftheir properties in ;reenhills and -orbes !ar6" #he alleged inter alia that he had harassed the tenant of the-orbes !ar6 property by informing him that his lease would not be renewed"#he also complained that thepetitioner haddisposedof oneof their $aluablecon3ugal properties intheAnited#tates infa$or of hisparamour, to the pre3udice of his legitimate wife and children"*he petitioner opposed this motion and filed his own motion to pre$ent his wife from entering into a newcontract ofleaseo$erthe-orbes!ar6propertywithitspresent tenant, orwithfuturetenants, without hisconsent"After hearing, the Court of Appeals, in an order dated April 7, 199/, granted the preliminary in3unction prayedfor by his wife" .*hepetitionernowassailsthisorder,arguingthat sincethelawpro$idesfora3oint administrationofthecon3ugal properties by the husband and wife, no in3uncti$e relief can be issued against one or the other becauseno right will be $iolated" 4n support of this contention, he cites Art" 1/B of the -amily Code, reading as followsCArt" 1/B" *he administration and en3oyment of the con3ugal partnership property shall belong to both spouses3ointly" 4n case of disagreement, the husband?s decision shall pre$ail, sub3ect to recourse to the court by the wifefor proper remedy, which must be a$ailed of within fi$e years from the date of the contract implementing suchdecision"4n the e$ent that one spouse is incapacitated or otherwise unable to participate in the administration of thecon3ugal properties, theotherspousemayassumesolepowersoftheadministration"*hesepowersdonotinclude disposition or encumbrance without authority of the court or the written consent of the other spouse" 4nthe absence of suchauthorityor consent, the dispositionor encumbrance shall be $oid" >owe$er, thetransactionshall beconstruedandthethirdperson, andmaybeperfectedasabindingcontract upontheacceptance by the other spouse or the authori:ation by the court before the offer is withdrawn by either or bothofferors">e further notes that the respondent court failed to appoint an administrator of the con3ugal assets as mandatedby Art" D1 of the Code, thusCArt" D1 After the filing of the petition for legal separation, the spouses shall be entitled to li$e separately fromeach other"*he court, in the absence of a written agreement between the spouses, shall designate either of them or a thirdperson to administer the absolute community or con3ugal partnership property" *he administrator appointed bythe court shall ha$e the same powers and duties as those of a guardian under the )ules of Court"*he Court has carefully considered the issues and the arguments of the parties and finds that the petition has nomerit"1e agree with the respondent court that pending the appointment of an administrator o$er the whole mass ofcon3ugal assets, the respondent court was 3ustified in allowing the wife to continue with her administration" 4twasalsocorrect, ta6ingintoaccountthee$idenceadducedatthehearing, inen3oiningthepetitionerfrominterfering with his wife?s administration pending resolution of the appeal"*he law does indeed grant to the spouses 3oint administration o$er the con3ugal properties as clearly pro$idedin the abo$e5cited Article 1/B of the -amily Code" >owe$er, Article D1, also abo$e (uoted, states that after apetition for legal separation has been filed, the trial court shall, in the absence of a written agreement betweenthe couple, appoint either one of the spouses or a third person to act as the administrator"1hile it is true that no formal designation of the administrator has been made, such designation was implicit inthedecisionof thetrial court denyingthepetitioner anyshareinthecon3ugal properties 8andthus alsodis(ualifying him as administrator thereof9" *hat designation was in effect appro$ed by the Court of Appealswhen it issued in fa$or of the respondent wife the preliminary in3unction now under challenge"*he primary purpose of the pro$isional remedy of in3unction is to preser$e the status quo of the things sub3ectof the action or the relations between the parties and thus protect the rights of the plaintiff respecting thesematters during the pendency of the suit" Otherwise, the defendant may, before final 3udgment, do or continuedoing the act which the plaintiff as6s the court to restrain and thus ma6e ineffectual the final 3udgment that maybe rendered afterwards in fa$or of the plaintiff" /As obser$ed by -rancisco, E4n3unction is primarily a pre$enti$e remedy" 4ts pro$ince is to afford relief againstfuture acts which are against e(uity and good conscience and to 6eep and preser$e the thing in thestatus quo,rather than to remedy what is past or to punish for wrongful acts already committed" 4t may issue to pre$entfuture wrongs although no right has yet been $iolated"E $*he Court notes that the wife has been administering the sub3ect properties for almost nineteen years now,apparentlywithout complaint onthepart ofthepetitioner">ehasnot alleged, muchlessshown, that heradministration has caused pre3udice to the con3ugal partnership" 1hat he merely suggests is that the lease of the-orbes !ar6 property could be renewed on better terms, or he should at least be gi$en his share of the rentals"4nhermotion fortheissuanceof apreliminary in3unction,the respondent wife alleged that thepetitioner?sharassment of their tenant at -orbes !ar6would 3eopardi:e the lease and depri$e her and her children of the income therefrom on which they depend fortheir subsistence" #he also testified the numerous " " " including $arious dollar accounts, two houses in @ue:onCity and Cebu City, and a Mercedes Fen:" *he pri$ate respondent also complained that on =une 10, 1991, thepetitioner e+ecuteda(uitclaimo$er their con3ugal propertyinAppleGalley, #anFernardino, California,A"#"A", in fa$or of *helma Cumareng, to impro$e his paramour?s lu+urious lifestyle to the pre3udice of hislegitimate family"*hese allegations, none of which was refuted by the husband, show that the in3unction is necessary to protectthe interests of the pri$ate respondent and her children and pre$ent the dissipation of the con3ugal assets"*he twin re(uirements of a $alid in3unction are the e+istence of a right and its actual or threatened $iolation"0)egardless of the outcome of the appeal, it cannot be denied that as the petitioner?s legitimate wife 8and thecomplainant and in3ured spouse in the action for legal separation9, the pri$ate respondent has a right to a share8if not the whole9 of the con3ugal estate" *here is also, in our $iew, enough e$idence to raise the apprehensionthat entrusting said estate to the petitioner may result in its impro$ident disposition to the detriment of his wifeand children" 1e agree that inasmuch as the trial court had earlier declared the forfeiture of the petitioner?sshare in the con3ugal properties, it would be prudent not to allow him in the meantime to participate in itsmanagement"Het it be stressed that the in3unction has not permanently installed the respondent wife as the administrator ofthe whole mass of con3ugal assets" 4t has merely allowed her to continue administering the properties in themeantimewithout interferencefromthepetitioner,pendingthee+pressdesignationoftheadministratorinaccordance with Article D1 of the -amily Code"1>)-O), the petition is DN4D for lac6 of merit" 4t is so ordered"La1"2,S# vs E"3e4io Lapuz-Sy vs. Eufemio3 SCRA 1!!FACTS:Carmen Hapu:5#y filed a petition for legal separation against ufemio ufemio on August 19.%"*hey were married ci$illy on #eptember /1, 19%B and canonically after nine days"*hey had li$ed together as husband andwife continuously without any children until 19B% when her husband abandoned her"*hey ac(uired properties during their marriage"!etitioner then disco$ered that her husband cohabited with a Chinese woman named ;o >io6 on or about 19B9"#he prayed for the issuance of a decree of legal separation, which among others, wouldorder that the defendant ufemio should be depri$ed of his share of the con3ugal partnership profits"ufemio counterclaimed for the declaration of nullity of his marriage with Hapu:5#y on the ground of his prior and subsisting marriage with ;o >io6"*rial proceeded and the parties adduced their respecti$e e$idence">owe$er, before the trial could be completed, respondent already scheduled to present surrebuttal e$idence, petitioner died in a $ehicular accident on May 19D9">er counsel duly notified the court of her death"ufemiomo$ed to dismiss the petition for legal separation on =une 19D9 on the grounds that the said petition was filed beyond the one5year period pro$ided in Article 10/ of the Ci$il Code and that the death of Carmen abated the action for legal separation"!etitioner,s counsel mo$ed to substitute the deceased Carmen by her father, Macario Hapu:"ISSUE: 1hether the death of the plaintiff, before final decree in an action for legal separation, abate the action and will it also apply if the action in$ol$ed property rights"HELD:An action for legal separation is abated by the death of the plaintiff, e$en if property rights are in$ol$ed" *heserights are mere effects of decree of separation, their source being the decree itself' without the decree suchrights donot comeintoe+istence,sothat before the finalityof adecree,these claimsaremerelyrights ine+pectation" 4fdeathsuper$enesduringthependencyof theaction, nodecreecanbeforthcoming, deathproducing a more radical and definiti$e separation' and the e+pected conse(uential rights and claims wouldnecessarily remain unborn"*he petition ofufemio for declaration of nullity is moot and academic and there could be no further interest in continuing the same after her demise, that automatically dissol$ed the (uestioned union"Any property rightsac(uired by either party as a result of Article 1BB of the Ci$il Code of the !hilippines D could be resol$ed and determined in a proper action for partition by either the appellee or by the heirs of the appellant"&aca*a)g*a)g vs CA "aca#a$g#a$g vs CA%R &o. 3'2'!( )cto*er 23( 1+'1FACTS:)espondent -ilomena ;a$iana Macadangdang and petitioner Antonio Macadangdang were married in 19BD after ha$ing li$ed together for two years and had D children"*hey started a buy and sell business and sari5sari store in Da$ao City"*hrough hard wor6 and good fortune, their business grew and e+panded into merchandising, truc6ing, transportation, rice and corn mill business, abaca stripping, real estate etc"*heir relationship became complicated and both indulged in e+tramarital relations"Married life became intolerable so they separated in 19D. when pri$ate respondent left for Cebu for good"1hen she returned in Da$ao in 1971, she learned of the illicit affairs of her estranged husband"#he then decided to ta6e the initial action"4n April 1971, she instituted a complaint for legal separation"ISSUE: 1hether or not the death of a spouse after a final decree of legal separation has effect on the legal separation"HELD:*he death of a spouse after a final decree of legal separation has no effect on the legal separation"1hen the decree itself is issued, the finality of the separation is complete after the lapse of the period to appeal the decision to a higher court e$en if the effects, such as the li(uidation of the property, ha$e not yet been commenced nor terminated" *he law clearly spells out the effect of a final decree of legal separation on the con3ugal property" *herefore, upon the li(uidation and distribution conformably with the effects of such final decree, the law on intestate succession should ta6e o$er the disposition of whate$er remaining properties ha$e been allocated to the deceased spouse"#uch dissolution and li(uidation are necessary conse(uences of the final decree" Article 10D of the Ci$il Code, now Article D% of the -amily Code pro$ides the effects of the decree of legal separation"*hese legal effects ipso facto or automatically follows, as an ine$itable incident of the 3udgment decreeing legal separation, for the purpose of determining the share of each spouse in the con3ugal assets"De 'ca41o vs F5ore)cia)o ,e )campo vs. -.ore$cia$o1/! P0i. 31FACTS:=ose de Ocampo and #erafina -lorenciano were married in 19%&"*hey begot se$eral children who are not li$ing with plaintiff"4n March 19.1, latter disco$ered on se$eral occasions that his wife was betraying his trust by maintaining illicit relations with =ose Arcalas">a$ing found out, he sent the wife to Manila in =une 19.1 to study beauty culture where she stayed for one year"Again plaintiff disco$ered that the wife was going out with se$eral other man other than Arcalas"4n 19./, when the wife finished her studies, she left plaintiff and since then they had li$ed separately"4n =une 19.., plaintiff surprised his wife in the act of ha$ing illicit relations with Nelson Or:ame">e signified his intention of filing a petition for legal separation to which defendant manifested conformity pro$ided she is not charged with adultery in a criminal action"Accordingly, Ocampo filed a petition for legal separation in 19.."ISSUE: 1hether the confession made by -lorenciano constitutes the confession of 3udgment disallowed by the -amily Code"HELD:-lorenciano,s admission to the in$estigating fiscal that she committed adultery, in the e+istence of e$idence of adultery other than such confession, is not the confession of 3udgment disallowed by Article B& of the -amily Code"1hat is prohibited is a confession of 3udgment, a confession done in court or through a pleading"1herethere is e$idence of the adultery independent of the defendant,s statement agreeing to the legal separation, the decree of separation should be granted since it would not be based on the confession but upon the e$idence presented by the plaintiff"1hat the law prohibits is a 3udgment based e+clusi$ely on defendant,s confession"*he petition should be granted based on the second adultery, which has not yet prescribed"&ario Sioc6i vs. A53re*o Go2o)% 7i)i3re* Go2o)% E5vira Go2o) I)ter,Dei4e)sio)a5 Rea5t#% I)c8 GR No. 16008 &arc6 19% .010 !ost under case digests, Ci$il Haw at -riday, December 1D, /011 !osted by #chi:ophrenic Mind >AD&=.ICNICFACTSC Alfredo and l$ira are married" 1inifred is their daughter" *he property in$ol$ed in this case is a%0,000 s(" m" lot in Malabon which is registered in the name of Alfredo" *he property regime of the couple iscon3ugal partnership of gains"l$ira filedfor legal separation" Ffiledanoticeof lis pendens o$er thetitle of the lot inMalabon"1hile the legal separation case was still pending, Alfredo entered into an agreement with Mario who paid !.million in earnest moneyand too6 possession of the property" *itle still with notice of lis pendens"Ca$ite )*C granted legal separation" C!; was dissol$ed and li(uidated" Alfredo, the guilty spouse, did notrecei$e his share in the net profits, which instead went to their daughter, 1inifred" Ca$ite )*C ruled land inMalabon as con3ugal property"Alfred e+ecuted a Deed of Donation o$er the property in fa$our of 1inifred" Malabon )*C issued new *C* inthe name of 1inifred without annotating the agreement between Alfredo and Mario #iochi, nor the notice of lispendens filed by l$ira, the wife" *hen, through an #!A, 1inifred ga$e authority to her father, Alfred, to sellthe lot" Alfred sold it to 4nter5Dimensional )ealty for !1& million" A *C* was issued to 4nter5Dimensional)ealty"Mario filed a case with Malabon )*C 8property was in Malabon9 to Annul donation to 1inifred, Annul the #aleto 4nter5Dimensional, and to remo$e notice of lis pendens o$er title of land"Malabon )*C upheld original agreement to buy and sell between Mario and Alfredo and declared $oid the saleby Alfredo and 1inifred to 4nter5Dimensional">owe$er, Court of Appeals said agreement between Mario and Alfredo is $oid because 819 it was entered intowithout the consent of l$ira, Alfredo,s wife' and, 8/9 Alfredo,s J undi$ided share has been forfeited in fa$ourof1inifredbythegrant oflegal separationbytheCa$ite)*C" 8Notethesereasonsgi$enbytheCA"9ISSUES::1; 7as t6e agree4e)t !etermogenesOngand=aneOngcontractedwithNancy;ofor thelatter tofilmtheir wedding" After thewedding, the newlywed in(uired about their wedding $ideo but Nancy ;o said it,s not yet ready" #he ad$ised them toreturn for the wedding $ideo after their honeymoon" *he newlywed did so but only to find out that Nancy ;o can nolonger produce the said wedding $ideo because the copy has been erased"*he Ongs then sued Nancy ;o for damages" Nancy,s husband, Ale+ ;o, was impleaded" *he trial court ruled in fa$or ofthe spouses Ong and awarded in their fa$or, among others, !7.6 in moral damages" 4n her defense on appeal, Nancy ;osaidC that they erased the $ideo tape because as per the terms of their agreement, the spouses are supposed to claim theirwedding tape within %0 days after the wedding, howe$er, the spouses neglected to get said wedding tape because theyonly made their claim after two months' that her husband should not be impleaded in this suit"ISSUE: 1hether or not Nancy ;o is liable for moral damages"HELD: Kes" >er contention is bereft of merit" 4t is shown that the spouses Ong made their claim after the wedding butwere ad$ised to return after their honeymoon" *he spouses ad$ised ;o that their honeymoon is to be done abroad andwon,t be able to return for two months" 4t is contrary to human nature for any newlywed couple to neglect to claim the$ideo co$erage of their wedding' the fact that the Ongs filed a case against Nancy ;o belies such assertion" Consideringthe sentimental $alue of the tapes and the fact that the e$ent therein recorded L a wedding which in our culture is asignificant milestone to be cherished and remembered L could no longer be reenacted and was lost fore$er, the trial courtwas correct in awarding the Ongs moral damagesin compensation for the mental anguish, tortured feelings, sleeplessnights and humiliation that the Ongs suffered and which under the circumstances could be awarded as allowed underArticles //17 and //1& of the Ci$il Code"7o)g vs. IAC Case Digest 7o)g vs. IAC .00 SCRA >. Facts: !ri$ate respondent )omarico >enson married Iatrina !ineda" *hey had been most of the time li$ingseparately" *he former stayed in Angeles City while the latter li$ed in Manila" During the marriage, )omaricobought parcel of land in Angeles City from his father, with money borrowed from an officemate" Meanwhile in >ong6ong, Iatrina entered into an agreement with Anita Chan whereby the latter consigned toIatrina pieces of 3ewelry for sale" 1hen Iatrina failed to return the pieces of 3ewelry within the /05day periodagreed upon, Anita Chan demanded payment of their $alue" Iatrina issued in fa$or of Anita Chan a chec6,howe$er, was dishonored for lac6 of funds" >ence, Iatrina was charged with estafa" *rial court dismissed thecase on the ground that Iatrina?s liability was not criminal but ci$il in nature" Anita Chan and her husband )ic6y 1ong filed against Iatrina and her husband )omarico >enson, an actionfor collection of a sum of money" After trial, the court promulgated decisions in fa$or of the 1ong,s" A writ ofe+ecution was thereafter issued, le$ied upon were four lots in Angeles all in the name of )omarico >ensonmarried to Iatrina >enson" )omarico filed an action for the annulment of the decision as well as the writ ofe+ecution, le$yone+ecutionandtheauction" )omaricoallegedthat hewasEnot gi$enhisdayincourtEbecause he was not represented by counsel as Attys" Albino and Kumul appeared solely for Iatrina" *hat he hadnothingtodowiththe business transactions of Iatrina as hedidnot authori:e her toenter intosuchtransactions' andthat thepropertiesle$iedone+ecutionandsoldat publicauctionbythesheriffwerehiscapital properties" Iss"e: 1hether or not the properties le$ied on e+ecution are e+clusi$e properties of )omarico" R"5i)g: *he presumption of the con3ugal nature of the properties subsists in the absence of clear, satisfactoryand con$incing e$idence to o$ercome said presumption or to pro$e that the properties are e+clusi$ely owned by)omarico" 1hile there is proof that )omarico ac(uired the properties with money he had borrowed from anofficemate, it is unclear where he obtained the money to repay the loan" 4f he paid it out of his salaries, then themoney is part of the con3ugal assets and not e+clusi$ely his" !roof on this matter is of paramount importanceconsidering that in the determination of the nature of a property ac(uired by a person during co$erture, thecontrolling factor is the source of the money utili:ed in the purchase"Anent the issue that Nancy ;o,s husband should not be included in the suit, this argument is $alid" Ander Article 7% ofthe -amily Code,the wife may e+ercise any profession,occupation or engage in business without the consent of thehusband" 4n this case, it was shown thatit was only Nancy ;o who entered into a contract with the spouses Ong henceonly she 8Nancy9 is liable to pay the damages awarded in fa$or of the Ongs"A#a5a I)vest4e)ts vs CA Aya.a 2$vestme$ts vs CA%R &o. 11'3/1( -e*ruary 12( 1++'FACTS:!hilippine Flooming Mills 8!FM9 obtained !.0,%00,000"00 loan frompetitioner Ayala 4n$estment andDe$elopment Corporation 8A4DC9")espondent Alfredo Ching, G! of !FM, e+ecuted security agreements onDecember 19&0 and March 19&1 ma6ing him 3ointly and se$erally answerable with !FM,s indebtedness toA4DC" !FM failed to pay the loan hence filing of complaint against !FM and Ching" *he )*C rendered3udgment ordering !FM and Ching to 3ointly and se$erally pay A4DC the principal amount with interests" !endingthe appeal of the3udgment,)*C issued writofe+ecution" *hereafter, Magsa3o,appointeddeputysheriff, caused the issuance and ser$ice upon respondent spouses of the notice of sheriff sale on % of theircon3ugal properties on May 19&/" )espondent spouses filed in3unction against petitioners on the ground thatsub3ect loan did not redound to the benefit of the said con3ugal partnership"CA issued a *)! en3oining lowercourt fromenforcingitsorder pa$ingwayfor thescheduledauctionsaleof respondent spousescon3ugalproperties"A certificate of sale was issued to A4DC, being the only bidder and was registered on =uly 19&/" ISSUE: 1hether or not the debts and obligations contracted by the husband alone is considered 2for the benefitof the con3ugal partnership7 and is it chargeable"HELD:*he loan procured from A4DC was for the ad$ancement and benefit of !FM and not for the benefit of thecon3ugal partnershipofChing" -urthermore,A4DCfailedtopro$ethat Chingcontractedthedebt forthebenefit of the con3ugal partnership of gains" !FM has a personality distinct and separate from the family ofChing despite the fact that they happened to be stoc6holders of said corporate entity" Clearly, the debt was acorporate debt and right of recourse to Ching as surety is only to the e+tent of his corporate stoc6holdings"Fased from the foregoing 3urisprudential rulings of the court, 2if the money or ser$ices are gi$en to anotherperson or entity, and the husband acted only as a suretyor guarantor, that contract cannot, by itself, alone becategori:edas fallingwithintheconte+t of obligations for thebenefit of thecon3ugal partnership7" *hecontract of loan or ser$ices is clearly for the benefit of the principal debtor and not for the surety or his family" Ching only signed as a surety for the loan contracted with A4DC in behalf of !FM" #igning as a surety iscertainly not an e+ercise of an industry or profession, it is not embar6ing in a business" >ence, the con3ugalpartnership should not be made liable for the surety agreement which was clearly for the benefit of !FM"*he court did not support the contention of the petitioner that a benefit for the family may ha$e resulted whenthe guarantee was in fa$or of Ching,s employment 8prolonged tenure, appreciation of shares of stoc6s, prestigeenhanced9 since the benefits contemplated in Art" 1D1 of the Ci$il Code must be one directly resulting from theloan"4t must not be a mere by product or a spin off of the loan itself"G.R. No. >0$10 A"g"st 1>% 19>CESAR SAR&IENT'% petitioner, $s"THE INTER&EDIATE APPELLATE C'URT% H'N. RICARD' D. DIA- as t6e Presi*i)g ?"*ge o3 (ra)c6 @@+II o3 t6e Regio)a5 Tria5 Co"rt o3 &a)i5a% PHILIPPINE NATI'NAL (ANA a)* N'R&A DIA- SAR&IENT'% respondents" No. >0$0 A"g"st 1>% 19>CESAR SAR&IENT'% petitioner, $s"THE INTER&EDIATE APPELLATE C'URT% H'N. REGINA G. 'RD'BE-,(ENITE-% as t6e Presi*i)g ?"*ge o3 (ra)c6 @@+II o3 t6e Regio)a5 Tria5 Co"rt o3 &a)i5a% PHILIPPINE NATI'NAL (ANA% N'R&A SAR&IENT'% L'RNA SAR&IENT' a)* LER&A SAR&IENT'% respondents" PARAS.% J.:*his is a petition to re$iew and re$erse the decision C dated =une 1%, 19&D of respondent 4ntermediate AppellateCourt 8now Court of Appeals9 in AC5;")" #! Nos" 091.9 and 091D0 denying the petition for certiorari andprohibition for lac6 of merit and correspondingly dismissing these cases" *he facts of the aforecited cases will be presented separately since they in$ol$e different proceedings heardbefore different branches of the )egional *rial Court of Manila" $.%. &o. 7'()* *he Court of Appeals narrates the facts thusC 4t appears that on May 10, 1977, the pri$ate respondent Norma #armiento sued her husband, the petitionerCesar #armiento, for support" *he case was filed with the =u$enile and Domestic )elations Court and laterassigned to )egional *rial Court, Franch MHG44, presided o$er by =udge )egina OrdoNe:5Fenite:, after thereorgani:ation of the =udiciary in 19&%" On March 1, 19&B, =udge OrdoNe:5Fenite: rendered a decision, thedispositi$e portion of which readsC 1>)-O), 3udgment is hereby rendered ordering the defendant, Cesar #armiento, to pay his plaintiff5wife,Norma #armiento, the sum ofFive+undred Pesos ,P')).))-monthly as support commencing on May 10,1977 up to March, 19&B, which shall be paid thirty 8%09 days after the Decision shall ha$e become final ande+ecutory and the monthly support, starting April 19&B, shall be deposited with the Cashier of the )egional*rial Courts, City >all, Manila within the first fi$e 8D9 days of April 19&B and e$ery month thereafter fromwhich plaintiff5wife or her duly authori:ed representati$e may withdrawthe same" #upport' shall be4mmediately payable, notwithstanding any appeal which may be interposed by defendant" Het a copy of this Decision be furnished the Cashier of the )egional *rial Courts of City >all, Manila, for hisinformation and guidance"On April 9,19&B the pri$ate respondent mo$ed for e+ecution of the 3udgment pending appeal *he petitioneractually filed a notice of appeal four days later on April 1%" On May %, 19&B, =udge OrdoNe:5Fenite: issued thefollowing orderC Acting on the EMotion for +ecution of Decision !ending Appeal dated April 9, 19&B, and the Notice of Appealfiled by the defendant on April 1%, 19&B, the !hilippine National Fan6 is hereby directed that no amount duethe defendant be released without authority from this Court and until final disposition of said case" Het a copy of this Order be directed to the !hilippine National Fan6 for its guidance and information"On May /9, 19&. the pri$ate respondent filed a motion to re(uire the !hilippine National Fan6 to deli$er to thepri$ate respondent the accrued support out of the retirement benefits due to the !etitioner as a former employeeof the !NF" *he petitioner prays L *hat a restraining order andOor writ of pre in3unction forthwith issue, N=O4N4N; AND !)O>4F4*4N; therespondent =AD; );4NA ;" O)DOPQ5FN4*Q and all the respondents in Ci$il5Case No" 50/1&B,their agents and employees, and all persons acting for them or on their behalf, from enforcing, e+ecuting orotherwise gi$ing force and effect to the .ecision 8Anne" EA E hereof, and the /rder Anne" EF hereof9" E On =une 1%, 19DD, the Court of Appeals found petitioner?s appeal unmeritorious and thus dismissed the same"!etitioner mo$ed for reconsideration but the motion was denied" >ence this petition"$.%. &o. 7'(0)*he Court of Appeals sums up the facts as followsC4t appears that, on August 1, 19&B, the pri$ate respondent brought another action against the petitioner for adeclaration that the retirement benefits due the petitioner from the !NF were con3ugal and that .0R thereofbelonged to the pri$ate respondent as her share" *he case was assigned to Franch MMG44 of the )*C of Manila,presided o$er by =udge )icardo Dia:" *he petitioner filed an answer in which he contended that the complaintdid not state a cause of action? that there was another action peding between him and the plaintiff and that theplaintiff did not e+haust administrati$e remedies before bringing the suit" >owe$er, the trial court refused todismiss the complaint because the grounds cited were not indubitable" *he case was therefore set for pre5trialconference" -or failure of the petitioner to appear at the pretrial conference on December 19, 19&., the trialcourt declared him as in default" *hereafter, on -ebruary /0, 19&D, 3udgment was rendered as followsC1>)-O), 3udgment isherebyrenderedinfa$oroftheplaintiffandagainst thedefendants, orderingdefendant !hilippineNational Fan6todesist andrefrainfromreleasingtodefendant Cesar#armientoallmonetary benefits and emoluments which may be due him by reason of his retirement from ser$ice, but instead,to deli$er one5half 81O/9 thereof to the herein plaintiff' and if in the e$ent that all such monetary benefits andemoluments, for one reason or another, had already been paid to defendant Cesar #armiento, said defendant isherebyorderedtopayplaintiffone5half81O/9ofwhate$ermonetarybenefits, emolumentsandpi$ilegesherecei$edfromdefendant !hilippineNational Fan6byreasonofhisretirement" Hi6ewise, defendant Cesar#armiento is hereby ordered the costs of suit"?On April /1, 19&D, the pri$ate respondent mo$ed for the immediate e+ecution of the 3udgment in her fa$or, onthe ground that any appeal that the petitioner might ta6e would merely be dilatory in the light of the admissionin his answer" *he petitioner filed an opposition to the motion wherein he manifested that he was not going toappeal the decision of the trial court but that he would instead filed a petition for certiorari and prohibitionagainst the trial coourt"!etitioner appealed the -ebruary /0, 19&D decision of respondent =udge Dia: to the Court of Appeals on apetition for certiorari and prohibition" *he assailed decision denied the abo$e petition">ence, this 3oint petition"!etitioner?s a$erments can be narrowed down to the followingC1" *he order of May %, 19&B of respondent =udge Ordone:5Fenite:, prohibiting the !hilippine National Fan6 torelease any amount of the retirement gratuity due the petitioner without the trial court?s appro$al is contrary tolaw, because retirement benefits are e+empt from e+ecution"/" #ince the trial court had refused to gi$e the course to his appeal, he was 3ustified in resorting to the e+tra5ordinary legal remedies of certiorari and prohibition"%" *he default 3udgment dated -ebruary /0, 19&D of respondent =udge Dia: also ordering the !NF to desistfromreleasingtopetitioneranyportionofhisretirementbenefitsandtodeli$erone5halfthereoftohereinpri$ate respondent is contrary to law"-rom the foregoing, it can be gauged that what petitioner principally (uestions or protests against is respondentappellate court?s failure 8actually refusal to resol$e the issue on whether or not the retirement benefits due thepetitioner from the !NF are sub3ect to attachment, e+ecution or other legal process9"!ri$ate respondent, howe$er, claims that the issues raised by petitioner before respondent Court of Appealswere issues relating to the merits of the cases then pending with respondents =udge Ordone:5Fenite: and =udgeDia: and hence the said issues were proper sub3ect of an appeal,which remedy was already a$ailed of bypetitioner in both cases" #he li6ewise submits that since no (uestion of 3urisdiciton or abuse of discretion hadbeen raised and substantiated in the petitions before the respondent Court of Appeals, said appellate court waslegally 3ustified in dismissing the petition"=ust as 1e ha$e dealt with the facts of these two cases, 1e now intend to resol$e their issues and (uestions alsoseparately"$.%. &o. 7'()*1e do not find merit in petitioner?s contention that simply because the trial court had refused to gi$e due coursetohis appeal, hewas already3ustifiedinresortingtothee+traordinarylegal remedies of certiorari andprohibition" 1hat the respondent Court of Appeals found in this regard need not be further elaborated upon"#aid appellate court ruledCAnder F! 1/9, sec" %9, no record on appeal is re(uired to ta6e an appeal" Nor is an appeal bond re(uired"84nterim )ules, sec" 1&9 A notice of appeal is sufficient" Anli6e before, where appro$al of the record on appealandtheappeal bondwasre(uiredbeforetheappeal was perfected, under thepresent rule, theappeal isperfected upon the e+piration of the last day to appeal by a party by the mere filing of a notitce of appeal84nterim )ules, sec" /%9" *he appro$al of the court is not re(uired" *his means that within %0 days after theperfection of the appeal, the original record should be transmitted to the 4ntermediate Appellate Court" 4f thecler6 neglects the performance of this duty, the appellant should as6 the court to order the cler6" 4t does notseem that the petitioner has done this, and it may e$en be that he is liable for failure to prosecute his appeal"8)ule BD, sec" %' )ule .0, sec" 1 ScT"On the allegation of petitioner that it is not the appellant but the appellee?s duty to ma6e the cler6 of court of thetrial court transmit the record on appeal to the appellate court, respondent Court of Appeals aptly points to therullings under )ule BD, sec" % of the )e$ised )ules of Court"4t has been held that, while it is the duty of the cler6 of the Court of -irst 4nstance to immediately transmit tothe cler6 of the #upreme Court a certified copy of the bill of e+ceptions, 8now, record on appeal9 it is also theduty of the appellant to cause the same to be presented to the cler6 of the #upreme Court within thirty daysafter its appro$al" >e cannot simply fold his arms and say that it is the duty of the Cler6 of Court -irst 4nstanceunderthepro$isionsofsection11, )uleB1ofthe)ulesofCourt totransmit therecordofappeal totheappellate court" 4t is appellant?s duty to ma6e the cler6 act and, if necessary, procure a court order to compelhim to act" >e cannot idly sit by and wait till this is done" >e cannot afterwards wash his hands and say thatdelay in the transmittal of the record on appeal was not his fault" -or, indeed, this duty imposed upon him wasprecisely to spur on the slothful" 8/ Moran, Comments on the )ules of Court B&0 S1979T9"E$idently, petitioner had no $alid e+cuse to resort to the e+traordinary writ of certiorari and prohibition whenappeal had been a$ailable to him and which he, in fact, already initiated but did not pursue"!etitioner, in (uestioning the Order of May %, 19&B of respondent =udge OrdoNe:5Fenite:, claims that suchorder contra$enes thelawe+emptingretirement gratuityfromlegal process andliens" 1efindmerit inpetitioner?sstandinthelight ofthee+plicit pro$isionsof#ec" /DofCA 1&D, asamended, whichreadasfollowsC#ec" /D"+emption from legalprocess andliens"Nopolicyoflifeinsuranceissued underthis Act, ortheproceeds thereof, when paid to any member thereunder, nor any ot#er 1enefit granted under t#is Act, shall beliable to attachment, garnishment, or other process, or to be sei:ed, ta6en, appropriated, or applied 1y any legalor equita1le process or operation of la2 to pay any debt or liability of such member, of his beneficiary, or anyother person who may ha$e a right thereunder, either before or after payment' nor shall the proceeds thereof'when not made payable to a named beneficiary, constitute a part of the estate of the member for payment of hisdebt' !ro$ided, howe$er, *hat this section shall not apply when obligation, associated or ban6 or other financialinstituted, which is hereby authori:ed"*heaforecitedfree:eorderofrespondent =udgeFenite:8directing!NFnot toreleaseanyportionoftheretirement benefits due the petitioner9 falls s(uarely within the restricti$e pro$isions of the afore(uoted section"Notably, said section spea6s of Eany other benefit granted under this Act,E or Eother processE and Eapplied byany legal or e(uitable process or operation of law"E *his assailed order clearly $iolates the aforestated pro$isionand is, therefore, illegal and improper"$.%. &o 7'(0))e the petition for certiorari and prohibition, the appellate court in dismissing the same, saidCFut in this case, the petitioner could ha$e appealed from the decision of =udge Dia:" 4nstead, he announced hewas not going to appeal" >e was going to file a petition for certiorari and prohibition as he in fact did in thiscase" *his certainly cannot be done, e$en under the most liberal $iew of practice and procedure" specially canthis not be done when the (uestions raised do not relate either to errors of 3urisdiction or to gra$e abuse ofdiscretion but, if at all, to errors of 3udgment"*he default 3udgment dated -ebruary /0, 19&D of respondent =udge Dia: which ordered then defendant !NF todesist andrefrain fromreleasingto petitionerall monetarybenefits andemolumentsduehimas retirementbenefits and to deli$er one5half thereof to pri$ate respondent also comes within the prohibition imposed by #ec"/D, as amended, of the ;#4# Charter" *his, in effect, is also a free:e order"*hedirecti$etodeli$er one5half 81O/9 of theretirement benefitstopri$aterespondent ma6es thedefault3udgment doubly illegal because retirement benefits ha$e been ad3udged as gratuities or reward for lengthy andfaithful ser$ice of the recipient and should be treated as separate property of the retiree5spouse" *hus, if themonetary benefits are gi$en gratis by the go$ernment because of pre$ious wor6 8li6e the retirement pay of apro$incial auditor in Mendo:a $s" Di:on, H5%&7, October /., 19.D9 or that of a =ustice of the !eace 8lcar $s"clar, CA5B0 O";" 1/th #upp" No" 1&, p" &D9, this is a gratuity and should be considered separate property 8Art"1B&, Ci$il Code9"4n $ie4nter5Country Adoption in the !hilippines (#: Att#. &ag*a5e)a &. R. Le1ite)% Ce!" Cit#% P6i5i11i)es 4ntroduction*he law that go$erns inter5country adoption in the !hilippines is )epublic Act No" &0B% appro$ed on =une 7, 199."4t is the policy of the !hilippines to pro$ide e$ery neglected and abandoned child with a family with priorities to place thechild with an adopti$e family in the !hilippines" >owe$er, this law recogni:e inter5country adoption to allow aliens toadopt pro$ided it shall be beneficial to the child?s best interests, and shall ser$e and protect hisOher fundamental rights"*hus, inter5country adoption shall be the last resort only if all possibilities under the -amily Code ha$e been e+hausted"4nter5country adoption refers to the socio5legal process of adopting a -ilipino child by a foreigner or a -ilipino citi:enpermanentlyresidingabroadwherethepetitionisfiled, thesuper$isedtrial custodyisunderta6en, andthedecreeofadoption is issued outside the !hilippines"*his law is in compliance with the +ague Convention on t#e Protection of C#ildren and Co3operation in respect of 4nter3country Adoption1, to which the !hilippines is a #tate !arty and is denominated as a #ending Country"*he 4nter5Country Adoption Foard*he 4nter5Country Adoption Foard is the central authority in matters relating to inter5country adoption"4t shall act as thepolicy5ma6ing body*he Foard shall be composed of the #ecretary of the Department of #ocial 1elfare and De$elopment 8D#1D9 as e+officio Chairman, and si+ 8D9 other members to be appointed by the !resident for a nonrenewable term of si+ 8D9 years"*here shall be appointed one 819 psychiatrist or psychologist, two 8/9 lawyers who shall ha$e at least the (ualifications ofa regional trial court 3udge, one 819 registeredsocial wor6er andtwo8/9 representati$es fromnon5go$ernmentalorgani:ations engaged in child5caring and placement acti$ities" 1ho May Adopt An alien or a -ilipino citi:en permanently residing abroad may file an application for inter5country adoption of a -ilipinochild if heOsheC 8a9is at least twenty5se$en 8/79 years of age and at least si+teen 81D9 years older than the child to be adopted, at the timeof application unless the adopter is the parent by nature of the child to be adopted or the spouse of such parentC 8b9if married, hisOher spouse must 3ointly file for the adoption'8c9has the capacity to act and assume all rights and responsibilities of parental authority under his national laws, and hasundergone the appropriate counseling from an accredited counselor in hisOher country'8d9has not been con$icted of a crime in$ol$ing moral turpitude'8e9is eligible to adopt under hisOher national law'8f9is in a position to pro$ide the proper care and support and to gi$e the necessary moral $alues and e+ample to all hischildren, including the child to be adopted'8g9agrees to uphold the basic rights of the child as embodied under !hilippine laws, the A"N" Con$ention on the )ights ofthe Child, and to abide by the rules and regulations issued to implement the pro$isions of this Act'8h9 comesfromacountrywithwhomthe!hilippineshasdiplomaticrelationsandwhosego$ernment maintainsasimilarly authori:ed and accredited agency and that adoption is allowed under hisOher national laws' and8i9 !ossesses all the (ualifications and none of the dis(ualifications pro$ided herein and in other applicable !hilippinelaws"1ho May be AdoptedOnly a legally free child may be the sub3ect of inter5country adoption" Hegally5free child means a child who has been$oluntarily or in$oluntarily committed to the Department of #ocial 1elfare and De$elopment 8D#1D9, in accordancewith the !hilippine Child and Kouth 1elfare Code" Child means a person below fifteen 81.9 years of age unless sooneremancipated by law")e(uirements to be submitted to the 4nter5country Adoption Foard in order the child may be considered for placement8a9 Child study'8b9 Firth certificateOfoundling certificate'8c9 Deed of $oluntary commitmentOdecree of abandonmentOdeath certificate of parents'8d9 Medical e$aluation Ohistory'8e9 !sychological e$aluation, as necessary' and8f9 )ecent photo of the child" 1here to -ile ApplicationU *here are two ways to file an applicationC 1"filed before the !hilippine )egional *rial Court ha$ing 3urisdiction o$er the child, in which case the)ules ofCourt shall apply/"%"with the 4nter5country Adoption Foard, through an intermediate agency in the country of the prospecti$e adopti$eparentsB" 1hat are the documents needed together with the application for adoptionU *he application shall be supported by the following documents written and officially translated in nglish" 8a9Firth certificate of applicant8s9' 8b9Marriage contract, if married, and di$orce decree, if applicable'8c91ritten consent of their biological or adopti$e children abo$e ten 8109 years of age, in the form of sworn statement'8d9!hysical, medical and psychological e$aluation by a duly licensed physician and psychologist'8e94ncome ta+ returns or any document showing the financial capability of the applicant8s9'8f9!olice clearance of applicant8s9'8g9 Character reference fromthe local churchOminister, the applicant?s employer anda member of the immediatecommunity who ha$e 6nown the applicant8s9 for at least fi$e 8.9 years' and8h9)ecent postcard5si:e pictures of the applicant8s9 and his immediate family'1hat are the rules for -amily #electionOMatchingU Matching refers to the 3udicious pairing of the adopti$e child and the applicant to promote a mutually satisfying parent5child relationship" 1"No child shall be matched to a foreign adopti$e family unless it is satisfactorily shown that the child cannot beadopted locally"/"%"*he clearance shall be issued by the 4nter5country Adoption Foard for the placement of the child"B"."*he Foard shall transmit the !lacement Authority to the authori:ed and accredited inter5country adoption agency"D"7"*he adopti$e parents, or any one of them, shall personally fetch the child in the !hilippines once all the tra$eldocuments of the child are ready"&"1hat are the !re5adopti$e !lacement CostsU*he applicant8s9 shall bear the following costs incidental to the placement of the child'1"*he cost of bringing the child from the !hilippines to the residence of the applicant8s9 abroad, including all tra$ele+penses within the !hilippines and abroad' and/" 1"*he cost of passport, $isa, medical e+amination and psychological e$aluation re(uired, and other relatede+penses"/" 1ho shall be responsible for the #uper$ision of *rial CustodyU *he go$ernmental agency or the authori:ed and accredited agency in the country of the adopti$e parents which filed theapplication for inter5country adoption shall be responsible for the trial custody and the care of the child" 4t shall also pro$ide family counseling and other related ser$ices"*he trial custody shall be for a period of si+ 8D9 monthsfrom the time of placement" Only after the lapse of the period of trial custody shall a decree of adoption is issued in the said country a copy of whichshall be sent to the Foard to form part of the records of the child"During the trial custody, the adopting parent8s9 shall submit to the go$ernmental agency or the authori:ed and accreditedagency, which shall in turn transmit a copy to the Foard, a progress report of the child?s ad3ustment" *he progress reportshall be ta6en into consideration in deciding whether or not to issue the decree of adoption"1hat are the penalties pro$ided for in this lawU8a9 Any person who shall 6nowingly participate in the conduct or carrying out of an illegal adoption, in $iolation of thepro$isions of this Act, shall be punished with a penalty of imprisonment ranging from si+ 8D9 years and one 819 day totwel$e 81/9 years andOor a fine of not less than -ifty thousand pesos 8!.0,0009, but not more than *wo hundred thousandpesos 8!/00"0009, at the discretion of the court" -or purposes of this Act, an adoption is illegal if it is effected in anymanner contrarytothepro$isions of this Act or established#tatepolicies, its implementingrules andregulations,e+ecuti$e agreements, and other laws pertaining to adoption" 4llegality may be presumed from the following actsC819 consent for an adoption was ac(uired through, or attended by coercion, fraud, improper material inducement' 8/9 there is no authority from the Foard to effect adoption'8%9 the procedures and safeguards placed under the law for adoption were not complied with' and8B9 the child to be adopted is sub3ected to, or e+posed to danger, abuse and e+ploitation"8b9 Any person who shall $iolate established regulations relating to the confidentiality and integrity of records, documentsand communications of adoption applications, cases and processes shall suffer the penalty of imprisonment ranging fromone 819 year and one 819 day to two 8/9 years, andOor a fine of not less than -i$e thousand pesos 8!.,0009, but not morethan *en thousand pesos 8!10,0009, at the discretion of the court" A penalty lower by two 8/9 degrees than that prescribed for the consummated felony under this Article shall be imposedupon the principals of the attempt to commit any of the acts herein enumerated"Acts punishable under this Article, when committed by a syndicate or where it in$ol$es two or more children shall beconsidered as an offense constituting child traffic6ing and shall merit the penalty of reclusion perpetua"Acts punishable under this Article are deemed committed by a syndicate if carried out by a group of three 8%9 or morepersonsconspiringandOorconfederatingwithoneanotherincarryingoutanyoftheunlawfulactsdefinedunderthisArticle" !enalties as are herein pro$ided shall be in addition to any other penalties which may be imposed for the sameacts punishable under other laws, ordinances, e+ecuti$e orders, and proclamations"1hat will happen to !ublic Officers who $iolates this lawUAny go$ernment official, employee or functionary who shall be found guilty of $iolating any of the pro$isions of this Act,or whoshall conspirewithpri$ateindi$iduals shall, inadditiontotheabo$e5prescribedpenalties, bepenali:edinaccordancewithe+istingci$il ser$icelaws, rules andregulationsCProvided5*hat uponthefilingof acase, eitheradministrati$e or criminal, saidgo$ernment official, employee or functionaryconcernedshall automaticallysuffersuspension until the resolution of the case">ow much are the fees for those interested in adopting -ilipino childrenU *he applicants are to bear the followingcostsa9 Adoption Application -ee55V100"00 8non5refundable upon endorsement of the Adoption Application and #upportingDocuments9b9 !rocessing -ee55A#V900"0055for relati$e and non5relati$e adoptionA#V B00"0055for #pecial Needs Childrenc9 !re5tra$el +penses55 *he cost of the passport, $isa, medical e+amination, psychological e$aluation, tra$el e+penses ofthe child within the !hilippines and for abroad 8 the cost $aries on a countryto country basis9d9 A#V.00 Child Care #upport -und for the Child Caring Agencies1hat is the re(uired age for the Adopti$e ApplicantsU4t is a re(uirement in the !hilippine 4nter5country Adoption Haw that the adopti$e applicants must at least be 1D yearsolder than thechild to be adopted at the time of filing of the application or maintained a ma+imum age gap of >ow long is the processing timeUAdoption applicants that ha$e substanti$e >ome #tudy )eport 8>#)9 and complete supporting documents are re$iewedand appro$ed within one month from receipt of the adoption applicantOs? dossier" On theother hand, adoption applicationwith lac6ing information andOor documents are re$iewed and processed depending upon the submissionOcompletion bytheCentralAuthorityO-oreign Adoption Agency8CAO-AA9ofthe re(uestedinformationandOordocuments withthecorresponding delay in its appro$al"*he matching or child referral or allocation largely depends on the stated child preference 8i"e" child?s age, gender andstate of health or e+tent of 6nown bac6ground9 of the !rospecti$e Adopti$e !arents 8!A!s9"*his usually ta6es nine 899months to one 819 year afterthe !A!s? appro$al" 4f one is willing to accept a special needs child then it generally shortensthe waiting periodfor child allocation" -re(uently As6ed @uestions from the 4CAF /

8websiteC sourceC httpCOOwww"s6yinet"netOWicabaOinde+"html91"Can a prospecti$e adopti$e parent choose the gender of the child to be adoptedUKes, the adopti$e applicants ha$e the option to choose the gender and the age of their child preference"/" 4f you adopt a sibling group, do you pay one processing fee, or one fee for each childU *he !rospecti$e Adopti$e !arents pay only one processing fee regardless of the number of siblings in the group to beadopted" *he4CAFestimates thepre5tra$el e+penses 8for theprocessingof tra$el documents e"g" passport, FirthCertificates, Gisa Medical +amination, Gisa !ictures, etc"9 for each child and is a separate payment from the processingfee"*he cost of the pre5tra$el e+penses is for each child to be processed by the 4CAF and to be paid by the !A!s"%"1ill a health certificate be issued to the adopted childU 4f so what diseases will he or she be tested forU 1ill the child besub3ect to A4D# testingU;enerally, children cleared for inter5country adoption ha$e been tested and also recei$ed immuni:ations against commonchildhood ailments while under the care and custody of Child CaringOChild !lacing Agencies 8orphanagesO4nstitutions forchildren9" >owe$er,childrenboundforinter5countryadoptionplacement undergo$isamedical e+aminationorhealthe+amination prior to the issuance of their entry $isa if this is an immigration re(uirement of the )ecei$ing Country" *odate, $isa medical e+aminations includeC blood testing, stool e+amination, urine test, s6in test for allergies, *uberculin testfor !rimary Comple+ or pulmonary *uberculosis, >epatitis F 8if re(uested9 and >4G-ilipino children are not sub3ected to A4D# tests unless there are factors 8e"g" child?s birthmother is a prostituted woman with multiple partners, drug user, etc"9 that would logically re(uire the A4D# test to be done because it will be in the child?s best interests"B" 4s the adoption process transparentUKes, $ery transparentX *he Central Authority representati$es can come and $isit the 4CAF, may re(uest the obser$ation ofthe Matching Conference, ha$e dialogues with the 4CAF #ecretariat #ocial 1or6ers, may schedule $isits to the differentChildCaringO!lacingAgenciesor write, fa+, email or courier usto4n(uire, amongothers, onmatterspertainingto!rospecti$e adopti$e !arents 8!A!s9 application, the child being proposed to the !A!s and other inter5country adoptionconcerns they wish to be clarified"." 1hat are the legal guarantees of !A!s in the e$ent the biological parents of the adopted -ilipino child changes their mind about the adoptionUa9 *he children placed for inter5country adoption are those who are either in$oluntary committed by $irtue of a )egional*rial Court?sO-amily Court?s Declaration of Abandonment 8DA9 or those who are $oluntarily committed or relin(uished bytheirbiological parentOsandlegal guardian by$irtueofaDeedofGoluntaryCommitment 8DGC9madeout tothe Department of #ocial 1elfare and De$elopment 8D#1D9, the !hilippine Competent Authority on adoption"b9 *he 4n$oluntary Commitment is a 3udicial process that terminates the parental authority of the biological parentOs orlegal guardians"c9 1hen a child has been $oluntarily committed in writing by hisOherbiologicalparentOs or legal guardians to the custodyof the D#1D or any licensed Child CaringOChild !lacing Agency, the rights of hisOher biological parentOs guardians orothercustodiantoe+erciseparental authorityo$erhimisse$ered" *hebiological parentOsguardianmaypetitionforthe restorationoftheirparental rightsandauthorityo$erthechildwithinsi+monthsafterthesurrender8DGC9andpro$ided that the child has not left the country with the !A!s"D" 4s there a possibility that the Child will be ta6en away from the custody of the !A!s after the initial D months periodU*he child may be ta6en away from the custody of the !A!s during the initial D months trial custody period if the CAO-AAfinds that the child or the !A!s or both findOs the pre5adopti$e relationship to be unsatisfactory of if the CAO-A finds thatthe continued placement of the child is not in the child?s best interest" #aid relationship is suspended by theFoard"7" Are there many children a$ailable in the waiting child program and what are the circumstancesU1e ha$e a number of#pecial Needs Children5 #pecial >ome -inding of either se+ orOlder children whose age range is from . 5 1. years oldChildren belonging to a sibling group of % or moreChildren found positi$e of >epa F or >4GChildren with minor medical conditions 8cleft lipOpalate, half or total blindness, hearing impaired, mild cerebralpalsy, etc"9 de$elopmental delays 8languageOspeech, motor s6ills, etc"9&">ow long is typical for waiting for this programU;enerally, all our waiting children ha$e been cleared for inter5country adoptionplacement and once the -AA notifies the4CAF that a possible family is interested in aspecific childOren in the #pecial Needs Children 5 #pecial >ome -indingsprogram, such a caseOs isOare put on hold" *he 4CAF allows the -AA to complete and endorse the dossier of the #>-adoption applicants within a B month period"*he 4CAF #ecretariat #ocial 1or6er in charge of the #NC5#>-program ismandated by the Foard to present the case within one wee6 after receipt of the application if the endorsed dossier of thefamily has thorough and substantial information in the >ome #tudy )eport 8>#)9 and supporting documents are completeand li6ewise, the dossier of the child is complete and updated Re3ere)ces: 1"C'N+ENTI'N 'N PR'TECTI'N 'F CHILDREN AND C','PERATI'N IN RESPECT 'FINTERC'UNTRD AD'PTI'N /" Re1"!5ic Act No. 90$/ I)ter,Co")tr# A*o1tio) Act o3 10. *he full te+t are pro$ided hereunderC C'N+ENTI'N 'N PR'TECTI'N 'F CHILDREN AND C','PERATI'N IN RESPECT 'FINTERC'UNTRD AD'PTI'N,Concluded 6* May 0**- ,!ntered into force 0 May 0**'- *he #tates signatory to the present Con$ention,)ecogni:ing that the child, for the full and harmonious de$elopment of his or her personality, should grow up in a familyen$ironment, in an atmosphere of happiness, lo$e and understanding,)ecalling that each #tate should ta6e, as a matter of priority, appropriate measures to enable the child to remain in the careof his or her family of origin,)ecogni:ing that intercountry adoption may offer the ad$antage of a permanent family to a child for whom a suitablefamily cannot be found in his or her #tate of origin,Con$inced of the necessity to ta6e measures to ensure that intercountry adoptions are made in the best interests of thechild and with respect for his or her fundamental rights, and to pre$ent the abduction, the sale of, or traffic in children,Desiringtoestablishcommonpro$isions tothis effect, ta6ingintoaccount theprinciples set forthininternationalinstruments, in particular the Anited Nations Con$ention on the )ights of the Child, of /0 No$ember 19&9, and the AnitedNationsDeclarationon#ocial andHegal !rinciplesrelatingtothe!rotectionand1elfareofChildren, with#pecial)eference to -oster !lacement and Adoption Nationally and 4nternationally 8;eneral Assembly )esolution B1O&., of %December 19&D9,>a$e agreed upon the following pro$isions YC>A!*) 4 Y #CO! O- *> CONGN*4ONArticle 0*he ob3ects of the present Con$ention are Ya- to establish safeguards to ensure that intercountry adoptions ta6e place in the best interests of the child and with respectfor his or her fundamental rights as recogni:ed in international law'1-to establish a system ofco5operationamongstContracting#tatesto ensurethatthosesafeguards arerespected andthereby pre$ent the abduction, the sale of, or traffic in children'c- to secure the recognition in Contracting #tates of adoptions made in accordance with the Con$ention"Article 6819 *he Con$ention shall apply where a child habitually resident in one Contracting #tate 8Ethe #tate of originE9 has been,is being, or is to be mo$ed to another Contracting #tate 8Ethe recei$ing #tateE9 either after his or her adoption in the #tateof origin by spouses or a person habitually resident in the recei$ing #tate, or for the purposes of such an adoption in therecei$ing #tate or in the #tate of origin"8/9 *he Con$ention co$ers only adoptions which create a permanent parent5child relationship"Article *he Con$ention ceases to apply if the agreements mentioned in Article 17, sub5paragraphc, ha$e not been gi$en beforethe child attains the age of eighteen years"C>A!*) 44 Y )@A4)MN*# -O) 4N*)COAN*)K ADO!*4ON#Article (An adoption within the scope of the Con$ention shall ta6e place only if the competent authorities of the #tate of origin Ya- ha$e established that the child is adoptable'1-ha$edetermined, after possibilities for placement of thechildwithinthe#tate of originha$e beengi$endueconsideration, that an intercountry adoption is in the child?s best interests'c- ha$e ensured that819thepersons, institutionsandauthoritieswhoseconsent isnecessaryforadoption, ha$ebeencounseledasmaybenecessary and duly informed of the effects of their consent, in particular whether or not an adoption will result in thetermination of the legal relationship between the child and his or her family of origin,8/9 such persons, institutions and authorities ha$e gi$en their consent freely, in the re(uired legal form, and e+pressed ore$idenced in writing,8%9 the consents ha$e not been induced by payment or compensation of any 6ind and ha$e not been withdrawn, and8B9 the consent of the mother, where re(uired, has been gi$en only after the birth of the child' andd- ha$e ensured, ha$ing regard to the age and degree of maturity of the child, that819heorshehasbeencounselledanddulyinformedoftheeffectsoftheadoptionandofhisorherconsent totheadoption, where such consent is re(uired,8/9 consideration has been gi$en to the child?s wishes and opinions,8%9 the child?s consent to the adoption, where such consent is re(uired, has been gi$en freely, in the re(uired legal form,and e+pressed or e$idenced in writing, and8B9 such consent has not been induced by payment or compensation of any 6ind"Article 'An adoption within the scope of the Con$ention shall ta6e place only if the competent authorities of the recei$ing #tate Ya- ha$e determined that the prospecti$e adopti$e parents are eligible and suited to adopt'1- ha$e ensured that the prospecti$e adopti$e parents ha$e been counselled as may be necessary' andc- ha$e determined that the child is or will be authori:ed to enter and reside permanently in that #tate"C>A!*) 444 Y CN*)AH AA*>O)4*4# AND ACC)D4*D FOD4#Article 7819 A Contracting #tate shall designate a Central Authority to discharge the duties which are imposed by the Con$entionupon such authorities"8/9 -ederal #tates, #tates with more than one system of law or #tates ha$ing autonomous territorial units shall be free toappoint more than one Central Authority and to specify the territorial or personal e+tent of their functions" 1here a #tatehas appointed more than one Central Authority, it shall designate the Central Authority to which any communication maybe addressed for transmission to the appropriate Central Authority within that #tate"Article 7819 Central Authorities shall co5operate with each other and promote co5operation amongst the competent authorities intheir #tates to protect children and to achie$e the other ob3ects of the Con$ention"8/9 *hey shall ta6e directly all appropriate measures to Ya- pro$ide information as to the laws of their #tates concerning adoption and other general information, such as statisticsand standard forms'1- 6eep one another informed about the operation of the Con$ention and, as far as possible, eliminate any obstacles to itsapplication"Article 8Central Authorities shall ta6e, directly or through public authorities, all appropriate measures to pre$ent improper financialor other gain in connection with an adoption and to deter all practices contrary to the ob3ects of the Con$ention"Article *CentralAuthoritiesshallta6e, directlyorthroughpublicauthoritiesorotherbodiesdulyaccreditedintheir#tate, allappropriate measures, in particular to Ya- collect, preser$e and e+change information about the situation of the child and the prospecti$e adopti$e parents, so faras is necessary to complete the adoption'1- facilitate, follow and e+pedite proceedings with a $iew to obtaining the adoption'c- promote the de$elopment of adoption counseling and post5adoption ser$ices in their #tates'd- pro$ide each other with general e$aluation reports about e+perience with intercountry adoption'e-reply, in so far as is permitted by the law of their #tate, to 3ustified re(uests from other Central Authorities or publicauthorities for information about a particular adoption situation"Article 0)Accreditation shall only be granted to and maintained by bodies demonstrating their competence to carry out properly thetas6s with which they may be entrusted"Article 00An accredited body shall Ya-pursue only non5profit ob3ecti$es according to such conditions and within such limits as may be established by thecompetent authorities of the #tate of accreditation'1- be directed and staffed by persons (ualified by their ethical standards and by training or e+perience to wor6 in the fieldof intercountry adoption' andc- be sub3ect to super$ision by competent authorities of that #tate as to its composition, operation and financial situation"Article 06A body accredited in one Contracting #tate may act in another Contracting #tate only if the competent authorities of both#tates ha$e authori:ed it to do so"Article 0*he designation of the Central Authorities and, where appropriate, the e+tent of their functions, as well as the names andaddressesoftheaccreditedbodiesshall becommunicatedbyeachContracting#tatetothe!ermanent Fureauofthe>ague Conference on !ri$ate 4nternational Haw"C>A!*) 4G Y !)OCDA)AH )@A4)MN*# 4N 4N*)COAN*)K ADO!*4ONArticle 0(!ersons habitually resident in a Contracting #tate, who wish to adopt a child habitually resident in another Contracting#tate, shall apply to the Central Authority in the #tate of their habitual residence"Article 0'819 4f the Central Authority of the recei$ing #tate is satisfied that the applicants are eligible and suited to adopt, it shallprepare areportincluding informationabout theiridentity,eligibilityand suitabilityto adopt,bac6ground,familyandmedical history, social en$ironment, reasons for adoption, ability to underta6e an intercountry adoption, as well as thecharacteristics of the children for whom they would be (ualified to care"8/9 4t shall transmit the report to the Central Authority of the #tate of origin"Article 07819 4f the Central Authority of the #tate of origin is satisfied that the child is adoptable, it shall Ya-prepare a report including information about his or her identity, adoptability, bac6ground, social en$ironment, familyhistory, medical history including that of the child?s family, and any special needs of the child'1- gi$e due consideration to the child?s upbringing and to his or her ethnic, religious and cultural bac6ground'c- ensure that consents ha$e been obtained in accordance with Article B' andd- determine, on the basis in particular of the reports relating to the child and the prospecti$e adopti$e parents, whether theen$isaged placement is in the best interests of the child"8/9 4t shall transmit to the Central Authority of the recei$ing #tate its report on the child, proof that the necessary consentsha$e been obtained and the reasons for its determination on the placement, ta6ing care not to re$eal the identity of themother and the father if, in the #tate of origin, these identities may not be disclosed"Article 07Any decision in the #tate of origin that a child should be entrusted to prospecti$e adopti$e parents may only be made if Ya- the Central Authority of that #tate has ensured that the prospecti$e adopti$e parents agree'1- the Central Authority of the recei$ing #tate has appro$ed such decision, where such appro$al is re(uired by the law ofthat #tate or by the Central Authority of the #tate of origin'c- the Central Authorities of both #tates ha$e agreed that the adoption may proceed' andd-it has been determined, in accordance with Article ., that the prospecti$e adopti$e parents are eligible and suited toadopt and that the child is or will be authori:ed to enter and reside permanently in the recei$ing #tate"Article 08*he Central Authorities of both #tates shall ta6e all necessary steps to obtain permission for the child to lea$e the #tate oforigin and to enter and reside permanently in the recei$ing #tate"Article 0*819 *he transfer of the child to the recei$ing #tate may only be carried out if the re(uirements of Article 17 ha$e beensatisfied"8/9 *he Central Authorities of both #tates shall ensure that this transfer ta6es place in secure and appropriatecircumstances and, if possible, in the company of the adopti$e or prospecti$e adopti$e parents"8%9 4f the transfer of the child does not ta6e place, the reports referred to in Articles 1. and 1D are to be sent bac6 to theauthorities who forwarded them"Article 6)*he Central Authorities shall 6eep each other informed about the adoption process and the measures ta6en to complete it,as well as about the progress of the placement if a probationary period is re(uired"Article 60819 1here the adoption is to ta6e place after the transfer of the child to the recei$ing #tate and it appears to the CentralAuthority of that #tate that the continued placement of the child with the prospecti$e adopti$e parents is not in the child?sbest interests, such Central Authority shall ta6e the measures necessary to protect the child, in particular Ya- to cause the child to be withdrawn from the prospecti$e adopti$e parents and to arrange temporary care'1- in consultation with the Central Authority of the #tate of origin, to arrange without delay a new placement of the childwith a $iew to adoption or, if this is not appropriate, to arrange alternati$e long5term care' an adoption shall not ta6e placeuntil the Central Authority of the #tate of origin has been duly informed concerning the new prospecti$e adopti$e parents'c- as a last resort, to arrange the return of the child, if his or her interests so re(uire"8/9 >a$ing regard in particular to the age and degree of maturity of the child, he or she shall be consulted and, whereappropriate, his or her consent obtained in relation to measures to be ta6en under this Article"Article 66819 *hefunctions of aCentral Authorityunder this Chapter maybeperformedbypublicauthorities or bybodiesaccredited under Chapter 444, to the e+tent permitted by the law of its #tate"8/9 Any Contracting #tate may declare to the depositary of the Con$ention that the functions of the Central Authorityunder Articles 1. to /1 may be performed in that #tate, to the e+tent permitted by the law and sub3ect to the super$ision ofthe competent authorities of that #tate, also by bodies or persons who Ya- meet the re(uirements of integrity, professional competence, e+perience and accountability of that #tate' and1- are (ualified by their ethical standards and by training or e+perience to wor6 in the field of intercountry adoption"8%9 A Contracting #tate which ma6es the declaration pro$ided for in paragraph / shall 6eep the !ermanent Fureau of the>ague Conference on !ri$ate 4nternational Haw informed of the names and addresses of these bodies and persons"8B9 Any Contracting #tate may declare to the depositary of the Con$ention that adoptions of children habitually resident inits territory may only ta6e place if the functions of the Central Authorities are performed in accordance with paragraph 1"8.9 Notwithstanding any declaration made under paragraph /, the reports pro$ided for in Articles 1. and 1D shall, in e$erycase, bepreparedundertheresponsibilityoftheCentralAuthorityorotherauthoritiesorbodiesinaccordancewithparagraph 1"C>A!*) G Y )CO;N4*4ON AND --C*# O- *> ADO!*4ONArticle 6819 An adoption certified by the competent authority of the #tate of the adoption as ha$ing been made in accordance withthe Con$ention shall be recogni:ed by operation of law in the other Contracting #tates" *he certificate shall specify whenand by whom the agreements under Article 17, sub5paragraph c-, were gi$en"8/9 achContracting#tateshall, at thetimeof signature, ratification, acceptance, appro$al or accession, notifythedepositary of the Con$ention of the identity and the functions of the authority or the authorities which, in that #tate, arecompetent to ma6e the certification" 4t shall also notify the depositary of any modification in the designation of theseauthorities"Article 6(*he recognition of an adoption may be refused in a Contracting #tate only if the adoption is manifestly contrary to itspublic policy, ta6ing into account the best interests of the child"Article 6'Any Contracting #tate may declare to the depositary of the Con$ention that it will not be bound under this Con$ention torecogni:e adoptions made in accordance with an agreement concluded by application of Article %9, paragraph /"Article 67819 *he recognition of an adoption includes recognition ofa- the legal parent5child relationship between the child and his or her adopti$e parents'1- parental responsibility of the adopti$e parents for the child'c- the termination of a pre5e+isting legal relationship between the child and his or her mother and father, if the adoptionhas this effect in the Contracting #tate where it was made"8/9 4n the case of an adoption ha$ing the effect of terminating a pre5e+isting legal parent5child relationship, the child shallen3oy in the recei$ing #tate, and in any other Contracting #tate where the adoption is recogni:ed, rights e(ui$alent tothose resulting from adoptions ha$ing this effect in each such #tate"8%9 *he preceding paragraphs shall not pre3udice the application of any pro$ision more fa$orable for the child, in force inthe Contracting #tate which recogni:es the adoption"Article 67819 1here an adoption granted in the #tate of origin does not ha$e the effect of terminating a pre5e+isting legal parent5child relationship, it may, in the recei$ing #tate which recogni:es the adoption under the Con$ention, be con$erted into anadoption ha$ing such an effect Ya- if the law of the recei$ing #tate so permits' and1-if the consents referred to in Article B, sub5paragraphs cand d, ha$e been or are gi$en for the purpose of such anadoption"8/9 Article /% applies to the decision con$erting the adoption"C>A!*) G4 Y ;N)AH !)OG4#4ON#Article 68*he Con$ention does not affect any law of a #tate of origin which re(uires that the adoption of a child habitually residentwithin that #tate ta6e place in that #tate or which prohibits the child?s placement in, or transfer to, the recei$ing #tate priorto adoption"Article 6**here shall be no contact between the prospecti$e adopti$e parents and the child?s parents or any other person who hascare of the child until the re(uirements of Article B, sub5paragraphsa-to c-, and Article ., sub5paragraph a-, ha$e beenmet, unless the adoption ta6es place within a family or unless the contact is in compliance with the conditions establishedby the competent authority of the #tate of origin"Article )819 *he competent authorities of a Contracting #tate shall ensure that information held by them concerning the child?sorigin, in particular information concerning the identity of his or her parents, as well as the medical history, is preser$ed"8/9 *hey shall ensure that the child or his or her representati$e has access to such information, under appropriate guidance,in so far as is permitted by the law of that #tate"Article 01ithout pre3udice to Article %0, personal data gathered or transmitted under the Con$ention, especially data referred to inArticles 1. and 1D, shall be used only for the purposes for which they were gathered or transmitted"Article 6819 No one shall deri$e improper financial or other gain from an acti$ity related to an intercountry adoption"8/9 Only costs and e+penses, including reasonable professional fees of persons in$ol$ed in the adoption, may be chargedor paid"8%9 *he directors, administrators and employees of bodies in$ol$ed in an adoption shall not recei$e remuneration which isunreasonably high in relation to ser$ices rendered"Article A competent authority which finds that any pro$ision of the Con$ention has not been respected or that there is a seriousris6 that it may not be respected, shall immediately inform the Central Authority of its #tate" *his Central Authority shallbe responsible for ensuring that appropriate measures are ta6en"Article (4f thecompetent authorityof the#tateof destinationof adocument sore(uests, atranslationcertifiedasbeinginconformity with the original must be furnished" Anless otherwise pro$ided, the costs of such translation are to be borne bythe prospecti$e adopti$e parents"Article '*he competent authorities of the Contracting #tates shall act e+peditiously in the process of adoption"Article 74n relation to a #tate which has two or more systems of law with regard to adoption applicable in different territorial unitsYa- any reference to habitual residence in that #tate shall be construed as referring to habitual residence in a territorial unitof that #tate'1- any reference to the law of that #tate shall be construed as referring to the law in force in the rele$ant territorial unit'c-any reference to the competent authorities or to the public authorities of that #tate shall be construed as referring tothose authori:ed to act in the rele$ant territorial unit'd- any reference to the accredited bodies of that #tate shall be construed as referring to bodies accredited in the rele$antterritorial unit"Article 74n relation to a #tate which with regard to adoption has two or more systems of law applicable to different categories ofpersons, any reference to the law of that #tate shall be construed as referring to the legal system specified by the law ofthat #tate"Article 8A #tate within which different territorial units ha$e their own rules of law in respect of adoption shall not be bound toapply the Con$ention where a #tate with a unified system of law would not be bound to do so"Article *819 *heCon$entiondoesnot affect anyinternational instrument towhichContracting#tatesare!artiesandwhichcontains pro$isions on matters go$erned by the Con$ention, unless a contrary declaration is made by the #tates !arties tosuch instrument"8/9 Any Contracting #tate may enter into agreements with one or more other Contracting #tates, with a $iew to impro$ingthe application of the Con$ention in their mutual relations" *hese agreements may derogate only from the pro$isions ofArticles 1B to 1D and 1& to /1" *he #tates which ha$e concluded such an agreement shall transmit a copy to the depositaryof the Con$ention"Article ()No reser$ation to the Con$ention shall be permitted"Article (0*heCon$entionshall applyine$erycasewhereanapplicationpursuant toArticle1Bhas beenrecei$edafter theCon$ention has entered into force in the recei$ing #tate and the #tate of origin"Article (6*he #ecretary ;eneral of the >ague Conference on !ri$ate 4nternational Haw shall at regular inter$als con$ene a #pecialCommission in order to re$iew the practical operation of the Con$ention"C>A!*) G44 Y -4NAH CHAA##Article (819 *he Con$ention shall be open for signature by the #tates which were Members of the >ague Conference on !ri$ate4nternational Haw at the time of its #e$enteenth #ession and by the other #tates which participated in that #ession"8/9 4t shall be ratified, accepted or appro$ed and the instruments of ratification, acceptance or appro$al shall be depositedwith the Ministry of -oreign Affairs of the Iingdom of the Netherlands, depositary of the Con$ention"Article ((819 Any other #tate may accede to the Con$ention after it has entered into force in accordance with Article BD, paragraph1"8/9 *he instrument of accession shall be deposited with the depositary"8%9 #uch accession shall ha$e effect only as regards the relations between the acceding #tate and those Contracting #tateswhich ha$e not raised an ob3ection to its accession in the si+ months after the receipt of the notification referred to in sub5paragraph 1- of Article B&" #uch an ob3ection may also be raised by #tates at the time when they ratify, accept or appro$ethe Con$ention after an accession" Any such ob3ection shall be notified to the depositary"Article ('819 4f a #tate has two or more territorial units in which different systems of law are applicable in relation to matters dealtwith in the Con$ention, it may at the time of signature, ratification, acceptance, appro$al or accession declare that thisCon$ention shall e+tend to all its territorial units or only to one or more of them and may modify this declaration bysubmitting another declaration at any time"8/9 Any such declaration shallbe notifiedto thedepositaryand shallstatee+pressly theterritorial unitstowhichtheCon$ention applies"8%9 4f a #tate ma6es no declaration under this Article, the Con$ention is to e+tend to all territorial units of that #tate"Article (7819 *he Con$ention shall enter into force on the first day of the month following the e+piration of three months after thedeposit of the third instrument of ratification, acceptance or appro$al referred to in Article B%"8/9 *hereafter the Con$ention shall enter into force Ya-for each#tateratifying, acceptingor appro$ingit subse(uently, or accedingtoit, onthefirst dayof themonthfollowingthee+pirationof threemonths after thedeposit of itsinstrument of ratification, acceptance, appro$al oraccession'1- for a territorial unit to which the Con$ention has been e+tended in conformity with Article B., on the first day of themonth following the e+piration of three months after the notification referred to in that Article"Article (7819 A #tate !arty to the Con$ention may denounce it by a notification in writing addressed to the depositary"8/9*hedenunciationta6eseffect onthefirst dayofthemonthfollowingthee+pirationof twel$emonthsafterthenotification is recei$ed by the depositary" 1here a longer period for the denunciation to ta6e effect is specified in thenotification, the denunciation ta6es effect upon the e+piration of such longer period after the notification is recei$ed by thedepositary"Article (8*he depositary shall notify the #tates Members of the >ague Conference on !ri$ate 4nternational Haw, the other #tateswhich participated in the #e$enteenth #ession and the #tates which ha$e acceded in accordance with Article BB, of thefollowing Ya- the signatures, ratifications, acceptances and appro$als referred to in Article B%'1- the accessions and ob3ections raised to accessions referred to in Article BB'c- the date on which the Con$ention enters into force in accordance with Article BD'd- the declarations and designations referred to in Articles //, /%, /. and B.'e- the agreements referred to in Article %9'f- the denunciations referred to in Article B7"4n witness whereof the undersigned, being duly authori:ed thereto, ha$e signed this Con$ention"Doneat *he>ague, onthe/9thdayof May199%, inthenglishand-renchlanguages, bothte+tsbeinge(uallyauthentic, in a single copy which shall be deposited in the archi$es of the ;o$ernment of the Iingdom of the Netherlands,and of which a certified copy shall be sent, through diplomatic channels, to each of the #tates Members of the >agueConference on !ri$ate 4nternational Hawat the dateof its #e$enteenth #ession and toeach of the other#tates whichparticipated in that #ession" Re1"!5ic Act No. 90$/ I)ter,Co")tr# A*o1tio) Act o3 10. ARTICLE 1GENERAL PR'+ISI'NS SEC. 1. S0ort 3it.e. 5 *his Act shall be 6nown as the 24nter5Country Adoption Act of 199."7 SEC. ..,ec.aratio$ of Po.icy5 4t is hereby declared the policy of the #tate to pro$ide e$ery neglected and abandonedchild with a family that will pro$ide such child with lo$e and care as well as opportunities for growth and de$elopment"*owardsthisend, efforts shall bee+ertedtoplacethechildwithanadopti$efamilyinthe!hilippines" >owe$er,recogni:ingthat inter5countryadoptionmaybeconsideredasallowingaliens, not presentlyallowedbylawtoadopt-ilipino children if such children cannot be adopted by (ualified -ilipino citi:ens or aliens, the #tate shall ta6e measuresto ensure that inter5country adoptions are allowed when the same shall pro$e beneficial to the child,s best interests andshall ser$e and protect hisOher fundamental rights" SEC. /. ,efi$itio$ of 3erms. , As used in this Act, the termC a- 4nter3country adoption refers to the socio5legal process of adopting a -ilipino child by a foreigner or a -ilipino citi:enpermanently residing abroad where the petition is filed, the super$ised trial custody is underta6en and decree of adoptionis issued outside the !hilippines" 1- C#ild means a person below fifteen 81.9 years of age unless sooner emancipated by law"c- .epartment refers to the Department of #ocial 1elfare and De$elopment of the )epublic of the !hilippines"d- Secretary refers to the #ecretary of the Department of #ocial 1elfare and De$elopment"e- Aut#ori9ed and accredited agency refers to the #tate welfare agency or a licensed adoption agency in the country of theadopting parents which pro$ide co