of parents, parental authority shall be exercised by the parent designated by the court.

” In awarding
G.R. No. 105308. September 25, 1998. * custody, the court shall take into account “all relevant considerations, especially the choice of the
HERBERT CANG, petitioner, vs. COURT OF APPEALS and Spouses RONALD V. child over seven years of age, unless the parent chosen is unfit.”
CLAVANO and MARIA CLARA CLAVANO, respondents.
Same;  Same; Parental authority and responsibility are inalienable and may not be
Remedial Law; Actions; Jurisdiction; The established rule is that the statute in force at transferred or renounced except in cases authorized by law.—Parental authority and responsibility
the time of the commencement of the action determines the jurisdiction of the court.—Jurisdiction are inalienable and may not be transferred or renounced except in cases authorized by law. The
being a matter of substantive law, the established rule is that the statute in force at the time of the right attached to parental authority, being purely personal, the law allows a waiver of parental
commencement of the action determines the jurisdiction of the court. As such, when private authority only in cases of adoption, guardianship and surrender to a children’s home or an orphan
respondents filed the petition for adoption on September 25, 1987, the applicable law was the Child institution. When a parent entrusts the custody of a minor to another, such as a friend or godfather,
and Youth Welfare Code, as amended by Executive Order No. 91. even in a document, what is given is merely temporary custody and it does not constitute a
renunciation of parental authority. Even if a definite renunciation is manifest, the law still disallows
the same.
Civil Law; Adoption; The written consent of the natural parent to the adoption has
remained a requisite for its validity.—It is thus evident that notwithstanding the amendments to the
law, the written consent of the natural parent to the adoption has remained a requisite for its Same;  Divorce; A divorce obtained by Filipino citizens after the effectivity of the Civil
validity. Code is not recognized in this jurisdiction as it is contrary to State policy. —As regards the divorce
obtained in the United States, this Court has ruled in Tenchavez v. Escaño that a divorce obtained by
Filipino citizens after the effectivity of the Civil Code is not recognized in this jurisdiction as it is
Same; Same; Article 256 of the Family Code provides for its retroactivity “insofar as it contrary to State policy. While petitioner is now an American citizen, as regards Anna Marie who
does not prejudice or impair vested or ac- has apparently remained a Filipino citizen, the divorce has no legal effect.
_____________

Remedial Law; Appeals;  Although the Court is not a trier of facts, it has the authority to
 THIRD DIVISION.
review and reverse the factual findings of
*

132
129

1 SUPREME COURT REPORTS

VOL. 296, SEPTEMBER 25, 1998
32 ANNOTATED
29
Cang vs. Court of Appeals
Cang vs. Court of Appeals the lower courts if it finds that these do not conform to the evidence on record. —As a
quired rights in accordance with the Civil Code or other laws.” —During the pendency of rule, factual findings of the lower courts are final and binding upon this Court. This Court is not
the petition for adoption or on August 3, 1988, the Family Code which amended the Child and expected nor required to examine or contrast the oral and documentary evidence submitted by the
Youth Welfare Code took effect. Article 256 of the Family Code provides for its retroactivity parties. However, although this Court is not a trier of facts, it has the authority to review and reverse
“insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil the factual findings of the lower courts if it finds that these do not conform to the evidence on
Code or other laws.” As amended by the Family Code, the statutory provision on consent for record.
adoption now reads: “Art. 188. The written consent of the following to the adoption shall be
necessary: (1) The person to be adopted, if ten years of age or over; (2) The parents by nature of the
Same;  Same; Exceptions to the rule that factual findings of the trial court are final and
child, the legal guardian, or the proper government instrumentality; (3) The legitimate and adopted
conclusive and may not be reviewed on appeal.—In Reyes v. Court of Appeals, this Court has held
children, ten years of age or over, of the adopting parent or parents; (4) The illegitimate children,
that the exceptions to the rule that factual findings of the trial court are final and conclusive and
ten years of age or over, of the adopting parents, if living with said parent and the latter’s spouse, if
may not be reviewed on appeal are the following: (1) when the inference made is manifestly
any; and (5) The spouse, if any, of the person adopting or to be adopted.” (Italics supplied)
mistaken, absurd or impossible; (2) when there is a grave abuse of discretion; (3) when the finding
is grounded entirely on speculations, surmises or conjectures; (4) when the judgment of the Court of
Same; Same; The requirement of written consent can be dispensed with if the parent has Appeals is based on misapprehension of facts; (5) when the findings of fact are conflicting; (6)
abandoned the child.—As clearly inferred from the foregoing provisions of law, the written consent when the Court of Appeals, in making its findings, went beyond the issues of the case and the same
of the natural parent is indispensable for the validity of the decree of adoption. Nevertheless, the is contrary to the admissions of both appellant and appellee; (7) when the findings of the Court of
requirement of written consent can be dispensed with if the parent has abandoned the child or that Appeals are contrary to those of the trial court; (8) when the findings of fact are conclusions without
such parent is “insane or hopelessly intemperate.” The court may acquire jurisdiction over the case citation of specific evidence on which they are based; (9) when the Court of Appeals manifestly
even without the written consent of the parents or one of the parents provided that the petition for overlooked certain relevant facts not disputed by the parties and which, if properly considered,
adoption alleges facts sufficient to warrant exemption from compliance therewith. This is in would justify a different conclusion and (10) when the findings of fact of the Court of Appeals are
consonance with the liberality with which this Court treats the procedural aspect of adoption. premised on the absence of evidence and are contradicted by the evidence on record.

Same; Same; Allegations of abandonment in the petition for adoption, even absent the

PETITION for review on certiorari of a decision of the Court of Appeals.
written consent of petitioner, sufficiently vested the lower court with jurisdiction.—The allegations
of abandonment in the petition for adoption, even absent the written consent of petitioner,
sufficiently vested the lower court with jurisdiction since abandonment of the child by his natural The facts are stated in the opinion of the Court.
parents is one of the circumstances under which our statutes and jurisprudence dispense with the
requirement of written consent to the adoption of their minor children.
     Rosello & Fernandez Law Office for petitioner.
     De Borja, Medialdea, Ata, Bello, Guevarra & Serapio for private
respondents.
Same; Same; The issue of abandonment by the oppositor natural parent is a preliminary 133
issue that an adoption court must first
130
VOL. 296, SEPTEMBER 25, 1998 133
Cang vs. Court of Appeals
1 SUPREME COURT REPORTS
30 ANNOTATED ROMERO, J.:
Cang vs. Court of Appeals
confront.—In cases where the father opposes the adoption primarily because his consent Can minor children be legally adopted without the written consent of a natural parent
thereto was not sought, the matter of whether he had abandoned his child becomes a proper issue on the ground that the latter has abandoned them? The answer to this interesting
for determination. The issue of abandonment by the oppositor natural parent is a preliminary issue query, certainly not one of first impression, would have to be reached, not solely on
that an adoption court must first confront. Only upon failure of the oppositor natural father to prove the basis of law and jurisprudence, but also the hard reality presented by the facts of
to the satisfaction of the court that he did not abandon his child may the petition for adoption be
considered on its merits. the case.
This is the question posed before this Court in this petition for review on
certiorari of the Decision  of the Court of Appeals affirming the decree of adoption
Same; Same; Meaning of Abandonment.—In its ordinary sense, the word “abandon”
1

means to forsake entirely, to forsake or renounce utterly. The dictionaries trace this word to the root issued by the Regional Trial Court of Cebu City, Branch 14,  in Special Proceedings 2

idea of “putting under a ban.” The emphasis is on the finality and publicity with which a thing or No. 1744-CEB, “In the Matter of the Petition for Adoption of the minors Keith,
body is thus put in the control of another, hence, the meaning of giving up absolutely, with intent Charmaine and Joseph Anthony, all surnamed Cang, Spouses Ronald V. Clavano
never to resume or claim one’s rights or interests. In reference to abandonment of a child by his and Maria Clara Diago Clavano, petitioners.”
parent, the act of abandonment imports “any conduct of the parent which evinces a settled purpose Petitioner Herbert Cang and Anna Marie Clavano who were married on January
to forego all parental duties and relinquish all parental claims to the child.” It means “neglect or
27, 1973, begot three children, namely: Keith, born on July 3, 1973; Charmaine, born
refusal to perform the natural and legal obligations of care and support which parents owe their
children.” on January 23, 1977, and Joseph Anthony, born on January 3, 1981.
During the early years of their marriage, the Cang couple’s relationship was
Same; Same; Same; Physical estrangement alone, without financial and moral desertion,
undisturbed. Not long thereafter, however, Anna Marie learned of her husband’s
is not tantamount to abandonment.—In the instant case, records disclose that petitioner’s conduct alleged extramarital affair with Wilma Soco, a family friend of the Clavanos.
did not manifest a settled purpose to forego all parental duties and relinquish all parental claims Upon learning of her husband’s alleged illicit liaison, Anna Marie filed a
over his children as to constitute abandonment. Physical estrangement alone, without financial and petition for legal separation with alimony pendente lite  with the then Juvenile and
3

moral desertion, is not tantamount to abandonment. While admittedly, petitioner was physically Domestic Relations Court of Cebu  which rendered a decision  approving the joint
4 5

absent as he was then in the United States, he was not remiss in his natural and legal obligations of ___________
love, care and support for his children. He maintained regular communication with his wife and
children through letters and telephone. He used to send packages by mail and catered to their
 Penned by Associate Justice Serafin E. Camilon and concurred in by Associate Justices Celso L. Magsino and
whims. 1

Artemon D. Luna.
 Presided by Judge Renato C. Dacudao.
2

Same; Same; Parental authority cannot be entrusted to a person simply because he could  Docketed as Civil Case No. JD-707.
3

 Presided by Judge Maura C. Navarro.

give the child a larger measure of material comfort than his natural parent. —In a number of cases,
4

 Original Records, pp. 39-40.

5

this Court has held that parental authority cannot be entrusted to a person simply because he could
give the child a larger measure of material comfort than his natural parent. Thus, in  David v. Court
of Appeals, the Court awarded custody of a minor illegitimate child to his 134
131
134 SUPREME COURT REPORTS ANNOTATED

VOL. 296, SEPTEMBER 25, 1998 Cang vs. Court of Appeals

manifestation of the Cang spouses providing that they agreed to “live separately and
31 apart or from bed and board.” They further agreed:

Cang vs. Court of Appeals

mother who was a mere secretary and market vendor instead of to his affluent father who 1. “(c)That the children of the parties shall be entitled to a monthly support of ONE
was a married man, not solely because the child opted to go with his mother. THOUSAND PESOS (P1,000.00) effective from the date of the filing of the
complaint. This shall constitute a first lien on the net proceeds of the house and lot
jointly owned by the parties situated at Cinco Village, Mandaue City;
Same; Same; In awarding custody, the court shall take into account “all relevant
considerations, especially the choice of the child over seven years of age, unless the parent chosen 2. (d)That the plaintiff shall be entitled to enter into any contract or agreement with any
is unfit.”—The transfer of custody over the children to Anna Marie by virtue of the decree of legal person or persons, natural or juridical without the written consent of the husband;
separation did not, of necessity, deprive petitioner of parental authority for the purpose of placing or any undertaking or acts that ordinarily requires husband’s consent as the parties
the children up for adoption. Article 213 of the Family Code states: “. . . in case of legal separation are by this agreement legally separated” ; 6
Petitioner then left for the United States where he sought a divorce from Anna Marie 1. (1)Petitioner was “morally unfit to be the father of his children” on account of his
before the Second Judicial District Court of the State of Nevada. Said court issued the being “an improvident father of his family” and an “undisguised Lothario.” This
conclusion is based on the testimony of his alleged paramour, mother of his two
divorce decree that also granted sole custody of the three minor children to Anna
sons and close friend of Anna Marie, Wilma Soco, who said that she and
Marie, reserving “rights of visitation at all reasonable times and places” to petitioner. 7

petitioner lived as husband and wife in the very house of the Cangs in Opao,
Thereafter, petitioner took an American wife and thus became a naturalized Mandaue City.
American citizen. In 1986, he divorced his American wife and never remarried. 2. (2)The alleged deposits of around $10,000 that were of “comparatively recent dates”
While in the United States, petitioner worked in Tablante Medical Clinic were “attempts at verisimilitude” as these were joint deposits the authenticity of
earning P18,000.00 to P20,000.00 a month  a portion of which was remitted to the
8
which could not be verified.
3. (3)Contrary to petitioner’s claim, the possibility of his reconciliation with Anna
Philippines for his children’s expenses and another, deposited in the bank in the name
Marie was “dim if not nil” because it was petitioner who “devised, engineered and
of his children. executed the divorce proceedings at the Nevada Washoe County court.”
Meanwhile, on September 25, 1987, private respondents Ronald V. Clavano and 4. (4)By his naturalization as a U.S. citizen, petitioner “is now an alien from the
Maria Clara Diago Clavano, respectively the brother and sister-in-law of Anna Marie, standpoint of Philippine laws” and therefore, how his “new attachments and
filed Special Proceedings No. 1744-CEB for the adoption of the three minor Cang loyalties would sit with his (Filipino) children is an open question.”
children before the Regional Trial Court of Cebu.
__________
Quoting with approval the evaluation and recommendation of the RTC Social Worker
6
 Exh. H-2.
in her Child Study Report, the lower court concluded as follows:
7
 Original Records, pp. 5-7. “Simply put, the oppositor Herbert Cang has abandoned his children. And abandonment of a child
8
 RTC Decision, p. 3. by its (sic) parent is commonly specified by statute as a ground for dispensing with his consent to its
(sic) adoption (Re Cozza, 163 Cal. 514 P. 161, Ann. [As. 1914A, 214]). Indeed, in such case,
135
adoption will be allowed not only without the consent of the parent, but even against his
opposition (Re McKeag, 141 Cal. 403, 74 P. 1039, 99 Am. St. Rep. 80; Re Camp. 131 Cal. 469, 63
VOL. 296, SEPTEMBER 25, 1998 135 P. 736, 82 Am. St. Rep. 371; Graham v. Francis, 83 Colo. 346, 265 P. 690, citing R.C.L.; Seibert,
170 Iowa 561, 153 N.W.
Cang vs. Court of Appeals
138
The petition bears the signature of then 14-year-old Keith signifying consent to his
adoption. Anna Marie likewise filed an affidavit of consent alleging that her husband 138 SUPREME COURT REPORTS ANNOTATED
had “evaded his legal obligation to support” his children; that her brothers and sisters
including Ronald V. Clavano, had been helping her in taking care of the children; that Cang vs. Court of Appeals
because she would be going to the United States to attend to a family business, 160, citing R.C.L.; Stearns v. Allen, 183 Mass. 404, 67 N.E. 349; 97 Am. St. Rep. 441; Wilson v.
“leaving the children would be a problem and would naturally hamper (her) job- Otis, 71 N.H. 483, 53 A. 439, 93 Am. St. Rep. 564; Nugent v. Powell, 4 Wyo. 173, 33 P. 23, 20
seeking venture abroad”; and that her husband had “long forfeited his parental rights” L.R.A. 199, 62 Am. St. Rep. 17.)” 9

over the children for the following reasons:

Before the Court of Appeals, petitioner contended that the lower court erred in
holding that it would be in the best interest of the three children if they were adopted
1. 1.The decision in Civil Case No. JD-707 allowed her to enter into any contract
without the written consent of her husband;
by private respondents Ronald and Maria Clara Clavano. He asserted that the petition
2. 2.Her husband had left the Philippines to be an illegal alien in the United States and for adoption was fatally defective and tailored to divest him of parental authority
had been transferring from one place to another to avoid detection by Immigration because: (a) he did not have a written consent to the adoption; (b) he never
authorities; and abandoned his children; (c) Keith and Charmaine did not properly give their written
3. 3.Her husband had divorced her. consent; and (d) the petitioners for adoption did not present as witness the
representative of the Department of Social Welfare and Development who made the
case study report required by law.
Upon learning of the petition for adoption, petitioner immediately returned to the The Court of Appeals affirmed the decree of adoption stating:
Philippines and filed an opposition thereto, alleging that, although private “Article 188 of the Family Code requires the written consent of the natural parents of the child to be
respondents Ronald and Maria Clara Clavano were financially capable of supporting adopted. It has been held however that the consent of the parent who has abandoned the child is not
the children while his finances were “too meager” compared to theirs, he could not necessary (Dayrit vs. Piccio, 92 Phil. 729; Santos vs. Ananzanso, 16 SCRA 344). The question
“in conscience, allow anybody to strip him of his parental authority over his beloved therefore is whether or not oppositor may be considered as having abandoned the children. In
children.” adoption cases, abandonment connotes any conduct on the part of the parent to forego parental
duties and relinquish parental claims to the child, or the neglect or refusal to perform the natural and
Pending resolution of the petition for adoption, petitioner moved to reacquire
legal obligations which parents owe their children (Santos vs. Ananzanso, supra), or the
custody over his children alleging that Anna Marie had transferred to the United withholding of the parent’s presence, his care and the opportunity to display voluntary affection.
States thereby leaving custody of their children to private respondents. On January The issue of abandonment is amply covered by the discussion of the first error.
11, 1988, the Regional Trial Court of Cebu City, Branch 19, issued an order finding Oppositor argues that he has been sending dollar remittances to the children and has in fact
that Anna Marie had, in effect, relinquished custody over the children and, therefore, even maintained bank accounts in their names. His duty to provide support comes from two judicial
such custody should be transferred to the father. The court then directed the Clavanos pronouncements. The first, the decision in JD-707 CEB, supra, obliges him to pay the children
P1,000.00 a month. The second is
to deliver custody over the minors to petitioner. ___________
136

136 SUPREME COURT REPORTS ANNOTATED 9

 RTC Decision, pp. 7-8.

Cang vs. Court of Appeals 139

On March 27, 1990, the Regional Trial Court of Cebu City, Branch 14, issued a
VOL. 296, SEPTEMBER 25, 1998 139
decree of adoption with a dispositive portion reading as follows:
“WHEREFORE, premises considered, the petition for adoption of the minors Keith, Charmaine and
Joseph Anthony all surnamed Cang, by the petitioners-spouses Ronald V. Clavano and Maria Clara
Cang vs. Court of Appeals
Diago Clavano is hereby granted and approved. These children shall henceforth be known and mandated by the divorce decree of the Nevada, U.S.A. Federal Court which orders him to pay
called as Keith D. Clavano, Charmaine D. Clavano and Joseph Anthony D. Clavano respectively. monthly support of US$50.00 for each child. Oppositor has not submitted any evidence to show
Moreover, this Decree of Adoption shall: compliance with the decision in JD-101 CEB, but he has submitted 22 cancelled dollar checks
(Exhs. 24 to 45) drawn in the children’s names totalling $2,126.98. The last remittance was on
October 6, 1987 (Exh. 45). His obligation to provide support commenced under the divorce decree
1. (1)Confer upon the adopted children the same rights and duties as though they were on May 5, 1982 so that as of October 6, 1987, oppositor should have made 53 remittances of
in fact the legitimate children of the petitioners; $150.00, or a total of $7,950.00. No other remittances were shown to have been made after October
2. (2)Dissolve the authority vested in the parents by nature, of the children; and, 6, 1987, so that as of this date, oppositor was woefully in arrears under the terms of the divorce
3. (3)Vest the same authority in the petitioners. decree. And since he was totally in default of the judgment in JD-707 CEB, the inevitable
conclusion is oppositor had not really been performing his duties as a father, contrary to his
protestations.
Furnish the Local Civil Registrar of Cebu City, Philippines with a copy of this Decree of True, it has been shown that oppositor had opened three accounts in different banks, as
Adoption for registration purposes. follows—
SO ORDERED.”

In so ruling, the lower court was “impelled” by these reasons: Acct. No. Date Opened Balance Name of Bank
1 118- July 23,1985 $5,018.50 Great Western Savings, Daly
1. (1)The Cang children had, since birth, developed “close filial ties with the Clavano
family, especially their maternal uncle,” petitioner Ronald Clavano. ) 606437-4 Oct. 29, 1987 City, Cal., U.S.A.
2. (2)Ronald and Maria Clara Clavano were childless and, with their printing press, real
estate business, export business and gasoline station and mini-mart in Rosemead, 2 73-166-8 March 5, 3,129.00 Matewan National Bank of
California, U.S.A., had substantial assets and income.
3. (3)The natural mother of the children, Anna Marie, nicknamed “Menchu,” approved ) 1986 Williamson, West Virginia,
of the adoption because of her heart ailment, near-fatal accident in 1981, and the
fact that she could not provide them a secure and happy future as she “travels a Oct. 29, 1987 U.S.A.
lot.”
4. (4)The Clavanos could provide the children moral and spiritual direction as they
would go to church together and had sent the children to Catholic schools.
3 564- December 31, 2,622.19 Security Pacific National Bank,
5. (5)The children themselves manifested their desire to be adopted by the Clavanos—
Keith had testified and expressed the
) 146883 1986 Daly City, Cal., U.S.A.
Oct. 29, 1987
137 The first and third accounts were opened however in oppositor’s name as trustee for Charmaine
Cang and Joseph Anthony Cang, respectively. In other words, the accounts are operated and the
VOL. 296, SEPTEMBER 25, 1998 137 amounts withdrawable by oppositor himself and it cannot be said that they belong to the minors.
The second is an ‘or’ account, in the names of Herbert Cang or Keith Cang. Since Keith is a minor
Cang vs. Court of Appeals and in the Philippines, said account is operable only by oppositor and the funds withdrawable by
him alone.
The bank accounts do not really serve what oppositor claimed in his offer of evidence ‘the
aim and purpose of providing for a better future and security of his family.’ ”
1. wish to be adopted by the Clavanos while the two younger ones were
10

observed by the court to have “snuggled” close to Ronald even though

____________
their natural mother was around.
 CA Decision, pp. 16-17. Penned by Justices Serafin E. Camilon, Celso L. Magsino and Artemon D. Luna, JJ.,
10

concurring.
On the other hand, the lower court considered the opposition of petitioner to rest on
“a very shaky foundation” because of its findings that:
140

140 SUPREME COURT REPORTS ANNOTATED

 Cang vs. Court of Appeals VOL. 296, SEPTEMBER 25, 1998 143
Petitioner moved to reconsider the decision of the Court of Appeals. He emphasized
that the decree of legal separation was not based on the merits of the case as it was Cang vs. Court of Appeals
based on a manifestation amounting to a compromise agreement between him and sons; but if the child is illegitimate and has not been recognized, the consent of its father to the
adoption shall not be required.” (Italics supplied)
Anna Marie. That he and his wife agreed upon the plan for him to leave for the
United States was borne out by the fact that prior to his departure to the United
States, the family lived with petitioner’s parents. Moreover, he alone did not instigate As clearly inferred from the foregoing provisions of law, the written consent of the
the divorce proceedings as he and his wife initiated the “joint complaint” for divorce. natural parent is indispensable for the validity of the decree of adoption.
Petitioner argued that the finding that he was not fit to rear and care for his Nevertheless, the requirement of written consent can be dispensed with if the parent
children was belied by the award to him of custody over the children in Civil Case has abandoned the child  or that such parent is “insane or hopelessly intemperate.”
13

No. JD-707. He took exception to the appellate court’s findings that as an American The court may acquire jurisdiction over the case even without the written consent of
citizen he could no longer lay claim to custody over his children because his the parents or one of the parents provided that the petition for adoption alleges facts
citizenship would not take away the fact that he “is still a father to his children.” As sufficient to warrant exemption from compliance therewith. This is in consonance
regards his alleged illicit relationship with another woman, he had always denied the with the liberality with which this Court treats the procedural aspect of adoption.
same both in Civil Case No. JD-707 and the instant adoption case. Neither was it true Thus, the Court declared:
“x x x. The technical rules of pleading should not be stringently applied to adoption proceedings,
that Wilma Soco was a neighbor and family friend of the Clavanos as she was
and it is deemed more important that the petition should contain facts relating to the child and its
residing in Mandaue City seven (7) kilometers away from the Clavanos who were parents, which may give information to those interested, than that it should be formally correct as a
residents of Cebu City. Petitioner insisted that the testimony of Wilma Soco should pleading. Accordingly, it is generally held that a petition will confer jurisdiction if it substantially
not have been given weight for it was only during the hearing of the petition for complies with the adoption statute, alleging all facts necessary to give the court jurisdiction.” 14

adoption that Jose Clavano, a brother of Ronald, came to know her and went to her
residence in Iligan City to convince her to be a witness for monetary considerations. In the instant case, only the affidavit of consent of the natural mother was attached to
Lastly, petitioner averred that it would be hypocritical of the Clavanos to claim that the petition for adoption. Petitioner’s consent, as the natural father is lacking.
they could love the children much more than he could. 11

Nonetheless, the petition sufficiently alleged the fact of abandonment of the minors
His motion for reconsideration having been denied, petitioner is now before this for adoption by the natural father as follows:
Court, alleging that the petition for adoption was fatally defective as it did not have “3. That the children’s mother, sister of petitioner RONALD V. CLAVANO, has given her express
his written consent as a natural father as required by Article 31 (2) of Presidential consent to this adoption, as
___________
Decree No. 603, the Child and Youth Welfare Code, and Article 188(2) of the Family
Code.
___________  AQUINO, CIVIL CODE, Vol. I, 1990 ed., p. 299 citing Santos v. Aranzanso, 123 Phil. 160, 167 (1966).
13

 Republic v. Court of Appeals and Bobiles, supra, at p. 365.

14

11
 Record of CA-G.R. CV No. 27108, pp. 46-53. 144

141 144 SUPREME COURT REPORTS ANNOTATED

VOL. 296, SEPTEMBER 25, 1998 141 Cang vs. Court of Appeals
shown by Affidavit of Consent, Annex ‘A.’ Likewise, the written consent of Keith Cang, now 14
Cang vs. Court of Appeals years of age appears on page 2 of this petition; However, the father of the children, Herbert Cang,
Article 31 of P.D. No. 603 provides— had already left his wife and children and had already divorced the former, as evidenced by the
“ART. 31. Whose Consent is Necessary.—The written consent of the following to the adoption shall xerox copy of the DECREE OF DIVORCE issued by the County of Washoe, State of Nevada,
be necessary: U.S.A. (Annex ‘B’) which was filed at the instance of Mr. Cang, not long after he abandoned his
family to live in the United States as an illegal immigrant.” 15

1. (1)The person to be adopted, if fourteen years of age or over; The allegations of abandonment in the petition for adoption, even absent the written
2. (2)The natural parents of the child or his legal guardian of the Department of Social
Welfare or any duly licensed child placement agency under whose care the child
consent of petitioner, sufficiently vested the lower court with jurisdiction since
may be; abandonment of the child by his natural parents is one of the circumstances under
3. (3)The natural children, fourteen years and above, of the adopting parents.” (Italics which our statutes and jurisprudence  dispense with the requirement of written
16

supplied) consent to the adoption of their minor children.

However, in cases where the father opposes the adoption primarily because his
consent thereto was not sought, the matter of whether he had abandoned his child
On December 17, 1986, then President Corazon C. Aquino issued Executive Order becomes a proper issue for determination. The issue of abandonment by the oppositor
No. 91 amending Articles 27, 28, 29, 31, 33 and 35 of the Child and Youth Welfare natural parent is a preliminary issue that an adoption court must first confront. Only
Code. As thus amended, Article 31 read: upon failure of the oppositor natural father to prove to the satisfaction of the court
“ART. 31. Whose Consent is Necessary.—The written consent of the following to the adoption shall
be necessary:
that he did not abandon his child may the petition for adoption be considered on its
merits.
As a rule, factual findings of the lower courts are final and binding upon this
1. (1)The person to be adopted, if fourteen years of age or over; Court.  This Court is not expected nor required to examine or contrast the oral and
17

2. (2)The natural parents of the child or his legal guardian after receiving counselling documentary evidence submitted by the parties.  However, although this Court is not
18

and appropriate social services from the Ministry of Social Services and a trier of facts, it has the authority to review and
Development or from a duly licensed child-placement agency; ____________
3. (3)The Ministry of Social Services and Development or any duly licensed child-
placement agency under whose care and legal custody the child may be;
4. (4)The natural children, fourteen years and above, of the adopting parents.” (Italics  Exh. A.
15

 Duncan v. CFI of Rizal, L-30576, February 10, 1976, 69 SCRA 298; Santos v. Aranzanso, supra.

supplied)
16

 Del Mundo v. Court of Appeals, 322 Phil. 463, 471 (1996).

17

 Imperial v. Court of Appeals, G.R. No. 102037, July 17, 1996, 259 SCRA 65, 71.
18

Jurisdiction being a matter of substantive law, the established rule is that the statute in 145
force at the time of the commencement of the action determines the jurisdiction of the
court.  As such, when private respondents filed the petition for adoption on September
12

VOL. 296, SEPTEMBER 25, 1998 145

25, 1987, the applicable law was
___________ Cang vs. Court of Appeals
reverse the factual findings of the lower courts if it finds that these do not conform to
12
 Republic v. Court of Appeals and Bobiles, G.R. No. 92326, January 24, 1992, 205 SCRA 356, 362. the evidence on record. 19

In Reyes v. Court of Appeals,  this Court has held that the exceptions to the rule
20

142 that factual findings of the trial court are final and conclusive and may not be
reviewed on appeal are the following: (1) when the inference made is manifestly
142 SUPREME COURT REPORTS ANNOTATED mistaken, absurd or impossible; (2) when there is a grave abuse of discretion; (3)
when the finding is grounded entirely on speculations, surmises or conjectures; (4)
Cang vs. Court of Appeals
when the judgment of the Court of Appeals is based on misapprehension of facts; (5)
the Child and Youth Welfare Code, as amended by Executive Order No. 91. when the findings of fact are conflicting; (6) when the Court of Appeals, in making
During the pendency of the petition for adoption or on August 3, 1988, the its findings, went beyond the issues of the case and the same is contrary to the
Family Code which amended the Child and Youth Welfare Code took effect. Article admissions of both appellant and appellee; (7) when the findings of the Court of
256 of the Family Code provides for its retroactivity “insofar as it does not prejudice Appeals are contrary to those of the trial court; (8) when the findings of fact are
or impair vested or acquired rights in accordance with the Civil Code or other laws.” conclusions without citation of specific evidence on which they are based; (9) when
As amended by the Family Code, the statutory provision on consent for adoption now the Court of Appeals manifestly overlooked certain relevant facts not disputed by the
reads: parties and which, if properly considered, would justify a different conclusion and
“Art. 188. The written consent of the following to the adoption shall be necessary:
(10) when the findings of fact of the Court of Appeals are premised on the absence of
evidence and are contradicted by the evidence on record.
1. (1)The person to be adopted, if ten years of age or over; This Court finds that both the lower court and the Court of Appeals failed to
2. (2)The parents by nature of the child, the legal guardian, or the proper government appreciate facts and circumstances that should have elicited a different conclusion  on 21

instrumentality; the issue of whether petitioner has so abandoned his children, thereby making his
3. (3)The legitimate and adopted children, ten years of age or over, of the adopting consent to the adoption unnecessary.
parent or parents;
4. (4)The illegitimate children, ten years of age or over, of the adopting parents, if In its ordinary sense, the word “abandon” means to forsake entirely, to forsake
living with said parent and the latter’s spouse, if any; and or renounce utterly. The dictionaries trace this word to the root idea of “putting under
5. (5)The spouse, if any, of the person adopting or to be adopted.” (Italics supplied) a ban.” The em-
___________

Based on the foregoing, it is thus evident that notwithstanding the amendments to the  Philippine National Bank v. Court of Appeals, L-43972, July 24, 1990, 187 SCRA 735, 739 citing Ongsiako v.
19

law, the written consent of the natural parent to the adoption has remained a requisite Intermediate Appellate Court, G.R. No. 69901, July 31, 1987, 152 SCRA 627.
 258 SCRA 651 [1996].
for its validity. Notably, such requirement is also embodied in Rule 99 of the Rules of
20

 P.M. Pastera Brokerage v. Court of Appeals, G.R. No. 113657, January 20, 1997, 266 SCRA 365, 371.
21

Court as follows:
“SEC. 3. Consent to adoption.—There shall be filed with the petition a written consent to the
146
adoption signed by the child, if fourteen years of age or over and not incompetent, and by the
child’s spouse, if any, and by each of its known living parents who is not insane or hopelessly
intemperate or has not abandoned the child, or if there are no such parents by the general guardian
146 SUPREME COURT REPORTS ANNOTATED
or guardian ad litem of the child, or if the child is in the custody of an orphan asylum, children’s
home, or benevolent society or person, by the proper officer or officers of such asylum, home, or Cang vs. Court of Appeals
society, or by such per- phasis is on the finality and publicity with which a thing or body is thus put in the
control of another, hence, the meaning of giving up absolutely, with intent never to
143 resume or claim one’s rights or interests.  In reference to abandonment of a child by
22
his parent, the act of abandonment imports “any conduct of the parent which evinces 1. he had seen him on the betamax machine. For Keith, Charmaine had become
a settled purpose to forego all parental duties and relinquish all parental claims to the “very maldita” who was not always satisfied with her dolls and things but Joeton
was full of surprises. He ended the letter with “Love your son, Keith.” The letter
child.” It means “neglect or refusal to perform the natural and legal obligations of
was mailed on February 6, 1985 (Exh. 5-D).
care and support which parents owe their children.” 23

2. 6.Exh. 6—an undated letter of Charmaine. She thanked petitioner for the bathing
In the instant case, records disclose that petitioner’s conduct did not manifest a suit, key chain, pencil box, socks, half shirt, pencil sharpener and $50.00. She
settled purpose to forego all parental duties and relinquish all parental claims over his reminded him of her birthday on January 23 when she would turn 9 years old. She
children as to constitute abandonment. Physical estrangement alone, informed him that she wore size 10 and the size of her feet was IM. They had fun
without financial and moral desertion, is not tantamount to abandonment.  While 24
at Christmas in Lahug but classes would start on January 9 although Keith’s
classes had started on January 6. They would feel sad again because Mommy
admittedly, petitioner was physically absent as he was then in the United States, he
would be leaving soon. She hoped petitioner would keep writing them. She signed,
was not remiss in his natural and legal obligations of love, care and support for his “Love, Charmaine.”
children. He maintained regular communication with his wife and children through 3. 7.Exh. 7—an undated letter of Keith. He explained to petitioner that they had not
letters and telephone. He used to send packages by mail and catered to their whims. been remiss in writing letters to him. He informed him of their trip to Manila—
Petitioner’s testimony on the matter is supported by documentary evidence they went to Malacañang, Tito Doy Laurel’s house, the Ministry of Foreign
consisting of the following handwritten letters to him of both his wife and children: Affairs, the executive house, Tagaytay for three days and Baguio for one week. He
informed him that he got “honors,” Charmaine was 7th in her class and Joeton had
excellent grades. Joeton would be enrolled in Sacred Heart soon and he was glad
1. 1.Exh. 1—a 4-page undated letter of Menchu (Anna Marie) addressed to “Dear Bert” they would be together in that school. He asked for his “reward” from petitioner
on a C. Westates Carbon Phil. Corp. stationery. Menchu stated therein that it had and so with Charmaine and Joeton. He asked for a motorbike and dollars that he
been “a long time since the last time you’ve heard from me excluding that of the could save. He told petitioner that he was saving the money he had been sending
phone conversation we’ve had.” She discussed petitioner’s intention to buy a them. He said he missed petitioner and wished him the best. He added that
motorbike for Keith, expressing apprehension over risks that could be engendered petitioner should call them on Sundays.
by Keith’s use of it. She said that in the “last phone conversation” she had with 4. 8.Exh. 8—a letter from Joeton and Charmaine but apparently written by the latter.
petitioner on the birthday of “Ma,” she forgot to tell petitioner that Keith’s voice She asked for money from petitioner to buy something for the school and
had changed; he had be- “something else.” She promised not to spend so much and to save some. She said
she loved petitioner and missed him. Joeton said “hi!” to petitioner. After ending
the letter with “Love, Joeton and Charmaine,” she asked for her prize for her
___________ grades as she got seventh place.
5. 9.Exh. 9—undated letter of Keith. He assured petitioner that he had been writing
him; that he would like to have some money but he would save them; that he
 De la Cruz v. De la Cruz, 130 Phil. 324 (1968).
22
learned that petitioner had called them up but he was not around; that he would be
 Duncan v. CFI of Rizal, supra at p. 304; Santos v. Aranzanso, supra at p. 168.
23

going to Manila but would be back home May 3; that his Mommy had just arrived
 De la Cruz v. De la Cruz, supra.
Thursday afternoon, and that he would be the “official altar boy.” He asked
24

petitioner to write them soon.

147

VOL. 296, SEPTEMBER 25, 1998 147 150

Cang vs. Court of Appeals 150 SUPREME COURT REPORTS ANNOTATED

Cang vs. Court of Appeals
1. come a “bagito” or a teen-ager with many “fans” who sent him Valentine’s cards.
She told him how Charmaine had become quite a talkative “almost  dalaga” who
could carry on a conversation with her angkong and how pretty she was in white 1. 10.Exh. 10—Keith thanked petitioner for the money he sent. He told petitioner that
dress when she won among the candidates in the Flores de Mayo after she had he was saving some in the bank and he was proud because he was the only one in
prayed so hard for it. She informed him, however, that she was worried because his group who saved in the bank. He told him that Joeton had become naughty and
Charmaine was vain and wont to extravagance as she loved clothes. About Joeton would claim as his own the shirts sent to Keith by petitioner. He advised petitioner
(Joseph Anthony), she told petitioner that the boy was smart for his age and “quite to send pants and shirts to Joeton, too, and asked for a pair of topsider shoes and
spoiled” being the youngest of the children in Lahug. Joeton was mischievous but candies. He informed petitioner that he was a member of the basketball team and
Keith was his idol with whom he would sleep anytime. She admitted having said that his mom would drive for his group. He asked him to call them often like the
so much about the children because they might not have informed petitioner of father of Ana Christie and to write them when he would call so that they could
“some happenings and spices of life” about themselves. She said that it was “just wait for it. He informed petitioner that they had all grown bigger and heavier. He
very exciting to know how they’ve grown up and very pleasant, too, that each of hoped petitioner would be happy with the letter that had taken him so long to write
them have (sic) different characters.” She ended the letter with the hope that because he did not want to commit any mistakes. He asked petitioner to buy him
petitioner was “at the best of health.” After extending her regards “to all,” she perfume (Drakkar) and, after thanking petitioner, added that the latter should buy
signed her name after the word “Love.” This letter was mailed on July 9, 1986 something for Mommy.
from Cebu to petitioner whose address was P.O. Box 2445, Williamson, West 2. 11.Exh. 11—a Christmas card “For My Wonderful Father” dated October 8, 1984
Virginia 25661 (Exh. 1-D). from Keith, Charmaine and Joeton.
2. 2.Exh. 2—letter dated 11/13/84 on a green stationery with golden print of “a note 3. 12.Exh. 12—another Christmas card, “Our Wish For You” with the year ‘83 written
from Menchu” on the left upper corner. Anna Marie stated that “we” wrote to on the upper right hand corner of the inside page, from Keith, Charmaine and
petitioner on Oct. 2, 1984 and that Keith and Joeton were very excited when Joeton.
petitioner “called up last time.” She told him how Joeton would grab the phone 4. 13.Exh. 13—a letter of Keith telling petitioner that he had written him even when
from Keith just so petitioner would know what he wanted to order. Charmaine, their Mom “was there” where she bought them clothes and shoes. Keith asked
who was asleep, was so disappointed that she missed petitioner’s call because she petitioner for $300.00. Because his mother would not agree to buy him a
also wanted something that petitioner should buy. Menchu told petitioner that motorbike, he wanted a Karaoke unit that would cost P12,000.00. He informed
Charmaine wanted a pencil sharpener, light-colored T-shirts for her walking shorts petitioner that he would go to an afternoon disco with friends but their grades were
and a (k)nap sack. Anna Marie informed petitioner that the kids were growing up all good with Joeton receiving “stars” for excellence. Keith wanted a bow and
and so were their needs. She told petitioner to be “very fatherly” about the arrow, Rambo toys and G.I. Joe. He expressed his desire that petitioner would
children’s needs because those were expensive here. For herself, Anna Marie come and visit them someday.
asked for a subscription of Glamour and Vogue magazines and that whatever 5. 14.Exh. 14—a letter of Keith with one of the four pages bearing the date January
expenses he would incur, she would “replace” these. As a postcript, she told 1986. Keith told his father that they had received the package that the latter sent
petitioner that Keith wanted a size 6 khaki-colored “Sperry topsider shoes.” them. The clothes he sent, however, fitted only Keith but not Charmaine and
3. 3.Exh. 3—an undated note on a yellow small piece of paper that reads: Joeton who had both grown bigger. Keith asked for grocery items, toys and more
clothes. He asked, in behalf of his mother, for low-heeled shoes and a dress to
match, jogging pants, tights and leotards that would make her look sexy. He
148 intimated to petitioner that he had grown taller and that he was already ashamed to
be asking for things to buy in the grocery even though his mother had told him not
148 SUPREME COURT REPORTS ANNOTATED to be shy about it.

Cang vs. Court of Appeals

151
“Dear Herbert,
Hi, how was Christmas and New Year? Hope you had a wonderful one. VOL. 296, SEPTEMBER 25, 1998 151
By the way thanks for the shoes, it was a nice one. It’s nice to be thought of at
X’mas. Thanks again. Cang vs. Court of Appeals
Sincerely, Aside from these letters, petitioner also presented certifications of banks in the U.S.A.
Menchu” showing that even prior to the filing of the petition for adoption, he had deposited
amounts for the benefit of his children.  Exhibits 24 to 45 are copies of checks sent by
25

1. 4.Exh. 4—a two-page undated letter of Keith on stationery of Jose Clavano, Inc. petitioner to the children from 1985 to 1989.
addressed to “Dear Dad.” Keith told his father that they tried to tell their mother These pieces of evidence are all on record. It is, therefore, quite surprising why
“to stay for a little while, just a few weeks after classes start(s)” on June 16. He the courts below simply glossed over these, ignoring not only evidence on financial
informed petitioner that Joeton would be in Kinder I and that, about the motorbike, support but also the emotional exchange of sentiments between petitioner and his
he had told his mother to write petitioner about it and “we’ll see what you’re (sic) family. Instead, the courts below emphasized the meagerness of the amounts he sent
decision will be.” He asked for chocolates, nuts, basketball shirt and shorts, rubber
shoes, socks, headband, some clothes for outing and perfume. He told petitioner to his children and the fact that, as regards the bank deposits, these were
that they had been going to Lahug with their mother picking them up “withdrawable by him alone.” Simply put, the courts below attached a high premium
after Angkong or Ama had prepared lunch or dinner. From her aerobics, his mother to the prospective adopters’ financial status but totally brushed aside the possible
would go for them in Lahug at about 9:30 or 10:00 o’clock in the evening. He repercussion of the adoption on the emotional and psychological well-being of the
wished his father “luck and the best of health” and that they prayed for him and children.
their other relatives. The letter was ended with “Love Keith.” True, Keith had expressed his desire to be adopted by his uncle and aunt.
2. 5.Exh. 5—another undated long letter of Keith. He thanked his father for the
Christmas card “with $40.00, $30.00 and $30.00” and the “card of Joeton with However, his seeming steadfastness on the matter as shown by his testimony is
$5.00 inside.” He told petitioner the amounts following his father’s instructions contradicted by his feelings towards his father as revealed in his letters to him. It is
and promise to send money through the mail. He asked his father to address his not at all farfetched to conclude that Keith’s testimony was actually the effect of the
letter directly to him because he wanted to open his own letters. He informed filing of the petition for adoption that would certainly have engendered confusion in
petitioner of activities during the Christmas season—that they enjoyed eating, his young mind as to the capability of his father to sustain the lifestyle he had been
playing and giving surprises to their mother. He apprised him of his daily schedule used to.
and that their mother had been closely supervising them, instructing them to fold
their blankets and pile up their pillows. He informed petitioner that Joeton had The courts below emphasized respondents’ emotional attachment to the
become very smart while Charmaine, who was also smart, was very demanding of children. This is hardly surprising for, from the very start of their young lives, the
their mother. Because their mother was leaving for the United States on February children were used to their presence. Such attachment had persisted and certainly, the
5, they would be missing her like they were missing petitioner. He asked for his young ones’ act of snuggling close to private respondent Ronald Clavano was not
“things” and $200.00. He told petitioner more anecdotes about Joeton like he indicative of their emotional detachment from their father. Private respondents, being
would make the sign of the cross even when they would pass by the  Iglesia ni the uncle and aunt of the children, could not but come to their succor when they
Cristo church and his insistence that Aquino was not dead because
needed help as when Keith got sick and private respondent Ronald spent for his
hospital bills.
149 __________

VOL. 296, SEPTEMBER 25, 1998 149  Exhs. 15 to 17.

25

Cang vs. Court of Appeals 152

 private respondent Maria Clara, is an international flight stewardess.  Moreover,
152 SUPREME COURT REPORTS ANNOTATED
34

private respondent Ronald claimed that he could “take care of the children while their
parents are away,”  thereby indicating the evanescence of his intention. He wanted to
Cang vs. Court of Appeals
35

have the children’s surname changed to Clavano for the reason that he wanted to take
In a number of cases, this Court has held that parental authority cannot be entrusted to them to the United States as it would be difficult for them to get a visa if their
a person simply because he could give the child a larger measure of material comfort surname were different from his.  To be sure, he also testified that he wanted to spare
36

than his natural parent. Thus, in David v. Court of Appeals,  the Court awarded 26

the children the stigma of being products of a broken home.

custody of a minor illegitimate child to his mother who was a mere secretary and Nevertheless, a close analysis of the testimonies of private respondent Ronald,
market vendor instead of to his affluent father who was a married man, not solely his sister Anna Marie and their brother Jose points to the inescapable conclusion that
because the child opted to go with his mother. The Court said: they just wanted to keep the children away from their father. One of the overriding
“Daisie and her children may not be enjoying a life of affluence that private respondent promises if considerations for the adoption was allegedly the state of Anna Marie’s health—she
the child lives with him. It is enough, however, that petitioner is earning a decent living and is able
to support her children according to her means.” was a victim of an almost fatal accident and suffers from a heart ailment. However,
she herself admitted that her health condition was not that serious as she could still
take care of the children.  An eloquent evidence of her ability to physically care for
In Celis v. Cafuir  where the Court was confronted with the issue of whether to award
37

them was her employment at the Philippine Consulate in Los Angeles —she could not
27

custody of a child to the natural mother or to a foster mother, this Court said:
38

have been employed if her health were endangered. It is thus clear that the Clavanos’
“This court should avert the tragedy in the years to come of having deprived mother and son of the
beautiful associations and tender, imperishable memories engendered by the relationship of parent attempt at depriving petitioner of parental authority apparently stemmed from their
and child. We should not take away from a mother the opportunity of bringing up her own child notion that he was an inveterate womanizer. Anna Marie in fact expressed fear that
even at the cost of extreme sacrifice due to poverty and lack of means; so that afterwards, she may her children would “never be at ease with the wife of their father.” 39

be able to look back with pride and a sense of satisfaction at her sacrifices and her efforts, however Petitioner, who described himself as single in status, denied being a womanizer
humble, to make her dreams of her little boy come true. We should not forget that the relationship and father to the sons of Wilma Soco.  As to whether he was telling the truth is beside
40

between a foster mother and a child is not natural but artificial. If the child turns out to be a failure
the
or forgetful of what its foster parents had done for him, said parents might yet count and appraise _________
(sic) all that they have done and spent for him and with regret consider all of it as a dead loss, and
even rue the day they committed the blunder of taking the child into their hearts and their home. Not
so with a real natural mother who never counts the cost and her sacrifices, ever treasuring memories  TSN, February 3, 1988, p. 13.
34

of her associations with her child, however unpleasant and disappointing. Flesh and blood count. x  TSN, November 17, 1987, p. 24.
35

 Ibid., pp. 28-29.

x x.”
36

 TSN, January 12, 1988, p. 10.

37

 Ibid.
38

____________  Ibid., p. 6.
39

 TSN, December 8, 1987, p. 12.

40

 250 SCRA 82 [1995].

156
26

 86 Phil. 554, 559-560 (1950).

27

156 SUPREME COURT REPORTS ANNOTATED

153
Cang vs. Court of Appeals
VOL. 296, SEPTEMBER 25, 1998 153
point. Philippine society, being comparatively conservative and traditional, aside
Cang vs. Court of Appeals from being Catholic in orientation, it does not countenance womanizing on the part of
In Espiritu v. Court of Appeals,  the Court stated that “(I)n ascertaining the welfare a family man, considering the baneful effects such irresponsible act visits on his
family. Neither may the Court place a premium on the inability of a man to
28

and best interests of the child, courts are mandated by the Family Code to take into
account all relevant considerations.” Thus, in awarding custody of the child to the distinguish between siring children and parenting them. Nonetheless, the actuality
father, the Court said: that petitioner carried on an affair with a paramour cannot be taken as sufficient basis
“A scrutiny of the pleadings in this case indicates that Teresita, or at least, her counsel are more for the conclusion that petitioner was necessarily an unfit father.  Conventional 41

intent on emphasizing the ‘torture and agony’ of a mother separated from her children and the wisdom and common human experience show that a “bad” husband does not
humiliation she suffered as a result of her character being made a key issue in court rather than the necessarily make a “bad” father. That a husband is not exactly an upright man is not,
feelings and future, the best interests and welfare of her children. While the bonds between a mother strictly speaking, a sufficient ground to deprive him as a father of his inherent right to
and her small child are special in nature, either parent, whether father or mother, is bound to suffer parental authority over the children.  Petitioner has demonstrated his love and concern
42

agony and pain if deprived of custody. One cannot say that his or her suffering is greater than that of
the other parent. It is not so much the suffering, pride, and other feelings of either parent but the
for his children when he took the trouble of sending a telegram  to the lower court 43

welfare of the child which is the paramount consideration.” (Italics supplied) 29

expressing his intention to oppose the adoption immediately after learning about it.
He traveled back to this country to attend to the case and to testify about his love for
his children and his desire to unite his family once more in the United States.
Indeed, it would be against the spirit of the law if financial consideration were to be
44

Private respondents themselves explained why petitioner failed to abide by the

the paramount consideration in deciding whether to deprive a person of parental
agreement with his wife on the support of the children. Petitioner was an illegal alien
authority over his children. There should be a holistic approach to the matter, taking
in the United States. As such, he could not have procured gainful employment.
into account the physical, emotional, psychological, mental, social and spiritual needs
Private respondents failed to refute petitioner’s testimony that he did not receive his
of the child.  The conclusion of the courts below that petitioner abandoned his family
share from the sale of the conjugal home,  pursuant to their manifestation/compromise
30

needs more evidentiary support other than his inability to provide them the material
45

agreement in the legal separation case. Hence, it can be reasonably presumed that the
comfort that his admittedly affluent in-laws could provide. There should be proof that
proceeds of the sale redounded to the benefit of his family, particularly his children.
he had so emotionally abandoned them that his children would not miss his guidance
The proceeds may not have lasted long but there is ample evidence to
and counsel if they were given to adopting parents. The letters he received from his ___________
children prove that petitioner maintained the more important emotional tie between
him and his children. The children needed him not only because he could cater to
 Silva v. Court of Appeals, G.R. No. 114742, July 17, 1997.
their whims but also because he was
41

 Chua v. Cabangbang, 137 Phil. 204 (1969).

42

____________  Exh. 18.

43

 TSN, December 8, 1987, pp. 47-48; February 11, 1988, p. 6.

44

 TSN, December 8, 1987, p. 20.

45

 312 Phil. 431 (1995).

28

 Ibid., at p. 439.
29

 See: Perez v. Court of Appeals, 325 Phil. 1014, 1020 (1996).

30 157

154
VOL. 296, SEPTEMBER 25, 1998 157

154 SUPREME COURT REPORTS ANNOTATED Cang vs. Court of Appeals

show that thereafter, petitioner tried to abide by his agreement with his wife and sent
Cang vs. Court of Appeals his family money, no matter how “meager.”
a person they could share with their daily activities, problems and triumphs. The liberality with which this Court treats matters leading to adoption insofar as
The Court is thus dismayed that the courts below did not look beyond it carries out the beneficent purposes of the law to ensure the rights and privileges of
petitioner’s “meager” financial support to ferret out other indications on whether the adopted child arising therefrom, ever mindful that the paramount consideration is
petitioner had in fact abandoned his family. The omission of said courts has led us to the overall benefit and interest of the adopted child, should be understood in its
examine why the children were subjected to the process of adoption, notwithstanding proper context and perspective. The Court’s position should not be misconstrued or
the proven ties that bound them to their father. To our consternation, the record of the misinterpreted as to extend to inferences beyond the contemplation of law and
case bears out the fact that the welfare of the children was not exactly the “paramount jurisprudence.  The discretion to approve adoption proceedings is not to be anchored
46

consideration” that impelled Anna Marie to consent to their adoption. solely on best interests of the child but likewise, with due regard to the natural rights
In her affidavit of consent, Anna Marie expressly said that leaving the children of the parents over the child. 47

in the country, as she was wont to travel abroad often, was a problem that would In this regard, this Court notes private respondents’ reliance on the
naturally hamper her job-seeking abroad. In other words, the adoption appears to be a manifestation/compromise agreement between petitioner and Anna Marie which
matter of convenience for her because Anna Marie herself is financially capable of became the basis of the decree of legal separation. According to private respondents’
supporting her children.  In his testimony, private respondent Ronald swore that Anna
31 counsel,  the authority given to Anna Marie by that decree to enter into contracts as a
48

Marie had been out of the country for two years and came home twice or three result of the legal separation was “all embracing”  and, therefore, included giving her
49

times,  thereby manifesting the fact that it was she who actually left her children to the
32 sole consent to the adoption. This conclusion is however, anchored on the wrong
care of her relatives. It was bad enough that their father left their children when he premise that the authority given to the innocent spouse to enter into contracts that
went abroad, but when their mother followed suit for her own reasons, the situation obviously refer to their conjugal properties, shall include entering into agreements
worsened. The Clavano family must have realized this. Hence, when the family first leading to the adoption of the children. Such conclusion is as devoid of a legal basis
discussed the adoption of the children, they decided that the prospective adopter as private respondents’ apparent reliance on the decree of legal separation for doing
should be Anna Marie’s brother Jose. However, because he had children of his own, away with petitioner’s consent to the adoption.
the family decided to devolve the task upon private respondents. 33 The transfer of custody over the children to Anna Marie by virtue of the decree
This couple, however, could not always be in Cebu to care for the children. A of legal separation did not, of necessity,
businessman, private respondent Ronald Clavano commutes between Cebu and ___________

Manila while his wife,

__________  Republic v. Hernandez, 323 Phil. 606 (1996).
46

 Republic v. Court of Appeals and Bobiles, supra.

47

 Atty. Ricardo Padilla.

48

 TSN, November 17, 1987, p. 38.

31
 TSN, November 17, 1987, p. 37.
49

 Ibid., p. 22.
32

 RTC Decision, pp. 1-2.

33

158

155
158 SUPREME COURT REPORTS ANNOTATED
VOL. 296, SEPTEMBER 25, 1998 155
Cang vs. Court of Appeals
Cang vs. Court of Appeals deprive petitioner of parental authority for the purpose of placing the children up for
adoption. Article 213 of the Family Code states: “. . . in case of legal separation of
parents, parental authority shall be exercised by the parent designated by the court.”
In awarding custody, the court shall take into account “all relevant considerations,
1. (a)To ensure that every child remains under the care and custody of his/her parent(s)
and be provided with love, care, understanding and security towards the full and
especially the choice of the child over seven years of age, unless the parent chosen is harmonious development of his/her personality.
unfit.”
60

It should be noted, however, that the law only confers on the innocent spouse 2. (b)In all matters relating to the care, custody and adoption of a child, his/her interest
the “exercise” of parental authority. Having custody of the child, the innocent spouse shall be the paramount consideration in accordance with the tenets set forth in the
shall implement the sum of parental rights with respect to his rearing and care. The United Nations (UN) Convention on the Rights of the Child. 61

innocent spouse shall have the right to the child’s services and earnings, and the right 3. (c)To prevent the child from unnecessary separation from his/her biological
to direct his activities and make decisions regarding his care and control, education, parent(s). 62

health and religion. 50

In a number of cases, this Court has considered parental authority,

the joint exercise of which is vested by the law upon the parents,  as 51
Inasmuch as the Philippines is a signatory to the United Nations Convention on the
“x x x a mass of rights and obligations which the law grants to parents for the purpose of the Rights of the Child, the government and its officials are duty bound to comply with
children’s physical preservation and development, as well as the cultivation of their intellect and the its mandates. Of particular relevance to instant case are the following provisions:
education of their hearts and senses. As regards parental authority, ‘there is no power, but a task; no “States Parties shall respect the responsibilities, rights and duties of parents . . . to provide, in a
complex of rights, but a sum of duties; no sovereignty but a sacred trust for the welfare of the manner consistent with the evolving capacities of the child, appropriate direction and guidance
minor.’ ___________
Parental authority and responsibility are inalienable and may not be transferred or
renounced except in cases authorized by law. The right attached to parental authority, being purely
 The law was approved on June 7, 1995.
personal, the law allows a waiver of parental authority only in cases of adoption, guardianship and
58

 The law was approved on February 25, 1998.

59

surrender to a children’s home or an orphan institution. When a parent entrusts the custody of a  Art. 1, Sec. 2(a), R.A. No. 8552.
60

 Art. 1, Sec. 2(b), Ibid.; adopted by the General Assembly of the United Nations on November 20, 1989 and ratified by the Philippines in
minor to another, such as a friend or godfather, even in a document, what is given is
61

July 1990 by virtue of Senate Resolution No. 109.

__________  Art. 1, Sec. 2(c), ii, Ibid.
62

 Dissenting Opinion of Justice Felix V. Makasiar in  Luna v. Intermediate Appellate Court, (G.R. No. 68374, June 18, 1985, 137 SCRA 7)
50
162
citing 59 Am. Jur. 2d 107.
 Art. 211, Family Code.
162 SUPREME COURT REPORTS ANNOTATED
51

159
Cang vs. Court of Appeals
VOL. 296, SEPTEMBER 25, 1998 159 in the exercise by the child of the rights recognized in the present Convention.” 63

“States Parties shall respect the right of the child who is separated from one or both parents to
maintain personal relations and direct contact with both parents on a regular basis, except if it is
Cang vs. Court of Appeals contrary to the child’s best interests.”
merely temporary custody and it does not constitute a renunciation of parental authority. Even if a
64

“A child whose parents reside in different States shall have the right to maintain on a regular
definite renunciation is manifest, the law still disallows the same. basis, save in exceptional circumstances personal relations and direct contacts with both
The father and mother, being the natural guardians of unemancipated children, are duty- parents . . .”
bound and entitled to keep them in their custody and company.”  (Italics supplied)
65

“States Parties shall respect the rights and duties of the parents . . . to provide direction to the
52

child in the exercise of his or her right in a manner consistent with the evolving capacities of the
As such, in instant case, petitioner may not be deemed as having been completely child.” 66

deprived of parental authority, notwithstanding the award of custody to Anna Marie

in the legal separation case. To reiterate, that award was arrived at by the lower court Underlying the policies and precepts in international conventions and the domestic
on the basis of the agreement of the spouses. statutes with respect to children is the overriding principle that all actuations should
While parental authority may be waived, as in law it may be subject to a be in the best interests of the child. This is not, however, to be implemented in
compromise,  there was no factual finding in the legal separation case that petitioner
53
derogation of the primary right of the parent or parents to exercise parental authority
was such an irresponsible person that he should be deprived of custody of his children over him. The rights of parents vis-à-vis that of their children are not antithetical to
or that there are grounds under the law that could deprive him of parental authority. each other, as in fact, they must be respected and harmonized to the fullest extent
In fact, in the legal separation case, the court thereafter ordered the transfer of possible.
custody over the children from Anna Marie back to petitioner. The order was not Keith, Charmaine and Joseph Anthony have all grown up. Keith and Charmaine
implemented because of Anna Marie’s motion for reconsideration thereon. The are now of legal age while Joseph Anthony is approaching eighteen, the age of
Clavano family also vehemently objected to the transfer of custody to the petitioner, majority. For sure, they shall be endowed with the discretion to lead lives
such that the latter was forced to file a contempt charge against them. 54
independent of their parents. This is not to state that this case has been rendered moot
The law is clear that either parent may lose parental authority over the child and academic, for their welfare and best interests regarding their adoption, must be
only for a valid reason. No such reason was established in the legal separation case. determined as of the time that the petition for adoption was filed.  Said peti- 67

In the instant case for adoption, the issue is whether or not petitioner had abandoned __________
his children as to warrant dispensation of his consent to their adoption. Deprivation of
parental authority is 63
 Art. 5, Convention on the Rights of the Child.
__________ 64
 Art. 9, parag. 3, ibid.
65
 Art. 10, parag. 2, Ibid.
66
 Art. 14, parag. 2, Ibid.
 Sagala-Eslao v. Court of Appeals, G.R. No. 116773, January 16, 1997, 266 SCRA 317, 322-323 citing Santos,
52
67
 See: Espiritu v. Court of Appeals, supra at p. 441.
Sr. v. Court of Appeals, G.R. No. 113054, March 16, 1995, 242 SCRA 407.
 TOLENTINO, CIVIL CODE OF THE PHILIPPINES, Vol. V, 1992 ed., p. 491 citing 4 Salvat 383.
53

 TSN, February 11, 1988, pp. 9-12.

54
163

VOL. 296, SEPTEMBER 25, 1998 163

160

160 SUPREME COURT REPORTS ANNOTATED People vs. Leachon, Jr.

tion must be denied as it was filed without the required consent of their father who,
Cang vs. Court of Appeals by law and under the facts of the case at bar, has not abandoned them.
one of the effects of a decree of adoption.  But there cannot be a valid decree of
55
WHEREFORE, the instant petition for review on certiorari is hereby
adoption in this case precisely because, as this Court has demonstrated earlier, the GRANTED. The questioned Decision and Resolution of the Court of Appeals, as
finding of the courts below on the issue of petitioner’s abandonment of his family well as the decision of the Regional Trial Court of Cebu, are SET ASIDE thereby
was based on a misappreciation that was tantamount to non-appreciation, of facts on denying the petition for adoption of Keith, Charmaine and Joseph Anthony, all
record. surnamed Cang, by the spouse respondents Ronald and Maria Clara Clavano. This
As regards the divorce obtained in the United States, this Court has ruled Decision is immediately executory.
in Tenchavez v. Escaño   that a divorce obtained by Filipino citizens after the
56
SO ORDERED.
effectivity of the Civil Code is not recognized in this jurisdiction as it is contrary to      Narvasa (C.J., Chairman), Kapunan and Purisima, JJ., concur.
State policy. While petitioner is now an American citizen, as regards Anna Marie
who has apparently remained a Filipino citizen, the divorce has no legal effect. Petition granted, judgment and resolution set aside.
Parental authority is a constitutionally protected State policy borne out of
established customs and tradition of our people. Thus, in Silva v. Court of Appeals,  a 57

case involving the visitorial rights of an illegitimate parent over his child, the Court
expressed the opinion that:
“Parents have the natural right, as well as the moral and legal duty, to care for their children, see to
their upbringing and safeguard their best interest and welfare. This authority and responsibility may
not be unduly denied the parents; neither may it be renounced by them. Even when the parents are
estranged and their affection for each other is lost, the attachment and feeling for their offsprings
invariably remain unchanged. Neither the law nor the courts allow this affinity to suffer absent, of
course, any real, grave and imminent threat to the well-being of the child.”

Since the incorporation of the law concerning adoption in the Civil Code, there has
been a pronounced trend to place emphasis in adoption proceedings, not so much on
the need of childless couples for a child, as on the paramount interest of a child who
needs the love and care of parents. After the pas-
___________

 Cervantes v. Fajardo, G.R. No. 79955, January 27, 1989, 169 SCRA 575, 579.
55

 122 Phil. 752 (1965).

56

 Supra.
57

161

VOL. 296, SEPTEMBER 25, 1998 161

Cang vs. Court of Appeals
sage of the Child and Youth Welfare Code and the Family Code, the discernible trend
has impelled the enactment of Republic Act No. 8043 on Intercountry Adoption  and 58

Republic Act No. 8552 establishing the rules on the domestic adoption of Filipino
children. 59

The case at bar applies the relevant provisions of these recent laws, such as the
following policies in the “Domestic Adoption Act of 1998”: