Adoption Cases

October 2, 1986

SUPREME COURT CIRCULAR NO. 12-86

 

Reports have reached this Court that some Regional Trial Court judges handling adoption cases do not strictly adhere to the provisions of Art. 33 of P.D. 603, otherwise known as "The Child and Youth Welfare Code", on the requirement of a case study of the child to be adopted, his natural parents, as well as the prospective adopting parents and that they do not hear personally the said cases. acd

Henceforth, Regional Trial Court judges hearing adoption cases are hereby directed:

(1) to NOTIFY the Ministry of Social Services and Development, thru its local agency, of the filing of adoption cases or the pendency thereof with respect to those cases already filed;

(2) to strictly COMPLY with the requirement in Art. 33 of the aforesaid decree that —

"No petition for adoption shall be granted unless the Department of Social Welfare (now the Ministry of Social Services and Development), or the Social Work and Counselling Division, in the case of Juvenile and Domestic Relations Courts, (now defunct), has made a case study of the child to be adopted, his natural parents as well as the prospective adopting parents, and has submitted its report and recommendations on the matter to the court hearing such petition. The Department of Social Welfare (now the Ministry of Social Services and Development) shall intervene on behalf of the child if it finds, after such case study, that the petition should denied."

The Staff Assistant V (Social Worker) of the Regional Trial Courts, if any, shall coordinate with the Ministry of Social Services and Development representatives in the preparation and submittal of such case study.

(3) to personally HEAR all adoption cases and desist from the practice of delegating the reception of evidence of the petitioner to the Clerk of Court.

Strict compliance herewith is hereby enjoined.

October 2, 1986.

(SGD.) CLAUDIO TEEHANKEEChief Justice