REPUBLIC OF THE PHILIPPINES, petitioner, vs. COURT OF APPEALS and ZENAIDA C. BOBILES, respondents.
Facts:
The Republic opposed the decision of the Trial Court granting the petition for adoption by Zenaida Bobiles of a 6 year old boy on the ground that the Family Code Art 246 should applied retroactively and not PD 603 Child and Youth Welfare Code. In the Family Code, joint adoption by husband and wife is mandatory while in PD 603, it’s either the husband or wife. Bobiles filed on Feb 2, 1988, around 6 months before FC took place.
Issue:
Should the Family Code rule on adoption be applied retroactively?
Ruling:
No. Article 246 of the Family Code provides for retroactive effect of appropriate relevant provisions thereof, subject to the qualification that such retrospective application will not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws.
RIGHT THEREUNDER TO FILE PETITION FOR ADOPTION ALONE CANNOT BE PREJUDICED BY THE ENACTMENT OF NEW LAW.
A petition cannot be dismissed by reason of failure to comply with a law which was not yet in force and effect at the time. As long as the petition for adoption was sufficient in form and substance in accordance with the law in governance at the time it was filed, the court acquires jurisdiction and retains it until it fully disposes of the case.
It is a settled rule therein that adoption statutes, as well as matters of procedure leading up to adoption, should be liberally construed to carry out the beneficent purposes of the adoption institution and to protect the adopted child in the rights and privileges coming to it as a result of the adoption.
English