Leonen, J.:: Decision
Leonen, J.:: Decision
Leonen, J.:: Decision
DECISION
LEONEN, J.:
The policy of the law is clear. In order to maintain harmony, there must be
a showing of notice and consent. This cannot be defeated by mere
procedural devices. In all instances where it appears that a spouse attempts
to adopt a child out of wedlock, the other spouse and other legitimate
children must be personally notified through personal service of summons.
It is not enough that they be deemed notified through constructive service.
The case originally stemmed from the adoption of Jose Maria Jed Lemuel
Gregorio (Jéd) and Ana Maria Regina Gregorio (Regina) by Atty. Jose G.
Castro (Jose). Jose is the estranged husband of Rosario Mata Castro
(Rosario) and the father of Joanne Benedicta Charissima M. Castro
(Joanne), also known by her baptismal name, "Maria Socorro M. Castro"
and her nickname, "Jayrose."
Rosario alleged that she and Jose were married on August 5, 1962 in Laoag
City. Their marriage had allegedly been troubled. They had a child, Rose
Marie, who was born in 1963, but succumbed to congenital heart disease
and only lived for nine days. Rosario allegedly left Jose after a couple of
months because of the incompatibilities between them.[4]
Rosario and Jose, however, briefly reconciled in 1969. Rosario gave birth to
Joanne a year later. She and Jose allegedly lived as husband and wife for
about a year even if she lived in Manila and Jose stayed in Laoag City. Jose
would visit her in Manila during weekends. Afterwards, they separated
permanently because Rosario alleged that Jose had homosexual tendencies.
[5]
She insisted, however, that they "remained friends for fifteen (15) years
despite their separation(.)"[6]
On August 1, 2000, Jose filed a petition [7] for adoption before the Regional
Trial Court of Batac, Ilocos Norte. In the petition, he alleged that Jed and
Regina were his illegitimate children with Lilibeth Fernandez Gregorio
(Lilibeth),[8] whom Rosario alleged was his erstwhile housekeeper.[9] At the
time of the filing of the petition, Jose was 70 years old.[10]
He was also a well-known lawyer in Manila and Ilocos Norte. [12] The report
mentioned that he was once married to Rosario, but the marriage did not
produce any children.[13] It also stated that he met and fell in love with
Lilibeth in 1985, and Lilibeth was able to bear him two children, Jed on
August 1987, and Regina on March 1989.[14] Under "Motivation for
Adoption," the social welfare officer noted:
Since, he has no child with his marriaged [sic] to Rosario Mata, he was not
able to fulfill his dreams to parent a child. However, with the presence of
his 2 illegitimate children will fulfill his dreams [sic] and it is his intention
to legalize their relationship and surname. . . .[15]
At the time of the report, Jose was said to be living with Jed and Regina
temporarily in Batac, Ilocos Norte.[16] The children have allegedly been in
his custody since Lilibeth's death in July 1995.[17]
On October 16, 2000, the trial court approved the adoption, [18] having ruled
that "[n]o opposition had been received by this Court from any person
including the government which was represented by the Office of the
Solicitor General."[19] A certificate of finality[20] was issued on February 9,
2006.
In his answer before the Integrated Bar of the Philippines, Jose denies
being remiss in his fatherly duties to Joanne during her minority. He
alleged that he always offered help, but it was often declined.[25] He also
alleged that he adopted Jed and Regina because they are his illegitimate
children. He denied having committed any of the falsification alluded to by
Rosario. He also stated that he had suffered a stroke in 1998 that left him
paralyzed. He alleged that his income had been diminished because several
properties had to be sold to pay for medical treatments.[26] He then
implored the Integrated Bar of the Philippines to weigh on the case with
"justice and equity."[27]
On October 18, 2007, Rosario and Joanne filed a petition for annulment of
judgment under Rule 47 of the Rules of Civil Procedure with the Court of
Appeals, seeking to annul the October 16, 2000 decision of the trial court
approving Jed and Regina's adoption.[29]
In their petition, Rosario and Joanne allege that they learned of the
adoption sometime in 2005.[30] They allege that Rosario's affidavit of
consent, marked by the trial court as "Exh. K,"[31] was fraudulent.[32] They
also allege that Jed and Regina's birth certificates showed different sets of
information, such as the age of their mother, Lilibeth, at the time she gave
birth. They argue that one set of birth certificates states the father to be
Jose and in another set of National Statistic Office certificates shows the
father to be Larry, Jose's driver and alleged lover.[33] It was further alleged
that Jed and Regina are not actually Jose's illegitimate children but the
legitimate children of Lilibeth and Larry who were married at the time of
their birth.[34]
While admittedly, no notice was given by the trial court to Rosario and
Joanne of the adoption, the appellate court ruled that there is "no explicit
provision in the rules that the spouse and legitimate child of the adopter . . .
should be personally notified of the hearing."[35]
The appellate court also ruled that the alleged fraudulent information
contained in the different sets of birth certificates required the
determination of the identities of the persons stated therein and was,
therefore, beyond the scope of the action for annulment of judgment. The
alleged fraud was also perpetrated during the trial and could not be
classified as extrinsic fraud, which is required in an action for annulment of
judgment.[38]
When Rosario and Joanne's motion for reconsideration was denied on July
10, 2009,[39] they filed this petition.
The issue before this court is whether the Court of Appeals erred in denying
the petition for annulment for failure of petitioners to (1) show that the trial
court lacked jurisdiction and (2) show the existence of extrinsic fraud.
In their petition, petitioners argue that the appellate court erred in its
application of the law on extrinsic fraud as ground to annul a judgment.
[40]
They argue that because of the fabricated consent obtained by Jose and
the alleged false information shown in the birth certificates presented as
evidence before the trial court,[41] they were not given the opportunity to
oppose the petition since the entire proceedings were concealed from them.
[42]
Under Rule 47, Section 1 of the Rules of Civil Procedure, a party may file an
action with the Court of Appeals to annul judgments or final orders and
resolutions in civil actions of Regional Trial Courts. This remedy will only
be available if "the ordinary remedies of new trial, appeal, petition for relief
or other appropriate remedies are no longer available through no fault of
the petitioner."[49]
Because of the exceptional nature of the remedy, there are only two
grounds by which annulment of judgment may be availed of: extrinsic
fraud, which must be brought four years from discovery, and lack of
jurisdiction, which must be brought before it is barred by estoppel or
laches.[52]
Lack of jurisdiction under this rule means lack of jurisdiction over the
nature of the action or subject matter, or lack of jurisdiction over the
parties.[53] Extrinsic fraud, on the other hand, is "[that which] prevents a
party from having a trial or from presenting his entire case to the court, or
[that which] operates upon matters pertaining not to the judgment itself
but to the manner in which it is procured."[54]
Under Article III, Section 7 of Republic Act No. 8552, the husband must
first obtain the consent of his wife if he seeks to adopt his own children
born out of wedlock:
ARTICLE III
ELIGIBILITY
Husband and wife shall jointly adopt, except in the following cases:
(i) if one spouse seeks to adopt the legitimate son/daughter of the other; or
(iii) if the spouses are legally separated from each other. . . (Emphasis
supplied)
The provision is mandatory. As a general rule, the husband and wife must
file a joint petition for adoption. The rationale for this is stated in In Re:
Petition for Adoption of Michelle P. Lim:[57]
The use of the word "shall" in the above-quoted provision means that joint
adoption by the husband and the wife is mandatory. This is in consonance
with the concept of joint parental authority over the child which is the ideal
situation. As the child to be adopted is elevated to the level of a legitimate
child, it is but natural to require the spouses to adopt jointly. The rule also
insures harmony between the spouses.[58]
The law provides for several exceptions to the general rule, as in a situation
where a spouse seeks to adopt his or her own children born out of wedlock.
In this instance, joint adoption is not necessary. However, the spouse
seeking to adopt must first obtain the consent of his or her spouse.
The law also requires the written consent of the adopter's children if they
are 10 years old or older. In Article III, Section 9 of Republic Act No. 8552:
It is undisputed that Joanne was Jose and Rosario's legitimate child and
that she was over 10 years old at the time of the adoption proceedings. Her
written consent, therefore, was necessary for the adoption to be valid.
Since the trial court failed to personally serve notice on Rosario and Joanne
of the proceedings, it never validly acquired jurisdiction.
First, the petition for adoption was filed in a place that had no relation to
any of the parties. Jose was a resident of Laoag City, llocos Norte. [62] Larry
and Lilibeth were residents of Barangay 6, Laoag City. [63] Jed and Regina
were born in San Nicolas, Ilocos Norte.[64] Rosario and Joanne were
residents of Parañaque City, Manila.[65] The petition for adoption, however,
was filed in the Regional Trial Court of Batac, Ilocos Norte.[66] The trial
court gave due course to the petition on Jose's bare allegation in his
petition that he was a resident of Batac,[67] even though it is admitted in the
Home Study Report that he was a practicing lawyer in Laoag City. [68]
Third, Jose blatantly lied to the trial court when he declared that his
motivation for adoption was because he and his wife, Rosario, were
childless,[74] to the prejudice of their daughter, Joanne. The consent of
Rosario to the adoption was also disputed by Rosario and alleged to be
fraudulent.[75]
All these tactics were employed by Jose, not only to induce the trial court in
approving his petition, but also to prevent Rosario and Joanne from
participating in the proceedings or opposing the petition.
[I]ntrinsic fraud refers to the acts of a party at a trial that prevented a fair
and just determination of the case, but the difference is that the acts or
things, like falsification and false testimony, could have been litigated and
determined at the trial or adjudication of the case. In other words, intrinsic
fraud does not deprive the petitioner of his day in court because he can
guard against that kind of fraud through so many means, including a
thorough trial preparation, a skillful, cross-examination, resorting to the
modes of discovery, and proper scientific or forensic applications. Indeed,
forgery of documents and evidence for use at the trial and perjury in court
testimony have been regarded as not preventing the participation of any
party in the proceedings, and are not, therefore, constitutive of extrinsic
fraud.[77] (Emphasis supplied)
The law itself provides for penal sanctions for those who violate its
provisions. Under Article VII, Section 21 of Republic Act No. 8552:
ARTICLE VII
VIOLATIONS AND PENALTIES
The fraud employed in this case has been to Joanne's prejudice. There is
reason to believe that Joanne has grown up having never experienced the
love and care of a father, her parents having separated a year after her
birth. She has never even benefited from any monetary support from her
father. Despite all these adversities, Joanne was able to obtain a medical
degree from the University of the Philippines College of Medicine[80] and is
now working as a doctor in Canada.[81] These accomplishments, however,
are poor substitutes if the injustice done upon her is allowed to continue.
SO ORDERED.
*
Designated acting member per Special Order No. 1844 dated October 14,
2014.
[1]
Rollo, pp. 3-29.
[2]
Id. at 37-62. The decision was penned by Associate Justice Remedios A.
Salazar-Fernando (Chairperson) and concurred in by Associate 'Justices
Rebecca De Guia-Salvador and Rosalinda Asuncion Vicente of the Special
Former Seventh Division.
[3]
Id. at 37.
[4]
Id. at 38-39 and 48.
[5]
Id. at 39 and 48.
[6]
Id. at 49.
[7]
Id. at 109-110.
[8]
Id. at 109.
[9]
Id. at 52.
[10]
Id. at 79.
[11]
Id. at 79-82.
[12]
Id. at 80.
[13]
Id. at 79-80.
[14]
Id. at 80 and 83-84.
[15]
Id. at 80.
[16]
Id. at 81.
[17]
Id. at 80.
[18]
Id. at 87-90.
[19]
Id. at 87.
[20]
Id. at 91.
[21]
Id. at 168-173.
[22]
Id. at 168.
[23]
Id. at 169-170.
[24]
Id. at 171.
[25]
Id. at 174.
[26]
Id. at 175-176.
[27]
Id. at 176.
[28]
Id. at 122.
[29]
Id. at 38.
[30]
Id. at 9.
[31]
Id. at 14.
[32]
Id. at 40.
[33]
Id. at 153-158 and 226-227.
[34]
Id. at 41 and 136.
[35]
Id. at 59.
[36]
Id. at 59-60.
[37]
Id. at 60.
[38]
Id. at 60-61.
[39]
Id. at 98-99.
[40]
Id. at 13.
[41]
Id. at 14-15.
[42]
Id. at 18.
[43]
Id. at 22.
[44]
Id. at 26-27.
[45]
Id. at 306.
[40]
Id. at 307.
[47]
Id. at 311 and 313.
[48]
Id. at 313.
[49]
Rules of Civil Procedure, Rule 47, sec. 1.
[50]
G.R. No. 161122, September 24, 2012, 681 SCRA580 [Per J. Bersamin,
First Division].
[51]
Id. at 586-587, citing People v. Bitanga, 552 Phil. 686, 693 (2007) [Per
J. Austria-Martinez, Third Division]; Fraginal v. Heirs of Toribia
Belmonte Paranal, 545 Phil. 425, 432 (2007) [Per J. Austria- Martinez,
Third Division]; Macalalag v. Ombudsman, 468 Phil. 918, 923 (2004) [Per
J. Vitug, Third Division]; Apo Fruits Corporation v. Court of Appeals, 622
Phil. 215, 231 (2009) [Per J. Bersamin, En Bane]; Peña v. Government
Service Insurance System (GSIS), 533 Phil. 670, 689-690 (2006) [Per J.
Chico-Nazario, First Division]; Gallardo-Corro v. Gallardo, 403 Phil. 498,
511 (2001) [Per J. Bellosillo, Second Division].
[52]
RULES of Civil Procedure, Rule 47, sec. 2 and sec. 3.
[53]
Barco v. Court of Appeals, 465 Phil. 39, 57 (2004) [Per J. Tinga, Second
Division].
[54]
Bulawan v. Aquende, G.R. No. 182819, June 22, 2011, 652 SCRA 585,
594 [Per J. Carpio, Second Division], citing Alaban v. Court of Appeals,
507 Phil. 682, 694 (2005) [Per J. Tinga, Second Division].
[55]
Republic v. Court of Appeals and Zenaida Bobiles, G.R. No. 92326,
January 24, 1992, 205 SCRA 356, 363 [Per J. Regalado, Second Division],
citing Ramos, et al. v. Central Bank of the Philippines, 148-B Phil. 1047,
1066 (1971) [Per J. J.B.L. Reyes, En Bane].
[56]
Domestic Adoption Act of 1998.
[57]
606 Phil. 82 (2009) [Per J. Carpio, First Division].
[58]
Id. at 89-90, citing Republic v. Toledano, G.R. No. 94147, June 8, 1994,
233 SCRA 9, 13 [Per J. Puno, Second Division].
[59]
G.R. No. 187409, November 16, 2011, 660 SCRA 323 [Per J. Reyes,
Second Division].
[60]
Id. at 327, citing Amihan Bus Lines, Inc. v. Romars International Gases
Corporation, G.R. No. 180819, July 5, 2010, 623 SCRA 406, 411 [Per J.
Nachura, Second Division].
[61]
RULES OF CIVIL PROCEDURE, Rule 47, sec. 3.
[62]
Rollo, p. 139.
[63]
Id. at 138.
[64]
Id. at 88.
[65]
Id. at 4-5
[66]
Id. at 87-90.
[67]
Id. at 109
[68]
Id. at 80.
[69]
Id. at 155 and 158.
[70]
Id. at 153 and 156.
[71]
Id. at 154 and 157.
[72]
Id. at 153 and 156.
[73]
Id. at 226-227
[74]
Id. at 80.
[75]
Id. at 14. The allegedly fraudulent affidavit of consent was not attached
in the rollo.
[76]
Id. at 61.
[77]
Pinausukan Seafood House v. Far East Bank and Trust, G.R. No.
159926, January 20, 2014 [Per J. Bersamin, First Division], citing Ybañez
v. Court of Appeals, 323 Phil. 643, 656 (1996) [Per J. Francisco, Third
Division] and Strait Times Inc. v. Court of Appeals, 356 Phil. 217, 226
(1998) [Per J. Panganiban, First Division].
[78]
Rev. Pen. Code, art. 89.
[79 ]
Article VI of Rep. Act. No. 8552 provides:
Adoption, being in the best interest of the child, shall not be subject to
rescission by the adopter(s). However, the adopter(s) may disinherit the
adoptee for causes provided in Article 919 of the Civil Code.
[80]
Rollo, p. 169.
[81]
Id. at 5.