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Author Topic: Adoption Case in the Philippines  (Read 406 times)

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Adoption Case in the Philippines
« on: November 17, 2016, 02:23:37 PM »
-- In an adoption case, the wife alone filed the petition without joining the husband. It was granted, but that was under the Child and Youth Welfare Code (P.D. No. 603). When the Family Code took effect, they went to Court seeking for an annulment of the decree of adoption on the ground that under Article 185 of the Code, the husband and wife must jointly adopt. They contended that the law is a remedial statute and must be retroactive. Decide.

ANSwer: The contention is not correct. The wife's right to file the petition by herself already vested upon her filing thereof and cannot be prejudiced or impaired by the enactment of a new law. The trial court acquired jurisdiction over the petition. Jurisdiction is determined by the statute in force at the time of the commencement of the action. (Republic v. CA, G.R. No. 92326, January 24, 1992).


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