Professional Documents
Culture Documents
March 31, 2005 It stated that the use of surname is fixed by law, as provided
for under the Family Code, however, the law is silent as to
what middle name a child may use.
Diwata Ramos Landingin, a citizen of the United States of The OSG appealed the decision to the Court of Appeals and
America (USA), of Filipino parentage and a resident of Guam, the latter reversed the ruling of the RTC. It held that petitioner
USA, filed a petition for the adoption of minors Elaine Dizon failed to adduce in evidence the voluntary consent of Amelia
Ramos, Elma Dizon Ramos, and Eugene Dizon Ramos, all of Ramos, the childrens natural mother. Moreover, the affidavit
whom are the natural children of Manuel Ramos, petitioners of consent of the petitioners children could not also be
brother, and Amelia Ramos. admitted in evidence as the same was executed in Guam, USA
and was not authenticated or acknowledged before a
Philippine consular office, and although petitioner has a job,
she was not stable enough to support the children.
The court ordered the Department of Social Welfare and Whose Consent is Necessary to the Adoption. - After being
Development (DSWD) to conduct a case study and to submit a properly counseled and informed of his/her right to give or
report thereon. withhold his/her approval of the adoption, the written consent
of the following to the adoption is hereby required:
A joint affidavit was also attached wherein the three minors (d) The illegitimate sons/daughters, ten (10) years of
expressed their willingness to be adopted and be joined with age or over, of the adopter, if living with said adopter
the petitioner in the USA. and the latters souse, if any;
While the Court recognizes that petitioner has only the best of
intentions for her nieces and nephew, there are legal
In this case, petitioner relied solely on her testimony and that infirmities that militate against reversing the ruling of the CA.
of Elaine Ramos to prove her claim that Amelia Ramos had In any case, petitioner is not prevented from filing a new
abandoned her children. However, the Home Study Report of petition for adoption of the herein minors.
the DSWD Social Worker stated that the childrens mother