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HERBERT CANG v. CA

FACTS:

Herbert Cang and Anna Marie Clavano, married on January 27, 1973, had three children: Keith, Charmaine, and Joseph Anthony. Their marriage faced turbulence when Anna Marie discovered Herbert's alleged affair with Wilma Soco. This led Anna Marie to file for legal separation and alimony pendente lite, which was approved based on a joint agreement allowing them to live apart and obligating Herbert to support the children with PHP 1,000 per month. Herbert subsequently moved to the United States, secured a divorce in Nevada granting Anna Marie sole custody of the children, and remarried an American woman, gaining U.S. citizenship.

In Herbert's absence, Anna Marie claimed he evaded child support responsibilities. To ease her plans of seeking employment abroad, she consented to her brother Ronald and sister-in-law Maria Clara Clavano adopting her children, claiming Herbert had long forfeited his rights due to abandonment and divorce. Learning of the adoption petition, Herbert returned to oppose it, insisting he never abandoned his children. While the Regional Trial Court of Cebu City decreed the adoption based on the children's developed ties with the Clavanos and the Clavanos' ability to provide for them, it dismissed Herbert's opposition, judging him morally unfit due to his extramarital affair. However, evidence indicated Herbert consistently communicated with and financially supported his children, albeit modestly. Despite Anna Marie's consent and support amid her frequent absences, Herbert's paternal rights and consistent support through various modes brought the case under the Court's scrutiny regarding abandonment and parental authority in adoption.

ISSUES:

  1. Can minor children be legally adopted without the written consent of a natural parent on the ground that the latter has abandoned them?

RULING:

  1. No, minor children cannot be legally adopted without the written consent of a natural parent unless there is concrete evidence proving that the parent has abandoned the children. In this case, the evidence showed that the father, despite physical estrangement, continued to provide financial support and maintain emotional ties with the children. Therefore, the petition for adoption lacked the necessary consent from the natural father, and the claim of abandonment was not sufficiently proven.

PRINCIPLES:

  1. The written consent of the natural parent is indispensable for the validity of the decree of adoption, unless the parent has abandoned the child.

  2. Abandonment involves a settled purpose to forego all parental duties and relinquish all parental claims to the child.

  3. Physical estrangement alone is not tantamount to abandonment; there must be evidence of financial and moral desertion.

  4. In adoption cases, the paramount consideration is the best interests and welfare of the child, which includes physical, emotional, psychological, mental, social, and spiritual needs.

  5. Parental authority and responsibility are inalienable and not easily renounced except in cases authorized by law, such as adoption, guardianship, and surrender to a children's home or orphan institution.

  6. A decree of legal separation or divorce does not necessarily deprive a parent of parental authority over the child for purposes of adoption.

  7. Parental rights are constitutionally protected and cannot be disregarded without valid and sufficient reasons.

  8. Decisions regarding adoption should not prioritize financial capability over the holistic well-being and established emotional ties of the child with the natural parent.

Additionally, the case elucidates the principles of reviewing and affirming lower courts’ findings where significant evidence has been overlooked or misapprehended.