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IN RE: PETITION FOR ADOPTION OF MICHELLE P. LIM

FACTS:

Monina P. Lim (petitioner), an optometrist, married Primo Lim. They were childless and were entrusted with two minor children by Lucia Ayuban. The children, Michelle P. Lim and Michael Jude P. Lim, were registered by petitioner and Lim as their own. The children were sent to exclusive schools and raised as if they were their own. Lim passed away, and petitioner remarried Angel Olario, an American citizen. Petitioner filed separate petitions for the adoption of Michelle and Michael under Republic Act No. 8552. The Department of Social Welfare and Development certified Michelle and Michael as abandoned children. The trial court dismissed the petitions, ruling that joint adoption by the husband and wife is mandatory and that petitioner did not fall under any exceptions. Petitioner filed a motion for reconsideration, which was denied by the trial court. Petitioner appealed to the Supreme Court, questioning whether she can singly adopt after remarriage.

ISSUES:

  1. Whether joint adoption by the husband and wife is mandatory in this case.

  2. Whether the petitioner falls under any of the exceptions to the requirement of joint adoption.

  3. Whether the consent of the petitioner's husband is sufficient to satisfy the requirement of joint adoption.

  4. Whether joint parental authority is still necessary after the children have reached the age of majority.

  5. Whether the filing of a case for dissolution of marriage is equivalent to a decree of dissolution of marriage and would exempt the petitioner from the requirement of joint adoption.

  6. The issue in this case is whether or not the criminal offense of reckless imprudence resulting in homicide is committed when the victim, who is willingly engaged in an illegal and dangerous activity, suffers harm as a consequence.

RULING:

  1. Yes, joint adoption by the husband and wife is mandatory. The law explicitly states that husband and wife shall jointly adopt, except in certain specified cases.

  2. No, the petitioner does not fall under any of the exceptions to the requirement of joint adoption. The children to be adopted are not the legitimate or illegitimate children of the petitioner or her husband, and the spouses are not legally separated from each other.

  3. No, the consent of the petitioner's husband is not sufficient to satisfy the requirement of joint adoption. The husband must also meet certain qualifications set forth in the law, which were not proven during the trial.

  4. Joint parental authority is still necessary even after the children have reached the age of majority. Parental authority includes caring for and rearing the children, and even the remarriage of the surviving parent does not affect the parental authority unless the court appoints another person as guardian of the children.

  5. The filing of a case for dissolution of marriage is not equivalent to a decree of dissolution of marriage. Thus, until there is a judicial decree dissolving the marriage, joint adoption by the husband and wife is still required.

  6. The Supreme Court ruled in favor of the accused. The Court held that the crime of reckless imprudence resulting in homicide is not committed in this case. The victim, who willingly engaged in an illegal and dangerous activity, assumed the risk and consequence of such activity. As such, the accused cannot be held criminally liable for the resulting harm.

PRINCIPLES:

  • The use of the word "shall" in the law means that joint adoption by the husband and wife is mandatory.

  • Joint adoption ensures harmony between the spouses and reflects the ideal situation of joint parental authority over the child.

  • The requirements for joint adoption, including the qualifications of the adopting spouse, cannot be waived unless the adoptee is a relative within the fourth degree of consanguinity or affinity or the adoptee is the legitimate child of the adopting spouse.

  • The consent of the adopting spouse is not sufficient to satisfy the requirement of joint adoption. Each spouse must meet the necessary qualifications and requirements.

  • Parental authority includes caring for and rearing the children for their well-being.

  • Joint adoption is necessary when the petitioner is married at the time the petition for adoption is filed.

  • The filing of a case for dissolution of marriage is not equivalent to a decree of dissolution of marriage.

  • Reckless imprudence resulting in homicide requires the concurrence of two elements: (1) the commission of a prohibited act or the failure to take precautionary measures which would have prevented the resulting harm; and (2) the death of a person or persons by reason of that act or omission.

  • The victim's own negligence or participation in an illegal and dangerous activity may be considered as a supervening event that breaks the chain of causation, thereby relieving the accused of criminal liability.

  • To hold the accused liable for the crime, it is necessary to establish that the harm caused was the direct and natural consequence of the defendant's acts or omissions. If the victim's negligence was the immediate and proximate cause of the resulting harm, the accused cannot be held liable.