Family Court Branch 2-FC Daraga, Albay

26/03/2026

The (SC) has ruled that a certification declaring a child legally available for adoption is required even when the child is voluntarily surrendered by the mother.

In a Decision written by Associate Justice Japar B. Dimaampao, the SC’s Third Division upheld the Regional Trial Court (RTC)’s dismissal of an adoption petition because it did not include a certification from the Department of Social Welfare and Development (DSWD).

The case began when a mother, soon after giving birth, left her baby in the care of Eleazar Robiso (Robiso) and his parents. A year later, Robiso filed a petition for adoption before the RTC.

To support his petition, Robiso submitted an 𝘈𝘧𝘧𝘪𝘥𝘢𝘷𝘪𝘵 𝘰𝘧 𝘊𝘰𝘯𝘴𝘦𝘯𝘵 𝘵𝘰 𝘈𝘥𝘰𝘱𝘵𝘪𝘰𝘯 𝘢𝘯𝘥 𝘎𝘳𝘢𝘯𝘵 𝘰𝘧 𝘊𝘶𝘴𝘵𝘰𝘥𝘺 𝘰𝘧 𝘊𝘩𝘪𝘭𝘥, executed by the mother. In the affidavit, the mother said she could not financially support her child. She entrusted the child and her parental authority to Robiso.

When both the RTC and the Court of Appeals dismissed his petition for lack of a DSWD certification clearing the child legally available for adoption, as required by RA 9523, Robiso filed a petition for review on 𝘤𝘦𝘳𝘵𝘪𝘰𝘳𝘢𝘳𝘪 before the SC, arguing that the certification was required only for abandoned, neglected, or voluntarily committed children.

The SC disagreed and denied Robiso’s petition.

In adoption cases, RA 9523 requires a DSWD certification declaring a child legally available for adoption. The law’s implementing rules clarified that the requirement applies to surrendered, abandoned, neglected, and dependent children.

Although the law does not define a 𝘴𝘶𝘳𝘳𝘦𝘯𝘥𝘦𝘳𝘦𝘥 𝘤𝘩𝘪𝘭𝘥, it defines a 𝘷𝘰𝘭𝘶𝘯𝘵𝘢𝘳𝘪𝘭𝘺 𝘤𝘰𝘮𝘮𝘪𝘵𝘵𝘦𝘥 𝘤𝘩𝘪𝘭𝘥 as one whose parents or legal guardian knowingly and willingly give up parental authority to the DSWD or an accredited child-placement or child-caring agency. The law's implementing rules adopt the same definition for a surrendered child.

The SC added that the law should be read together with Article 154 of Presidential Decree No. 603, or the 𝘊𝘩𝘪𝘭𝘥 𝘢𝘯𝘥 𝘠𝘰𝘶𝘵𝘩 𝘞𝘦𝘭𝘧𝘢𝘳𝘦 𝘊𝘰𝘥𝘦, which treats a child surrendered to an individual as a voluntarily committed child.

It explained: “When a parent—often a mother acting under difficult circumstances, as in this case—entrusts her child to another's care, the child is legally considered voluntarily committed. For purpose of adoption, the prospective adopter must therefore first secure the necessary DSWD certification.”

However, the SC clarified that Robiso may still pursue the proper remedy, including the streamlined administrative adoption process under RA 11642, or the 𝘋𝘰𝘮𝘦𝘴𝘵𝘪𝘤 𝘈𝘥𝘮𝘪𝘯𝘪𝘴𝘵𝘳𝘢𝘵𝘪𝘷𝘦 𝘈𝘥𝘰𝘱𝘵𝘪𝘰𝘯 𝘢𝘯𝘥 𝘈𝘭𝘵𝘦𝘳𝘯𝘢𝘵𝘪𝘷𝘦 𝘊𝘩𝘪𝘭𝘥 𝘊𝘢𝘳𝘦 𝘈𝘤𝘵, which took effect in 2022.

Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=162472.

Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=162466.

Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attribution-policy/.

12/03/2026

25/11/2025

Family Court Branch 2-FC Daraga, Albay joins the 18-Day Campaign to End Violence Against Women (VAW), observed every November 25 to December 12.

With the theme “UNiTEd for a VAW-free Philippines” (2022–2027), we stand with the global movement calling for awareness, action, and solidarity.

For 2025, the campaign emphasizes a whole-of-nation approach—uplifting the voices of youth as changemakers, men as allies, bystanders as empowered responders, and local leaders as drivers of policy and progress. Together, we work toward ending gender-based violence, empowering survivors, and promoting justice.

23/07/2025

11/11/2024

Family Court Branch 2 Daraga, Albay joins the observance of the 18-Day Campaign to End Violence Against Women (VAW), which takes place from November 25 to December 12 of each year, as part of a global movement to raise awareness and mobilize action to stop violence against women. This year's campaign theme is "VAW Bigyang Wakas, Ngayon na ang Oras!" which highlights the 20th anniversary of the signing of the Anti-VAWC Act of 2004 (RA 9262).

Visit the campaign webpage here: bit.ly/vawfreeph2024

20/09/2024

The Supreme Court has ruled that foreign divorce decrees do not require judicial proceedings abroad to be recognized in the Philippines.

The Court ruled that Filipinos who were previously married to foreigners can seek judicial recognition of their foreign divorce under Article 26, paragraph 2 of the Family Code. The type of divorce, whether administrative or judicial, does not matter. As long as the divorce is valid under the foreign spouse's national law, it will be recognized in the Philippines for the Filipino spouse.

The Court emphasized that Article 26(2) aims to prevent a situation where a foreign spouse can remarry while the Filipino spouse remains bound by the marriage.

The Court also clarified that under Office of the Court Administrator (OCA) Circular No. 157-2022-A, the OCA’s compilation of foreign divorce laws serves only as a preliminary reference for courts but does not dispense with the requirements of proving foreign divorce laws under the Revised Rules on Evidence.

Read the full press release: https://sc.judiciary.gov.ph/sc-recognition-of-divorce-not-limited-to-those-decreed-by-foreign-courts/

Read the full text of the Decision: https://sc.judiciary.gov.ph/249238-republic-of-the-philippines-vs-ruby-cuevas-ng-a-k-a-ruby-ng-sono/

20/09/2024

WORK SUSPENSION: All courts nationwide suspend work 𝘀𝘁𝗮𝗿𝘁𝗶𝗻𝗴 𝟯:𝟬𝟬 𝗣.𝗠. on Monday, September 23, 2024, in view of Proclamation No. 60, s. 1992 declaring the last week of September every year as Family Week and Proclamation No. 326, s. 2012 declaring the fourth Monday of September of every year as “Kainang Pamilya Mahalaga” Day.

31/08/2024

Do you have questions on the new eFiling Guidelines for civil cases?

Check the Frequently Asked Questions (FAQs) for litigants and counsels on the eFiling microsite at: https://sc.judiciary.gov.ph/electronic-filing/

19/06/2024

The Supreme Court has issued Memorandum Order No. 72-2024 creating a specific channel, through [email protected], where the public can send actionable information on violations of corruption laws and ethics rules involving Justices, judges, and court personnel.

Read more at: https://sc.judiciary.gov.ph/memorandum-order-no-72-2024/