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.
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