Can foreign adoptions be registered and recorded in the local civil register? This is the issue raised in this case which occurred way back in 1959.
The adoption in this case started in Madrid Spain at the instance of Doña Juana, then 84 years old, adopting Margarita, 55 years old, a citizen of the Philippines. Both were residents of Madrid, Spain.
The Court of Madrid, Spain granted the application for adoption of Doña Juana, and pursuant to the Codigo Civil of Spain, an adoption document had to be drawn up containing the court order of adoption that would be registered in the Civil Register.
So a notarial document of adoption (Escritura de Adopcion) was executed before a notary public in Madrid wherein Doña Juana instituted Margarita as her sole and universal heir of all her properties, real and personal, present and future.
Pursuant to our laws, this Escritura de Adopcion was authenticated by our Consular Officer in Madrid Spain who issued the corresponding certificates of authentication.
Subsequently, this document of adoption was filed in the office of the Local Civil Registrar in Manila. The Registrar, however, refused to register the document on the ground that under Philippine Law, adoption can only be had through judicial proceedings. And since the notarial document of adoption is not a judicial proceeding, it is not entitled to registration. The local civil registrar based its action on Art. 409 of the Civil Code and Section 11 of Act 3753 establishing a Civil Register. Under these laws, it shall be the duty of the Clerk of the Courts which issued the decree of adoption (among others) to have the said decree recorded in the office of the Civil Registrar, since these laws speak of judicial decree of adoption, it is clear that only adoptions effected thru judicial proceedings in court are registrable in the civil register. Was the Civil Registrar correct?
No. It is at once apparent that the cited legal provisions refer to adoptions affected in the Philippines. For indeed, Art. 409 of the Civil and Sec. 11 of the Registry Law (Act. 3753) speak of adoption which shall be registered in the municipality or city where the court issuing the adoption decree is functioning. It does not mean, however, that what is registrable is only adoption obtained thru a judgment rendered by the Philippine Court. These laws do not explicitly prohibit the registration of foreign adoption. They were incorporated into the statute books merely to give effect to our law which required judicial proceedings for adoption. Limitation of registration of adoption to those granted by Philippine courts is a misconception. For if registration is to be narrowed down to local adoption, it is the function of Congress, not this court, to spell out such limitation. The court cannot carve out a prohibition where the law does not so state. Excessive rigidity serves no purpose. On the other hand, Act 3753 Sec. 1 recites that a civil register is established for recording the civil status of persons in which shall be entered amongst others..."(g) adoptions." Article 407 and 408 of the Civil also directs that the following shall be entered in the Civil Register... "(8) adoption." The law is clear. The compulsory tenor of the word "shall," leaves no alternative. It is a command.
The status of adoption once created under the proper foreign law will be recognized in this country except where public policy or the interests of its inhabitants forbid its enforcement and demand the substitution of the lex fori (foreign law).
Therefore, an adoption created under the law of a foreign country is entitled to registration in the corresponding civil register of the Philippines. It is to be understood, however, that the effects of such adoption shall be governed by the laws of this country (Marcaida vs. Aglubut G.R. L 24006 November 25, 1967).
In view of the present provision of the Family Code (Art. 184) that an alien may not, as a general rule, adopt a Filipino citizen, the adoption of Margarita, by Doña Juana who was apparently a Spaniard, while registrable, may have no effect here.
Atty. Sison's e-mail address is: sison@ipaglabanmo.org