This web
page features the full text ofCIRCULAR
NO. 12.[1986]
CIRCULAR
NO. 12[1986]
TO:
ALL
THE JUDGES OF THE REGIONAL TRIAL COURTS HEARING ADOPTION CASES
SUBJECT:
ADOPTION CASES.
Reports have reached
this Court that some Regional Trial Court Judges handling adoption
cases
do not strictly adhere to the provisions of Article 33 of P. D. 603,
otherwise
known as "The Child and Youth Welfare Code", on the requirement
of a case study of the child to be adopted, his natural parents as well
as the prospective adopting parents and that they do not hear
personally
the said cases.
Henceforth, Regional
Trial Court Judges hearing adoption cases are hereby directed:chanroblesvirtuallawlibrary
[1] to
notify the
Ministry of Social Services and Development, thru its local agency, of
the filing of adoption cases or the pendency thereof with respect to
those
cases already filed;
[2] to
strictly comply
with the requirement in Article 33 of the aforesaid Decree that:chanroblesvirtuallawlibrary
"No
petition for
adoption shall be granted unless the Department of Social Welfare (now
the Ministry of Social Services and Development), or the Social Work
and
Counselling Division, in the case of Juvenile and Domestic Relations
Courts
(now defunct), has made a case study of the child to be adopted, his
natural
parents as well as the prospective adopting parents, and has submitted
its reports and recommendations on the matter to the Court hearing such
petition. The Department of Social Welfare (now the Ministry of Social
Services and Development) shall intervene on behalf of the child if it
finds, after such a case study, that the petition should be denied."
The Staff
Assistant
V (Social Worker) of the Regional Trial Courts, if any, shall
coordinate
with the Ministry of Social Services and Development representatives in
the preparation and submittal of such case study.
[3] to
personally
hear all adoption cases and desist from the practice of delegating the
reception of evidence of the petitioner to the Clerk of Court.
Strict compliance herewith
is hereby enjoined.
October 2, 1986.
[Sgd.]
CLAUDIO
TEEHANKEE Chief
Justice
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