SC CIRCULAR NO. 12, October 02, 1986

SC CIRCULAR NO. 12, October 02, 1986

Circulars October 2, 1986
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TO :
ALL 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 Art. 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 judoes heariny adoptior. ;ases are hereby directed:

(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 Act. 33 of the aforesaid decree that –

“No petition for adoption shall be oranted 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 report and
recommendations on the matter to the court hearrng 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 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 Develop-men::Ireprese.ntatives in” the preparation and sub-mit-.al
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 Cleck of Court.

Strict compliance herewith is hereby enjoined.

October 2, 1986.

 

(SGD.) CLAUDIO TEEHANKEE

 
Chief Justice