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    Cang Vs CA

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    Nath Antonio
    1) Herbert Cang contested the adoption of his 3 minor children by his brother-in-law and sister-in-law. 2) The Court of Appeals affirmed the adoption, holding that Herbert had abandoned his children as he failed to pay monthly support. 3) The Supreme Court held that Herbert did not abandon his children under Article 256 of the Family Code. While physically absent, Herbert maintained regular communication and sent packages, so he did not relinquish his parental duties and claims over his children. The adoption was not valid without Herbert's consent as he did not abandon his children.

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    Cang Vs CA

    Uploaded by

    Nath Antonio
    304 views2 pages
    1) Herbert Cang contested the adoption of his 3 minor children by his brother-in-law and sister-in-law. 2) The Court of Appeals affirmed the adoption, holding that Herbert had abandoned his children as he failed to pay monthly support. 3) The Supreme Court held that Herbert did not abandon his children under Article 256 of the Family Code. While physically absent, Herbert maintained regular communication and sent packages, so he did not relinquish his parental duties and claims over his children. The adoption was not valid without Herbert's consent as he did not abandon his children.

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    Rule 99 Remedial Law Review

    Original Title

    Cang vs CA

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    1) Herbert Cang contested the adoption of his 3 minor children by his brother-in-law and sister-in-law. 2) The Court of Appeals affirmed the adoption, holding that Herbert had abandoned his children as he failed to pay monthly support. 3) The Supreme Court held that Herbert did not abandon his children under Article 256 of the Family Code. While physically absent, Herbert maintained regular communication and sent packages, so he did not relinquish his parental duties and claims over his children. The adoption was not valid without Herbert's consent as he did not abandon his children.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    304 views2 pages

    Cang Vs CA

    Uploaded by

    Nath Antonio
    1) Herbert Cang contested the adoption of his 3 minor children by his brother-in-law and sister-in-law. 2) The Court of Appeals affirmed the adoption, holding that Herbert had abandoned his children as he failed to pay monthly support. 3) The Supreme Court held that Herbert did not abandon his children under Article 256 of the Family Code. While physically absent, Herbert maintained regular communication and sent packages, so he did not relinquish his parental duties and claims over his children. The adoption was not valid without Herbert's consent as he did not abandon his children.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    G.R. No.

    105308 September 25, 1998


    HERBERT CANG, petitioner,
    vs.
    COURT OF APPEALS and Spouses RONALD V. CLAVANO and MARIA CLARA
    CLAVANO, respondents.

    Ponente: Romero, J.

    Facts:
    1. Anna Marie filed a petition for legal separation upon learning of her husband's extramarital affairs,
    which the trial court approved the petition.
    2. Herbert sought a divorce from Anna Marie in the United States.
    3. The court granted sole custody of the 3 minor children to Anna, reserving the rights of visitation to
    Herbert.
    4. The brother and sister-in-law of Anna filed for the adoption of the 3 minor children.
    5. Herbert contested the adoption, but the petition was already granted by the court.
    6. CA affirmed the decree of adoption, holding that:
    a. Art. 188 of the FC requires the written consent of the natural parents of the children to be adopted, but
    the consent of the parent who has abandoned the child is not necessary.
    b. Herbert failed to pay monthly support to his children. Herbert elevated the case to the Court.
    Issue:
    Whether or not the 3 minor children be legally adopted without the written consent of a natural parent on
    the ground that Herbert has abandoned them.
    Held: Yes.
    Article 188 amended the statutory provision on consent for adoption, the written consent of the
    natural parent to the adoption has remained a requisite for its validity. Rule 99 of the Rules of the Court
    requires a written consent to the adoption signed by the child, xxx and by each of its known living parents
    who is not insane or hopelessly intemperate or has not abandoned the child.
    Article 256 of the Family Code requires the written consent of the natural parent for the decree of
    adoption to be valid unless the parent has abandoned the child or that the parent is "insane or hopelessly
    intemperate."
    In reference to abandonment of a child by his parent, the act of abandonment imports "any
    conduct of the parent which evinces a settled purpose to forego all parental duties and relinquish all
    parental claims to the child." It means "neglect or refusal to perform the natural and legal obligations of
    care and support which parents owe their children."
    In this case, however, Herbert did not manifest any conduct that would forego his parental duties
    and relinquish all parental claims over his children as to, constitute abandonment. Physical abandonment
    alone, without financial and moral desertion, is not tantamount to abandonment. While Herbert was

    physically absent, he was not remiss in his natural and legal obligations of love, care and support for his
    children. The Court find pieces of documentary evidence that he maintained regular communications with
    his wife and children through letters and telephone, and send them packages catered to their whims.

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