IV. OCA-Circular-No.-213-2017 PDF

Republic of the Philippines Supreme Court Office of the Court Administrator SMlanila OCA CIRCULAR NO. 213-2017 TO : ALL FAMILY COURTS AND CONCERNED REGIONAL TRIAL COURTS. SUBJECT: APPROVED RESOLUTION NO. 02-2017 OF THE COMMITTEE ON FAMILY COURTS AND JUVENILE CONCERNS (RE: PROPOSED GUIDELINES AND CLARIFICATION IN THE INTERPRETATION AND APPLICATION OF PERTINENT PROVISIONS OF REPUBLIC ACT NO. 8552 [DOMESTIC ADOPTION ACT OF 1998], REPUBLIC ACT NO. 8043 [THE INTER- COUNTRY ADOPTION ACT OF 1995], REPUBLIC ACT NO. 9523 [ACT REQUIRING CERTIFICATION OF THE DSWD TO DECLARE A “CHILD LEGALLY AVAILABLE FOR ADOPTION" AS PREREQUISITE FOR ADOPTION PROCEEDINGS], AND ADMINISTRATIVE MATTER NO. 02-6-02-SC [RULE ON ADOPTION], AS TO THE REQUIRED DOCUMENTS IN ADOPTION) For the information, guidance and strict compliance of all Family Courts and concerned Regional Trial Courts, appended herein as Annex “A” is the Committee on Family Courts and Juvenile Concerns (CFCJC) Resolution No. 02-2017: “Proposed Guidelines and Clarification in the Interpretation and Application of Pertinent Provisions of Republic Act No. 8552 (Domestic Adoption Act of 1998), Republic Act No. 8043 (The Inter-Country Adoption Act of 19950, Republic Act No. 9523 (Act Requiring Certification of the DSWD to Declare a ‘Child Legally Available For Adoption’ as Prerequisite For Adoption Proceedings), and Administrative Matter No. 02-6-02-SC (Rule On Adoption|, As to the Required Documents in Adoption.” The resolution was approved during the meeting of the CFCJC and its Technical Working Group on 14 July 2017. 23 October 2017 5 if — j IDAS P. MARQUEZ yurt AdministratorAnnex “A” Supreme Court of the Philippines Committee on Family Courts and Juvenile Concerns Resolution No. 02-2017 PROPOSED GUIDELINES AND CLARIFICATION IN THE INTERPRETATION AND APPLICATION OF PERTINENT PROVISIONS OF REPUBLIC ACT NO. 8552 (DOMESTIC ADOPTION ACT OF 1998), REPUBLIC ACT NO. 8043 (THE INTER-COUNTRY ADOPTION ACT OF 1995), REPUBLIC ACT NO. 9523 (AN ACT REQUIRING CERTIFICATION OF THE DSWD TO DECLARE A “CHILD LEGALLY AVAILABLE FOR ADOPTION” AS A PREREQUISITE FOR ADOPTION PROCEEDINGS), AND ADMINISTRATIVE MATTER NO. 02-6-02-SC (RULE ON ADOPTION), AS TO THE REQUIRED DOCUMENTS IN ADOPTION WHEREAS, the Supreme Court, by Memorandum Order No. 20-2014 dated August 13, 2014, created the Committee on Family Courts and Juvenile Concerns (CFCJC) with the mandate, among others, of “drafting a plan for the organization of the family courts,” and “monitoring. the implementation of the plan for the creation and organization of Family Courts including identification of procedural rules and guidelines;” WHEREAS, two consultation-workshops were conducted by the CFCJC in a National Summit for Family Courts held on September 16 and 17, 2015 and National Summit for Regional Trial Courts Handling Family Court Cases held on August 4 and 5, 2016, to determine and address issues affecting Family Courts, particularly, among others, the jurisdiction of Family Courts vis-a-vis first and second level regular courts, amendments to the rules of procedure, issuance of guidelines in the implementation of a uniform court procedure and the efficient handling of cases in the Family Courts;” WHEREAS, during the 2015 and 2016 National Summits, the participating Regional Trial Court Judges, designated as Family Court Judges, as well as Regional Trial Court Judges handling Family Court cases, arrived at a consensus that there is an urgent need to revise or modify certain existing guidelines or propose clarificatory guidelines to the Honorable Court Administrator, to address specific concerns raised during the National Summits, which will not require any amendment of the Rules of Court or existing laws;Supreme Court of the Dhilippines Committee on Family Courts and Juvenile Concerns Resolution No. 02-2017 WHEREAS, some of the issues raised during the 2015 and 2016 National Summits involve the application and interpretation of laws and the rule on adoption; NOW THEREFORE, the CFCIC hereby PROPOSES the following guidelines for the consideration and approval of the Honorable Court Administrator: I. STRICT COMPLIANCE WITH REPUBLIC ACT NO. 9523 (AN ACT REQUIRING CERTIFICATION OF THE DSWD TO DECLARE A “CHILD LEGALLY AVAILABLE FOR ADOPTION” AS A PREREQUISITE FOR ADOPTION PROCEEDINGS INVOLVING ABANDONED, SURRENDERED, OR NEGLECTED CHILDREN) Judges are enjoined to strictly comply with the provisions of Sec. 8 of Republic Act (R.A.) No. 9523 and its Implementing Rules and Regulations, requiring a Certification Declaring the Child Legally Available for Adoption (CDCLAA) from the DSWD as primary evidence in a domestic adoption proceeding, including the adoption of surrendered, abandoned, neglected, and dependent children. The only exceptions are adoption proceedings covered by subparagraphs (i), (ii), and (iii) of Section 4 of the Implementing Rules and Regulations of R.A. No. 9523. Judges are reminded of Section 10 of RA No. 9523, which states that a violation of any provision of the said law is punishable as provided below ‘SEC. 10. Penalty. — The penalty of One Hundred Thousand Pesos (P 100,000) to Two Hundred Thousand Pesos (P200,000) shalt be imposed on any person, institution, or agency who shall place a child for adoption without the certification that the child is legally available for adoption ued by the DSWD. Any agency or institution found violating any provision of this Act shall have its license to operate revoked without prejudice to the criminal prosecution of its officers and employees. Violation of any provision of this Act shall subject the government official or employee concerned to appropriate administrative, civil and/or criminal sanctions, including suspension and/or dismissal from the government service and forfeiture of benefits. JUSTIFICATION FOR THE PROPOSED GUIDELINE: This guideline will clarify that the CDCLAA required under Section 8 of No. 9523 is also required in petitions for adoption of 2

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