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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Facts: In Regional Trial Court of Cebu City, a married couple Marco and Liza petition for the domestic adoption of their 7-year-old nephew Jay, who has lived with them since age 4 under the guardianship of the Social Welfare Office. Jay's biological mother is alive and has signed a voluntary consent to adoption; Jay's biological father is unknown. The petition is supported by a home study report and a guardian ad litem's recommendation. After diligent attempts to serve the mother personally, the RTC orders service by publication for three consecutive weeks. Following a hearing, the court grants the petition and issues an Adoption Decree. The mother later files a motion for reconsideration, arguing that service by publication violated due process and that consent was not properly obtained. Which statement most accurately describes the essential steps in the process to validly grant a domestic adoption under RA 11642, the treatment of consent and termination of parental authority, and the remedy for due-process challenges, as applied to this case?

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G: The court may proceed with adoption even if the mother is not served personally as long as publication is made and the mother fails to appear, because publication suffices under RA 11642. E: Parental consent is required, but termination of parental authority is a separate judicial act that must be ordered at the same time as the adoption decree; service by publication is never permissible in domestic adoption. A: Essential steps include (1) determine adoptive-parents’ eligibility; (2) secure the biological mother’s consent and obtain a court order terminating parental authority; (3) conduct a home study and appoint a guardian ad litem; (4) locate and serve all parties with summons; (5) if a party cannot be personally served after due diligence, order service by publication for three consecutive weeks; (6) hold a hearing and issue an Adoption Decree; and the remedy for due-process challenges is to set aside or remand the decree to cure defective service and ensure termination of parental authority; in this case, the mother’s consent alone is not sufficient. C: Home study and guardian ad litem are optional; the crucial step is obtaining the mother's consent; the court may proceed with adoption decree regardless of service status; remedy: none.

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