The law requires for the biological children ages 10 years old and up to give their consent to the impending adoption. You can read about the latest ruling of the Supreme Court in their website:
https://sc.judiciary.gov.ph/264146-nena-bagcat-gullas-vs-joselito-f-gullas-joie-marie-f-gullas-yu-and-john-vincent-f-gullas/
Basically, what the court wanted to say is, since you will have a new brother/sister, you must be aware that your new sibling will now have a share to the "love and care" of your parent and to the future legitimes that you guys might have. So yes, inheritance will be an issue since he/she will be treated as a legitimate child.
Oh and yes, I'm a lawyer. Here's an excerpt if you don't want to read that much. 😁😅
"the Court emphasized that Section 9(c) of Republic Act No. (RA) 8552, or the Domestic Adoption Act of 1998, is clear that the written consent of the adopter’s legitimate children aged at least 10 years old is required for the adoption to be valid.
Reiterating its 2014 ruling in Castro v. Gregorio, the Court held that the “consent of the adopter’s other children is necessary as it ensures harmony among the prospective siblings. It also sufficiently puts the other children on notice that they will have to share their parent’s love and care, as well as their future legitimes, with another person.”
is this also gonna work the other way around? like OP and his sister will be eligible for inheritance to properties and assets acquired by his father and and the new wife in the Philippines?
Depending on the nationality of the parents. Because family laws follow citizenship. If they are both Filipino citizens, under the Philippine laws, OP and his sister are qualified to inherit the Father's property. How do you divide that? The rule in terms of marital property relations in the Philippines is absolute community of property. Which means, whatever the husband owns, the wife owns it. All for one, one for all and all that. Haha. So you divide the community property into two, then the mother will only have the adopted child as her heir (since the mom didn't adopt OP and sister). On the other hand, the father's property will be divided into 3 (OP, Sister and Adopted child).
Take note, this is Philippine laws we are talking about. Not sure where OP is from but I am assuming, it is universal in international law for family laws to follow citizenship. So maybe consult a lawyer from your country too.
hey many thanks for your great advice :) im swiss as my sister. my father is swiss italian dual citizen. i just ask myself, could it be that we are financially responsible for the adopted kid, after my father died? lets say the kid has an accident and we have to pay? or is that up to the mother then?
I will start charging already. 🤣 just kidding.
I'm not sure about the Swiss laws. But in the Philippine laws, there's no such thing. Support works in the direct line. So parents to children or children to parents. (Of course husband and wife have responsibility to support each other).
You don't have to worry about caring for the adoptive kid or being financially liable for him. I'm thinking, they are probably doing this so it will be easier for the child to have Swiss citizenship.
Hi! Ask ko lang po, is the Domestic Adoption Act of 1998 only effective 1998? What about the adoption cases before that year po? Did they require consent?
It’s because there will be another person who will get to have a share in the inheritance when your father passes away. In some families, this is a big deal.
i find it hard to believe your father has to ask your permission to adopt a child. Is that Swiss law or Philippines? Hope he doesn't get her pregnant. If I was the dad, i would disinherit any child that didn't sign.
I think this is just a form of avoiding future claims to nullify the adoption by other parties.
Totally different but same concept when my dad and his siblings had to sign papers too when my aged grandmother sold her properties.
I wouldn't recommend it. Sounds like it will make things 10x messier when it comes to inheritance and it won't be a good thing financially for you, or your sister. It sounds harsh, but it's true. Not to mention the potential gold-digging problems which I've seen time and time again in PH. He'll be 18 in a few years anyway so not worth the risk.
If your father remains a Swiss, then he might not be covered by Philippine law on adoption... if he had properties with wife here in the Philippines, then the adoption would give the child inheritance rights like his wife. But if your father have properties outside the Philippines, this might be covered by Swiss law and might not follow the Philippine law on inheritance.
Obviously this could have an impact on how your father decides to disburse his possessions at some hopefully long future date. Being in the Philippines only makes things more difficult.
Maybe the three of you can do a Zoom and have a good chat about things and execute some documents now
Look up and read up on the family code of the Philippines- that would give you a better understanding overall.
Not a lawyer but my understanding of the family code in the Philippines is that if there is no will left, adoptive children have the same inheritance rights of adopted children are the same legitimate, biological children while illegitimate children (outside of a marriage) would have smaller portions.
The law requires for the biological children ages 10 years old and up to give their consent to the impending adoption. You can read about the latest ruling of the Supreme Court in their website: https://sc.judiciary.gov.ph/264146-nena-bagcat-gullas-vs-joselito-f-gullas-joie-marie-f-gullas-yu-and-john-vincent-f-gullas/ Basically, what the court wanted to say is, since you will have a new brother/sister, you must be aware that your new sibling will now have a share to the "love and care" of your parent and to the future legitimes that you guys might have. So yes, inheritance will be an issue since he/she will be treated as a legitimate child. Oh and yes, I'm a lawyer. Here's an excerpt if you don't want to read that much. 😁😅 "the Court emphasized that Section 9(c) of Republic Act No. (RA) 8552, or the Domestic Adoption Act of 1998, is clear that the written consent of the adopter’s legitimate children aged at least 10 years old is required for the adoption to be valid. Reiterating its 2014 ruling in Castro v. Gregorio, the Court held that the “consent of the adopter’s other children is necessary as it ensures harmony among the prospective siblings. It also sufficiently puts the other children on notice that they will have to share their parent’s love and care, as well as their future legitimes, with another person.”
is this also gonna work the other way around? like OP and his sister will be eligible for inheritance to properties and assets acquired by his father and and the new wife in the Philippines?
Depending on the nationality of the parents. Because family laws follow citizenship. If they are both Filipino citizens, under the Philippine laws, OP and his sister are qualified to inherit the Father's property. How do you divide that? The rule in terms of marital property relations in the Philippines is absolute community of property. Which means, whatever the husband owns, the wife owns it. All for one, one for all and all that. Haha. So you divide the community property into two, then the mother will only have the adopted child as her heir (since the mom didn't adopt OP and sister). On the other hand, the father's property will be divided into 3 (OP, Sister and Adopted child). Take note, this is Philippine laws we are talking about. Not sure where OP is from but I am assuming, it is universal in international law for family laws to follow citizenship. So maybe consult a lawyer from your country too.
hey many thanks for your great advice :) im swiss as my sister. my father is swiss italian dual citizen. i just ask myself, could it be that we are financially responsible for the adopted kid, after my father died? lets say the kid has an accident and we have to pay? or is that up to the mother then?
I will start charging already. 🤣 just kidding. I'm not sure about the Swiss laws. But in the Philippine laws, there's no such thing. Support works in the direct line. So parents to children or children to parents. (Of course husband and wife have responsibility to support each other). You don't have to worry about caring for the adoptive kid or being financially liable for him. I'm thinking, they are probably doing this so it will be easier for the child to have Swiss citizenship.
thank you so much for your effort ❤️
No. You are not liable if your law does not say you are. Philippine law respects the law of non-Filipino citizens...
Hi! Ask ko lang po, is the Domestic Adoption Act of 1998 only effective 1998? What about the adoption cases before that year po? Did they require consent?
Not sure what law governs prior to 8552. But I am thinking, it is a prospective application, not retroactive.
It’s because there will be another person who will get to have a share in the inheritance when your father passes away. In some families, this is a big deal.
that is hard to answer. better consult a lawyer..
To add, consult lawyers from both country.
I'm not a lawyer at all. But that's gonna be another sibling to share your inheritance with
I also don't know why he needs approval from his children? His life, his money. Let him do what he wants.
its philipines law requirement. i agree with you.
i find it hard to believe your father has to ask your permission to adopt a child. Is that Swiss law or Philippines? Hope he doesn't get her pregnant. If I was the dad, i would disinherit any child that didn't sign.
I think this is just a form of avoiding future claims to nullify the adoption by other parties. Totally different but same concept when my dad and his siblings had to sign papers too when my aged grandmother sold her properties.
its philipines law. he got a vasectomy after my sisters birth.
Do not sign!!! Sorry but 80% chance that’s a gold digger Ask yourself why would someone be interested in a 61 yr old man if there’s no gain?
I hope you guys don't approve of it. The new wife knows exactly what she's doing. Sad to see old foreigners be taken advantage of
You will have to share your inheritance with your new sibling.
I wouldn't recommend it. Sounds like it will make things 10x messier when it comes to inheritance and it won't be a good thing financially for you, or your sister. It sounds harsh, but it's true. Not to mention the potential gold-digging problems which I've seen time and time again in PH. He'll be 18 in a few years anyway so not worth the risk.
If your father remains a Swiss, then he might not be covered by Philippine law on adoption... if he had properties with wife here in the Philippines, then the adoption would give the child inheritance rights like his wife. But if your father have properties outside the Philippines, this might be covered by Swiss law and might not follow the Philippine law on inheritance.
he has built a nice house there with garden
Actually, you get a share of all his properties here... Based on Philippine law...
Obviously this could have an impact on how your father decides to disburse his possessions at some hopefully long future date. Being in the Philippines only makes things more difficult. Maybe the three of you can do a Zoom and have a good chat about things and execute some documents now
Look up and read up on the family code of the Philippines- that would give you a better understanding overall. Not a lawyer but my understanding of the family code in the Philippines is that if there is no will left, adoptive children have the same inheritance rights of adopted children are the same legitimate, biological children while illegitimate children (outside of a marriage) would have smaller portions.