Republic of the Philippines vs. Court of Appeals and Zenaida C. Bobiles G.R. No. 92326

Republic of the Philippines, Petitioner  vs.
Court of Appeals and Zenaida C. Bobiles, Respondents
G.R. No. 92326
24 January 1992
 
 
Facts:

• February 2, 1988:  Ms.Zenaida C.  Bobiles filed a petition to adopt 6-year-old Jason Condat.
• February 15, 1988, Trial court found petition sufficient in form and substance
•  Copies sent to father of the child (Salvador Condat), and the social worker assigned to the court. 
• March 28, 1988: Nobody appeared in to contest petition
• August 3, 1988: Family Code takes effect. It states that joint adoption by husband and wife becomes mandatory under new law
• RTC grants petition to adopt the minor Jason Condat to Ms Zenaida Bobiles
• CA ruling: affirms RTC ruling

 
Issue:

1. Can the Family Code be applied retroactively to the petition for adoption filed by Ms. Zenaida Bobiles and (2) should the petition to adopt Jason be granted considering only Zenaida Bobiles filed the petition?

 
Ruling:

1. No. Article 246 of the Family Code provides for retroactive effect of appropriate relevant provisions thereof, subject to the qualification that such retrospective application will not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws. (2) Yes. In determining whether or not to set aside the decree of adoption the interests and welfare of the child are of primary and paramount consideration. The rights concomitant to and conferred by the decree of adoption will be for the best interests of the child. His adoption is with the consent of his natural parents.