Santos, et al. vs. Aranzanso, et al., No. L-23828, February 28, 1966

Facts: A petition for adoption of Paulina, 17 years old and Aurora Santos, 8 years old, was filed by Simplicio Santos and Juliana Reyes in the CFI of Manila. It was alleged that both parents of the minors have long been unheard from and could not be found in spite of diligent efforts to locate them; that since the war said minors have been abandoned; and that for years since their infancy, said children have been continuously been in petitioners’ care and custody. The consent to the adoption has been given by the guardian ad litem appointed by the Court. After due publication and hearing, the adoption court granted the petition for the adoption. Subsequently – eight years later – Juliana Reyes died intestate. Simplicio Santos filed a petition for the settlement of the intestate estate of the former, stating among other things that the surviving heirs of the deceased are: he, Paulina Santos and Aurora Santos. He also asked that he be appointed administrator of the estate. Gregoria Aranzanso, alleging to be the first cousin of the deceased, filed an opposition to the petition for appointment of administrator, asserting among others that the adoption of Paulina and Aurora Santos is void ab initio for want of the written consent of their parents, who were then living and had not abandoned them. Demetria Ventura, alleging likewise to be the first cousin of the deceased and mother of Paulina opposed also the petition of Simplicio and adopted the pleadings filed by Aranzanso. The Court of Appeals sustained respondent-oppositors right to make a collateral attack against the adoption decree on the ground of failure to obtain the consent of the natural parents was a jurisdictional defect rendering the adoption void ab initio. Issue: WON a decree of adoption could be assailed collaterally in a settlement proceeding. Held: No. Firstly, consent of the parents is not an absolute requisite if child was abandoned, consent by the guardian ad litem suffices. Second, in adoption proceedings, abandonment imports “any conduct on the part of the parent which evinces a settled purpose to forgo 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 to their children.” Third, the settled rule is that even when the jurisdiction of an inferior tribunal depends upon the existence of a fact to be established before it, the determination of that fact by the tribunal cannot be questioned in a collateral attack upon its order. Hence, the CA erred in reviewing under a collateral attack, the determination of the adoption court that the parents of the adopted children had abandoned them.