Case Title: Rosario & Joanne Castro vs. Jed & Regina Gregorio; GR No.

188801; October 15,

2014.

Legal Doctrine: The policy of the law is clear. In order to maintain harmony, there must be a
showing of notice and consent. This cannot be defeated by mere procedural devices. In all
instances where it appears that a spouse attempts to adopt a child out of wedlock, the other
spouse and other legitimate children must be personally notified through personal service of
summons. It is not enough that they be deemed notified through constructive service.

Facts: The parties here are: Atty. Jose Castro, as the adopter; Rosario & Joanne Castro, as the
wife and daughter, respectively, of Atty. Jose Castro; Larry Gregorio, as the male driver and
lover of Atty. Jose Castro; Lilibeth Gregorio, as the wife of Larry; and Jed & Regina Gregorio as
the legitimate children of the Gregorios.

Atty. Jose was 70 years old when he filed the adoption petition, to which he desired the
adoption of Jed & Regina Gregorio. Jed & Gregorio have been in Atty. Jose’s custody since the
death of Lilibeth. In 1995, the Trial Court approved the adoption petition there being no
opposition from any person. However, in 2007, Rosario & Joanne filed a petition for annulment
of judgment approving the adoption, alleging that they only learned the adoption year 2005 and
that Rosario’s consent was fraudulently taken. Rosario added that Atty. Jose only adopted Jed &
Regina out of his romantic affection for his male driver, Larry. The Court of Appeals denied the
petition holding that there is no explicit provision in the rules that the spouse and legitimate
child of the adopter should be personally notified of hearing. Hence, this petition.

Issue: Whether or not the Trial Court should have personally notified the spouse and the child,
and not just constructive notice through publication.

Ruling of the Court: Yes, the Trial Court should have personally notified the spouse and the
child, and not just constructive notice through publication. The policy of the law is clear. In
order to maintain harmony, there must be a showing of notice and consent. This cannot be
defeated by mere procedural devices. In all instances where it appears that a spouse attempts to
adopt a child out of wedlock, the other spouse and other legitimate children must be personally
notified through personal service of summons. It is not enough that they be deemed notified
through constructive service. Here, petitioners were not personally notified. Hence, the
adoption should be declared void.

Dispositive Portion: WHEREFORE, the petition is GRANTED. The decision dated October 16,
2000 of the Regional Trial Court of Batac, Ilocos Norte, Branch 17 in SP. Proc. No. 3445-17 is
rendered NULL and VOID.

Digest By: Bataan, X.B.K.

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