JUMALON, Jewelyn A.

4B

HERBERT CANG, petitioner, vs. COURT OF APPEALS and Spouses RONALD V.

CLAVANO and MARIA CLARA CLAVANO, respondents.
G.R. No. 105308; September 25, 1998, Romero, J.:

FACTS:
This case is a petition for review on certiorari over the Decision of CA affirming the decree of
adoption issued by the RTC of Cebu for the adoption of minors Keith, Charmaine and Joseph
Anthony all surnamed Cang, Spouses Clavano.

Minors’ parents are Hebert Cang (Petitioner) and Anna Marie Clavano. Anna Marie
subsequently filed for legal separation which was granted. Petitioner then left for US. Petitioner
sought a divorce decree there and was granted. Petitioner thereafter took an American wife and
thus became a naturalized American citizen. Later on, he divorced his American wife and never
remarried. While in U.S. Petitioner remitted money to the Philippines for his minor children.

Meanwhile, Spouses Clavano, here in the Philippines, filed a Special Proceedings for the
Adoption of the three (3) minor Cang children before the RTC of Cebu. 14 year old Keith, as
well as the mother Anna Marie, consented to said adoption and alleged that Petitioner abandoned
them and forfeited already his parental rights over their children. (Note: Anna Marie wants to
adopt her children to her relatives because she will go to U.S. as well to live there and find a job)

Upon learning of the petition for adoption, Petitioner immediately returned to the Philippines and
filed an opposition thereto. He alleged that although he has only meager finance compared to
Spouses. Clavano, he cannot allow anybody to strip him of his parental authority.

Pending resolution of the petition for adoption, Petitioner moved to reacquire custody over his
children alleging that Anna had gone to the US thereby leaving custody to their children to
Spouses. Clavano (Private Respondents). Such petition was granted and the Trial Court ordered
that the custody of the minor children should be transferred to their father.

Later on, the the Petition for Adoption was granted.

ISSUE:
Whether or not the adoption should be granted.

HELD:
NO.
No. Physical estrangement alone, without financial and moral desertion, is not tantamount to
abandonment.

As a general rule, the written consent of the natural parent is indispensable for the validity of the
decree of adoption. The requirement of written consent, however can be dispensed with if the
parent has abandoned the child or that such parent is insane or hopelessly intemperate.

In the instant case, records disclose that Petitioner’s conduct did not manifest a settled purpose to
forego all parental duties and relinquish all parental claims over his children as to constitute
abandonment.

While admittedly, Petitioner was physically absent as he was then in the US, he was not remiss
in his natural and legal obligations of love, care and support for his children. He maintained
regular communication with his wife and children through telephone calls and letters. He used to
send packages by mail and catered to their whims.