Revisiting the Philippine Laws on Adoption: Issues on Succession

Cite as: 53 Ateneo L.J. 844 (2001)
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Revisiting the Philippine Laws on Adoption: Issues on Succession

Jean C. Hui

53 Ateneo L.J. 844 (2001)

Subject(s):        Succession, Domestic Adoption Act, Family Code

Keyword(s):     adoption, succession, rights

The Domestic Adoption Act of 1998 (Republic Act No. 8552) has raised questions on its effect on the Law on Succession. The Article compares the various rules and laws on succession and the Author attempts to answer whether the Domestic Adoption Act has repealed the succession provisions found in the Family Code.

The Author adopts the view that the successional provisions in the Family Code and the Domestic Adoption Act should be harmonized and reconciled as to give effect to successional rights. The statutory mechanisms on repeals also favor the above interpretation. Because of the current state of confusion, there is a need to amend the provisions of the Civil Code on Succession.

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