Herbert Cang vs Court of Appeals and Spouses Ronald V. Clavano and Maria Clara Clavano, G.

R. No. 105308. September 25, 1998, 296 SCRA 128

FACTS:

Petitioner and Ana Marie Clavano were married and begot three children. Ana Marie upon
learning of her husband's illicit liaison files a petition for legal separation with alimony
pendente lite which was approved. Petitioner then left for the United States where he sought a
divorce from Ana Marie. He was issued a divorce decree and granted sole custody of the
children to Ana Marie, reserving rights of visitation at all reasonable times and places to
petitioner. Private respondents who were the brother and sister-in-law of Ana Marie filed a
petition for adoption of the three minor Cang children. The trial court granted the petition for
adoption. Ana Marie was the only parent who gives consent to the adoption of their children.
The Court of Appeals affirmed the trial court's decision.

ISSUE:

Whether or not petitioner has abandoned his children, thereby making his consent to the
adoption unnecessary

RULING:

The law is clear that either parent may lose parental authority over the child only for a valid
reason. No such reason was established in the legal separation case. Deprivation of parental
authority is one of the effects of a decree of adoption. However, there cannot be a valid decree
of adoption in this case precisely because the findings of the lower courts on the issue of
abandonment of facts on record. The petition for adoption must be denied as it was filed
without the required consent of their father who, by law and under the facts of the case at bar,
has not abandoned them.