This case has been cited 2 times or more.
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2006-11-24 |
CORONA, J. |
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| "A right is vested when the right to enjoyment has become the property of some particular person or persons as a present interest."[11] It is unalterable, absolute, complete and unconditional.[12] This right is perfect in itself; it is not dependent upon a contingency.[13] The concept of "vested right" expresses a "present fixed interest which in right reason and natural justice is protected against arbitrary state action."[14] It includes not only legal and equitable title to the enforcement of a demand but also exemptions from new obligations created after the right has become vested.[15] | |||||
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2005-03-31 |
SANDOVAL-GUTIERREZ, J. |
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| Adoption is defined as the process of making a child, whether related or not to the adopter, possess in general, the rights accorded to a legitimate child.[15] It is a juridical act, a proceeding in rem which creates between two persons a relationship similar to that which results from legitimate paternity and filiation.[16] The modern trend is to consider adoption not merely as an act to establish a relationship of paternity and filiation, but also as an act which endows the child with a legitimate status.[17] This was, indeed, confirmed in 1989, when the Philippines, as a State Party to the Convention of the Rights of the Child initiated by the United Nations, accepted the principle that adoption is impressed with social and moral responsibility, and that its underlying intent is geared to favor the adopted child.[18] Republic Act No. 8552, otherwise known as the "Domestic Adoption Act of 1998,"[19] secures these rights and privileges for the adopted.[20] | |||||