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Philippine Bar review · Question

Practice question: Recovery of Legal Custody and Restoration of Parental Authority

Multiple Choice Hard

Practice question

A CDCLAA petition is pending before NACC when biological parents seek recovery. They demand that the relevant11642 framework be ignored because no adoption petition exists yet. Which follows11767 Section12?
  1. A pending CDCLAA petition is expressly included in its11642 referral
  2. Only a final adoption can invoke11642
  3. The statutory referral depends on the finder’s consent alone
  4. A pending legal-availability proceeding has no legal relevance
  5. The parents may privately cancel every pending proceeding

Legal references

  • RA11767 Foundling Recognition and Protection Act: https://lawphil.net/statutes/repacts/ra2022/ra_11767_2022.html Section12.
  • RA11642 Domestic Administrative Adoption and Alternative Child Care Act: https://lawphil.net/statutes/repacts/ra2022/ra_11642_2022.html Section11.

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