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Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

Parents voluntarily committed a child and signed a DVC two months ago. They now petition the NACC and offer evidence that they can adequately meet the child’s needs. No completed adoption or other barrier is assumed. Under RA 11642 section 11, what is correct?
  1. Restoration is automatically prohibited forever
  2. The petition falls within the three-month filing condition, but adequacy and the governing welfare requirements must still be established
  3. Any oral request automatically cancels the DVC
  4. The only condition is paying the finder
  5. The NACC must ignore the child’s needs

Legal references

  • https://lawphil.net/statutes/repacts/ra2022/ra_11767_2022.html — RA 11767, section 12
  • https://lawphil.net/statutes/repacts/ra2022/ra_11642_2022.html — RA 11642, section 11, voluntary commitment and restoration

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