Can An Adult Be Adopted?

Yes, an adult can be adopted provided that prior to the adoption, said person has been consistently considered and treated by the adopter as his/her own child since minority, provided further that adoptee, the children of the adopter, and the spouse of the adoptee, if any, give their consent to the adoption, as provided for in Sec. 8 and 9 of the Domestic Adoption Act.  

DOMESTIC ADOPTION ACT, RA 8552:

Section 8. Who May Be Adopted. – The following may be adopted:

(a) Any person below eighteen (18) years of age who has been administratively or judicially declared available for adoption;

(b) The legitimate son/daughter of one spouse by the other spouse;

(c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy;

(d) A person of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopter(s) as his/her own child since minority; ***Can a 22-yr.old person be adopted?

(e) A child whose adoption has been previously rescinded; or

(f) A child whose biological or adoptive parent(s) has died: Provided, That no proceedings shall be initiated within six (6) months from the time of death of said parent(s).

Section 9. Whose Consent is Necessary to the Adoption. – After being properly counseled and informed of his/her right to give or withhold his/her approval of the adoption, the written consent of the following to the adoption is hereby required:

(a) The adoptee, if ten (10) years of age or over;

(b) The biological parent(s) of the child, if known, or the legal guardian, or the proper government instrumentality which has legal custody of the child;

(c) The legitimate and adopted sons/daughters, ten (10) years of age or over, of the adopter(s) and adoptee, if any;

(d) The illegitimate sons/daughters, ten (10) years of age or over, of the adopter if living with said adopter and the latter's spouse, if any; and

(e) The spouse, if any, of the person adopting or to be adopted.

Prejudicial Question

A prejudicial question is defined to be that which arises in a case, the resolution of which question is a logical antecedent of the issue involved in said case, and the cognizance of which pertains to another tribunal. 

ELEMENTS of a PREJUDICIAL QUESTION:

(a) the previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action; and

(b) the resolution of such issue determines whether or not the criminal action may proceed.

REQUISITES of a PREJUDICIAL QUESTION:

The following requisites must be present for a civil action to be considered prejudicial to a criminal case as to cause the suspension of the criminal proceedings until the final resolution of the civil case: 

(1) the civil case involves facts intimately related to those upon which the criminal prosecution would be based; 

(2) in the resolution of the issue or issues raised in the civil action, the guilt or innocence of the accused would necessarily be determined; and 

(3) jurisdiction to try said question must be lodged in another tribunal.

Prejudicial question has been defined to be that which arises in a case, the resolution of which question is a logical antecedent of the issue involved in said case, and the cognizance of which pertains to another tribunal. The prejudicial question must be determinative of the case before the court; that is its first element. Jurisdiction to try said question must be lodged in another tribunal; this is the second element. 

In an action for bigamy for example, if the accused claims that the first marriage is null and void and the right to decide such validity is vested in another tribunal, the civil action for nullity must first be decided before the action for bigamy can proceed; hence, the validity of the first marriage is a prejudicial question. (People v. Aragon, 50 Off. Gaz. No. 10, 4863).