[Solved] A and B are married. A filed a petition for adoption alone but B consented to the adoption by executing an affidavit of consent and testified in court giving his consent to the adoption. Will the petition prosper?

Q.	A and B are married. A filed a petition for adoption alone but B consented to the adoption by executing an affidavit of consent and testified in court giving his consent to the adoption. Will the petition prosper?
A.	No, because it is not a joint petition;
B.	No, because the requirement of a joint petition for adoption is mandatory;
C.	Yes, for while the procedural statute requires a joint adoption by the spouses, yet it must not be applied to defeat the benevolent intention of the adopter, that is to promote the welfare of the child; (Daoang v. Mun. Judge of San Nicolas, Ilocos Norte, 159 SCRA 369)
D.	No, because adoption rules are mandatory.
Answer» C. Yes, for while the procedural statute requires a joint adoption by the spouses, yet it must not be applied to defeat the benevolent intention of the adopter, that is to promote the welfare of the child; (Daoang v. Mun. Judge of San Nicolas, Ilocos Norte, 159 SCRA 369)

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