Adoption Vii Viii

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SEC. 19. Rescission of Adoption of the Adoptee. – The petition shall be verified and filed by the adoptee who is over eighteen (18) years of age, or with the assistance of the Department, if he is a minor, or if he is over eighteen (18) years of age but is incapacitated, by his guardian or counsel. The adoption may be rescinded based on any of the following grounds committed by the adopter: (1) repeated physical and verbal maltreatment by the adopter despite having undergone counseling; (2) atte
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  SEC. 19. Rescission of Adoption of the Adoptee. – The petitionshall be verified and filed by the adoptee who is over eighteen(18) years of age, or with the assistance of the Department, if heis a minor, or if he is over eighteen (18) years of age but isincapacitated, by his guardian or counsel.The adoption may be rescinded based on any of the followinggrounds committed by the adopter:(1) repeated physical and verbal maltreatment by theadopter despite having undergone counseling;(2) attempt on the life of the adoptee;(3) sexual assault or violence; or (4) abandonment or failure to comply with parentalobligations.Adoption, being in the best interests of the child, shall not besubject to rescission by the adopter. However, the adopter maydisinherit the adoptee for causes provided in Article 919 of theCivil Code.SEC. 20. Venue. – The petition shall be filed with theFamily Courtof the city or province where the adoptee resides.SEC. 21. Time within which to file petition. – The adoptee, if incapacitated, must file the petition for rescission or revocationof adoption within five (5) years after he reaches the age of majority, or if he was incompetent at the time of the adoption,within five (5) years after recovery from such incompetency.  SEC. 22. Order to Answer. – The court shall issue an order requiring the adverse party to answer the petition within fifteen(15) days from receipt of a copy thereof. The order and copy of the petition shall be served on the adverse party in such manner as the court may direct.SEC. 23. Judgment. – If the court finds that the allegations of the petition are true, it shall render judgment ordering therescission of adoption, with or without costs, as justice requires.The court shall order that the parental authority of the biological parent of the adoptee, if known, or the legal custody of theDepartment shall be restored if the adoptee is still a minor or incapacitated and declare that the reciprocal rights andobligations of the adopter and the adoptee to each other shall beextinguished.The court shall further declare that successional rights shallrevert to its status prior to adoption, as of the date of judgmentof judicial rescission. Vested rights acquired prior to judicialrescission shall be respected.It shall also order the adoptee to use the name stated in hissrcinal birth or foundling certificate.The court shall further order the Civil Registrar where theadoption decree was registered to cancel the new birth certificateof the adoptee and reinstate his original birth or foundlingcertificate.SEC. 24. Service of Judgment. – A certified true copy of the judgment together with a certificate of finality issued by theBranch Clerk of the Court which rendered the decision in  accordance with the preceding Section shall be served by the petitioner upon the Civil Registrar concerned within thirty (30)days from receipt of the certificate of finality. The CivilRegistrar shall forthwith enter the rescission decree in theregister and submit proof of compliance to the court issuing thedecree and the Clerk of Court within thirty (30) days fromreceipt of the decree.The Clerk of Court shall enter the compliance in accordancewith Section 17 hereof.SEC. 25. Repeal. - This supersedes Rule 99 on Adoption andRule 100 of the Rules of Court.
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