RULE 100

RESCISSION AND REVOCATION OF ADOPTION

 
Sec. 1. Who may file petition; grounds. - A minor or other
incapacitated person may, through a guardian or guardian ad
litem, petition for the rescission or revocation of his or her
adoption for the same causes that authorize the deprivation of
parental authority.chanrobles virtualawlibrary

The adopter may, likewise, petition the court for the rescission
or revocation of the adoption in any of these cases: chanroblesvirtuallawlibrary

(a) If the adopted person has attempted against the life of

the adopter;

(b) When the adopted minor has abandoned the home of the
adopter for more than three (3) years;

(c) When by other acts the adopted person has repudiated the
adoption.

Sec. 2. Order to answer. - The court in which the petition is

filed 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 a copy of the petition shall be served on
the adverse party in such manner as the court may direct. chanrobles virtualawlibrary

Sec. 3. Judgment. - If upon trial, on the day set therefor, the

court finds that the allegations of the petition are true, it
shall render judgment ordering the rescission or revocation of
the adoption, with or without costs, as justice requires.
chanrobles virtua law library

Sec. 4. Service of judgment. - A certified copy of the judgment

rendered in accordance with the next preceding section shall be
served upon the civil registrar concerned, within thirty (30)
days from rendition thereof, who shall forthwith enter the action
taken by the court in the register.

Sec. 5. Time within which to file petition. - A minor or other

incapacitated person must file the petition for rescission or
revocation of adoption within the five (5) years following his
majority, or if he was incompetent at the time of the adoption,
within the years following the recovery from such incompetency.

The adopter must also file the petition to set aside the adoption
within five (5) years from the time the cause or causes giving
rise to the rescission or revocation of the same took place. chan
robles virtual law library