RULE 100

RESCISSION AND REVOCATION

OF ADOPTION
 Rescission relates only as to the date of the
judgment. Hence, vested rights prior to
rescission should be respected. (Sec. 20, Art. VI,
R.A. No. 8552)

 Applicability:
The grounds for revocation of an
adoption refer only to an adoption validly
decreed, not to an adoption void from the
beginning because tainted with fraud.
SECTION 1. WHO MAY FILE PETITION;
GROUNDS
 Adoptee
 Over 18 years of age; or
 If still a minor with assistance of DSWD.

 Guardian or counsel, if over 18 but incapacitated

GROUNDS FOR RESCISSION OR
REVOCATION (RASA):
 Repeated physical violence and verbal maltreatment
by the adopter despite having undergone counseling;
 Attempt on the life of the adoptee;
 Sexual assault or violence; or
 Abandonment or failure to comply with parental
obligations
SECTION 2. ORDER TO ANSWER
 Adverse party shall file his answer within fifteen (15)
days from receipt of order of court requiring him to
answer. (Sec. 22)
 The court does not have jurisdiction to annul
after the period fixed by the Rule, a decree of
adoption. For reasons of public order, judicial
litigations must have an end; hence, decisions
must not be changed after the expiration of the
period, it being beyond the jurisdiction or
control of courts.
SECTION 3. JUDGMENT
 Effects of Judgment of Rescission:
 Parental authority of biological parent or legal custody of
DSWD will be restored;
 Reciprocal rights of adoptee and adopter will be
extinguished;
 Vested rights acquired prior to judicial rescission shall be
respected;
 Successional rights shall revert to its status prior to adoption
as of the date of judgment of judicial rescission;
 Adoptee shall use the name stated in his original birth or
foundling certificate;
 Civil registrar will reinstate his original birth or foundling
certificate.
 Agreement between the adopter and adopted: A
subsequent agreement between them nor between adopter
and natural parents cannot by itself effectuate the
revocation of adoption.

 Collateral attack on the validity of adoption: The settled

rule is that a finding that the requisite jurisdictional fact
exists, whether erroneous or not, cannot be questioned in a
collateral proceeding, for a presumption arises in such
cases where the validity of the judgment is thus attacked
that the necessary jurisdictional facts were proven.
SECTION 5. TIME WITHIN WHICH TO
FILE PETITION
 Period within which to file verified petition
 Within five (5) years from reaching the age of
majority or after recovery from incompetency. (Sec.
21)