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Taking into consideration that the adoption is intended for the best interest of the

child, the legal standing to rescind the adoption decree is given only to 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 as provided under Section 19 of Article VI of R.A. No.
8552. Whatever rights had been vested on the adoptee prior to the rescission of the adoption which
the adopted had decided shall be taken cognizance of. Such vested rights shall not be impaired.
Rescission of adoption can only be availed of by the adoptee (Castro et al. vs. Gregorio et
al., G.R. No. 188801, October 15, 20140. The right to rescind the adoption is not applicable to the
adopter. The adoptee may rescind such adoption under the grounds provided in Article 191 of the
Family Code;
Art. 191. If the adopted is a minor or otherwise incapacitated, the adoption may be
judicially rescinded upon petition of any person authorized by the court or proper
government instrumental acting on his behalf, on the same grounds prescribed for loss or
suspension of parental authority. If the adopted is at least eighteen years of age, he may
petition for judicial rescission of the adoption on the same grounds prescribed for
disinheriting an ascendant.

The grounds for rescission under the Section 19 of Article VI of R.A. No. 8552 which is
the amendment to Article 191 – the amendatory law provides;

Section 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The adoption may be rescinded based on any of the following grounds committed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) attempt on the life of the adoptee;

3) sexual assault or violence; or

4) abandonment or failure to comply with parental obligations.

Although the adopter cannot rescind the adoption, he can disinherit the adoptee based on
any of the grounds of disinheritance under Article 919 of the Civil Code.
Article 919 of the New Civil Code provides the grounds for disinheriting children
and descendants (grandchildren), legitimate as well as illegitimate.

1) When a child or descendant has been found guilty of an attempt against the life of the
testator, his or her own spouse, descendants or ascendants;

2) When a child or descendant has accused the testator of a crime for which the law
prescribes imprisonment for six years or more, if the accusation groundless;

3) When a child or descendant has been convicted of adultery or concubinage with the
spouse of the testator;

4) When a child or descendant by fraud, violence, intimidation or undue influence causes


the testator to make a will or to change one already made;

5) A refusal without justifiable cause to support the parent or ascendant who disinherits
such child or descendant;

6) Maltreatment of the testator by word or deed, by the child or descendant;

7) When a child or descendant leads a dishonorable or disgraceful life;

8) Conviction of a crime with the penalty of civil interdiction.

Once rescission is granted by the court, the reciprocal rights and obligations of the adopter
and the adoptee to each other shall be extinguished. If the adoptee is a minor or incapacitated, the
parental authority of the biological parents, if known is reinstated. If the adoptee is a foundling or
unknown parent, the legal custody of the Department is restored. Upon the finality of the judgment
of rescission, succession rights of the parties shall return to its status prior to adoption.