You are on page 1of 5

TB SHOW

GOOD AFTERNOON WORLD, GOOD AFTERNOON PHILIPPINES, GOOD


AFTERNOON VIEWERS. GOOD AFTERNOON PANYERA. WELCOME TO TB
SHOW.
B: HOW ARE YOU TODAY PANYERA?
ME: GETTING BETTER. POSITIVE. ENERGETIC PANYERA. YOU KNOW WHAT
IM JUST VERY EXCITED FOR TODAYS TOPIC SINCE VIEWERS REQUESTED THIS
ONE. DO YOU HAVE ANY GUESS ON WHAT WOULD BE OUR TOPIC ?
B: maybe about LEGAL WIFE? METEOR GARDEN?
ME: NOPE. YOU BETTER WATCH THIS VIDEO.
(VIDEO)
B: AH! NOW I KNOW, RESCISSION OF ADOPTION.
ME: YEAP, SO PANYERA LETS START our discussion.
ME: WE ALREADY KNEW WHAT IS DOMESTIC ADOPTION ACT AND
INTERCOUNTRY ADOPTION, AS A RECAP. RA 8552, PERTAINS TO THE LAW
FOR FILIPINO CITIZENS TO ADOPT OTHER FILIPINOS WHEREAS RA 8043
PERTAINS TO THE GOVERNING LAW OF ADOPTING A FILIPINO BY A FOREIGN
NATIONALS. HOWEVER, FOR TODAY LET US GIVE OUR FOCUS ON THE
PROCESS OF RESCISSION OF ADOPTION.
B: OK. SO WHO MAY FILE A PETITION FOR THIS MATTER?
ME: ACCORDING TO AM NO 02 6 02 SC promulgated latst july 31, 2002
WHICH SUPERSEDED THE RULE 99 and 100 OF THE RC, AN Adoptee who is
over 18 y.o, If minor with the assistance oF dept or if over 18 but
incapacitated with assistance of guardian/ counsel.
ME: SO PANYERA, WHAT ARE THE POSSIBLE GROUNDS LAID DOWN UNDER
SUCH RULE for the adoption to be rescinded??
B: GROUNDS ( ASAR)
1. Abandonment
2. Sexual assault or violence
3. Attempt on adoptees life
4. Repeated physical and verbal maltreatment
( me: see Tambingan about this)
Me: partner, this one should be noted by our viewrs that the adopter has
no longer authority to file for the rescission of adoption. The rule before
Under the family code, adoptive parents may apply for judicial rescission.
However, due to RA 8552, such is no longer available , due to childs best
interest. Only the adoptive can rescind.
B: yes partner that is correct but the adoptive parent can still disinherit the
child ( under ART. 919 OF NCC) if in case the adopted child is morally
ungrateful or physically threatens the life of the adoptive parents.
B: WHEN THIS PETITION SHOULD BE FILED?
ME: 1. ADOPTEE ( INCAPACITATED)
FILE WITHIN 5 YEARS AFTER HE REACHES THE AGE OF MAJORITY
2. ADOPTEE ( INCOMPETENT AT THE TIME OF ADOPTION)
FILE WITHIN FIVE YEARS AFTER RECOVERY FROM SUCH
ME: WHERE TO FILE THIS PETITION
B: Venue ( SEC. 20)
FamilyCourt where the adoptee resides.
ME: AFTER FILING SUCH PETITION ORDER OF ANSWER ( SECTION 22)
THE COURT SHALL ISSUE AN ORDER REQUIRING THE ADVERSE PARTY
TO ANSWER THE PETITION WITHIN 15 DAYS FROM RECEIPT OF A COPY
THEREOF.
THE ORDER AND COPY OF PETITION SHALL BE SERVED ON THE
ADVERSED PARTY
JUDGMENT ( SEC. 23)
ORDER OF RESCISSION OF ADOPTION- IF THE COURT
FINDS THAT THE ALLEGATIONS IN THE PETITION ARE
TRUE.
ME: PANYERA, SOME OF OUR VIEWERS WOULD LIKE TO KNOW this,
WHAT ARE THW EFFECTS OF THIS RESCISSION?
B: EFFECTS
1. Biological parents parental authority is restored
2. Departments legal custody restored
3. Adoptees BOC cancelled and original is restored
4. Reciprocal rights are extinguished
OTHER EFFECTS:

1. sucessional rights shall revert to its status prior to adoption, as of the
date of judgment of judicial recission.

2. Vested rights acquired prior to judicial recission shall be respected.

3. It shall also order the adoptee to use the name stated in his original
birth foundling certificate.

4. The court shall further order the Civil Registrar where the adoption
decree was registered to cancel the new birth certificate of adoptee and
reinstate his original birth or foundling certificate.
B: partner, what do you mean by this service of jugement?
Me:
certified true copy of judgement and certificate of finality shall be
served by the petitioner upon the Civil Registrar ( 30 days from receipt
of certificate of finality

Civil registrar shall enter the decree of rescission in the register and
send proof of compliance to the court.
Me: and thats it. The process of rescission of adoption.
B: wait wait wait. I have a pick up line for our guest.
Me: ok ok go ahead partner.
B: sir, qualified adopter kaba??
Class: bakit???
B: kasi gusto ko kupkupin mo ako ( bwahhahahhahha!
doriiiiiaaannnnnnnn!!!! ( OR kasi legally available ako for adoption eh)

BOOOOOOOOM Panessss!! BOOOOMM BOOOMM Paness panesss!!