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FACTS:
A childless couple adopted the wifes nephew and brought him up as their
own.
Inn1972 the trial court granted the petition for adoption and ordered the Civil
Registrar to change the name of Jose Melvin Sibulo to Jose Melvin Lahom.
Jose Melvin refused to use the surname Lahom and continued to use Sibulo
in all his transactions despite pleas from the Lahom spouses leading to Mrs
Lahom commencing a petition to rescind the decree of adoption.
Prior to the institution of the case, in 1998, RA 8552 (Domestic Adoption Act)
went into effect, this law deleted the right of adopters rescind a decree of
adoption; where it was provided that: Adoption being in the interest of the
child, shall not be subject to rescission by the adopter(s). However the
adopter(s) may disinherit the adoptee for causes provided in Article 919 of
the Civil Code.
Due to Jose Melvins averred callous indifference, ingratitude and lack of care
and concern prompted the couple to file a petition in Court in 1999 to rescind
the decree of adoption issued in 1972.
ISSUE:
RULING: NO
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