Dear PAO,
My wife and I have been married for twenty (20) years. During our marriage, we legally adopted two (2) children, who are now both twenty (20) years of age. We have considered them our own since their adoption. While one of them grew up to be loving and caring, the other harbored resentment and lived a life of crime. Despite repeated counselling, he paid us no mind and even once stole the family car to fund his vices. In this regard, we want to ensure that our life earnings go to the one who has taken care of us. As for the other, is it possible to cancel the adoption? Hope you can guide us. Thank you.
Bartolome
Dear Bartolome,
We commend you and your wife for giving a loving home to your children. However, we are also sorry for what you and your wife are going through with one of them. We hope our reply will give clarity to your questions.
At the onset, we direct your attention to Republic Act (RA) 11642, otherwise known as the Domestic Administrative Adoption and Alternative Child Care Act. Section 47 of RA 11642 states the grounds for the rescission of administrative adoption, viz.:
“Section 47 - Grounds for Rescission of Administrative Adoption. – The adoption may be rescinded only upon the petition of the adoptee with the NACC, or with the assistance of the SWDO if the adoptee is a minor, or if the adoptee is eighteen (18) years of age or over but who is incapacitated or by his or her guardian on any of the following grounds committed by the adopter(s):
“(a) Repeated physical or verbal maltreatment by the adopter despite having undergone counseling;
“(b) Attempt on the life of the adoptee;
“(c) Abandonment and failure to comply with parental obligations.
“Adoption, being in the best interest of the child, shall not be subject to rescission by the adopter. However, the adopter may disinherit the adoptee for causes provided in Article 919 of the Civil Code of the Philippines.”
Here, RA 11642 clearly states that the adopter cannot cause the rescission of the adoption. Nonetheless, the adopters are not left without remedy in the event that they want to exclude their adopted child from inheritance, as long as the same is based on the grounds specified in Article 919 of the New Civil Code of the Philippines. For your guidance, this provision lists down the grounds to disinherit children and other descendants, to wit:
“Art. 919. The following shall be sufficient causes for the disinheritance of children and descendants, legitimate as well as illegitimate: xxx
“(7) When a child or descendant leads a dishonorable or disgraceful life;
“(8) Conviction of a crime which carries with it the penalty of civil interdiction.”
Applying your mentioned facts to the grounds mentioned above, we believe that you may disinherit your adopted child if he continues to lead a dishonorable or disgraceful life or if he had been convicted of a crime that carries civil interdiction as a penalty.
However, it is also important to note that Section 916 of the New Civil Code of the Philippines provides that, disinheritance can only be effected through a will wherein the legal cause of the disinheritance should be clearly specified. Hence, if you decide to disinherit one of your children, you must follow the formalities required of a last will and testament.
We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.
