Lahom v Sibulo

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:

WON the adoption maybe revoked after the effectivity of RA 8552

RULING: NO

Jurisdiction of the court is determined by the statute in force at the time of

the commencement of the action.The controversy should be resolved in light
of the law governing at the time the petition was filed.
In this case, it was months after the effectivity of RA 8552 that Lahom filed an
action to revoke the decree of adoption in 1972.
The new law has already abrogated and repealed the right of the adopter
under the Civil Code and Family Code to rescind the decree of adoption, thus
the rescission of the adoption decree, having been inititated by Lahom in
1999, after the effectivity of RA 8552 (1998) had come into force, could no
longer be pursued.

Prescription

Even before passage of RA 8552, an action to set aside the adoption is

subject to the five year bar rule under Rule 100 of the Rules of Court and the
adopter would lose right to revoke the adoption decree after the lapse of that
period.