Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Criminal Procedure › Motion to Quash (Rule 117)
1. Grounds
Grounds for Rescission
- Repeated physical and verbal maltreatment by the adopter(s) despite having undergone counseling;
- Attempt on the life of the adoptee;
- Sexual assault or violence; or
- 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(s). However, the adopter(s) may disinherit the adoptee for causes provided in Art. 919 of the Civil Code Page 312 of 525 [Sec. 19]
The court may:
- Dismiss the case outright on any of the grounds for the dismissal of a civil action which are apparent therein; or
- If no ground for dismissal is found, it shall forthwith issue summons. (Sec. 5, Rule 70)