not have more successional rights than an acknowledged natural child: Provided,
further, That any property received gratuitously by the adopted from the adopter shall
revert to the adopter should the former predecease the latter without legitimate issue
unless the adopted has, during his lifetime, alienated such property: Provided, finally,
That in the last case, should the adopted leave no property other than that received
from the adopter, and he is survived by illegitimate issue or a spouse, such illegitimate
issue collectively or the spouse shall receive one-fourth of such property; if the adopted
is survived by illegitimate issue and a spouse, then the former collectively shall receive
one-fourth and the latter also one-fourth, the rest in any case reverting to the adopter,
observing in the case of the illegitimate issue the proportion provided for in Article 895
of the Civil Code.
The adopter shall not be a legal heir of the adopted person, whose parents by nature shall inherit from
him, except that if the latter are both dead, the adopting parent or parents take the place of the natural
parents in the line of succession, whether testate or interstate.
Article 40. Rescission by Adopted. - The adopted person or the Department of Social Welfare or any
duly licensed child placement agency if the adopted is still a minor or otherwise incapacitated, may ask
for the rescission of the adoption on the same grounds that cause the loss of parental authority under
the Civil Code.
Article 41. Revocation by Adopter. - The adopter may petition the court for the revocation of the
adoption in any of these cases:
1. If the adopted person has attempted against the life of the adopter and/or his spouse;
2. When the adopted minor has abandoned the home of the adopter for more than
three years and efforts have been exhausted to locate the minor within the stated
period;
3. When by other acts the adopted person has definitely repudiated the adoption.
Article 42. Effects of Rescission or Revocation. - Where the adopted minor has not reached the age of
majority at the time of the revocation or rescission referred to in the next preceding articles, the court in
the same proceeding shall determine whether he should be returned to the parental authority of his
natural parents or remitted to the Department of Social Welfare or any duly licensed child placement
agency or whether a guardian over his person and property should be appointed.
Where the adopted child has reached the age of majority, the revocation or rescission, if and when
granted by the court, shall release him from all obligations to his adopting parents and shall extinguish
all his rights against them: Provided, That if the said adopted person is physically or mentally
handicapped as to need a guardian over his person or property, or both, the court may appoint a
guardian in accordance with the provisions of existing law.
In all cases of revocation or rescission, the adopted shall lose the right to continue using the adopter's
surname and the court shall order the amendment of the records in the Civil Register in accordance
with its decision.