Q.

In 1986, A, a married woman file a petition for adoption of C which was granted. In 2011, A filed a petition to rescind or nullify the decree invoking Article 185 of the Family Code requiring that the husband and wife must jointly adopt and the retroactive provision of the Family Code under Article 256. How do you think the court will decide?

A. It will grant the petition because the law is mandatory with the use of the word “must”;
B. It will grant the petition because of the retroactivity of the law;
C. It will deny the petition because the retroactivity of the law will impair vested rights. (Rep v. Toledano)
D. It will deny the petition because of the doctrine of immutability of judgment.
Answer» C. It will deny the petition because the retroactivity of the law will impair vested rights. (Rep v. Toledano)
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