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Philippine Bar review · Question

Practice question: Prohibition on Collateral Attack on Personal Status through Correction of Entries

Multiple Choice Hard

Practice question

An heir uses a birth-entry correction petition to attack another child's legitimacy by first having a purported marriage declared void as bigamous. The heir argues that calling the status questions incidental avoids the governing standing and direct-action rules. On facts comparable to Braza, which is correct?
  1. The label permits every collateral attack.
  2. The actual status challenges cannot be insulated from the proper-action and proper-party requirements by that label.
  3. Every heir can alter any birth record without proceedings.
  4. A request for DNA testing automatically establishes standing.
  5. The court must decide legitimacy solely from the petition's title.

Legal references

  • Braza v. City Civil Registrar of Himamaylan City, G.R.181174, December4 2009, main decision; https://lawphil.net/judjuris/juri2009/dec2009/gr_181174_2009.html
  • Republic v. Olaybar, G.R.189538, February10 2014, main decision; https://lawphil.net/judjuris/juri2014/feb2014/gr_189538_2014.html

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