Practice question
A misspelling is admittedly harmless, obvious from existing records and covered by RA 9048. The applicant assumes every clerical mistake still requires a Rule 108 court order. Which is correct?
- A court order is invariably required.
- The statutory administrative correction process governs covered clerical errors.
- Only a criminal case can correct the mistake.
- The entry can be overwritten privately without any process.
- All records must remain wrong forever.
Legal references
- https://lawphil.net/courts/rules/rc_72-109_proceedings.html — Rule 108 sections 1–7: petition, parties, notice, publication and hearing.
- https://lawphil.net/judjuris/juri2014/feb2014/gr_189538_2014.html — Republic v. Olaybar, G.R. 189538, February 10, 2014, main opinion: adversarial substantial correction and forged marriage record.
- https://lawphil.net/judjuris/juri2023/feb2023/gr_250199_2023.html — Republic v. Boquiren, G.R. 250199, February 13, 2023, main opinion: limits on collateral attacks through Rule 108.
- https://lawphil.net/statutes/repacts/ra2012/ra_10172_2012.html — sections 1–3: administrative corrections within the amended RA 9048.
Answer this question in flashcards to review your response and continue practicing.