Practice question
A petition seeks a substantial civil-registry correction that is legally within Rule 108’s scope. Counsel asks to obtain it through an informal, nonadversarial application without joining affected parties. Is that sufficient?
- Yes, all special proceedings are summary.
- Yes, the word correction removes due process.
- No; substantial correction requires an appropriate adversarial proceeding and compliance with the Rule.
- Yes, if no newspaper objects.
- No; Rule 108 can never address any substantial correction.
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.
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