Practice question
A woman proves in a fully adversarial Rule 108 case that her identity and signature were forged in a marriage record, that she never appeared or contracted that marriage, and that no marriage involving her occurred. Is correction necessarily barred as an attempted marriage annulment?
- Yes, every correction of a marriage entry is annulment.
- Yes, forgery can never be proved under Rule 108.
- No; Olaybar distinguishes correcting a proved false record of a nonexistent marriage from invalidating an actual marriage.
- No; Rule 108 may dissolve any actual marriage on request.
- Yes, unless the supposed husband admits criminal guilt.
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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