Philippine Bar review · Question

Practice question: Cancellation or Correction of Civil Registry Entries (Rule 108)

Multiple Choice Hard

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?
  1. Yes, every correction of a marriage entry is annulment.
  2. Yes, forgery can never be proved under Rule 108.
  3. No; Olaybar distinguishes correcting a proved false record of a nonexistent marriage from invalidating an actual marriage.
  4. No; Rule 108 may dissolve any actual marriage on request.
  5. 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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