Practice question
Children’s records show legitimation by their parents’ actual subsequent marriage. They seek cancellation solely through Rule 108 on the theory that the marriage was bigamous, asking the court to decide its invalidity as a predicate. All publication and notice steps were followed. Is compliance alone enough?
- Yes, publication makes every status attack proper.
- Yes, calling the request correction resolves jurisdiction.
- Yes, parental consent dispenses with direct proceedings.
- No; under Boquiren, Rule 108 cannot serve as this collateral attack on the actual marriage and recorded legitimated status.
- No; Rule 108 applies only to death certificates.
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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