Republic of The Philippines, Petitioner, vs. MERLINDA L. OLAYBAR, Respondent
Republic of The Philippines, Petitioner, vs. MERLINDA L. OLAYBAR, Respondent
Republic of The Philippines, Petitioner, vs. MERLINDA L. OLAYBAR, Respondent
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* THIRD DIVISION.
606
607
PERALTA, J.:
Assailed in this Petition for Review on certiorari under
Rule 45 of the Rules of Court are the Regional Trial
Court[1] (RTC) Decision[2] dated May 5, 2009 and Order[3]
dated August 25, 2009 in SP. Proc. No. 16519-CEB. The
assailed Decision granted respondent Merlinda L.
Olaybar’s petition for cancel-
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[1] Branch 6, Cebu City.
[2] Penned by Presiding Judge Ester M. Veloso; Rollo, pp. 32-34.
[3] Rollo, pp. 36-41.
608
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[4] Id., at p. 32.
[5] Id.
[6] Id., at p. 33.
609
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[7] Id.
[8] Id., at pp. 33-34.
[9] Id., at p. 34.
[10] Id.
[11] Id., at p. 36.
610
I.
RULE 108 OF THE REVISED RULES OF COURT APPLIES
ONLY WHEN THERE ARE ERRORS IN THE ENTRIES
SOUGHT TO BE CANCELLED OR CORRECTED.
II.
GRANTING THE CANCELLATION OF “ALL THE ENTRIES IN
THE WIFE PORTION OF THE ALLEGED MARRIAGE
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[12] Id., at p. 41. (Emphasis in the original)
[13] Id., at pp. 40-41.
[14] Id., at p. 18.
611
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[15] Id., at p. 21.
[16] Id., at p. 23.
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612
613
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[19] 225 Phil. 408; 141 SCRA 462 (1986).
[20] Barco v. Court of Appeals, 465 Phil. 39, 58; 420 SCRA 162, 174-175
(2004).
[21] Republic of the Philippines v. Lim, 464 Phil. 151, 157; 419 SCRA
123, 127 (2004); Eleosida v. Local Civil Registrar of Quezon City, 431 Phil.
612, 619; 382 SCRA 22, 27 (2002).
614
that her signature was forged and she was not the one who
contracted marriage with the purported husband. In other
words, she claims that no such marriage was entered into
or if there was, she was not the one who entered into such
contract. It must be recalled that when respondent tried to
obtain a CENOMAR from the NSO, it appeared that she
was married to a certain Ye Son Sune. She then sought the
cancellation of entries in the wife portion of the marriage
certificate.
In filing the petition for correction of entry under Rule
108, respondent made the Local Civil Registrar of Cebu
City, as well as her alleged husband Ye Son Sune, as
parties-respondents. It is likewise undisputed that the
procedural requirements set forth in Rule 108 were
complied with. The Office of the Solicitor General was
likewise notified of the petition which in turn authorized
the Office of the City Prosecutor to participate in the
proceedings. More importantly, trial was conducted where
respondent herself, the stenographer of the court where the
alleged marriage was conducted, as well as a document
examiner, testified. Several documents were also
considered as evidence. With the testimonies and other
evidence presented, the trial court found that the signature
appearing in the subject marriage certificate was differ-
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[22] Lee v. Court of Appeals, 419 Phil. 392, 410; 367 SCRA 110, 129
(2001).
615
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[23] Rollo, pp. 33-34.
[24] G.R. No. 196049, June 26, 2013, 700 SCRA 69.
[25] Minoru Fujiki v. Maria Paz Galela Marinay, Shinichi Maekara,
Local Civil Registrar of Quezon City, and the Administra-
616
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tor and Civil Registrar General of the National Statistics Office, G.R. No.
196049, June 26, 2013, 700 SCRA 69.
617
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