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MA. CRISTINA TORRES BRAZA v. CITY CIVIL REGISTRAR OF HIMAMAYLAN CITY

This case has been cited 2 times or more.

2013-06-26
CARPIO, J.
The RTC further justified its motu proprio dismissal of the petition based on Braza v. The City Civil Registrar of Himamaylan City, Negros Occidental.[25] The Court in Braza ruled that "[i]n a special proceeding for correction of entry under Rule 108 (Cancellation or Correction of Entries in the Original Registry), the trial court has no jurisdiction to nullify marriages x x x."[26] Braza emphasized that the "validity of marriages as well as legitimacy and filiation can be questioned only in a direct action seasonably filed by the proper party, and not through a collateral attack such as [a] petition [for correction of entry] x x x."[27]
2010-11-24
PEREZ, J.
In Braza v. City Civil Registrar of Himamaylan City, Negros Occidental,[22] the Court stated that legitimacy and filiation can be questioned only in a direct action seasonably filed by the proper party, and not through collateral attack.[23]