Académique Documents
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Nature
Either summary or adversarial in nature.
If the correction sought to be made in the civil register is clerical, the procedure to be adopted is summary. If the rectification affects the civil status, citizenship or nationality of a party, it is deemed substantial and the procedure to be followed is adversarial. Republic v Bautista L-35316 (1987)
Adversarial Proceeding
One of which the party seeking relief has given legal waning to the other party and afforded the latter an opportunity to contest it. Republic v Valencia (1986)
Publication is not enough. Summons must still be served, not for the purpose of vesting the courts with jurisdiction but to comply with the requirements of fair play and due process.
(Ceruila v. Delantar GR 140305)
May the trial court dismiss the petition under Rule 108 motu prioprio without allowing the petitioner to present evidence to support the same?
An appropriate adversary suit or proceeding is one where the trial court has conducted proceedings where all relevant facts have been fully and properly developed, where opposing counsel have been given opportunity to demolish the opposite party's case, and where the evidence has been thoroughly weighed and considered.
(Eleosida v. LCR Quezon City GR130277).