G.R. No. 189538 - Republic vs. Olaybar

Respondent Merlinda L. Olaybar requested from the National Statistics Office (NSO) a Certificate of No Marriage (CENOMAR) as a requirement to marry her boyfriend.
The CENOMAR reflected that she was already married to Ye Son Sune, a Korean national, on June 24, 2002, before the Municipal Trial Court in Cities (MTCC), Cebu City.
Olaybar denied the marriage, claimed she never appeared before the solemnizing officer, did not know Sune, and that her signature on the marriage certificate was forged.

Olaybar’s testimony: At the time of the alleged marriage she was employed in Makati; she never met Sune; she recognized the named witnesses but never authorized anyone to use her identity.
Witness Eufrocina Natinga (MTCC employee): Confirmed a marriage was recorded but that the woman who appeared was not Olaybar.
Document examiner: Concluded the signature on the marriage certificate was forged.

RTC Decision (May 5, 2009): Granted Olaybar’s petition; directed the Local Civil Registrar of Cebu City to cancel all entries in the wife portion of the marriage contract.
Motion for Reconsideration by the Republic of the Philippines (OSG) argued:

Rule 108 applies only to clerical or innocuous errors.
Cancellation of all wife entries amounts to declaring the marriage void ab initio.

RTC Order (August 25, 2009): Denied the motion for reconsideration, holding that Rule 108 covers substantial errors via adversary proceedings and nullity action was not feasible.

Whether Rule 108 of the Rules of Court, governing cancellation or correction of civil registry entries, applies only to clerical or typographical errors.
Whether cancelling all entries in the wife portion of the marriage contract under Rule 108 effectively declares the marriage void ab initio.