Silverio v Republic of the Philippines

Doctrine: A person cannot change in name on the ground of sex reassignment, nor is Commented [DJ1]: Main doctrine
there any law that governs the change of entry in the birth certificate as to sex on the
ground of sex reassignment
Petition: Appeal for Certiorari
Petitioner: Rommel Jacinto Dantes Sylverio
Respondent: Republic of the Philippines
Date: October 19, 2007
Pontente: Justice Corona
Commented [DJ2]: From this point, the columns are
adjusted to two until the provision/s part
Facts:
1. Rommel Sylverio was registered as Rommel Jacinto Dantes Sylverio in his birth
certificate, and his sex was registered male. He alleged that he was a male
transsexual and he underwent sex reassignment surgery in Bangkok, Thailand in
January 27, 2001.
2. He filed for a petition for the change of his first name and sex in his birth certificate in
the Regional Trial Court of Manila, Branch 8 on November 26, 2002, changing his first
name to Mely and his sex to female. The lower court granted his petition.
3. On August 18, 2003, the Republic of the Philippines, thru the OSG, filed for petition of
certiorari, alleging that there is no law allowing the change of entries in the birth
certificate on the ground of sex reassignment. The Court of Appeals ruled in favor of
the Republic.
4. Petitioner invokes Art. 407 to 413 of the Civil Code, Rules 103 and 108 of the Rules
of Court, and RA 9048 in his petition.

Issue: Commented [DJ3]: Include all issues. Not just the

1. WoN a persons first name can be changed on ground of sexual reassignment pertinent one.
2. WoN a persons entry in the birth certificate as to his/her sex be changed on ground
of sexual reassignment
3. WoN a persons entries in the birth certificate be changed on the ground equity

Held:
1. No. A persons first name cannot be changed on the ground of sex reassignment.
2. No. There is no law governing change of entry in the birth certificate as to his/her
sex on the ground of sex reassignment
3. No. Neither entries in the birth certificate as to first name and sex be changed on
the ground of equity

Provision/s: Sec. 1 to 7, RA 9048, Rule 108 of Rules of Court, Art. 407, 408 in Civil Code Commented [DJ4]: The provisions in the law important to
the case
Ratio: Commented [DJ5]: Should be in a table
Sylverios Contention Supreme Court
1. Invoked his sex Change of petitioners first name is not in court
reassignment as the ground for jurisdiction, it should be in civil registrar. It should be
his change of first name. because of administrative errors only. Also, there is
no proper or reasonable cause on changing the
petitioners first name on ground of sex reassignment.
(Sec. 1 and 4 of RA 9048)
2. No law allows the change of RA 9048 covers change in entry in civil register
entry in the birth certificate as to insofar as clerical or typographical errors are
sex on the ground of sex concerned. Upon valid grounds, acts, events, and
reassignment judicial decrees concerning civil status of persons
may be cancelled or corrected. Sex, however, is not
covered in the provisions governing change in civil
status of persons. (Rule 108 of Rules of Court, Art.
407, 408 in NCC)

Also, under the Civil Register Law, a birth certificate

is a historical record of the facts as they existed at the
time of birth. Unless there is an error committed, the
sex of a person is determined only at birth.

Art. 413 also states that matters pertaining to the

registration of civil status shall be governed by special
laws. There is no law legally recognizing sex
reassignment.
Neither entries in the birth There will have serious legal and public
certificate as to first name or consequences in case the petition is granted. First,
sex be changed on the ground marriage is a special contract of permanent union
of equity. between a man and a woman. One of the essential
requisites of marriage is that the legal capacity of the
contracting parties must be a male and a female.
Second, various laws that particularly apply to women
emphasizing public policy will be affected if petition is
granted.