G.R. No.

174689 October 22, 2007 hence it was just but right that the entry written in his birth certificate is
that he is a male. The sex of a person is determined at birth, visually
ROMMEL JACINTO DANTES SILVERIO, petitioner, done by the birth attendant (the physician or midwife) by examining the
vs. genitals of the infant. Considering that there is no law legally
REPUBLIC OF THE PHILIPPINES, respondent. recognizing sex reassignment, the determination of a person’s sex
made at the time of his or her birth, if not attended by error, is
Civil Law – Equity – Change of Name – Change of Sex – Marriage immutable.
Rommel Jacinto Dantes Silverio is a male transsexual. He’s a But what about equity, as ruled by the RTC?
biological male who feels trapped in a male body. Being that, he sought No. According to the SC, this amounts to judicial legislation. To grant
gender re-assignment in Bangkok, Thailand. The procedure was
the changes sought by Silverio will substantially reconfigure and
successful – he (she) now has a female body. Thereafter, in 2002, he greatly alter the laws on marriage and family relations. It will allow the
filed a petition for the change of his first name (from Rommel to Mely) union of a man with another man who has undergone sex
and his sex (male to female) in his birth certificate. He filed the petition reassignment (a male-to-female post-operative transsexual). Second,
before the Manila RTC. He wanted to make these changes, among there are various laws which apply particularly to women such as the
others, so that he can marry his American fiancé.
provisions of the Labor Code on employment of women, certain
The RTC granted Silverio’s petition. The RTC ruled that it should be felonies under the Revised Penal Code and the presumption of
granted based on equity; that Silverio’s misfortune to be trapped in a survivorship in case of calamities under Rule 131 of the Rules of Court,
man’s body is not his own doing and should not be in any way taken
among others. These laws underscore the public policy in relation to
against him; that there was no opposition to his petition (even the OSG women which could be substantially affected if Silverio’s petition were
did not make any basis for opposition at this point); that no harm, injury to be granted.
or prejudice will be caused to anybody or the community in granting
the petition. On the contrary, granting the petition would bring the But the SC emphasized: “If the legislature intends to confer on a
much-awaited happiness on the part of Silverio and [her] fiancé and person who has undergone sex reassignment the privilege to change
the realization of their dreams. his name and sex to conform with his reassigned sex, it has to enact
legislation laying down the guidelines in turn governing the conferment
Later, a petition for certiorari was filed by the OSG before the CA. The of that privilege.”
CA reversed the decision of the RTC.
ISSUE: Whether or not the entries pertaining to sex and first name in
the birth certificate may be changed on the ground of gender re-
assignment.
HELD: No. The Supreme Court ruled that the change of such entries
finds no support in existing legislation.
Issue on the change of first name
In 2001, Republic Act 9048 (AN ACT AUTHORIZING THE CITY OR
MUNICIPAL CIVIL REGISTRAR OR THE CONSUL GENERAL TO
CORRECT A CLERICAL OR TYPOGRAPHICAL ERROR IN AN
ENTRY AND/OR CHANGE OF FIRST NAME OR NICKNAME IN THE
CIVIL REGISTER WITHOUT NEED OF A JUDICIAL ORDER) was
passed. This law provides that it should be the local civil registrar that
has jurisdiction in petitions for the change of first names and not the
regular courts. Hence, the petition of Silverio insofar as his first name
is concerned is procedurally infirm. Even assuming that the petition
filed properly, it cannot be granted still because the ground upon which
it is based(gender re-assignment) is not one of those provided for by
the law. Under the law, a change of name may only be grounded on
the following:
(1) The petitioner finds the first name or nickname to be ridiculous,
tainted with dishonor or extremely difficult to write or pronounce;
(2) The new first name or nickname has been habitually and
continuously used by the petitioner and he has been publicly known
by that first name or nickname in the community; or
(3) The change will avoid confusion.
Unfortunately, Silverio did not allege any of the above, he merely
alleged gender re-assignment as the basis.
Issue on the change of sex
This entry cannot be changed either via a petition before the regular
courts or a petition for the local civil registry. Not with the courts
because there is no law to support it. And not with the civil registry
because there is no clerical error involved. Silverio was born a male