Silverio v. Republic, G.R. No. 174689, October 22, 2007

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Ponente: CORONA J.

Facts:

On November 26, 2002, Petitioner Rommel Jacinto Dantes Silverio field a petition for the change of his first name “Rommel Jacinto” to “Mely” and his sex from male to female in his birth certificate in the RTC of Manila, Branch 8, for reason of his sex reassignment.

He alleged that he is a male transsexual (he is anatomically male but thinks and acts like a female.)

RTC ruled in favor of Silverio, explaining that it is consonance with the principle of justice and equality.

The Republic, through the OSG, filed a petition for certiorari in the Court of Appeals alleging that there is no law allowing change of name by reason of sex alteration. Petitioner Silverio filed a reconsideration but was denied. 

Hence, this petition.

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WON change in name and sex in birth certificate are allowed by reason of sex reassignment.

HELD: No.

No law allows the change of entry in the birth certificate as to name and sex on the ground of sex reassignment.

As to the name, it may be allowed in cases where the name is ridiculous, tainted with dishonor, or difficult to pronounce or write; a nickname is habitually used; or if the change will avoid confusion. (RA 9048, Sec. 4 (Grounds for Change of First Name or Nickname).  But the petitioner’s basis of the change of his name is that he intends his first name compatible with the sex he thought he transformed himself into thru surgery.

The Court said that his true name does not prejudice him at all.

Decision: The Court denied the petition.

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Notes: Change of name by virtue of sexual reassignment (and for purposes of marriage) is not allowed. Marriage is between a man and a woman – an essential requisite relating to the legal capacity of the contracting parties. A person’s sex is part of a person’s legal capacity and civil status

A change of name is a privilege and not a right.

Under Act 3753 (Civil Register Law), a birth certificate is a historical record of the facts as they existed at the time of birth.


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