CIVIL REGISTRY
HELD: NO, he cannot legally change his name and sex in his birth certificate on the ground of sex
Prepared by: Michael Joseph Nogoy, JD 1
reassignment.
CASE No. 197 RATIO: SC gave 3 reasons: (1) A person's first name cannot be changed on the ground of sex [G.R. No. 174689. October 19, 2007.]
reassignment; (2) No law allows the change of entry in the birth certificate as to sex on the ground of
ROMMEL JACINTO DANTES SILVERIO, petitioner, vs. REPUBLIC OF THE PHILIPPINES, respondent.
sex reassignment; and (3) Neither may entries in the birth certificate as to first name or sex be changed on the ground of equity.
PONENTE: CORONA, J.: 1. FACTS:
Rather than avoiding confusion, changing petitioner's first name for his declared purpose
Aquino Dantes on April 4, 1962. His name was registered as "Rommel Jacinto Dantes Silverio"
may only create grave complications in the civil registry and the public interest. (See the
Rommel, according to him, is a male transsexual; transsexual; that is, "anatomically male but feels, thinks
grounds allowed by RA 9048; sex reassignment is not one of them ). 2.
No Law Allows The Change Of Entry In The Birth Certificate As To Sex On The Ground Of Sex
and acts as a female" and that he had always identified himself with girls since childhood.
Reassignment
January 27, 2001: he underwent sex reassignment surgery in Bangkok, Thailand. He was
provision). A correction in the civil registry involving the change of se x is not a mere
the Philippines, who issued a medical certificate attesting that he had in fact undergone the
clerical or typographical error. It is a substantial change for which the applicable procedure is Rule 108 of the Rules of Court.
From then on, he lived as a female and was in fact engaged to be married. He then sought to
following provisions, they are provided by the case).
from "male" to "female." An order setting the case for initial hearing was published in the People's Journal Tonight, for
The entries foreseen in Article 412 of the Civil Code and correctable under Rule 108 of the Rules of Court are those provided in Articles 407 and 408 of the Civil Code (See the
have his name in his birth certificate changed from "Rommel Jacinto" to "Mely," and his sex
RA 9048: Clerical or typographical errors are allowed to be corrected (See RA 9048 for the
thereafter examined by Dr. Marcelino Reysio-Cruz, Jr., a plastic and reconstruction surgeon in procedure.
RA 9048 does not sanction a change of first name on the ground of sex reassignment.
Rommel was born in the City of Manila to the spouses Melecio Petines Silverio and Anita in his birth certificate. His sex was registered as "male."
The State has an interest in the names borne by individuals and entities for purposes of identification. A change of name is a privilege, not a right.
November 26, 2002, Rommel Jacinto Dantes Silverio filed a petition for the change of his first name and sex in his birth certificate in the RTC of Manila, Branch 8.
A Person's First Name Cannot Be Changed On The Ground Of Sex Reassignment
3.
Neither May Entries In The Birth Certificate As To First Name Or Sex Be Changed On The
three consecutive weeks.
Ground Of Equity
Copies of the order were sent to the OSG and the civil registrar of Manila.
On the scheduled initial hearing, jurisdictional requirements were established. No opposition to the petition was made.
Witnesses: himself, Dr. Reysio-Cruz, Jr. and his American fiancé, Richard P. Edel
RTC: Ruled in the AFFIRMATIVE (reasons, see page 2 of the original case [soft copy])
OSG appealed to the CA
CA: REVERSED RTC Decision (lack of legal basis)
The changes sought by petitioner will have serious and wide-ranging legal and public policy consequences. o
This is the first step of Rommel for marriage with Edel – sacred social institution between a man and a woman. (Kung magiging babae siya sa records, edi pwede na siyang ikasal dito! Useless na yung laws natin about marriage.)
o
Laws which are generally in favor of or particularly apply to women (the Labor Code on employment of women, certain felonies under the Revised Penal Code, etc.) will be substantially altered if the grant will be given.
ISSUE: Whether or not Rommel can legally change his name and sex in his birth certificate on the ground of sex reassignment.
o
Side comment: Nagalingan naman daw ako sa pagkakasulat ni Corona dito. Naisip niya talaga ‘tong 2 issues above.
RULING: Petition is DENIED.
