Rommel
Silverio v. Republic
G.R. No.
174689, October 22, 2007
FACTS:
On November 26, 2002, petitioner Rommel Jacinto Dantes Silverio
filed a petition for the change of his first name and gender in his
birth certificate in the RTC Branch 8 of Manila. Petitioner alleged
that he was born in the City of Manila on April 4, 1962. His name was
registered as “Rommel Jacinto Dantes Silverio” in his certificate
of live birth and his gender was registered as “male.” Petitioner
asserts that he is a transsexual, and had always identified himself
with girls since childhood. He feels like a woman trapped in a man’s
body. On January 27, 2001, petitioner underwent gender reassignment
surgery in Bangkok, Thailand. On June 4, 2003, the trial court
granted petitioner’s prayer to have his name and gender entered in his
certificate of live birth to conform with his present gender. The Court
of Appeals rendered a decision in favor of the Republic, ruling that
there is no law allowing change of name or gender in the birth
certificate on the basis of gender reassignment.
ISSUE:
Can one’s name or gender as it appears on the certificate of live
birth be changed on the ground of gender reassignment?
RULING:
No, the Court ruled that the primary law governing change of name is
now RA 9048 (Clerical Error Law) and Section 1 hereof gives the
authority to change name to the city or municipal civil registrar or
consul general concerned. Such offices are given primary jurisdiction
for name change and the courts can only be sought when such actions
are denied therefrom. This was not followed in the case at bar. In
addition, no law allows the change of gender in the birth certificate on
the basis of gender reassignment, Sec. 2 (c) of RA 9048states that no
correction must involve the change of nationality, age, status or gender of petitioner. Furthermore, change of name or gender on the ground of
equity is not tenable in case at bar since it would have far ranging
implications and policy consequences such as provisions in the penal
and civil code that deals specifically for women such as marriage,
family relations and survivorship in calamities among others.
Petition
is denied.
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