KILOSBAYAN, et. al. vs. MANUEL L. MORATO, et. al. G. R. No.

118910 FACTS: This is a petition seeking to declare the ELA invalid on the ground that it is substantially the same as the Contract of Lease nullified in G. R. No. 113373, 232 SCRA 110. Petitioners contended that the amended ELA is inconsistent with and violative of PCSO’s charter and the decision of the Supreme Court of 5 May 1995, that it violated the law on public bidding of contracts as well as Section 2(2), Article IX-D of the 1987 Constitution in relation to the COA Circular No. 85-55-A. Respondents questioned the petitioners’ standing to bring this suit. ISSUE: Whether or not petitioners possess the legal standing to file the instant petition. RULING: The Supreme Court ruled in the negative. Standing is a special concern in constitutional law because some cases are brought not by parties who have been personally injured by the operation of the law or by official action taken, but by concerned citizens, taxpayers or voters who actually sue in the public interest. Petitioners do not in fact show what particularized interest they have for bringing this suit. And they do not have present substantial interest in the ELA as would entitle them to bring this suit.

Silverio v. Republic GR No. 174689 October 22, 2007 Facts: Rommel Silverio filed a petition for the change of his gender and first name in his birth certificate to facilitate his marriage with his fiancé. A year before, Silverio has underwent sex reassignment surgery in Bangkok, Thailand. In his petition, he wants to change his first name from “Rommel” to “Mely.” Issue: Should the court allow the change of name? Held: No. The SC said that considering that there is no law recognizing sex re-assignment, the determination of a person’s sex at the time of birth, if not attended by error, is immutable . It held that “while petitioner may have succeeded in altering his body and appearance through the intervention of modern surgery, no law authorizes the change of entry as to sex in the civil registry for that reason. There is no special law in the country governing sex reassignment and its effect. This is fatal to petitioner’s cause.” The Court said that the change in gender sought by petitioner “will have serious and wide -ranging legal and public policy consequences,” i.e., substantially reconfigure and greatly alter the laws on marriage and family relations and substantially affect the public policy in relation to women in laws such as the provisions of the Labor Code on employment of women, certain felonies under the Revised Penal Code, etc.

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