SILVERIO VS REPUBLIC

GR NO.174689 FIRST DIVISION CORONA, J. Date: OCTOBER 19, 2007

Whether or not a person’s first name and sex can be change on the civil registry (birth certificate)
on the ground of sex reassignment.

Facts
 Rommel Jacinto Dantes Silverio born in manila, legal age, with record registered as male on
the birth certificate.
 Male Transsexual – anatomically male but feels, thinks and acts as a female. Underwent
psychological examination, hormone treatment and breast augmentation. Underwent sex
reassignment surgery in Bangkok Thailand Jan. 27 2001 which was attested by Dr.
Marcelino Reysio-Cruz Jr.
 Engaged to be married to American fiancé Richard P. Edel
Petitioner Respondent
OSG ROMMEL JACINTO D. SILVERIO
 No law allowing the change of either  To make his birth records compatible
name or sex in the certificate of birth on with his present sex and no intention
the ground of sex alteration. of evading any law or judgement or for
any unlawful motive
 Claims that the change of his name
and sex in his birth certificate is
allowed under articles 407 to 413 of
the civil code, rules 103 and 108 of the
rules of court and RA 9048

Ruling
 RTC Manila ruled in favor of Silverio – in consonance with principles of justice and equity,
that no harm or injury or prejudice will be caused, granting petition would bring the much-
awaited happiness and realization of dreams, no evidence presented to show any cause or
ground to deny the petition.
 CA ruled in favor of republic – lacked legal basis, no law allowing the change of either name
or sex in the certificate of birth on the ground of sex reassignment through surgery. Set
aside the decision of the RTC.
 SC ruled in favor of republic. – a person’s name cannot be change on the ground of sex
reassignment, state has interest in the names borne by individuals and entities for
purposes of indentification, change of names are controlled by statutes, neither entries in
the birth certificate as to first name or sex be changed on the ground of equity. The
determination of a person’s sex made at the time of his or her birth, if not attended by
error is immutable.

Decision
No. a person cannot change his name or sex in the birth record for the ground of sex reassignment. Article
376 of the civil code provides that no person can change his name or surname without judicial authority. Also,
under RA 9048 which amended article 376 of the civil code, provides the grounds for change of first name
maybe allowed if: first name is ridiculous, tainted with dishonor or extremely difficult to write or pronounce,
the first name has been habitually used, or the change will avoid confusion. Also, under the civil registry law,
a birth certificate is a historical records of the facts as they existed at the time of birth, thus the sex of a
person is determined at birth, visually done by the birth attendant by examining the genitals of the infant.
The determination of a person’s sex made at the time of his or her birth if not attended by error is immutable.

In the given case, the change of first name cannot be granted because Silverio failed to establish a proper and
reasonable cause or any compelling reason justifying such change. While the change of sex in the birth
certificate lacks merit because there is now law allowing such change and that if the change of sex will be
granted it will have a serious and wide ranging legal and public policy consequences such as in marriage
where the grant of change of sex will allow the union of man with another man who has undergone sex
reassignment and will greatly alter the laws on marriage and family relations. Therefor neither the change in
first name or sex cannot be granted on the ground of sex reassignment.