SILVERIO V REPUBLIC (DIGEST)

ROMMEL JACINTO DANTES SILVERIO V. REPUBLIC OF THE PHILIPPINES (CASE

DIGEST)

G.R. No. 174689

October 22, 2007

TOPIC: Change of Name, Sex Change

FACTS:
Due to his sex reassignment, Silverio filed a petition in the RTC of Manila to
have his first name changed from "Rommel Jacinto" to "Mely" and his gender
from male to female on his birth certificate. He claimed to be a male transsexual
who, while having a male anatomy, thinks and behaves like a female. According
to the RTC, his decision is in accordance with the principles of justice and
equality.
The Republic asserted that there is no legal provision enabling name changes
due to sex changes in a petition for certiorari submitted to the CA by the OSG.
Reconsideration requested by the petitioner was turned down. this petition, it
follows.

ISSUE:
Whether or if sex reassignment justifies a change in the "name" and "sex"
entries on birth certificates.
RULING:
No. A name change is a privilege, not a legal requirement. If a nickname is often
used, the name is absurd, tainted with dishonor, difficult to say, or the change
will prevent confusion, it might be permitted. The petitioner's reasoning for
wanting his name changed is that he wants his initial name to sound like the sex
he believes he transitioned into through surgery. According to the court, using
his own name does not in any way harm him, and no legislation permits
changing the birth certificate's entry for sex on the grounds of sex reassignment.
The petition was denied.