SILVERIO VS. REPUBLIC

SILVERIO VS. REPUBLIC

G.R. No. 174689, October 22, 2007

Petitioner:       Rommel Jacinto Dantes Silverio

Respondent: Republic of the Philippines

Ponente:           J. Corona

Facts:

On June 4, 2003, the trial court rendered a decision in favor of petitioner.  Its relevant portions read:

(a) “Petitioner filed to present petition… solely for the purpose of making his birth records compatible with his present sex”;

(b) “Granting the petition would be more in consonance with the principles of justice and equity.

(c) Petitioner’s misfortune to be trapped in a man’s body is not his own doing and should not be in any way taken against him.

(d) The court believes that no harm, injury or prejudice will be caused to anybody or the community in granting the petition as it would only grant the petitioner his much awaited happiness and the realization of their (his fiance’) dreams.

On August 18, 2003, the Republic, thru the OSG, filed a petition for certiorari in the CA.  On February 23, 2006, the CA rendered a decision in favor of the Republic, thus, this petition.

Issue:

The issue raised in this petition is:

(1) Whether or not the change of the petitioner’s name and sex in his birth certificate are allowed under Articles 4007 to 413 of the Civil Code, Rules 103 and 108 of the Rules of Court and RA 9048.

Held:

(1) No.  It is not allowed.  A person’s name cannot be changed on the ground of sex reassignment.  No law allows the change of entry in the birth certificate as to sex on the ground of sex reassignment.  A change of name is a privilege, not a right.  Statutes control petitions for change of name.  Neither may entries in the birth certificate as to first name or sex be changed on the ground of equity.  Article 376 of the Civil Code provides that no person can change his name or surname without judicial authority.  Article 412 provides that no entry in the civil register shall be changed or corrected without a judicial order.

The petition is DENIED.