G.R. No. 174689 October 22 2007 [Change of name or sex]
FACTS:
Rommel Jacinto Dantes Silverio having undergone a sex
reassignment surgery, sought to have his first name changed from Rommel to
Mely, and his sex from male to female. Trial court granted his petition. CA,
however, upon appeal filed by the Republic of the Philippines thru the OSG,
reversed the trial court decision, holding that there is no law allowing the
change of entries of either name or sex in the birth certificate by reason of
sex alteration.
ISSUE:
Whether or not Rommel's first name and sex be changed on the
ground of sex reassignment.
RULING:
No. There is no law authorizes the
change of entry as of sex and first name through the intervention of sex
reassignment surgery. Article 376 of the Civil Code as amended by RA 9048 (Clerical
Error Law), together with Article 412 of the same Code, change of name or sex
in the birth certificate is allowed by the courts so long as clerical or
typographical errors are involved.
Changes sought by Silverio will have serious legal and
public policy consequences. To grant this petition filed by Silverio will greatly
alter the laws on marriage and family relations. Second, there will be major
changes in statutes that underscore the public policy in relation to women.
