SILVERIO v. REPUBLIC

July 14, 2012 § Leave a comment

Silverio v. Republic

October 22, 2007 (GR. No. 174689)

 

PARTIES:

petitioner: Rommel Jacinto Dantes Silverio

respondent: Republic of the Philippines

FACTS:

On November 26, 2002, Silverio field a petition for the change of his first name “Rommel Jacinto” to “Mely” and his sex from male to female in his birth certificate in the RTC of Manila, Branch 8, for reason of his sex reassignment. He alleged that he is a male transsexual, he is anatomically male but thinks and acts like a female. The Regional Trial Court ruled in favor of him, explaining that it is consonance with the principle of justice and equality.

The Republic, through the OSG, filed a petition for certiorari in the Court of Appeals alleging that there is no law allowing change of name by reason of sex alteration. Petitioner filed a reconsideration but was denied. Hence, this petition.

ISSUE:

WON change in name and sex in birth certificate are allowed by reason of sex reassignment.

HELD:

No. A change of name is a privilege and not a right. It may be allowed in cases where the name is ridiculous, tainted with dishonor, or difficult to pronounce or write; a nickname is habitually used; or if the change will avoid confusion. The petitioner’s basis of the change of his name is that he intends his first name compatible with the sex he thought he transformed himself into thru surgery. The Court says that his true name does not prejudice him at all, and no law allows the change of entry in the birth certificate as to sex on the ground of sex reassignment. The Court denied the petition.

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