ROMMEL JACINTO and DANTES SILVERIO, petitioners v.
REPUBLIC OF THE PHILIPPINES, respondent
G.R. 174689. October 22, 1997
Facts:
On November 26, 2002, petitioner Rommel Jacinto Dantes Silverio filed a petition for the change of his first name and sex in his birth certificate in RTC Manila. His name was registered as “Rommel Jacinto Dantes Silverio” in his certificate of live birth (birth certificate). His sex was registered as “male.” He further alleged that he is a male transsexual, that is, “anatomically male but feels, thinks and acts as a female” and that he had always identified himself with girls since childhood. His attempts to transform himself to a “woman” culminated on January 27, 2001 when he underwent sex reassignment surgery in Bangkok, Thailand. From then on, petitioner lived as a female and was in fact engaged to be married. He then sought to have his name in his birth certificate changed from “Rommel Jacinto” to “Mely,” and his sex from “male” to “female.”
Judgment is hereby rendered GRANTING the petition and ordering the Civil Registrar to change the entries appearing in the Certificate of Birth of petitioner, specifically for petitioner’s first name from “Rommel Jacinto” to MELY and petitioner’s gender from “Male” to FEMALE.The Court of Appeals rendered a decision in favor of the Republic. It ruled that the trial court’s decision lacked legal basis.
Issue:
Whether or not the entries on the Birth Certificate of the petitioner can be changed.
Ruling:
The petition lacks merit. Person’s First Name Cannot Be Changed On the Ground of Sex Reassignment. The State has an interest in the names borne by individuals and entities for purposes of identification. A change of name is a privilege, not a right. Petitions for change of name are controlled by statutes. In this connection, Article 376 of the Civil Code provides that “No person can change his name or surname without judicial authority.”
No Law Allows The Change of Entry In The Birth Certificate As To Sex On the Ground of Sex Reassignment. The determination of a person’s sex appearing in his birth certificate is a legal issue and the court must look to the statutes. In this connection, Article 412 of the Civil Code provides that “No entry in the civil register shall be changed or corrected without a judicial order.” For these reasons, while petitioner may have succeeded in altering his body and appearance through the intervention of modern surgery, no law authorizes the change of entry as to sex in the civil registry for that reason. Thus, there is no legal basis for his petition for the correction or change of the entries in his birth certificate.
Neither May Entries in the Birth Certificate As to First Name or Sex Be Changed on the Ground of Equity. The trial court opined that its grant of the petition was in consonance with the principles of justice and equity. It believed that allowing the petition would cause no harm, injury or prejudice to anyone. This is wrong.
The Court recognizes that there are people whose preferences and orientation do not fit neatly into the commonly recognized parameters of social convention and that, at least for them, life is indeed an ordeal. However, the remedies petitioner seeks involve questions of public policy to be addressed solely by the legislature, not by the courts.
