Silverio vs.

Republic

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. Rommel's first name and sex be changed on the ground of

sex reassignment shall not be granted.

RATIO:

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.. 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

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.