Rommel Jacinto Dantes Silverio vs Republic of the Philippines

GR No. 174689. October 22, 2007

FACTS:

Rommel Jacinto Dantes Silverio is a male transsexual. Hes a biological male who feels trapped in a male
body. Being that, he sought gender re-assignment in Bangkok, Thailand.

On November 22, 2003, he filed a petition in the Regional Trial Court of Manila for the change of his first
name (from Rommel to Mely) and his sex (from male to female) in his birth certificate. He wanted to
make these changes, among others, so that he can marry his American fianc. On June 4, 2003, the RTC
rendered in favor of petitioner as it would be more in consonance with the principle of justice and equity.

The RTC granted Silverios petition. The RTC ruled that it should be granted based on equity and that
Silverios misfortune to be trapped in a mans body is not his own doing and that no harm, injury or
prejudice will be caused to anybody or the community in granting the petition.

ISSUE:

Whether or not a person born male would be entitled to change of sex and first name on the ground of sex
reassignment and afterwards be legally capacitated to enter into marriage with another man.

HELD:

No. The Supreme Court ruled that 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 petitioners basis of the change of his name
is that he intends his first name compatible with the sex he thought he transformed himself into through
surgery. The Supreme 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. 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 Supreme Court denied the petition.