ROMMEL JACINTO DANTES SILVERIO

vs.
REPUBLIC OF THE PHILIPPINES
G.R. No. 174689, October 22 2007

PARTIES:

Petitioner: Rommel Jacinto Dantes Silverio

Respondent: Republic of the Philippines

FACTS:

Rommel Jacinto Dantes Silverio is a male transsexual. He’s a biological

male who feels trapped in a male body. Being that, he sought gender re-
assignment in Bangkok, Thailand. The procedure was successful – he
(she) now has a female body. Thereafter, in 2002, he filed a petition for the
change of his first name (from Rommel to Mely) and his sex (male to
female) in his birth certificate. He filed the petition before the Manila RTC.
He wanted to make these changes, among others, so that he can marry his
American fiancé.
The RTC granted Silverio’s petition. The RTC ruled that it should be
granted based on equity; that Silverio’s misfortune to be trapped in a man’s
body is not his own doing and should not be in any way taken against him;
that there was no opposition to his petition (even the OSG did not make
any basis for opposition at this point); that no harm, injury or prejudice will
be caused to anybody or the community in granting the petition. On the
contrary, granting the petition would bring the much-awaited happiness on
the part of Silverio and [her] fiancé and the realization of their dreams.
Later, a petition for certiorari was filed by the OSG before the CA. The CA
reversed the decision of the RTC.
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 reconsideration but was denied.

ISSUE:
Whether or not the entries pertaining to sex and first name in the birth
certificate may be changed on the ground of gender re-assignment.

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.