Silverio V Republic Leg Res (Art. 9 Civil Code)

ROSELYN MIA ALCOPRA ABELLA
I-WIGMORE
TITLE: SILVERIO v. REPUBLIC G.R. No. 174689

STATEMENT OF THE CASE:
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Civil Law
Change of factual information in birth certificate
STATEMENT OF FACTS:
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The petitioner Rommel Jacinto Dantes Silvero undergone sex reassignment in

Bangkok, Thailand. He was thereafter examined by Dr. Marcelino Reysio-Cruz,
Jr., a plastic and reconstruction surgeon in the Philippines, who issued a medical
certificate attesting that he (petitioner) had in fact undergone the procedure.
Since the petitioner believes that he acquired all the physical features of a
female, he filed a petition for the change of his first name Rommel Jacinto
Dantes Silvero to Mely and his sex male to female.
ISSUE OF THE CASE:

-
The petitioner has always felt, acted and thought that he is a woman who is
trapped in a mans body and is not his own doing and should not be in any way
taken against him.
With these reasons, on June 4, 2003, the trial court had given a decision of favoring
the petition of Silverion and rendered GRANTING the petition and ordering the Civil
Registrar of Manila to hear the petition since the following reasons were considered:
1. The petition would be more in consonance with the principles of justice and
equity.
2. 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 muchawaited happiness on the part of the petitioner and her American fianc (Richard
P. Edel) and the realization of their dreams.
3. No evidence was presented to show any cause or ground to deny the present
petition despite due notice and publication thereof. Even the State, through the
[OSG] has not seen fit to interpose any opposition.
But on August 18, 2003 the Republic of the Philippines, thru the OSG file a petition
in the Court Appeals that there is no law allowing the change of entries in the birth
certificate by reason of sex alteration. The Court Appeal provided a decision in favor
of the Republic on February 23, 2006. The decision of the trial court was set aside
and dismissed.
The petitioner invoked his sex rearrangement as the ground for his petition to
change his first name and his sex. But, the following are the reasons why the petition
of Silverio was not approved:
1. ART. 376. No person can change his name or surname without judicial authority.
2. SECTION 1 of RA 9048. Authority to Correct Clerical or Typographical Error and
Change of First Name or Nickname.
3. SECTION 4 of RA 9048. Grounds for Change of First Name or Nickname. The
petition for change of first name or nickname may be allowed in any of the
following cases:
(1) The petitioner finds the first name or nickname to be ridiculous, tainted with
dishonor or extremely difficult to write or pronounce;
ROSELYN MIA ALCOPRA ABELLA

I-WIGMORE
(2) The new first name or nickname has been habitually and continuously used
by the petitioner and he has been publicly known by that first name or nickname
in the community; or
(3) The change will avoid confusion.
4. Section 5 of Act 3753 (the Civil Register Law) provides:
SEC. 5. Registration and certification of births. The declaration of the physician
or midwife in attendance at the birth or, in default thereof, the declaration of either
parent of the newborn child, shall be sufficient for the registration of a birth in the
civil register. Such declaration shall be exempt from documentary stamp tax and
shall be sent to the local civil registrar not later than thirty days after the birth, by
the physician or midwife in attendance at the birth or by either parent of the
newborn child.
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Since the petitioner doesnt have any reasons to change his name and sex
based on the reasons mentioned above, the petition was denied and because 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.
RULING OF THE COURT:

-
Trial Court: Grant petition in consonance with the principles of justice and
equity. Petitioners misfortune to be trapped in a mans body is not his own doing
and should not be in any way taken against him.
CA: Reverse No law allowing the change of either name or sex in the certificate
of birth on the ground of sex reassignment through surgery.
DISPOSITION/DISPOSITIVE PORTION
-
The court recognizes that there are people whose preferences are contrary to
their parameters, but there are also policies that should only be decided by the
legislature and not by the courts.
WHEREFORE, the petition is hereby DENIED

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ROSELYN MIA ALCOPRA ABELLA

TITLE: SILVERIO v. REPUBLIC G.R. No. 174689

The petitioner Rommel Jacinto Dantes Silvero undergone sex reassignment in

ISSUE OF THE CASE:

ROSELYN MIA ALCOPRA ABELLA

RULING OF THE COURT:

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