G.R. No. 174689 October 22, 2007
Change of First Name and Sex
Facts: Petitioner Rommel Jacinto Dantes Silverio filed a petition for the change of his first name and sex in his birth certificate. Petitioner alleged in his petition that his name was registered as "Rommel Jacinto Dantes Silverio" in his birth certificate and was registered as "male."
He further alleged that he is a male transsexual. His attempts to transform himself to a "woman" culminated when he underwent sex reassignment surgery. He was thereafter examined by a plastic and reconstruction surgeon in the Philippines, who issued a medical certificate attesting that he (petitioner) had in fact undergone the procedure.
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."
Issue: Whether petitioner is entitled to the relief asked for.
Held: 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. Petitioner’s basis in praying for the change of his first name was his sex reassignment. RA 9048 does not sanction a change of first name on the ground of sex reassignment. Rather than avoiding confusion, changing petitioner’s first name for his declared purpose may only create grave complications in the civil registry and the public interest.
Before a person can legally change his given name, he must present proper or reasonable cause or any compelling reason justifying such change. In addition, he must show that he will be prejudiced by the use of his true and official name.
Under the Civil Register Law, a birth certificate is a historical record of the facts as they existed at the time of birth. Thus, the sex of a person is determined at birth, visually done by the birth attendant (the physician or midwife) by examining the genitals of the infant. Considering that there is no law legally recognizing sex reassignment, the determination of a person’s sex made at the time of his or her birth, if not attended by error, is immutable.
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.
The changes sought by petitioner will have serious and wide-ranging legal and public policy consequences. To grant the changes sought by petitioner will substantially reconfigure and greatly alter the laws on marriage and family relations.
WHEREFORE, the petition is hereby DENIED.
Change of First Name and Sex
Facts: Petitioner Rommel Jacinto Dantes Silverio filed a petition for the change of his first name and sex in his birth certificate. Petitioner alleged in his petition that his name was registered as "Rommel Jacinto Dantes Silverio" in his birth certificate and was registered as "male."
He further alleged that he is a male transsexual. His attempts to transform himself to a "woman" culminated when he underwent sex reassignment surgery. He was thereafter examined by a plastic and reconstruction surgeon in the Philippines, who issued a medical certificate attesting that he (petitioner) had in fact undergone the procedure.
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."
Issue: Whether petitioner is entitled to the relief asked for.
Held: 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. Petitioner’s basis in praying for the change of his first name was his sex reassignment. RA 9048 does not sanction a change of first name on the ground of sex reassignment. Rather than avoiding confusion, changing petitioner’s first name for his declared purpose may only create grave complications in the civil registry and the public interest.
Before a person can legally change his given name, he must present proper or reasonable cause or any compelling reason justifying such change. In addition, he must show that he will be prejudiced by the use of his true and official name.
Under the Civil Register Law, a birth certificate is a historical record of the facts as they existed at the time of birth. Thus, the sex of a person is determined at birth, visually done by the birth attendant (the physician or midwife) by examining the genitals of the infant. Considering that there is no law legally recognizing sex reassignment, the determination of a person’s sex made at the time of his or her birth, if not attended by error, is immutable.
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.
The changes sought by petitioner will have serious and wide-ranging legal and public policy consequences. To grant the changes sought by petitioner will substantially reconfigure and greatly alter the laws on marriage and family relations.
WHEREFORE, the petition is hereby DENIED.
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