SILVERIO vs. REPUBLIC (Special Proceedings)

G.R. No. 174689             October 22, 2007

ROMMEL JACINTO DANTES SILVERIO,petitioner, 

vs.

REPUBLIC OF THE PHILIPPINES, respondent.

FACTS:

Petitioner Rommel Jacinto Dantes Silverio filed a petition for the change of his first name and sex. He alleged that he is a male transsexual, that is, "anatomically male but feels, thinks and acts as a female" and that he had always identified himself with girls since childhood. Feeling trapped in a man's body, he consulted several doctors in the United States. He underwent psychological examination, hormone treatment and breast augmentation. His attempts to transform himself to a "woman" culminated on January 27, 2001 when he underwent sex reassignment surgery. 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 or not petitioner is entitled to the relief asked for.

RULING:

The RTC granted the petition and is of the opinion that granting the petition would be more in consonance with the principles of justice and equity. However, the Republic of the Philippines (Republic), thru the OSG, filed a petition for certiorari in the Court of Appeals. It alleged that there is no law allowing the change of entries in the birth certificate by reason of sex alteration. Thus, the Court of Appeals granted the Republic's petition, set aside the decision of the RTC and ordered the dismissal of the case. Petitioner moved for reconsideration but it was denied. Hence, this petition.

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. Petitions for change of name are controlled by statutes.

A change of name does not alter one's legal capacity or civil status. 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. In this case, he failed to show, or even allege, any prejudice that he might suffer as a result of using his true and official name.

To correct simply means "to make or set aright; to remove the faults or error from" while to change means "to replace something with something else of the same kind or with something that serves as a substitute." The birth certificate of petitioner contained no error. All entries therein, including those corresponding to his first name and sex, were all correct. No correction is necessary.

For these reasons, 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.

WHEREFORE, the petition is hereby DENIED.