Case Digest For Family Code

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 1

Rommel Jacinto Dantes Silverio vs. Court of Appeals. Facts: Mr.

Silverio filed a petition to change his first name and his sex to the Regional Trial Court of Manila, Branch 8, with the respondent Civil Registrar of Manila. Lower court granted the request on grounds of Equity that it is in the pursuit of happiness and his action had no malice whatsoever. Court of Appeals halted the decision, that it had no legal basis that changing of the first name and sex has public repercussions hence a public interest. That Sect 5 of Act 3753 of the Civil Registrar Law states that on registration and birth certificates that they are immutable characteristics of a person, and changes and corrections are only for typos, faults of the physicians detection. Changing of ones first name is a right and not a priviledge. Furthermore, there are no special laws, according to Article 413 of the Civil Code which govern sex reassignment that due fault is in the lower court, that even if it is in Article 9 that Judgement shall not be withheld on the ground of silence, obscurity or deficiency of the laws it is still not within the jurisdiction of the court to legislate laws, they are mere interpreters.

You might also like