REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF MARINDUQUE

FOURTH JUDICIAL REGION
BRANCH 26
BOAC
PETITION FOR CORRECTION OF
CERTIFICATE OF LIVE BIRTH,
REGISTRY NUMBER 12345
OF THE MUNICIPALITY OF BOAC
PROVINCE OF MARINDUQUE,
Ju!" M"#$"#%, SP& PROC& NO&'()1)12
Petitioner.
-versus-
THE SOLICITOR GENERAL %* +,-
REPUBLIC OF THE PHILIPPINES,
Respondent.
X - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
COMMENTS AND OPPOSITION
The Honorable Solicitor General respectfully submits to this Honorable Court his
Comments and pposition to the petition as follo!s"
I& BRIEF STATEMENTS OF THE AVERMENTS OF THE PETITION.
The petition see#s to chan$e%modify her G&'(&R from )*&+,-&. to
)+,-&. and chan$e her ',+& from )/0-1, +,'2,'. to )&'R130& G1-
+,'2,'. in the Certificate of -ive 4irth recorded in the ffice of the Civil
Re$istrar and the 'ational Statistics ffice.
II& PREFATORY STATEMENT.
5e most respectfully but firmly disa$ree !ith the petition. The petitioner
see#s to chan$e her $ender and name !hich are contrary to the rules of la!.
III& ARGUMENTS.
1& THE REQUIREMENTS OF RULES 1)3 AND 1)/ OF THE RULES OF
COURT HAVE NOT BEEN COMPLIED 0ITH
The petition is fatally defective for non-compliance !ith Rules 678 and 679 of
the Rules of Court since it failed to state that respondent is a bona fide resident
of the province !here the petition !as filed for at least three :8; years prior to the
date of such filin$ as mandated under S-1+!%# 2234, Ru- 1)3 of the Rules of
Court. 5e ar$ue that Ru- 1)/ does not allo! chan$e of sex or $ender in the
birth certificate and respondent<s claimed medical condition #no!n as C,H does
not ma#e her a male.
Rules 103 and 108 of the Rules of Court provide:
Rule 103
CHANGE OF NAME
SECTION 1. Venue. A person desiring to change his name shall present the petition to
the Regional Trial Court of the proince in !hich he resides" #or" in the Cit$ of %anila" to the
&uenile and 'omestic Relations Court(.

SEC. ). Contents of petition. A petition for change of name shall *e signed and erified
*$ the person desiring his name changed" or some other person on his *ehalf" and shall set
forth+
,a- That the petitioner has *een a *ona fide resident of the proince !here the
petition is filed for at least three ,.- $ears prior to the date of such filing/
,*- The cause for !hich the change of the petitioner0s name is sought/
,c- The name as1ed for.

SEC. .. Order for hearing. If the petition filed is sufficient in form and su*stance" the
court" *$ an order reciting the purpose of the petition" shall fi2 a date and place for the hearing
thereof" and shall direct that a cop$ of the order *e pu*lished *efore the hearing at least once a
!ee1 for three ,.- successie !ee1s in some ne!spaper of general circulation pu*lished in the
proince" as the court shall deem *est. The date set for the hearing shall not *e !ithin thirt$ ,.3-
da$s prior to an election nor !ithin four ,4- months after the last pu*lication of the notice.

SEC. 4. 5earing. An$ interested person ma$ appear at the hearing and oppose the
petition. The Solicitor 6eneral or the proper proincial or cit$ fiscal shall appear on *ehalf of the
6oernment of the Repu*lic.

SEC. 7. &udgment. 8pon satisfactor$ proof in open court on the date fi2ed in the order
that such order has *een pu*lished as directed and that the allegations of the petition are true"
the court shall" if proper and reasona*le cause appears for changing the name of the petitioner"
ad9udge that such name *e changed in accordance !ith the pra$er of the petition.
SEC. :. Serice of 9udgment. &udgments or orders rendered in connection !ith this
rule shall *e furnished the ciil registrar of the municipalit$ or cit$ !here the court issuing the
same is situated" !ho shall forth!ith enter the same in the ciil register.
Rule 108
CANCEA!"ON OR CORREC!"ON OF EN!R"E#
"N !HE C"$" REG"#!R%
SECTION 1. ;ho ma$ file petition. An$ person interested in an$ act" eent" order or
decree concerning the ciil status of persons !hich has *een recorded in the ciil register" ma$
file a erified petition for the cancellation or correction of an$ entr$ relating thereto" !ith the
Regional Trial Court of the proince !here the corresponding ciil registr$ is located.
SEC. ). Entries su*9ect to cancellation or correction. 8pon good and alid grounds"
the follo!ing entries in the ciil register ma$ *e cancelled or corrected+ ,a- *irths/ ,*- marriages/
,c- deaths/ ,d- legal separations/ ,e- 9udgments of annulments of marriage/ ,f- 9udgments
declaring marriages oid from the *eginning/ ,g- legitimations/ ,h- adoptions/ ,i-
ac1no!ledgments of natural children/ ,9- naturali<ation/ ,1- election" loss or recoer$ of
citi<enship/ ,l- ciil interdiction/ ,m- 9udicial determination of filiation/ ,n- oluntar$ emancipation
of a minor/ and ,o- changes of name.
SEC. .. =arties. ;hen cancellation or correction of an entr$ in the ciil register is
sought" the ciil registrar and all persons !ho hae or claim an$ interest !hich !ould *e
affected there*$ shall *e made parties to the proceeding.
SEC. 4. Notice and pu*lication. 8pon the filing of the petition" the court shall" *$ an
order" fi2 the time and place for the hearing of the same" and cause reasona*le notice thereof to
*e gien to the persons named in the petition. The court shall also cause the order to *e
pu*lished once a !ee1 for three ,.- consecutie !ee1s in a ne!spaper of general circulation in
the proince.
SEC. 7. Opposition. The ciil registrar and an$ person haing or claiming an$ interest
under the entr$ !hose cancellation or correction is sought ma$" !ithin fifteen ,17- da$s from
notice of the petition" or from the last date of pu*lication of such notice" file his opposition
thereto.
SEC. :. E2pediting proceedings. The court in !hich the proceedings is *rought ma$
ma1e orders e2pediting the proceedings" and ma$ also grant preliminar$ in9unction for the
preseration of the rights of the parties pending such proceedings.
SEC. >. Order. After hearing" the court ma$ either dismiss the petition or issue an
order granting the cancellation or correction pra$ed for. In either case" a certified cop$ of the
9udgment shall *e sered upon the ciil registrar concerned !ho shall annotate the same in his
record.
2& CORRECTION OF ENTRY UNDER RULE 1)/ DOES NOT ALLO0
CHANGE OF 5SE67 OR 5GENDER7 IN THE BIRTH CERTIFICATE, 0HILE
RESPONDENT8S MEDICAL CONDITION, CONGENITAL ADRENAL
HYPERPLASIA DOES NOT MA'E HER A 5MALE&7
The entries envisa$ed in A9+!1- 412 of the Civil Code and correctable
under Ru- 1)/ of the Rules of Court are those provided in A9+!1-: 4); "#<
4)/ of the Civil Code"
ART. 43>. Acts" eents and 9udicial decrees concerning the ciil status of persons shall
*e recorded in the ciil register.

ART. 43?. The follo!ing shall *e entered in the ciil register+

,1- @irths/ ,)- marriages/ ,.- deaths/ ,4- legal separations/ ,7- annulments of marriage/ ,:-
9udgments declaring marriages oid from the *eginning/ ,>- legitimations/ ,?- adoptions/ ,A-
ac1no!ledgments of natural children/ ,13- naturali<ation/ ,11- loss" or ,1)- recoer$ of
citi<enship/ ,1.- ciil interdiction/ ,14- 9udicial determination of filiation/ ,17- oluntar$
emancipation of a minor/ and ,1:- changes of name.
The acts= events or factual errors contemplated under A9+!1- 4); of the
Civil Code include even those that occur after birth. Petitioner undisputedly has
C,H. This condition causes the early or )inappropriate. appearance of male
characteristics. , person= li#e petitioner= !ith this condition produces too much
andro$en= a male hormone.
C,H is one of many conditions that involve intersex anatomy. ,ccordin$ to
5i#ipedia= intersexuality )is the state of a livin$ thin$ of a $onochoristic species
!hose sex chromosomes= $enitalia= and%or secondary sex characteristics are
determined to be neither exclusively male nor female. ,n or$anism !ith intersex
may have biolo$ical characteristics of both male and female sexes.. +ore
commonly= an intersex individual is considered as sufferin$ from a )disorder.
!hich is almost al!ays recommended to be treated= !hether by sur$ery and%or
by ta#in$ lifetime medication in order to mold the individual as neatly as possible
into the cate$ory of either male or female.
3& NO LA0 ALLO0S THE CHANGE OF ENTRY IN THE BIRTH CERTIFICATE
AS TO SE6 ON THE GROUND OF INTERSE6 DISORDER
To correct simply means >to ma#e or set ari$ht or to remove the faults or error
from> !hile to chan$e means >to replace somethin$ !ith somethin$ else of the
same #ind or !ith somethin$ that serves as a substitute.> The birth certificate of
petitioner contained no error. ,ll entries therein= includin$ those correspondin$ to
her first name and sex= !ere all correct. 'o correction is necessary.
1ntersex (isorder is not amon$ the acts or events mentioned in A9+!1- 4); %9
+% "#= :>-1!" "? !# +,- P,!!>>!#-:. 'either is it reco$ni?ed nor even
mentioned by any la!= expressly or impliedly.
+oreover= S-1+!%# 5 %* A1+ 3;53 :the Civil Re$ister -a!; provides"
SEC. 7. Registration and certification of *irths. The declaration of the ph$sician or
mid!ife in attendance at the *irth or" in default thereof" the declaration of either parent of the
ne!*orn child" shall *e sufficient for the registration of a *irth in the ciil register. Such
declaration shall *e e2empt from documentar$ stamp ta2 and shall *e sent to the local ciil
registrar not later than thirt$ da$s after the *irth" *$ the ph$sician or mid!ife in attendance at the
*irth or *$ either parent of the ne!*orn child.
0nder the Civil Re$ister -a!= a birth certificate is a historical record of the
facts as they existed at the time of birth. Thus= the sex of a person is determined
at birth= visually done by the birth attendant :the physician or mid!ife; by
examinin$ the $enitals of the infant. Considerin$ that there is no la! le$ally
reco$ni?in$ intersexuality= the determination of a person<s sex made at the time
of his or her birth= if not attended by error= is immutable.
*or these reasons= !hile petitioner may have developed male
characteristics !hile $ro!in$ up= no la! authori?es the chan$e of entry as to sex
in the civil re$istry for that reason. Thus= there is no le$al basis for his petition for
the correction or chan$e of the entries in his birth certificate.
IV& PRAYER.
0HEREFORE= premises considered= it is most respectfully prayed that
this Honorable Court deny and dismiss the petition for chan$e of name and
cancellation or correction of entries in the Civil Re$istry.
Respectfully submitted.
City of +a#ati= Philippines. September @A= @76B.
4y"
,TTC. +&-1SS, /. 40&'
S-1C1TR G&'&R,-
14P 'o. 6@8BDAE 7B%@6%6@ F +anila
PTR 'o. 6@@88BE 7@%@8%6@ F +anila
Roll 'o. @G@8@E 78%@8%67
+C-& 'o. BDA9HAE 6@%6D%6B
ffice of the Solicitor General
68B ,morsolo St.= -e$a?pi Iilla$e
+a#ati City= Philippines
Copy *urnished"
(&TT& 4. (& -0',
Counsel for Petitioner
14P 'o. HB77DH % 76-78-@76B
Roll 'o. DDDDD
+C-& Compliance 'o. 1I F 777D@7G
(ated +arch @8= @76@