Silverio VS Republic, 537 SCRA 373

Victor Antonio M. Lim

Facts: Silverio, filed a case in the Regional Trial court of Manila to

change his first name which is Rommel Jacinto to Mely and his sex
from male to female in his birth certificate. Silverio alleged that
he is presently a transsexual male, he is born male but thinks and
acts like a female. RTC awarded in his favor his prayer, stating
that it is in line with justice and equality.

In this case, the republic though the Office of Solicitor General,

filed a petition for certiorari in the Court of Appeals stating that
there is no law allowing change of name by reason of sex
alteration. Petitioner filed a motion for reconsideration but was
later denied.

Issue: Whether or not change of name and sex is allowed by

reason of reassignment of sex.

Held: No.
The court held that no Law allows the change of entry in the birth
certificate as to sex on the ground of sex reassignment.
A persons sex is an essential factor in marriage and family
relations. It is a part of a persons legal capacity and civil status.
In this connection, Article 413 of the Civil Code provides:
ART. 413. All other matters pertaining to the registration of
civil status shall be governed by special laws.

But there is no such special law in the Philippines governing sex

reassignment and its effects. This is fatal to petitioners cause.