Rome Jacinto Dantes Silverio vs.

Republic of the Philippines

G.R. No. 174689
October 22, 2007

Facts:

A person under the name of Romel Jacinto Dantes Silverio (petitioner), born male sought for the
change of his name and sex for the reason of sex reassignment. The Republic of the Philippines, thru the OSG
responded, on August 18, 2003, by filing a petition in the court of appeals, that there is no law allowing the
change of entries in the birth certificate by reason of sex alteration.

On February 23, 2006, the Court of Appeals rendered a decision in favor of the Republic. The State has
an interest in the names borne by individuals and entities for purposes of identification. The petitioner was
engaged and soon to be married, and thus, wanting to acquire favor to change his name and sex in accordance
of the sex alteration he had undergone through surgery.

Issue:

Whether change of name and sex on the ground of sex reassignment is justifiable under the Republic
of the Philippines.

Ruling:

The petition was denied.

In the Republic of the Philippines, there is no law allowing the change of the name of a person nor his
sex solely by reason of sex alteration or reassignment. Change of entries in the birth certificate is allowable
under certain circumstances as allowed by the Local Civil Registrar concerned. Moreover, such changes is
administrative in nature and not judicial. More importantly, it had no merit since the use of his true and official
name does not prejudice him at all.

Under the Civil Register Law, a birth certificate is historical record of the facts as they existed at the
time of birth. Thus, the sex of the person is determined at birth, visually done by physician or midwife by
examining the genital of the infant. The determination of a person’s sex made at the time if his or her birth, if
not attended by error, is immutable.

Although, the petitioner may have succeeded in altering his body and appearance through the
intervention of modern technology and surgery, no legal (law) basis allowing such entries to be changed as he
wish. The remedies petitioner seeks involve questions of public policy and to be addressed solely by the
legislature, not by the courts.

RITCHENFEL 1