UNDER THE LAW

EPISODE 37
 SILVERIO V. REPUBLIC
G.R. 174689
OCTOBER 22, 2007

REPUBLIC V. CAGANDAHAN
G.R. NO. 166676
SEPTEMBER 12, 2008
 IS CHANGE OF LAST
NAME (SURNAME) AND
GENDER (SEX)
ALLOWED IN THE
PHILIPPINES?

SILVERIO V. REPUBLIC
G.R. 174689
OCTOBER 22, 2007
 SILVERIO V. REPUBLIC
G.R. 174689, OCTOBER 22, 2007
NO LAW ALLOWS THE CHANGE OF ENTRY IN THE BIRTH CERTIFICATE AS TO
SEX ON THE GROUND OF SEX REASSIGNMENT

SECTION 2(C) OF RA 9048 DEFINES WHAT A "CLERICAL OR

TYPOGRAPHICAL ERROR" IS:
SECTION 2. DEFINITION OF TERMS. – AS USED IN THIS ACT, THE
FOLLOWING TERMS SHALL MEAN:
XXX XXX XXX
(3) "CLERICAL OR TYPOGRAPHICAL ERROR" REFERS TO A
MISTAKE COMMITTED IN THE PERFORMANCE OF CLERICAL
WORK IN WRITING, COPYING, TRANSCRIBING OR TYPING AN
ENTRY IN THE CIVIL REGISTER THAT IS HARMLESS AND
INNOCUOUS, SUCH AS MISSPELLED NAME OR MISSPELLED
PLACE OF BIRTH OR THE LIKE, WHICH IS VISIBLE TO THE EYES
OR OBVIOUS TO THE UNDERSTANDING, AND CAN BE
CORRECTED OR CHANGED ONLY BY REFERENCE TO OTHER
EXISTING RECORD OR RECORDS: PROVIDED, HOWEVER, THAT
NO CORRECTION MUST INVOLVE THE CHANGE OF
NATIONALITY, AGE, STATUS OR SEX OF THE PETITIONER.
(EMPHASIS SUPPLIED)
 UNDER THE FAMILY CODE OF THE PHILIPPINES

MARRIAGE
CHAPTER 1. REQUISITES OF MARRIAGE

ARTICLE 1. MARRIAGE IS A SPECIAL

CONTRACT OF PERMANENT UNION BETWEEN
A MAN AND A WOMAN ENTERED INTO IN
ACCORDANCE WITH LAW FOR THE
ESTABLISHMENT OF CONJUGAL AND FAMILY
LIFE. IT IS THE FOUNDATION OF THE FAMILY
AND AN INVIOLABLE SOCIAL INSTITUTION
WHOSE NATURE, CONSEQUENCES, AND
INCIDENTS ARE GOVERNED BY LAW AND NOT
SUBJECT TO STIPULATION, EXCEPT THAT
MARRIAGE SETTLEMENTS MAY FIX THE
PROPERTY RELATIONS DURING THE
MARRIAGE WITHIN THE LIMITS PROVIDED BY
WHAT IS THE RULING IF
A PERSON BOTH
ACQUIRES MALE AND
FEMALE
CHARACTERISTICS IN
THE PHILIPPINES?
(CONDITION OF CONGENITAL
ADRENAL HYPERPLASIA [CAH])

REPUBLIC V. CAGANDAHAN
G.R. NO. 166676
 REPUBLIC V. CAGANDAHAN
G.R. NO. 166676
SEPTEMBER 12, 2008

WE ARE OF THE VIEW THAT WHERE THE PERSON IS

BIOLOGICALLY OR NATURALLY INTERSEX THE
DETERMINING FACTOR IN HIS GENDER
CLASSIFICATION WOULD BE WHAT THE INDIVIDUAL,
LIKE RESPONDENT, HAVING REACHED THE AGE OF
MAJORITY, WITH GOOD REASON THINKS OF HIS/HER
SEX. RESPONDENT HERE THINKS OF HIMSELF AS A
MALE AND CONSIDERING THAT HIS BODY
PRODUCES HIGH LEVELS OF MALE HORMONES
(ANDROGEN) THERE IS PREPONDERANT
BIOLOGICAL SUPPORT FOR CONSIDERING HIM AS
BEING MALE. SEXUAL DEVELOPMENT IN CASES OF
INTERSEX PERSONS MAKES THE GENDER
CLASSIFICATION AT BIRTH INCONCLUSIVE. IT IS AT
MATURITY THAT THE GENDER OF SUCH PERSONS,
LIKE RESPONDENT, IS FIXED.
UNDER THE LAW
EPISODE 38
 ALANIS VS. COURT OF
APPEALS
G.R. NO. 216425
NOVEMBER 11, 2020

OTHER RULINGS ON THE

CHANGE OF SURNAME FOR
ILLEGITIMATE AND ADOPTED
CHILDREN
CAN A CHILD USE THE
SURNAME OF HIS
MOTHER ONLY AND
NOT HIS FATHER’S
LAST NAME?

ALANIS VS. COURT OF APPEALS

G.R. NO. 216425
NOVEMBER 11, 2020
 FAMILY CODE OF THE PHILIPPINES

ARTICLE 174. LEGITIMATE CHILDREN

SHALL HAVE THE RIGHT:
(1) TO BEAR THE SURNAMES OF THE
FATHER AND THE MOTHER, IN
CONFORMITY WITH THE PROVISIONS
OF THE CIVIL CODE ON SURNAMES[.]
XXX
ARTICLE 364. LEGITIMATE AND
LEGITIMATED CHILDREN SHALL
PRINCIPALLY USE THE SURNAME OF
THE FATHER.
 ALANIS VS. COURT OF APPEALS
G.R. NO. 216425
NOVEMBER 11, 2020

THE PROVISION STATES THAT

LEGITIMATE CHILDREN SHALL
"PRINCIPALLY" USE THE SURNAME
OF THE FATHER, BUT "PRINCIPALLY"
DOES NOT MEAN "EXCLUSIVELY."
THIS GIVES AMPLE ROOM TO
INCORPORATE INTO ARTICLE 364
THE STATE POLICY OF ENSURING
THE FUNDAMENTAL EQUALITY OF
WOMEN AND MEN BEFORE THE LAW,
AND NO DISCERNIBLE REASON TO
IGNORE IT. (ALFON V. REPUBLIC, 1980)
 OTHER RULINGS ON CHANGE OF THE SURNAME

ILLEGITIMATE CHILDREN:

ARTICLE 176 (OF THE FAMILY CODE).

ILLEGITIMATE CHILDREN SHALL USE
THE SURNAME AND SHALL BE
UNDER THE PARENTAL AUTHORITY
OF THEIR MOTHER, AND SHALL BE
ENTITLED TO SUPPORT IN
CONFORMITY WITH THIS CODE.
 OTHER RULINGS ON CHANGE OF THE SURNAME

ADOPTED CHILDREN:
APPLICABLE LAW : RA 11642
“DOMESTIC ADMINISTRATIVE ADOPTION AND
ALTERNATIVE CHILD CARE ACT (NEW ADOPTION LAW”

ARTICLE V
EFFECTS OF ADOPTION
SECTION 41. LEGITIMACY. – XXXXX
THE ADOPTER IS ALSO GIVEN THE RIGHT TO CHOOSE
THE NAME BY WHICH THE CHILD IS TO BE KNOWN,
CONSISTENT WITH THE BEST INTEREST OF THE
CHILD.