Silverio Case Dig

GUSTAVO F.
DALEN
LLB 1-D
LEGAL WRITING
CASE 1.
ROMMEL JACINTO DANTES SILVERIO (Petitioner)
VS. REPUBLIC OF THE PHILIPPINES (Respondent)
G.R. No. 174689
FACTS:
Rommel Jacinto Dantes Silverio a biological male who feels trapped in a male body.
Being that, he sought gender re-assignment in Bangkok, Thailand. The procedure was
successful and he now has a female body. In November 26 2002, he filed a petition for the
change of his first name from Rommel to Mely and his sex from male to female in his birth
certificate. He filed the petition before the Regional Trial Court of Manila, Branch 8, docketed as
SP Case No. 02-105207. He wanted to make these changes, among others, so that he can
marry his American fianc.
The RTC ruled that it should be granted based on equity; that Silverios misfortune to be
trapped in a mans body is not his own doing and should not be in any way taken against him;
that there was no opposition to his petition; that no harm, injury or prejudice will be caused to
anybody or the community in granting the petition. On the contrary, granting the petition would
bring the much-awaited happiness on the part of Silverio and [her] fianc and the realization of
their dreams.
On August 18, 2003, the Republic of the Philippines, thru the Office of the Solicitor
General (OSG), filed a petition for certiorari in the Court of Appeals. [6] It alleged that there is no
law allowing the change of entries in the birth certificate by reason of sex alteration.
The CA reversed the decision of the RTC.

ISSUE:
Whether the entries pertaining to sex and first name in the birth certificate may be
changed on the ground of gender re-assignment.
HELD:
No. The Supreme Court ruled that the change of such entries finds no support in existing
legislation.
Issue on the change of first name
In 2001, Republic Act 9048 was passed. This law provides that it should be the local civil
registrar that has jurisdiction in petitions for the change of first names and not the regular courts.
Hence, the petition of Silverio insofar as his first name is concerned is procedurally infirm. Even
assuming that the petition filed properly, it cannot be granted still because the ground upon
which it is based (gender re-assignment) is not one of those provided for by the law. Under the
law, a change of name may only be grounded on the following:
(1) The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor
or extremely difficult to write or pronounce;
(2) The new first name or nickname has been habitually and continuously used by the
petitioner and he has been publicly known by that first name or nickname in the community; or
(3) The change will avoid confusion.
Unfortunately, Silverio did not allege any of the above, he merely alleged gender reassignment as the basis.
Issue on the change of sex
This entry cannot be changed either via a petition before the regular courts or a petition
for the local civil registry. Not with the courts because there is no law to support it. And not with
the civil registry because there is no clerical error involved. Silverio was born a male hence it
was just but right that the entry written in his birth certificate is that he is a male. The sex of a
person is determined at birth, visually done by the birth attendant (the physician or midwife) by
examining the genitals of the infant. Considering that there is no law legally recognizing sex
reassignment, the determination of a persons sex made at the time of his or her birth, if not
attended by error, is immutable.
But what about equity, as ruled by the RTC?
No. According to the SC, this amounts to judicial legislation. To grant the changes sought
by Silverio will substantially reconfigure and greatly alter the laws on marriage and family
relations. It will allow the union of a man with another man who has undergone sex
reassignment (a male-to-female post-operative transsexual). Second, there are various laws
which apply particularly to women such as the provisions of the Labor Code on employment of
women, certain felonies under the Revised Penal Code and the presumption of survivorship in
case of calamities under Rule 131 of the Rules of Court, among others. These laws underscore
the public policy in relation to women which could be substantially affected if Silverios petition
were to be granted.
But the SC emphasized: If the legislature intends to confer on a person who has
undergone sex reassignment the privilege to change his name and sex to conform with his
reassigned sex, it has to enact legislation laying down the guidelines in turn governing the
conferment of that privilege.

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GUSTAVO F.

The CA reversed the decision of the RTC.

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