CASE DIGEST: ROMMEL JACINTO DANTES SILVERIO vs. REPUBLIC OF THE PHILIPPINES, G.R. No. 174689, October 22, 2007
Rommel Jacinto Dantes Silverio filed a petition for the change of his first name to “Mely” and sex (gender) in his birth certificate be changed to female since he underwent sex reassignment surgery. The OSG alleges that there is no law allowing the change of entries in the live birth certificate by reason of sex reassignment surgery.
Whether or not a person may successfully petition for a change of name and sex appearing in the live birth certificate to reflect the result of a sex reassignment surgery.
No. It is the statutes that defines who may file petitions for change of first name and for correction or change of entries in the civil registry, where they may be filed, what grounds may be invoked, what proof must be presented and what procedures shall be observed. Presently, there is no law allowing the change of entries in the birth certificate by reason of sex alteration.
The birth certificate of petitioner contained no error. All entries, including those corresponding to his first name and sex, were all correct. No correction is necessary. A law has to be enacted by the legislative body laying down the guidelines governing the change of entries in birth certificate due to sex reassignment in order to enter the same in civil registry.
CASE DIGEST | SUPREME COURT | PHILIPPINES | CONSTITUTIONAL LAW