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Special Proceedings
PURSUIT OF HAPINESS
What is pursuit of happiness? Many define Pursuit of happiness as the
fundamental right to freely pursue a joyful life and to live a life in way that it
makes you happy. However, is this fundamental right absolute? Of course in
all Human rights there is always an exception, in which such a human right
ends when it will prejudice the right of others. Therefore, the pursuit of
happiness, or the pursuit to a happy life is always subject to the limitation
whereby the right to pursue a happy life ends if it will prejudice the right of
others. In other words this right is not absolute for it ends when it will cause
injustice or unfairness to others.
In the controversial case of Silverio vs. Republic and Republic vs.
Cagandahan, the Supreme Court infers its ruling to the Pursuit of happiness.
Both cases deal with the change of sexual status. However, in the case of
Silverio the Supreme Court denied the petition of Silverio to change his
status from male to female, while in the case of Cagandahan, the Court
grants his petition to change her status from female to male. The court in the
Silverio case did not consider Silverios right to pursue a life of happiness,
while in the Cagandahan case, the court somehow base its decision to
Cagandahans pursuit of happiness. Hence, base from the forgoing, it can be
gleamed that there is controversy with regard to the pursuit of happiness of
a man and a women to his sex preference.