Академический Документы
Профессиональный Документы
Культура Документы
ROMMEL JACINTO DANTES G.R. No. 174689 sex appearing in the birth certificate to reflect the result of a sex reassignment surgery?
SILVERIO,
Petitioner, Present:
On November 26, 2002, petitioner Rommel Jacinto Dantes Silverio filed a petition for
PUNO, C.J., Chairpe
rson, the change of his first name and sex in his birth certificate in the Regional Trial Court
SANDOVAL-GUTIERREZ,
- v e r s u s - CORONA,
of Manila, Branch 8. The petition, docketed as SP Case No. 02-105207, impleaded the
AZCUNA and
GARCIA, JJ.
civil registrar of Manila as respondent.
REPUBLIC OF THE
PHILIPPINES,
Respondent. Promulgated: Petitioner alleged in his petition that he was born in the City of Manila to the spouses
October 22, 2007
Melecio Petines Silverio and Anita Aquino Dantes on April 4, 1962. His name was
x---------------------------------------------------x
registered as Rommel Jacinto Dantes Silverio in his certificate of live birth (birth
When God created man, He made him in He further alleged that he is a male transsexual, that is, anatomically male but feels,
the likeness of God; He created them
male and female. (Genesis 5:1-2) thinks and acts as a female and that he had always identified himself with girls since
Amihan gazed upon the bamboo reed childhood.[1] Feeling trapped in a mans body, he consulted several doctors in the
planted by Bathala and she heard voices
coming from inside the bamboo. Oh United States. He underwent psychological examination, hormone treatment and
North Wind! North Wind! Please let us
out!, the voices said. She pecked the reed breast augmentation. His attempts to transform himself to a woman culminated on
once, then twice. All of a sudden, the
bamboo cracked and slit open. Out came January 27, 2001 when he underwent sex reassignment surgery[2] in Bangkok,
two human beings; one was a male and
the other was a female. Amihan named Thailand. He was thereafter examined by Dr. Marcelino Reysio-Cruz, Jr., a plastic and
the man Malakas (Strong) and the
woman Maganda (Beautiful). (The
reconstruction surgeon in the Philippines, who issued a medical certificate attesting
Legend of Malakas and Maganda)
that he (petitioner) had in fact undergone the procedure.
When is a man a man and when is a woman a woman? In particular, does the law
recognize the changes made by a physician using scalpel, drugs and counseling with
physique of a female. Petitioners misfortune to be trapped in a mans
From then on, petitioner lived as a female and was in fact engaged to be married. He body is not his own doing and should not be in any way taken against
him.
then sought to have his name in his birth certificate changed from Rommel Jacinto to
Likewise, the [c]ourt believes that no harm, injury [or]
Mely, and his sex from male to female. 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 the petitioner and her [fianc]
An order setting the case for initial hearing was published in the Peoples Journal and the realization of their dreams.
On August 18, 2003, the Republic of the Philippines (Republic), thru the
During trial, petitioner testified for himself. He also presented Dr. Reysio-Cruz, Jr. and
OSG, filed a petition for certiorari in the Court of Appeals.[6] It alleged that there is no
his American fianc, Richard P. Edel, as witnesses.
law allowing the change of entries in the birth certificate by reason of sex alteration.
On June 4, 2003, the trial court rendered a decision[4] in favor of petitioner. Its relevant
On February 23, 2006, the Court of Appeals[7] rendered a decision[8] in favor
portions read:
of the Republic. It ruled that the trial courts decision lacked legal basis. There is no
Petitioner filed the present petition not to evade any law or
judgment or any infraction thereof or for any unlawful motive but law allowing the change of either name or sex in the certificate of birth on the ground
solely for the purpose of making his birth records compatible with
his present sex.
of sex reassignment through surgery. Thus, the Court of Appeals granted the Republics
The sole issue here is whether or not petitioner is entitled
to the relief asked for. petition, set aside the decision of the trial court and ordered the dismissal of SP Case
The [c]ourt rules in the affirmative. No. 02-105207. Petitioner moved for reconsideration but it was denied. [9] Hence, this
certificate is allowed under Articles 407 to 413 of the Civil Code, Rules 103 and 108 This Civil Code provision was amended by RA 9048 (Clerical Error Law).
authority to entertain petitions for change of first name to the city or municipal civil
Petitioner invoked his sex reassignment as the ground for his petition for change of registrar or consul general concerned. Under the law, therefore, jurisdiction over
name and sex. As found by the trial court: applications for change of first name is now primarily lodged with the aforementioned
Petitioner filed the present petition not to evade any law or
judgment or any infraction thereof or for any unlawful motive administrative officers. The intent and effect of the law is to exclude the change of
but solely for the purpose of making his birth records
compatible with his present sex. (emphasis supplied) first name from the coverage of Rules 103 (Change of Name) and 108 (Cancellation
or Correction of Entries in the Civil Registry) of the Rules of Court, until and unless
Petitioner believes that after having acquired the physical features of a
an administrative petition for change of name is first filed and subsequently
female, he became entitled to the civil registry changes sought. We disagree.
denied.[15] It likewise lays down the corresponding venue, [16] form[17] and procedure.
The State has an interest in the names borne by individuals and entities for In sum, the remedy and the proceedings regulating change of first name are primarily
purposes of identification.[11] A change of name is a privilege, not a right.[12] Petitions administrative in nature, not judicial.
for change of name are controlled by statutes.[13] In this connection, Article 376 of the RA 9048 likewise provides the grounds for which change of first name may
official name does not prejudice him at all. For all these reasons, the Court of Appeals
Petitioners basis in praying for the change of his first name was his sex
correctly dismissed petitioners petition in so far as the change of his first name was
reassignment. He intended to make his first name compatible with the sex he thought
concerned.
he transformed himself into through surgery. However, a change of name does not
NO LAW
alter ones legal capacity or civil status.[18] RA 9048 does not sanction a change of first ALLOWS THE
CHANGE OF
name on the ground of sex reassignment. Rather than avoiding confusion, changing ENTRY IN
THE BIRTH
petitioners first name for his declared purpose may only create grave complications in CERTIFICAT
E AS TO SEX
the civil registry and the public interest. ON THE
GROUND OF
SEX
Before a person can legally change his given name, he must present proper REASSIGNME
NT
or reasonable cause or any compelling reason justifying such change. [19] In addition,
he must show that he will be prejudiced by the use of his true and official name. [20] In
The determination of a persons sex appearing in his birth certificate is a legal
this case, he failed to show, or even allege, any prejudice that he might suffer as a
issue and the court must look to the statutes.[21] In this connection, Article 412 of the
result of using his true and official name.
Civil Code provides:
Together with Article 376 of the Civil Code, this provision was amended by Rule 108 of the Rules of Court are those provided in Articles 407 and 408 of the Civil
RA 9048 in so far as clerical or typographical errors are involved. The correction or Code:[24]
change of such matters can now be made through administrative proceedings and ART. 407. Acts, events and judicial decrees concerning the civil
status of persons shall be recorded in the civil register.
without the need for a judicial order. In effect, RA 9048 removed from the ambit of
ART. 408. The following shall be entered in the civil register:
[22]
Rule 108 of the Rules of Court the correction of such errors. Rule 108 now applies
(1) Births; (2) marriages; (3) deaths; (4) legal separations; (5)
only to substantial changes and corrections in entries in the civil register. [23] annulments of marriage; (6) judgments declaring marriages void
from the beginning; (7) legitimations; (8) adoptions; (9)
acknowledgments of natural children; (10) naturalization; (11) loss,
Section 2(c) of RA 9048 defines what a clerical or typographical error is: or (12) recovery of citizenship; (13) civil interdiction; (14) judicial
determination of filiation; (15) voluntary emancipation of a minor;
SECTION 2. Definition of Terms. As used in this Act, the following and (16) changes of name.
terms shall mean:
contained no error. All entries therein, including those corresponding to his first name
Under RA 9048, a correction in the civil registry involving the change of sex
and sex, were all correct. No correction is necessary.
is not a mere clerical or typographical error. It is a substantial change for which the
applicable procedure is Rule 108 of the Rules of Court. Article 407 of the Civil Code authorizes the entry in the civil registry of
of nullity of marriages, adoptions, naturalization, loss or recovery of citizenship, civil But there is no such special law in the Philippines governing sex reassignment
interdiction, judicial determination of filiation and changes of name). These acts, and its effects. This is fatal to petitioners cause.
events and judicial decrees produce legal consequences that touch upon the legal
Moreover, Section 5 of Act 3753 (the Civil Register Law) provides:
capacity, status and nationality of a person. Their effects are expressly sanctioned by
SEC. 5. Registration and certification of births. The declaration of
the laws. In contrast, sex reassignment is not among those acts or events mentioned in the physician or midwife in attendance at the birth or, in default
thereof, the declaration of either parent of the newborn child, shall
Article 407. Neither is it recognized nor even mentioned by any law, expressly or be sufficient for the registration of a birth in the civil register. Such
declaration shall be exempt from documentary stamp tax and shall
be sent to the local civil registrar not later than thirty days after the
impliedly.
birth, by the physician or midwife in attendance at the birth or by
either parent of the newborn child.
Status refers to the circumstances affecting the legal situation (that is, the sum
In such declaration, the person above mentioned shall certify to the
following facts: (a) date and hour of birth; (b) sex and nationality of
total of capacities and incapacities) of a person in view of his age, nationality and his infant; (c) names, citizenship and religion of parents or, in case the
father is not known, of the mother alone; (d) civil status of parents;
family membership.[27] (e) place where the infant was born; and (f) such other data as may
be required in the regulations to be issued.
The status of a person in law includes all his personal qualities and
relations, more or less permanent in nature, not ordinarily xxx xxx xxx (emphasis supplied)
terminable at his own will, such as his being legitimate or
illegitimate, or his being married or not. The comprehensive
term status include such matters as the beginning and end of legal
personality, capacity to have rights in general, family relations, and
Under the Civil Register Law, a birth certificate is a historical record of the
its various aspects, such as birth, legitimation, adoption,
emancipation, marriage, divorce, and sometimes even
succession.[28] (emphasis supplied) facts as they existed at the time of birth.[29] Thus, 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
A persons sex is an essential factor in marriage and family relations. It is a
reassignment, the determination of a persons sex made at the time of his or her birth,
part of a persons legal capacity and civil status. In this connection, Article 413 of the
if not attended by error,[30] is immutable.[31]
Civil Code provides:
NEITHER MAY ENTRIES
When words are not defined in a statute they are to be given their common IN THE BIRTH
CERTIFICATE AS TO
and ordinary meaning in the absence of a contrary legislative intent. The words sex, FIRST NAME OR SEX BE
CHANGED ON THE
male and female as used in the Civil Register Law and laws concerning the civil GROUND OF EQUITY
registry (and even all other laws) should therefore be understood in their common and
ordinary usage, there being no legislative intent to the contrary. In this connection, sex The trial court opined that its grant of the petition was in consonance with the
is defined as the sum of peculiarities of structure and function that distinguish a male principles of justice and equity. It believed that allowing the petition would cause no
from a female[32] or the distinction between male and female. [33] Female is the sex that harm, injury or prejudice to anyone. This is wrong.
produces ova or bears young[34] and male is the sex that has organs to produce
The changes sought by petitioner will have serious and wide-ranging legal and public
[35]
spermatozoa for fertilizing ova. Thus, the words male and female in everyday
policy consequences. First, even the trial court itself found that the petition was but
understanding do not include persons who have undergone sex reassignment.
petitioners first step towards his eventual marriage to his male fianc. However,
Furthermore, words that are employed in a statute which had at the time a well-known
marriage, one of the most sacred social institutions, is a special contract of permanent
meaning are presumed to have been used in that sense unless the context compels to
union between a man and a woman.[37] One of its essential requisites is the legal
the contrary.[36] Since the statutory language of the Civil Register Law was enacted in
capacity of the contracting parties who must be a male and a female.[38] To grant the
the early 1900s and remains unchanged, it cannot be argued that the term sex as used
changes sought by petitioner will substantially reconfigure and greatly alter the laws
then is something alterable through surgery or something that allows a post-operative
on marriage and family relations. It will allow the union of a man with another man
male-to-female transsexual to be included in the category female.
who has undergone sex reassignment (a male-to-female post-operative transsexual).
For these reasons, while petitioner may have succeeded in altering his body Second, there are various laws which apply particularly to women such as the
and appearance through the intervention of modern surgery, no law authorizes the provisions of the Labor Code on employment of women,[39] certain felonies under the
change of entry as to sex in the civil registry for that reason. Thus, there is no legal Revised Penal Code[40] and the presumption of survivorship in case of calamities under
basis for his petition for the correction or change of the entries in his birth certificate. Rule 131 of the Rules of Court,[41] among others. These laws underscore the public
were to be granted.
It is true that Article 9 of the Civil Code mandates that [n]o judge or court Petitioner pleads that [t]he unfortunates are also entitled to a life of happiness,
shall decline to render judgment by reason of the silence, obscurity or insufficiency of contentment and [the] realization of their dreams. No argument about that. The Court
the law. However, it is not a license for courts to engage in judicial legislation. The recognizes that there are people whose preferences and orientation do not fit neatly
duty of the courts is to apply or interpret the law, not to make or amend it. into the commonly recognized parameters of social convention and that, at least for
In our system of government, it is for the legislature, should it choose to do them, life is indeed an ordeal. However, the remedies petitioner seeks involve
so, to determine what guidelines should govern the recognition of the effects of sex questions of public policy to be addressed solely by the legislature, not by the courts.
reassignment. The need for legislative guidelines becomes particularly important in WHEREFORE, the petition is hereby DENIED.
To reiterate, the statutes define who may file petitions for change of first
SO ORDERED.
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. 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
person may be recognized as having successfully changed his sex. However, this Court
has no authority to fashion a law on that matter, or on anything else. The Court cannot
enact a law where no law exists. It can only apply or interpret the written word of its
Petitioner,
In her petition, she alleged that she was born on January 13, 1981 and was
Present:
registered as a female in the Certificate of Live Birth but while growing up, she
developed secondary male characteristics and was diagnosed to have Congenital
QUISUMBING, J., Chairperson, Adrenal Hyperplasia (CAH) which is a condition where persons thus afflicted possess
both male and female characteristics. She further alleged that she was diagnosed to
CARPIO MORALES,
- versus - have clitoral hyperthropy in her early years and at age six, underwent an ultrasound
TINGA, where it was discovered that she has small ovaries. At age thirteen, tests revealed that
her ovarian structures had minimized, she has stopped growing and she has no breast
VELASCO, JR., and
or menstrual development. She then alleged that for all interests and appearances as
BRION, JJ. well as in mind and emotion, she has become a male person. Thus, she prayed that her
birth certificate be corrected such that her gender be changed from female to male and
her first name be changed from Jennifer to Jeff.
Promulgated:
JENNIFER B. CAGANDAHAN,
The petition was published in a newspaper of general circulation for three (3)
Respondent.
September 12, 2008 consecutive weeks and was posted in conspicuous places by the sheriff of the
court. The Solicitor General entered his appearance and authorized the Assistant
Provincial Prosecutor to appear in his behalf.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
To prove her claim, respondent testified and presented the testimony of Dr.
DECISION Michael Sionzon of the Department of Psychiatry, University of
QUISUMBING, J.: the PhilippinesPhilippine General Hospital. Dr. Sionzon issued a medical certificate
stating that respondents condition is known as CAH. He explained that genetically
respondent is female but because her body secretes male hormones, her female organs
This is a petition for review under Rule 45 of the Rules of Court raising purely
did not develop normally and she has two sex organs female and male. He testified
questions of law and seeking a reversal of the Decision[1] dated January 12, 2005 of the
that this condition is very rare, that respondents uterus is not fully developed because
Regional Trial Court (RTC), Branch 33 of Siniloan, Laguna, which granted the Petition
of lack of female hormones, and that she has no monthly period. He further testified
for Correction of Entries in Birth Certificate filed by Jennifer B. Cagandahan and ordered
that respondents condition is permanent and recommended the change of gender
the following changes of entries in Cagandahans birth certificate: (1) the name Jennifer
because respondent has made up her mind, adjusted to her chosen role as male, and
Cagandahan changed to Jeff Cagandahan and (2) gender from female to male.
the gender change would be advantageous to her.
On the other hand, respondent counters that although the Local Civil
Thus, this petition by the Office of the Solicitor General (OSG) seeking a Registrar of Pakil, Laguna was not formally named a party in the Petition for
reversal of the abovementioned ruling. Correction of Birth Certificate, nonetheless the Local Civil Registrar was furnished a
copy of the Petition, the Order to publish on December 16, 2003 and all pleadings,
The issues raised by petitioner are: orders or processes in the course of the proceedings, [8] respondent is actually a male
person and hence his birth certificate has to be corrected to reflect his true
THE TRIAL COURT ERRED IN GRANTING THE PETITION
sex/gender,[9] change of sex or gender is allowed under Rule 108, [10] and respondent
CONSIDERING THAT:
I. substantially complied with the requirements of Rules 103 and 108 of the Rules of
Court.[11]
THE REQUIREMENTS OF RULES 103 AND 108 OF THE
RULES OF COURT HAVE NOT BEEN COMPLIED WITH;
AND, Rules 103 and 108 of the Rules of Court provide:
II.
Rule 103 municipality or city where the court issuing the same is situated,
CHANGE OF NAME who shall forthwith enter the same in the civil register.
SECTION 1. Venue. A person desiring to change his name shall Rule 108
present the petition to the Regional Trial Court of the province in CANCELLATION OR CORRECTION OF ENTRIES
which he resides, [or, in the City of Manila, to the Juvenile and IN THE CIVIL REGISTRY
Domestic Relations Court].
SECTION 1. Who may file petition. Any person interested in any
SEC. 2. Contents of petition. A petition for change of name shall be act, event, order or decree concerning the civil status of persons
signed and verified by the person desiring his name changed, or which has been recorded in the civil register, may file a verified
some other person on his behalf, and shall set forth: petition for the cancellation or correction of any entry relating
thereto, with the Regional Trial Court of the province where the
(a) That the petitioner has been a bona fide resident of the corresponding civil registry is located.
province where the petition is filed for at least three (3)
years prior to the date of such filing; SEC. 2. Entries subject to cancellation or correction. Upon good
and valid grounds, the following entries in the civil register may be
(b) The cause for which the change of the petitioner's name cancelled or corrected: (a) births; (b) marriages; (c) deaths; (d) legal
is sought; separations; (e) judgments of annulments of marriage; (f) judgments
declaring marriages void from the beginning; (g) legitimations; (h)
(c) The name asked for. adoptions; (i) acknowledgments of natural children; (j)
naturalization; (k) election, loss or recovery of citizenship; (l) civil
SEC. 3. Order for hearing. If the petition filed is sufficient in form interdiction; (m) judicial determination of filiation; (n) voluntary
and substance, the court, by an order reciting the purpose of the emancipation of a minor; and (o) changes of name.
petition, shall fix a date and place for the hearing thereof, and shall
direct that a copy of the order be published before the hearing at SEC. 3. Parties. When cancellation or correction of an entry in the
least once a week for three (3) successive weeks in some newspaper civil register is sought, the civil registrar and all persons who have
of general circulation published in the province, as the court shall or claim any interest which would be affected thereby shall be made
deem best. The date set for the hearing shall not be within thirty (30) parties to the proceeding.
days prior to an election nor within four (4) months after the last
publication of the notice. SEC. 4. Notice and publication. Upon the filing of the petition, the
court shall, by an order, fix the time and place for the hearing of the
SEC. 4. Hearing. Any interested person may appear at the hearing same, and cause reasonable notice thereof to be given to the persons
and oppose the petition. The Solicitor General or the proper named in the petition. The court shall also cause the order to be
provincial or city fiscal shall appear on behalf of the Government of published once a week for three (3) consecutive weeks in a
the Republic. newspaper of general circulation in the province.
SEC. 5. Judgment. Upon satisfactory proof in open court on the date SEC. 5. Opposition. The civil registrar and any person having or
fixed in the order that such order has been published as directed and claiming any interest under the entry whose cancellation or
that the allegations of the petition are true, the court shall, if proper correction is sought may, within fifteen (15) days from notice of the
and reasonable cause appears for changing the name of the petition, or from the last date of publication of such notice, file his
petitioner, adjudge that such name be changed in accordance with opposition thereto.
the prayer of the petition.
SEC. 6. Expediting proceedings. The court in which the proceedings
SEC. 6. Service of judgment. Judgments or orders rendered in is brought may make orders expediting the proceedings, and may
connection with this rule shall be furnished the civil registrar of the also grant preliminary injunction for the preservation of the rights of
the parties pending such proceedings.
SEC. 7. Order. After hearing, the court may either dismiss the removed from the ambit of Rule 108 of the Rules of Court the correction of such
petition or issue an order granting the cancellation or correction
prayed for. In either case, a certified copy of the judgment shall be errors. Rule 108 now applies only to substantial changes and corrections in entries in
served upon the civil registrar concerned who shall annotate the the civil register.[18]
same in his record.
Under Rep. Act No. 9048, a correction in the civil registry involving the
The OSG argues that the petition below is fatally defective for non- change of sex is not a mere clerical or typographical error. It is a substantial change
compliance with Rules 103 and 108 of the Rules of Court because respondents petition for which the applicable procedure is Rule 108 of the Rules of Court. [19]
did not implead the local civil registrar. Section 3, Rule 108 provides that the civil
registrar and all persons who have or claim any interest which would be affected The entries envisaged in Article 412 of the Civil Code and correctable under
thereby shall be made parties to the proceedings. Likewise, the local civil registrar is Rule 108 of the Rules of Court are those provided in Articles 407 and 408 of the Civil
required to be made a party in a proceeding for the correction of name in the civil Code:
registry. He is an indispensable party without whom no final determination of the case
ART. 407. Acts, events and judicial decrees concerning the civil
can be had.[12] Unless all possible indispensable parties were duly notified of the
status of persons shall be recorded in the civil register.
proceedings, the same shall be considered as falling much too short of the requirements
of the rules.[13] The corresponding petition should also implead as respondents the civil
registrar and all other persons who may have or may claim to have any interest that ART. 408. The following shall be entered in the civil register:
would be affected thereby.[14] Respondent, however, invokes Section 6,[15] Rule 1 of
the Rules of Court which states that courts shall construe the Rules liberally to promote
their objectives of securing to the parties a just, speedy and inexpensive disposition of (1) Births; (2) marriages; (3) deaths; (4) legal separations; (5)
the matters brought before it. We agree that there is substantial compliance with Rule annulments of marriage; (6) judgments declaring marriages void
108 when respondent furnished a copy of the petition to the local civil registrar. from the beginning; (7) legitimations; (8) adoptions; (9)
acknowledgments of natural children; (10) naturalization; (11) loss,
or (12) recovery of citizenship; (13) civil interdiction; (14) judicial
The determination of a persons sex appearing in his birth certificate is a legal determination of filiation; (15) voluntary emancipation of a minor;
issue and the court must look to the statutes. In this connection, Article 412 of the and (16) changes of name.
Civil Code provides:
The acts, events or factual errors contemplated under Article 407 of the Civil
ART. 412. No entry in a civil register shall be changed or corrected Code include even those that occur after birth.[20]
without a judicial order.
As for respondents change of name under Rule 103, this Court has held that
a change of name is not a matter of right but of judicial discretion, to be exercised in
the light of the reasons adduced and the consequences that will follow. [28] The trial
courts grant of respondents change of name from Jennifer to Jeff implies a change of
a feminine name to a masculine name. Considering the consequence that respondents
change of name merely recognizes his preferred gender, we find merit in respondents
change of name. Such a change will conform with the change of the entry in his birth
certificate from female to male.
SO ORDERED.