Rommel Jacinto Dantes Silverio vs Republic of the Philippines

GR No. 174689. October 22, 2007

Fact of the Case:

On November 22, 2003, Rommel Jacinto Dantes Silverio filed a petition for the
change of his first name from “Rommel Jacinto” to “Melly” and sex of birth from “male”
to “female” in his birth certificate in the Regional Trial Court of Manila. On June 4,
2003, the trial court rendered in favor of petitioner as it would be more in consonance
with the principle of justice and equity. That grating the petitioner would bring much
awaited happiness on the part of the petitioner and her fiancé and the realization of their
dreams. ON August 18, 2003, the Republic of the Philippines, thru the office of the
Solicitor General, filed a petition for certiorari in the Court of Appeals. It alleged that
there is no law allowing the change of entries in the birth certificate by reason of sex
alteration.

Issue:
Whether or not a person born male would be entitled to change of gender on the
civil registrar and afterwards be legally capacitated to entered into marriage with another
man.

Held:
No. Sex reassignment is not a ground for change of gender. There is no law
present that allows such in our country. Neither may entries in the birth certificate as to
first name or sex be changed on the ground of equity. The remedies petitioner seeks
involve questions of public policy to be addressed solely by the legislature, not by the
courts. As to contracting marriage, our law allows only male and female with the main
reason of procreation. Sex reassignment scientifically has not yet made one completely
into female, with the complete function for reproduction.