Article 9

“No Judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of
the laws.”

SILVERIO V. RP 537 S 373

FACTS:
On November 26, 2002, Romel Silverio filed a petition to changes his first name and sex in his birth
certificate in RTC Manila Branch 8. He further alleged that he is a male transsexual, that is “anatomically
male but feels, thinks and acts as a female”, he underwent sex reassignment surgery in Bangkok, Thailand.
He appeals that first his name in his birth certificate “Rommel Jacinto” be change to “Mely”, and his sex from
“male” to “female”.

Initial hearing was initiated and jurisdictional requirements were established resulting to no opposition. The
trial court rendered a decision in favor of petition. According to the trial court, the decision was in principle
is in consonance with the principles of justice and equity. Also the court believes that there is no harm, injure
or prejudice done that has caused to anybody or the community. Finally, no evidence was presented or
cause to deny despite due notice and publication thereof.

But on August 18, 2003 RP thru the OSG 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. CA rendered
a decision in favor of the Republic for the basis in lacked of legal basis, resulting setting aside the decision of
the trial court and ordered the dismissal of the previous grant.

In relation to the article 9 of the Civil Code. The lack of law changing his name based on the sex
reassignment should not hinder the decision of the court or judge in her favor in accordance with the said
provision article 9 of CV.

ISSUE:
W/N petitioner is entitled to the relief asked for.

HELD:
NO. A Person’s First Name Cannot Be Changed On the Ground of Sex Reassignment. The State has an
interest in the names borne by individuals and entities for purposes of identification. A change of name is a
privilege, not a right. Petitions for change of name are controlled by statutes in accordance to article 376 of
the civil code that provides that “No person can change his name or surname without judicial authority.”

In support with this under RA 9048, a correction in the civil registry involving the change of sex 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. In addition to this there is no such special law in the Philippines governing sex reassignment
and its effects. This is fatal to petitioner’s cause.

WHEREFORE, the petition is hereby DENIED.