For Your Data Rommel Silverio V. Democracy Illustration Brief Summary

Rommel Silverio v. Republic

G.R. No. 174689, Oct 22, 2007

FACTS: On Nov 26, 2002, petitioner Rommel Jacinto Dantes Silverio filed a petition for the alter of his stimulate advert too gender inwards his nativity certificate inwards the RTC Branch 8 of Manila. Petitioner alleged that he was born inwards the City of Manila on Apr 4, 1962. His advert was registered every bit “Rommel Jacinto Dantes Silverio” inwards his certificate of alive nativity too his gender was registered every bit “male.” Petitioner asserts that he is a transsexual, too had ever identified himself with girls since childhood. He feels similar a adult woman trapped inwards a man’s body. On Jan 27, 2001, petitioner underwent gender reassignment surgical physical care for inwards Bangkok, Thailand. On June 4, 2003, the lawsuit courtroom granted petitioner’s prayer to convey his advert too gender entered inwards his certificate of alive nativity to adapt with his introduce gender. The Court of Appeals rendered a determination inwards favor of the Republic, ruling that at that spot is no police allowing alter of advert or gender inwards the nativity certificate on the reason of gender reassignment.

ISSUE: Can one’s advert or gender every bit it appears on the certificate of alive nativity hold out changed on the Earth of gender reassignment?

RULING: No, the Court ruled that the top dog police governing alter of advert is directly RA 9048 (Clerical Error Law) too Section 1 hereof gives the say-so to alter advert to the urban amount or municipal civil registrar or consul full general concerned. Such offices are given top dog jurisdiction for advert alter too the courts tin exclusively hold out sought when such actions are denied therefrom. This was non followed inwards the example at bar. In addition, no police allows the alter of gender inwards the nativity certificate on the reason of gender reassignment, Sec. ii (c) of RA 9048states that no correction must demand the alter of nationality, age, condition or gender of petitioner. Furthermore, alter of advert or gender on the Earth of equity is non tenable inwards example at bar since it would convey far ranging implications too policy consequences such every bit provisions inwards the penal too civil code that deals specifically for women such every bit marriage, trace of piece of occupation solid unit of measurement relations too survivorship inwards calamities alongside others.

Petition is denied.

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