Case Digest (G.R. No. 174689) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Rommel Jacinto Dantes Silverio v. Republic of the Philippines (G.R. No. 174689, October 19, 2007), petitioner Rommel Jacinto Dantes Silverio, born April 4, 1962 in Manila, filed on November 26, 2002 a petition in the Regional Trial Court (RTC) of Manila, Branch 8 (SP Case No. 02-105207), seeking to change his first name from “Rommel Jacinto” to “Mely” and his registered sex from “male” to “female” in his birth certificate. He alleged that although anatomically male, he suffered gender dysphoria, underwent psychological evaluation, hormone therapy, breast augmentation and finally sex reassignment surgery in Bangkok on January 27, 2001. A local surgeon in the Philippines attested to the operation. Petitioner thereafter lived as a female and became engaged. With no opposition filed and jurisdictional requirements met, the RTC granted his petition on June 4, 2003. The Republic, through the Office of the Solicitor General (OSG), elevated the case by certiorari to the Court of Appe Case Digest (G.R. No. 174689) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Petitioner’s identity and registry
- Born April 4, 1962 in Manila to Melecio P. Silverio and Anita A. Dantes; registered as “Rommel Jacinto Dantes Silverio,” sex male.
- Self-identifies as female since childhood; describes himself as an “anatomically male but feels, thinks and acts as a female.”
- Medical treatment and sex-reassignment surgery
- Underwent psychological evaluation, hormone therapy and breast augmentation in the United States.
- On January 27, 2001, had penectomy, bilateral orchiectomy, penile skin inversion vaginoplasty, clitoral hood reconstruction and augmentation mammoplasty in Bangkok; certified post-operation by Dr. Marcelino Reysio-Cruz, Jr.
- Trial court proceedings (SP No. 02-105207, RTC Manila, Branch 8)
- November 26, 2002 petition for change of first name to “Mely” and sex to female; jurisdictional requirements met; published notice; no opposition.
- June 4, 2003 RTC decision granted petition on grounds of justice, equity and absence of opposition.
- Court of Appeals and Supreme Court
- August 18, 2003: Republic, through OSG, filed certiorari in CA (CA-G.R. SP No. 78824) arguing lack of statutory basis for registry changes.
- February 23, 2006 CA Special Sixth Division reversed RTC: no law permits change of name or sex on ground of sex-reassignment surgery; petition denied on reconsideration.
- Petition for review on certiorari filed before the Supreme Court.
Issues:
- May a person change his first name in the birth certificate on the ground of sex-reassignment under Articles 376, 412 of the Civil Code, Rules 103/108 of Court, and RA 9048?
- May a person change his sex entry in the birth certificate on the ground of sex-reassignment surgery under existing statutes?
- May equity principles justify registry changes for name and sex in absence of express legislative authorization?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)