FACTS:
Rommel Jacinto Dantes Silverio, a male transsexual, underwent sex reassignment surgery in Thailand (2001). He then filed a petition in the RTC to change his first name from "Rommel Jacinto" to "Mely" and his sex from "male" to "female" in his birth certificate. The RTC granted the petition. The Republic appealed to the Court of Appeals, which reversed the RTC decision.
ISSUE:
Whether a person who underwent sex reassignment surgery can change his first name and sex in his birth certificate.
RULING:
NO. The Supreme Court denied the petition and affirmed the Court of Appeals' decision.
On Change of First Name:
RA 9048 governs change of first name through administrative proceedings (filed with the local civil registrar), not judicial proceedings
Sex reassignment is not a valid ground under Section 4 of RA 9048
Petitioner failed to show prejudice from using his legal name
On Change of Sex:
No law recognizes sex reassignment or allows change of sex in the birth certificate
Sex is determined at birth based on genitals and is immutable under Philippine law
RA 9048 Section 2(c) expressly excludes correction involving change of sex
Birth certificate is a historical record of facts at birth
DOCTRINE:
Section 3 & 7, RA 9048:
Change of first name is administrative, not judicial—must be filed with the local civil registrar
If denied administratively, petitioner may appeal to the Civil Registrar General or file in court
Sex reassignment is not a ground for changing first name or sex under RA 9048
Sex in civil registry is immutable—determined at birth and cannot be changed through surgery absent legislative authority