FACTS: This is a
petition by Rommel Silverio who wishes to change his gender in his birth
certificate from male to female, and from his name Rommel to Mely, in
accordance with the sex-assignment surgery he underwent in Bangkok. Another
purpose of this petition is for him to be able to marry his foreigner fiancé.
RTC ruled in his favor but the Solicitor General in behalf of the Republic
filed a petition to CA. CA ruled in favor of the Republic. Hence, this
petition.
ISSUE: W/N he should
be allowed to change his gender.
HELD: No. Unless there
are errors in his birth certificate, change of name and gender shall not be
allowed. SC held that there is no special law which governs sex reassignments
and no law authorizes change of gender in civil registrar for that reason.
Pursuant to the Family Code, Art 2 par 1, marriage shall be between a man and a
woman.
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