Jefferson M.

Pingol
2014-0010

Civil Procedures
Atty. J. Parungo

I. Change of Name (Rule 103)

The official name of a person whose birth is registered in the civil register is
the name appearing therein. If a change in one's name is desired, this can only
be done by filing and strictly complying with the substantive and procedural
requirements for a special proceeding for change of name under Rule 103 of the
Rules of Court, wherein the sufficiency of the reasons or grounds therefore can
be threshed out and accordingly determined.
The State has an interest in the names borne by individuals and entities for
purposes of identification, and that a change of name is a privilege and not a
right, so that before a person can be authorized to change his name given him
either in his certificate of birth or civil registry, he must show proper or
reasonable cause or any compelling reason which may justify such change.
Grounds for Change of Name
1. When the name is ridiculous, dishonorable or extremely difficult to write or
pronounce;
2. When the change results as a legal consequence, as in legitimation;
3. When the change will avoid confusion;
4. When one has continuously used and been known since childhood by a
Filipino name, and was unaware of alien parentage;
5. A sincere desire to adopt a Filipino name to erase signs of former alienage, all
in good faith and without prejudicing anybody; and
6. When the surname causes embarrassment and there is no showing that the
desired change of name was for a fraudulent purpose or that the change of
name would prejudice public interest
II. Change of First Name and Correction of Typographical and Clerical Errors
(R.A. No. 9048, As Amended By R.A. 10172)
R.A. No. 9048 or the Clerical Error Law makes possible the administrative
correction of clerical or typographical errors or change of first name or nickname
in entries in the civil registrar (Benemerito v. Court of Appeals, G.R. No. 146963,
March 15, 2004). The local civil registrar now has primary jurisdiction over
petitions for correction of clerical errors and change of first name or nickname
(Re: Final Report on the Judicial Audit conducted at the Regional Trial Court, Br.
67, Paniqui, Tarlac, A.M. No. 06-7-414-RTC, October 19, 2007 and Silverio vs
Republic, G.R. No. 174689, October 22, 2007)
Entries that can be corrected or changed administratively
1.

Clerical or typographical errors, such as:

a. misspelled name
b. misspelled place of birth
c. mistake in the entry of day and month in the date of birth
d. the sex of the person or the like

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NOTE: Previously, under Republic Act No. 9048, errors involving the day and
month in the date of birth or the sex of the person had to be corrected through a
judicial proceeding under Rule 108. With the amendment introduced by Republic
Act No. 10172, these entries can be subject to administrative correction.
2.

First name or nickname (Section 5, RA 9048, as amended)

NOTE: No correction must involve the change of nationality, age, or civil status
of the petitioner (Section 2, RA 9048, as amended)
Procedure
Under Republic Act No. 9048, as amended, any interested person may file, in
person, a petition for correction of clerical or typographical error in an entry
and/or change of first name or nickname with the local civil registry office of the
city or municipality where the record being sought to be corrected or changed is
kept.
If the petitioner has already migrated and it would be impractical in terms of
transportation expenses, time and effort, the petition can be filed with the local
civil registrar of the place where the interested party is presently residing or
domiciled. For citizens presently residing or domiciled abroad, the petition can be
filed with the Philippine consulate.
The petition is in the form of an affidavit, which shall set forth the following:
1. The facts necessary to establish the merits of the petition and shall show
affirmatively that the petitioner is competent to testify to the matters
stated; and
2. The particular erroneous entry or entries, which are sought to be corrected
and/or the change sought to be made. (Section 5, RA 9048, as amended)
The following supporting documents are needed for the petition:
1. certified true machine copy of the certificate or of the page of the registry
book containing the entry or entries sought to be corrected or changed;
2. At least two (2) public or private documents showing the correct entry or
entries upon which the correction or change shall be based;
3. Other documents which the petitioner or the city or municipal civil
registrar or the consul general may consider relevant and necessary for
the approval of the petition; and
4. A certification from the appropriate law enforcement agencies that he has
no pending case or criminal record
5. If the correction of entries involving the date of birth or sex, the petition
must be accompanied by the earliest school record or earliest school
documents such as, but not limited to, medical records, baptismal
certificate and other documents issued by religious authorities.
6. For correction of entries involving sex, the petition must also be
accompanied by a certification issued by an accredited government
physician attesting to the fact that the petitioner has not undergone sex
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change or sex transplant. [Note: see Silverio vs Republic, G.R. No. 174689,
October 22, 2007]
(Section 5, RA 9048, as amended)
The petition shall be published at least once a week for two (2) consecutive
weeks in a newspaper of general circulation. Unlike Rule 103 and Rule 108, there
is a posting requirement. The City or Municipal Civil Registrar or Consul General
shall post the petition in a conspicuous place provided for that purpose for ten
(10) consecutive days after he finds the petition and its supporting documents
sufficient in form and substance (Section 6, RA 9048).
The City or Municipal Civil Registrar or Consul General shall render a decision
not later than five (5) working days after the completion of the posting and/or
publication requirement. (Section 6, RA 9048). If the petition is denied, the
petitioner may either appeal the decision to the civil registrar general or file the
appropriate petition with the proper court. (Section 7, RA 9048)(i)(i)
III. Change of Gender (Sex)
In the case of Republic v. Silverio, G.R. No. 174689, October 22, 2007, the
Supreme Court denied a petition to change the name and sex in the birth
certificate of a transsexual who was born a man but has lived as a woman and
has undergone sex reassignment surgery. The court stated that xxx the sex of a
person is determined at birth, visually done by the birth attendant (the physician
or midwife) by examining the genitals of the infant. Considering that there is no
law legally recognizing sex reassignment, the determination of a persons sex
made at the time of his or her birth, if not attended by error, is immutable.
In contrast, in the subsequent case of Republic vs. Cagandahan, G.R. No.
166676, September 12, 2008, the change of first name was allowed by the court
when the purpose is to conform with gender election arising from pre-existing
medical condition called Congenital Adrenal Hyperplasia (CAH). The court
explained that where the person is biologically or naturally intersex the
determining factor in his gender classification would be what the individual
having reached the age of majority, with good reason thinks of his/her sex.xxx
Sexual development in cases of intersex persons makes the gender classification
at birth inconclusive. It is at maturity that the gender of such persons, like
Cagandahan, is fixed.
The court in Cagandahan found that, unlike in Silverio, Cagandahan has not
taken unnatural steps to arrest or interfere with what he was born with. xxx
Nature has instead taken its due course in Cagandahans development to reveal
more fully his male characteristics.
Notably, Republic Act No. 10172, Sec. 5 (3), passed in 2012, provides that no
correction of sex or change of gender in a birth certificate shall be allowed,
except if the petition is accompanied by a certification issued by an accredited
government physician attesting to the fact that the petitioner has not undergone
sex change or sex transplant.

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(Silverio vs. Republic of the Philippines 537 SCRA 72,G.R. No. 174689 | 2007-10-22;
Republic of the Philippines vs. Cagandahan,G.R. No. 166676 | 2008-09-12)

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Atty. J. Parungo

ROMMEL JACINTO DANTES SILVERIO, Petitioner, versus REPUBLIC OF

THE PHILIPPINES, Respondent.
G.R. No. 174689 | 2007-10-22
Subject: Petition for a change of name and sex; Sex reassignment surgery;
Administrative Correction of Entries in the Civil Registry (Clerical or Typographical
Error); Sexual Status Determined At Birth; Statutory Construction (Words In A
Statute Understood In Their Ordinary and Well Known Meaning); Equity; Judicial
Legislation
Facts: Rommel Jacinto Dantes Silverio filed a petition for the change of his first
name and sex in his birth certificate in the RTC of Manila.
He alleged that he is a male transsexual, that is, "anatomically male but feels,
thinks and acts as a female." His attempts to transform himself to a "woman"
included undergoing psychological examination, hormone treatment and breast
augmentation. In 2001, he underwent sex reassignment surgery in Bangkok,
Thailand.
Being engaged to be married to his American fiance, petitioner sought to have his
name in his birth certificate changed from "Rommel Jacinto" to "Mely," and his sex
from "male" to "female."
The RTC rendered a decision in favor of petitioner declaring that the petition was
filed, not for an unlawful motive, but solely for the purpose of making his birth
records compatible with his present sex.
The Republic, thru the OSG, appealed to the Court of Appeals (CA) which set aside
the trial court decision. The CA ruled that there is no law allowing the change of
either name or sex in the certificate of birth on the ground of sex reassignment
through surgery.
Petitioner claims that the change of his name and sex in his birth certificate is
allowed under Articles 407 to 413 of the Civil Code, Rules 103 and 108 of the Rules
of Court and Republic Act No. 9048.
Held:
Note: Article 376 (change of name or surname) and Article 412 (change or
correction of entry in the civil register) of the Civil Code has been amended by RA
9048 (Clerical Error Law).
Note: With the amendment introduced by Republic Act No. 10172, errors involving
the day and month in the date of birth or the sex of the person can be subject to
administrative correction.
1. A change of name is a privilege, not a right. Petitions for change of name are
controlled by statutes. In particular, Section 1 of RA 9048 provides:
SECTION 1. Authority to Correct Clerical or Typographical Error and Change of First
Name or Nickname. - No entry in a civil register shall be changed or corrected
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without a judicial order, except for clerical or typographical errors and change of
first name or nickname which can be corrected or changed by the concerned city or
municipal civil registrar or consul general in accordance with the provisions of this
Act and its implementing rules and regulations.

Administrative Nature of Proceedings for Change of First Name

2. RA 9048 now governs the change of first name. It vests the power and authority
to entertain petitions for change of first name to the city or municipal civil registrar
or consul general concerned. Under the law, jurisdiction over applications for
change of first name is now primarily lodged with the aforementioned
administrative officers. The intent and effect of the law is to exclude the change of
first name from the coverage of Rules 103 (Change of Name) and 108 (Cancellation
or Correction of Entries in the Civil Registry) of the Rules of Court, until and unless
an administrative petition for change of name is first filed and subsequently denied.
It likewise lays down the corresponding venue, form and procedure. In sum, the
remedy and the proceedings regulating change of first name are primarily
administrative in nature, not judicial.
3. Hence, the petition in the trial court in so far as it prayed for the change of
petitioner's first name was not within that court's primary jurisdiction as the petition
should have been filed with the local civil registrar concerned, assuming it could be
legally done. It was an improper remedy because the proper remedy was
administrative, that is, that provided under RA 9048.
4. It was also filed in the wrong venue as the proper venue was in the Office of the
Civil Registrar of Manila where his birth certificate is kept.
Grounds for Petition for Change of Name
5. Section 4 of RA 9048 likewise provides the grounds for which change of first
name or nickname may be allowed:
(1) The petitioner finds the first name or nickname to be ridiculous, tainted with
dishonor or extremely difficult to write or pronounce;
(2) The new first name or nickname has been habitually and continuously used by
the petitioner and he has been publicly known by that first name or nickname in the
community; or
(3) The change will avoid confusion.
6. Petitioner's basis in praying for the change of his first name was his sex
reassignment. He intended to make his first name compatible with the sex he
thought he transformed himself into through surgery. However, a change of name
does not alter one's legal capacity or civil status. RA 9048 does not sanction a
change of first name on the ground of sex reassignment.
7. Before a person can legally change his given name, he must present proper or
reasonable cause or any compelling reason justifying such change. In addition, he
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must show that he will be prejudiced by the use of his true and official name. In this
case, petitioner failed to show any prejudice that he might suffer as a result of using
his true and official name.
Administrative Correction of Entries in the Civil Registry (Clerical or Typographical
Error)
8. RA 9048 provides that the correction or change of entries in so far as clerical or
typographical errors are involved can now be made through administrative
proceedings and without the need for a judicial order. In effect, RA 9048 removed
from the ambit of Rule 108 of the Rules of Court the correction of such errors. Rule
108 now applies only to substantial changes and corrections in entries in the civil
register.

Change of Entry on Sex is Not a Clerical or Typographical Error

9. Section 2(c) of RA 9048 defines a clerical or typographical error as a mistake
committed in the performance of clerical work in writing, copying, transcribing or
typing an entry in the civil register that is harmless and innocuous, such as
misspelled name or misspelled place of birth or the like, which is visible to the eyes
or obvious to the understanding, and can be corrected or changed only by reference
to other existing record or records: Provided, however, That no correction must
involve the change of nationality, age, status or sex of the petitioner.
10. 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.
11. To correct simply means "to make or set aright; to remove the faults or error
from" while to change means "to replace something with something else of the
same kind or with something that serves as a substitute." The birth certificate of
petitioner contained no error. All entries therein, including those corresponding to
his first name and sex, were all correct. No correction is necessary.
Sexual Status is Determined at Birth
12. Under the Civil Register Law (Act 3753), a birth certificate is a historical record
of the facts as they existed at the time of birth. Thus, the sex of a person is
determined at birth, visually done by the birth attendant (the physician or midwife)
by examining the genitals of the infant. Considering that there is no law legally
recognizing sex reassignment, the determination of a person's sex made at the time
of his or her birth, if not attended by error, is immutable.
Statutory Construction (words in a statute understood in their ordinary and wellknown meaning)
13. When words are not defined in a statute they are to be given their common and
ordinary meaning in the absence of a contrary legislative intent. Thus, the words
"male" and "female" in everyday understanding do not include persons who have
undergone sex reassignment.
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14. Furthermore, words that are employed in a statute which had at the time a wellknown meaning are presumed to have been used in that sense unless the context
compels to the contrary. Since the statutory language of the Civil Register Law was
enacted in the early 1900s and remains unchanged, it cannot be argued that the
term "sex" as used then is something alterable through surgery or something that
allows a post-operative male-to-female transsexual to be included in the category
"female."
Entries in the Birth Certificate As to First Name or Sex Cannot Be Changed on the
Ground of Equity
15. The changes sought by petitioner will have serious and wide-ranging legal and
public policy consequences. First, marriage is a special contract of permanent union
between a man and a woman. To grant the changes sought by petitioner will
substantially reconfigure and greatly alter the laws on marriage and family
relations. It will allow the union of a man with another man who has undergone sex
reassignment (a male-to-female post-operative transsexual). Second, there are
various laws which apply particularly to women. These laws underscore the public
policy in relation to women which could be substantially affected if the petition were
to be granted.
Judicial Legislation
16. The remedies petitioner seeks involve questions of public policy to be addressed
solely by the legislature, not by the courts.
17. Article 9 of the Civil Code mandates that "no judge or court shall decline to
render judgment by reason of the silence, obscurity or insufficiency of the law."
However, it is not a license for courts to engage in judicial legislation. The duty of
the courts is to apply or interpret the law, not to make or amend it. In our system of
government, it is for the legislature, should it choose to do so, to determine what
guidelines should govern the recognition of the effects of sex reassignment.

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Jefferson M. Pingol
2014-0010

Civil Procedures
Atty. J. Parungo

REPUBLIC OF THE PHILIPPINES, Petitioner, versus JENNIFER B.

CAGANDAHAN, Respondent.
G.R. No. 166676 | 2008-09-12
Subject: Rule 108 now applies only to substantial changes and corrections in
entries in the civil register; the diversity of nature and how an individual deals with
what nature has handed out warrant the change of sex and name; a change of
name is not a matter of right but of judicial discretion
Facts: Jennifer Cagandahan filed a Petition for Correction of Entries in Birth
Certificate before the RTC. She alleged that she was born on January 13, 1981 and
was registered as a female in the Certificate of Live Birth but while growing up, she
developed secondary male characteristics and was diagnosed to have Congenital
Adrenal Hyperplasia (CAH) which is a condition where persons thus afflicted possess
both male and female characteristics. Thus, she prayed that her birth certificate be
corrected such that her gender be changed from female to male and her first name
be changed from Jennifer to Jeff.
Dr. Michael Sionzon of the Department of Psychiatry, UP- PGH issued a medical
certificate stating that Cagandahans condition is known as CAH. He explained that
genetically Cagandahan is female but because her body secretes male hormones,
her female organs did not develop normally and she has two sex organs female
and male. He testified that this condition is very rare, that Cagandahans uterus is
not fully developed because of lack of female hormones, and that she has no
monthly period. He further testified that Cagandahans condition is permanent and
recommended the change of gender.
The RTC granted Cagandahans petition. Thus, the OSG seeks reversal of the said
ruling.
The OSG contended that the petition below is fatally defective for non-compliance
with Rules 103 and 108 of the Rules of Court because while the local civil registrar is
an indispensable party in a petition for cancellation or correction of entries under
Section 3, Rule 108 of the Rules of Court, Cagandahans petition before the court a
quo did not implead the local civil registrar. It also argued that Cagandahans
petition failed to state that Cagandahan is a bona fide resident of the province
where the petition was filed for at least three (3) years prior to the date of such
filing as mandated under Section 2(b), Rule 103 of the Rules of Court. Lastly, it
contended that Rule 108 does not allow change of sex or gender in the birth
certificate and Cagandahans claimed medical condition known as CAH does not
make her a male.
Held: Rule 108 now applies only to substantial changes and corrections in entries in
the civil register
1. Art. 412 and Article 376 of the Civil Code were amended by Republic Act No. 9048
in so far as clerical or typographical errors are involved. The correction or change of
such matters can now be made through administrative proceedings and without the
need for a judicial order. In effect, R.A. No. 9048 removed from the ambit of Rule
108 of the Rules of Court the correction of such errors.

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2. There is substantial compliance with Rule 108 of the Rules of Court when
Cagandahan furnished a copy of the petition to the local civil registrar. Rule 108 now
applies only to substantial changes and corrections in entries in the civil register.
3. Under R.A. No. 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.
4. The entries envisaged in Article 412 of the Civil Code and correctable under Rule
108 of the Rules of Court are those provided in Articles 407 and 408 of the Civil
Code. The acts, events or factual errors contemplated under Article 407 of the Civil
Code include even those that occur after birth.
The diversity of nature and how an individual deals with what nature has handed
out warrant the change of sex and name
5. Cagandahan undisputedly has CAH. This condition causes the early or
inappropriate appearance of male characteristics. A person, like Cagandahan,
with this condition produces too much androgen, a male hormone. CAH is one of
many conditions that involve intersex anatomy.
6. Ultimately, where the person is biologically or naturally intersex the determining
factor in his gender classification would be what the individual having reached the
age of majority, with good reason thinks of his/her sex. Cagandahan here thinks of
himself as a male and considering that his body produces high levels of male
hormones (androgen) there is preponderant biological support for considering him
as being male. Sexual development in cases of intersex persons makes the gender
classification at birth inconclusive. It is at maturity that the gender of such persons,
like Cagandahan, is fixed.
7. Cagandahan here has simply let nature take its course and has not taken
unnatural steps to arrest or interfere with what he was born with. And accordingly,
he has already ordered his life to that of a male. Cagandahan could have undergone
treatment and taken steps, like taking lifelong medication, to force his body into the
categorical mold of a female but he did not. He chose not to do so. Nature has
instead taken its due course in Cagandahans development to reveal more fully his
male characteristics.
8. In the absence of a law on the matter, the Court will not dictate on Cagandahan
concerning a matter so innately private as ones sexuality and lifestyle preferences,
much less on whether or not to undergo medical treatment to reverse the male
tendency due to CAH. The Court will not consider Cagandahan as having erred in
not choosing to undergo treatment in order to become or remain as a female.
A change of name is not a matter of right but of judicial discretion
9. As for Cagandahans change of name under Rule 103, it has held that a change of
name is not a matter of right but of judicial discretion, to be exercised in the light of
the reasons adduced and the consequences that will follow. The trial courts grant of
Cagandahans change of name from Jennifer to Jeff implies a change of a feminine
name to a masculine name. Considering the consequence that Cagandahans
change of name merely recognizes his preferred gender, there is a merit in
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Cagandahans change of name. Such a change will conform with the change of the
entry in his birth certificate from female to male.

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