G.R. No. 174689             October bamboo. "Oh North Wind!

22, 2007 North Wind! Please let us

out!," the voices said. She
ROMMEL JACINTO DANTES pecked the reed once, then
SILVERIO, petitioner,  twice. All of a sudden, the
vs. bamboo cracked and slit
REPUBLIC OF THE open. Out came two human
PHILIPPINES, respondent. beings; one was a male and
DECISION the other was a female.
Amihan named the man
CORONA, J.: "Malakas" (Strong) and the
woman "Maganda"
When God created man, He (Beautiful). (The Legend of
made him in the likeness of Malakas and Maganda)
God; He created them male
and female. (Genesis 5:1-2) When is a man a man and when
is a woman a woman? In
Amihan gazed upon the particular, does the law recognize
bamboo reed planted by the changes made by a physician
Bathala and she heard voices using scalpel, drugs and
coming from inside the
counseling with regard to a Dantes on April 4, 1962. His name
person’s sex? May a person was registered as "Rommel
successfully petition for a change Jacinto Dantes Silverio" in his
of name and sex appearing in the certificate of live birth (birth
birth certificate to reflect the result certificate). His sex was registered
of a sex reassignment surgery? as "male."
On November 26, 2002, petitioner He further alleged that he is a
Rommel Jacinto Dantes Silverio male transsexual, that is,
filed a petition for the change of "anatomically male but feels,
his first name and sex in his birth thinks and acts as a female" and
certificate in the Regional Trial that he had always identified
Court of Manila, Branch 8. The himself with girls since
petition, docketed as SP Case No. childhood.1 Feeling trapped in a
02-105207, impleaded the civil man’s body, he consulted several
registrar of Manila as respondent. doctors in the United States. He
underwent psychological
Petitioner alleged in his petition examination, hormone treatment
that he was born in the City of and breast augmentation. His
Manila to the spouses Melecio attempts to transform himself to a
Petines Silverio and Anita Aquino
"woman" culminated on January An order setting the case for initial
27, 2001 when he underwent sex hearing was published in the
reassignment surgery2 in People’s Journal Tonight, a
Bangkok, Thailand. He was newspaper of general circulation
thereafter examined by Dr. in Metro Manila, for three
Marcelino Reysio-Cruz, Jr., a consecutive weeks.3 Copies of the
plastic and reconstruction surgeon order were sent to the Office of
in the Philippines, who issued a the Solicitor General (OSG) and
medical certificate attesting that the civil registrar of Manila.
he (petitioner) had in fact
undergone the procedure. On the scheduled initial hearing,
jurisdictional requirements were
From then on, petitioner lived as a established. No opposition to the
female and was in fact engaged to petition was made.
be married. He then sought to
have his name in his birth During trial, petitioner testified for
certificate changed from "Rommel himself. He also presented Dr.
Jacinto" to "Mely," and his sex Reysio-Cruz, Jr. and his American
from "male" to "female." fiancé, Richard P. Edel, as
witnesses.
On June 4, 2003, the trial court Firstly, the [c]ourt is of the
rendered a decision4 in favor of opinion that granting the
petitioner. Its relevant portions petition would be more in
read: consonance with the
principles of justice and
Petitioner filed the present equity. With his sexual [re-
petition not to evade any law assignment], petitioner, who
or judgment or any infraction has always felt, thought and
thereof or for any unlawful acted like a woman, now
motive but solely for the possesses the physique of a
purpose of making his birth female. Petitioner’s misfortune
records compatible with his to be trapped in a man’s body
present sex. is not his own doing and
The sole issue here is should not be in any way
whether or not petitioner is taken against him.
entitled to the relief asked for. Likewise, the [c]ourt believes
The [c]ourt rules in the that no harm, injury [or]
affirmative. prejudice will be caused to
anybody or the community in
granting the petition. On the in the Certificate of Birth of
contrary, granting the petition [p]etitioner, specifically for
would bring the much-awaited petitioner’s first name from
happiness on the part of the "Rommel Jacinto"
petitioner and her [fiancé] and to MELY and petitioner’s
the realization of their dreams. gender from "Male"
to FEMALE. 5
Finally, no evidence was
presented to show any cause On August 18, 2003, the Republic
or ground to deny the present of the Philippines (Republic), thru
petition despite due notice the OSG, filed a petition for
and publication thereof. Even certiorari in the Court of
the State, through the [OSG] Appeals.6 It alleged that there is
has not seen fit to interpose no law allowing the change of
any [o]pposition. entries in the birth certificate by
reason of sex alteration.
WHEREFORE, judgment is
hereby rendered GRANTING On February 23, 2006, the Court
the petition and ordering the of Appeals7 rendered a
Civil Registrar of Manila to decision8 in favor of the Republic.
change the entries appearing It ruled that the trial court’s
decision lacked legal basis. There The petition lacks merit.
is no law allowing the change of
either name or sex in the A Person’s First Name Cannot
certificate of birth on the ground of Be Changed On the Ground of
sex reassignment through Sex Reassignment
surgery. Thus, the Court of Petitioner invoked his sex
Appeals granted the Republic’s reassignment as the ground for
petition, set aside the decision of his petition for change of name
the trial court and ordered the and sex. As found by the trial
dismissal of SP Case No. 02- court:
105207. Petitioner moved for
reconsideration but it was Petitioner filed the present
denied.9 Hence, this petition. petition not to evade any law
or judgment or any infraction
Petitioner essentially claims that thereof or for any unlawful
the change of his name and sex in motive but solely for the
his birth certificate is allowed purpose of making his birth
under Articles 407 to 413 of the records compatible with his
Civil Code, Rules 103 and 108 of present sex. (emphasis
the Rules of Court and RA 9048.10 supplied)
Petitioner believes that after This Civil Code provision was
having acquired the physical amended by RA 9048 (Clerical
features of a female, he became Error Law). In particular, Section 1
entitled to the civil registry of RA 9048 provides:
changes sought. We disagree.
SECTION 1. Authority to
The State has an interest in the Correct Clerical or
names borne by individuals and Typographical Error and
entities for purposes of Change of First Name or
identification.11 A change of name Nickname. – No entry in a
is a privilege, not a civil register shall be changed
right.12 Petitions for change of or corrected without a judicial
name are controlled by order, except for clerical or
statutes.13 In this connection, typographical errors and
Article 376 of the Civil Code change of first name or
provides: nickname which can be
corrected or changed by the
ART. 376. No person can concerned city or municipal
change his name or surname civil registrar or consul
without judicial authority. general in accordance with
 the provisions of this Act and Rules of Court, until and unless an
its implementing rules and administrative petition for change
regulations. of name is first filed and
subsequently denied.15 It likewise
RA 9048 now governs the change lays down the corresponding
of first name.14 It vests the power venue,16 form17 and procedure. In
and authority to entertain petitions sum, the remedy and the
for change of first name to the city proceedings regulating change of
or municipal civil registrar or first name are primarily
consul general concerned. Under administrative in nature, not
the law, therefore, jurisdiction over judicial.
applications for change of first
name is now primarily lodged with RA 9048 likewise provides the
the aforementioned administrative grounds for which change of first
officers. The intent and effect of name may be allowed:
the law is to exclude the change
of first name from the coverage of SECTION 4. Grounds for
Rules 103 (Change of Name) and Change of First Name or
108 (Cancellation or Correction of Nickname. – The petition for
Entries in the Civil Registry) of the change of first name or
nickname may be allowed in Petitioner’s basis in praying for the
any of the following cases: change of his first name was his
sex reassignment. He intended to
(1) The petitioner finds the make his first name compatible
first name or nickname to be with the sex he thought he
ridiculous, tainted with transformed himself into through
dishonor or extremely difficult surgery. However, a change of
to write or pronounce; name does not alter one’s legal
(2) The new first name or capacity or civil status.18 RA 9048
nickname has been habitually does not sanction a change of first
and continuously used by the name on the ground of sex
petitioner and he has been reassignment. Rather than
publicly known by that first avoiding confusion, changing
name or nickname in the petitioner’s first name for his
community; or declared purpose may only create
grave complications in the civil
(3) The change will avoid registry and the public interest.
confusion.
Before a person can legally
change his given name, he must
present proper or reasonable proper remedy was administrative,
cause or any compelling reason that is, that provided under RA
justifying such change.19 In 9048. It was also filed in the
addition, he must show that he will wrong venue as the proper venue
be prejudiced by the use of his was in the Office of the Civil
true and official name.20 In this Registrar of Manila where his birth
case, he failed to show, or even certificate is kept. More
allege, any prejudice that he might importantly, it had no merit since
suffer as a result of using his true the use of his true and official
and official name. name does not prejudice him at
all. For all these reasons, the
In sum, the petition in the trial Court of Appeals correctly
court in so far as it prayed for the dismissed petitioner’s petition in
change of petitioner’s first name so far as the change of his first
was not within that court’s primary name was concerned.
jurisdiction as the petition should
have been filed with the local civil No Law Allows The Change of
registrar concerned, assuming it Entry In The Birth Certificate As
could be legally done. It was an To Sex On the Ground of Sex
improper remedy because the Reassignment
The determination of a person’s for a judicial order. In effect, RA
sex appearing in his birth 9048 removed from the ambit of
certificate is a legal issue and the Rule 108 of the Rules of Court the
court must look to the correction of such errors.22 Rule
statutes.21 In this connection, 108 now applies only to
Article 412 of the Civil Code substantial changes and
provides: corrections in entries in the civil
register.23
ART. 412. No entry in the civil
register shall be changed or Section 2(c) of RA 9048 defines
corrected without a judicial what a "clerical or typographical
order. error" is:
Together with Article 376 of the SECTION 2. Definition of
Civil Code, this provision was Terms. – As used in this Act,
amended by RA 9048 in so far the following terms shall
as clerical or typographical errors mean:
are involved. The correction or
change of such matters can now xxx       xxx       xxx
be made through administrative
proceedings and without the need
(3) "Clerical or no correction must
typographical error" refers involve the change
to a mistake committed in of nationality, age, status
the performance of or sex of the petitioner.
clerical work in writing, (emphasis supplied)
copying, transcribing or
typing an entry in the civil Under RA 9048, a correction in
register that is harmless the civil registry involving the
and innocuous, such as change of sex is not a mere
misspelled name or clerical or typographical error. It is
misspelled place of birth a substantial change for which the
or the like, which is visible applicable procedure is Rule 108
to the eyes or obvious to of the Rules of Court.
the understanding, and The entries envisaged in Article
can be corrected or 412 of the Civil Code and
changed only by correctable under Rule 108 of the
reference to other existing Rules of Court are those provided
record or in Articles 407 and 408 of the Civil
records: Provided, Code:24
however, That
ART. 407. Acts, events and determination of filiation; (15)
judicial decrees concerning voluntary emancipation of a
the civil status of persons minor; and (16) changes of
shall be recorded in the civil name.
register.
The acts, events or factual errors
ART. 408. The following shall contemplated under Article 407 of
be entered in the civil register: the Civil Code include even those
that occur after birth.25 However,
(1) Births; (2) marriages; (3) no reasonable interpretation of the
deaths; (4) legal separations; provision can justify the
(5) annulments of marriage; conclusion that it covers the
(6) judgments declaring correction on the ground of sex
marriages void from the reassignment.
beginning; (7) legitimations;
(8) adoptions; (9) To correct simply means "to make
acknowledgments of natural or set aright; to remove the faults
children; (10) naturalization; or error from" while to change
(11) loss, or (12) recovery of means "to replace something with
citizenship; (13) civil something else of the same kind
interdiction; (14) judicial or with something that serves as a
substitute."26 The birth certificate citizenship, civil interdiction,
of petitioner contained no error. All judicial determination of filiation
entries therein, including those and changes of name). These
corresponding to his first name acts, events and judicial decrees
and sex, were all correct. No produce legal consequences that
correction is necessary. touch upon the legal capacity,
status and nationality of a person.
Article 407 of the Civil Code Their effects are expressly
authorizes the entry in the civil sanctioned by the laws. In
registry of certain acts (such as contrast, sex reassignment is not
legitimations, acknowledgments of among those acts or events
illegitimate children and mentioned in Article 407. Neither
naturalization), events (such as is it recognized nor even
births, marriages, naturalization mentioned by any law, expressly
and deaths) and judicial or impliedly.
decrees (such as legal
separations, annulments of "Status" refers to the
marriage, declarations of nullity of circumstances affecting the legal
marriages, adoptions, situation (that is, the sum total of
naturalization, loss or recovery of capacities and incapacities) of a
person in view of his age, emancipation, marriage,
nationality and his family divorce, and sometimes even
membership.27 succession.28 (emphasis
supplied)
The status of a person in law
includes all his personal A person’s sex is an essential
qualities and relations, more factor in marriage and family
or less permanent in nature, relations. It is a part of a person’s
not ordinarily terminable at legal capacity and civil status. In
his own will, such as his this connection, Article 413 of the
being legitimate or illegitimate, Civil Code provides:
or his being married or not.
The comprehensive ART. 413. All other matters
term status… include such pertaining to the registration
matters as the beginning and of civil status shall be
end of legal personality, governed by special laws.
capacity to have rights in But there is no such special law in
general, family relations, and the Philippines governing sex
its various aspects, such as reassignment and its effects. This
birth, legitimation, adoption, is fatal to petitioner’s cause.
Moreover, Section 5 of Act 3753 birth or by either parent of the
(the Civil Register Law) provides: newborn child.
SEC. 5. Registration and In such declaration, the
certification of births. – The person above mentioned shall
declaration of the physician or certify to the following facts:
midwife in attendance at the (a) date and hour of birth;
birth or, in default thereof, the (b) sex and nationality of
declaration of either parent of infant; (c) names, citizenship
the newborn child, shall be and religion of parents or, in
sufficient for the registration of case the father is not known,
a birth in the civil register. of the mother alone; (d) civil
Such declaration shall be status of parents; (e) place
exempt from documentary where the infant was born;
stamp tax and shall be sent to and (f) such other data as
the local civil registrar not may be required in the
later than thirty days after the regulations to be issued.
birth, by the physician or
midwife in attendance at the xxx       xxx       xxx (emphasis
supplied)
Under the Civil Register Law, a legislative intent. The words "sex,"
birth certificate is a historical "male" and "female" as used in
record of the facts as they existed the Civil Register Law and laws
at the time of birth.29Thus, the sex concerning the civil registry (and
of a person is determined at even all other laws) should
birth, visually done by the birth therefore be understood in their
attendant (the physician or common and ordinary usage,
midwife) by examining the genitals there being no legislative intent to
of the infant. Considering that the contrary. In this connection,
there is no law legally recognizing sex is defined as "the sum of
sex reassignment, the peculiarities of structure and
determination of a person’s sex function that distinguish a male
made at the time of his or her from a female"32 or "the distinction
birth, if not attended by error,30 is between male and
immutable.31 female."33Female is "the sex that
produces ova or bears
When words are not defined in a young"34 and male is "the sex that
statute they are to be given their has organs to produce
common and ordinary meaning in spermatozoa for fertilizing
the absence of a contrary ova."35 Thus, the words "male"
and "female" in everyday For these reasons, while petitioner
understanding do not include may have succeeded in altering
persons who have undergone sex his body and appearance through
reassignment. Furthermore, the intervention of modern
"words that are employed in a surgery, no law authorizes the
statute which had at the time a change of entry as to sex in the
well-known meaning are civil registry for that reason. Thus,
presumed to have been used in there is no legal basis for his
that sense unless the context petition for the correction or
compels to the contrary."36 Since change of the entries in his birth
the statutory language of the Civil certificate.
Register Law was enacted in the
early 1900s and remains Neither May Entries in the Birth
unchanged, it cannot be argued Certificate As to First Name or
that the term "sex" as used then is Sex Be Changed on the Ground
something alterable through of Equity
surgery or something that allows a The trial court opined that its grant
post-operative male-to-female of the petition was in consonance
transsexual to be included in the with the principles of justice and
category "female." equity. It believed that allowing the
petition would cause no harm, grant the changes sought by
injury or prejudice to anyone. This petitioner will substantially
is wrong. reconfigure and greatly alter the
laws on marriage and family
The changes sought by petitioner relations. It will allow the union of
will have serious and wide-ranging a man with another man who has
legal and public policy undergone sex reassignment (a
consequences. First, even the trial male-to-female post-operative
court itself found that the petition transsexual). Second, there are
was but petitioner’s first step various laws which apply
towards his eventual marriage to particularly to women such as the
his male fiancé. However, provisions of the Labor Code on
marriage, one of the most sacred employment of women,39 certain
social institutions, is a special felonies under the Revised Penal
contract of permanent Code40 and the presumption of
union between a man and a survivorship in case of calamities
woman.37 One of its essential under Rule 131 of the Rules of
requisites is the legal capacity of Court,41 among others. These
the contracting parties who must laws underscore the public policy
be a male and a female.38 To in relation to women which could
be substantially affected if legislative guidelines becomes
petitioner’s petition were to be particularly important in this case
granted. where the claims asserted are
statute-based.
It is true that Article 9 of the Civil
Code mandates that "[n]o judge or To reiterate, the statutes define
court shall decline to render who may file petitions for change
judgment by reason of the silence, of first name and for correction or
obscurity or insufficiency of the change of entries in the civil
law." However, it is not a license registry, where they may be filed,
for courts to engage in judicial what grounds may be invoked,
legislation. The duty of the courts what proof must be presented and
is to apply or interpret the law, not what procedures shall be
to make or amend it. observed. If the legislature intends
to confer on a person who has
In our system of government, it is undergone sex reassignment the
for the legislature, should it privilege to change his name and
choose to do so, to determine sex to conform with his
what guidelines should govern the reassigned sex, it has to enact
recognition of the effects of sex legislation laying down the
reassignment. The need for
guidelines in turn governing the Court recognizes that there are
conferment of that privilege. people whose preferences and
orientation do not fit neatly into the
It might be theoretically possible commonly recognized parameters
for this Court to write a protocol on of social convention and that, at
when a person may be recognized least for them, life is indeed an
as having successfully changed ordeal. However, the remedies
his sex. However, this Court has petitioner seeks involve questions
no authority to fashion a law on of public policy to be addressed
that matter, or on anything else. solely by the legislature, not by
The Court cannot enact a law the courts.
where no law exists. It can only
apply or interpret the written word WHEREFORE, the petition is
of its co-equal branch of hereby DENIED.
government, Congress.
Costs against petitioner.
Petitioner pleads that "[t]he
unfortunates are also entitled to a SO ORDERED.
life of happiness, contentment and
[the] realization of their dreams."
No argument about that. The
Puno, C.J., Chairperson, Manoa, Hawaii, U.S.A. Rollo,
Sandoval-Gutierrez, Azcuna, p. 48.
Garcia, JJ., concur. 2
 This consisted of
"penectomy [surgical removal
of penis] bilateral oschiectomy
Footnotes [or orchiectomy which is the
surgical excision of the testes]
1
 Petitioner went for his penile skin inversion
elementary and high school, vaginoplasty [plastic surgery
as well as his Bachelor of of the vagina] clitoral hood
Science in Statistics and reconstruction and
Master of Arts, in the augmentation mammoplasty
University of the Philippines. [surgical enhancement of the
He took up Population Studies size and shape of the
Program, Master of Arts in breasts]." Id.
Sociology and Doctor of
3
Philosophy in Sociology at the  On January 23, 2003,
University of Hawaii, in January 30, 2003 and
February 6, 2003.
4 10
 Penned by Judge Felixberto  An Act Authorizing the City
T. Olalia, Jr. Rollo, pp. 51-53. or Municipal Civil Registrar or
5
the Consul General to Correct
 Id., pp. 52-53 (citations a Clerical or Typographical
omitted). Error in an Entry and/or
6
 Docketed as CA-G.R. SP Change of First Name or
No. 78824. Nickname in the Civil Register
Without Need of a Judicial
7
 Special Sixth Division. Order, Amending for the
8 Purpose Articles 376 and 412
 Penned by Associate Justice
of the Civil Code of the
Arcangelita M. Romilla-Lontok
Philippines.
with Associate Justices
Marina L. Buzon and Aurora 11
 Wang v. Cebu City Civil
Santiago-Lagman Registrar, G.R. No. 159966,
concurring. Rollo, pp. 25-33. 30 March 2005, 454 SCRA
9 155.
 Resolution dated September
14, 2006, id., pp. 45-46. 12
 Id.
13
 K v. Health Division, SECTION 7. Duties and
Department of Human Powers of the Civil
Resources, 277 Or. 371, 560 Registrar General. – xxx
P.2d 1070 (1977). xxx xxx
14
 Under Section 2 (6) of RA Where the petition is
9048, "first name" refers to a denied by the city or
name or nickname given to a municipal civil registrar or
person which may consist of the consul general, the
one or more names in petitioner may either
addition to the middle names appeal the decision to the
and last names. Thus, the civil registrar general or
term "first name" will be used file the appropriate
here to refer both to first name petition with the proper
and nickname. court.
15 16
 The last paragraph of  SECTION 3. Who May File
Section 7 of RA 9048 the Petition and Where. – Any
provides: person having direct and
personal interest in the
correction of a clerical or
typographical error in an entry petition may be filed, in
and/or change of first name or person, with the local civil
nickname in the civil register registrar of the place where
may file, in person, a verified the interested party is
petition with the local civil presently residing or
registry office of the city or domiciled. The two (2) local
municipality where the record civil registrars concerned will
being sought to be corrected then communicate to facilitate
or changed is kept. the processing of the petition.
In case the petitioner has Citizens of the Philippines
already migrated to another who are presently residing or
place in the country and it domiciled in foreign countries
would not be practical for may file their petition, in
such party, in terms of person, with the nearest
transportation expenses, time Philippine Consulates.
and effort to appear in person
before the local civil registrar The petitions filed with the city
keeping the documents to be or municipal civil registrar or
corrected or changed, the the consul general shall be
processed in accordance with
this Act and its implementing is competent to testify to the
rules and regulations. matters stated. The petitioner
shall state the particular
All petitions for the clerical or erroneous entry or entries,
typographical errors and/or which are sought to be
change of first names or corrected and/or the change
nicknames may be availed of sought to be made.
only once.
17
The petition shall be
 SECTION 5. Form and supported with the following
Contents of the Petition. – documents:
The petition shall be in the
form of an affidavit, (1) A certified true
subscribed and sworn to machine copy of the
before any person authorized certificate or of the page
by the law to administer of the registry book
oaths. The affidavit shall set containing the entry or
forth facts necessary to entries sought to be
establish the merits of the corrected or changed;
petition and shall show
affirmatively that the petitioner
 (2) At least two (2) public preceding paragraph. In
or private documents addition, the petition shall be
showing the correct entry published at least once a
or entries upon which the week for two (2) consecutive
correction or change shall weeks in a newspaper of
be based; and general circulation.
Furthermore, the petitioner
(3) Other documents shall submit a certification
which the petitioner or the from the appropriate law
city or municipal civil enforcement agencies that he
registrar or the consul has no pending case or no
general may consider criminal record.
relevant and necessary
18
for the approval of the  Republic v. Court of
petition. Appeals, G.R. No. 97906, 21
May 1992, 209 SCRA 189.
In case of change of first
19
name or nickname, the  Supra note 11.
petition shall likewise be 20
supported with the documents  Id.
mentioned in the immediately
21 28
 In re Ladrach, 32 Ohio  Salonga, Jovito, Private
Misc.2d 6, 513 N.E.2d 828 International Law, 1995
(1987). Edition, Rex Bookstore, p.
22
238.
 Lee v. Court of Appeals,
29
419 Phil. 392 (2001).  This, of course, should be
23
taken in conjunction with
 Id. Articles 407 and 412 of the
24
 Co v. Civil Register of Civil Code which authorizes
Manila, G.R. No. 138496, 23 the recording of acts, events
February 2004, 423 SCRA and judicial decrees or the
420. correction or change of errors
including those that occur
25
 Id. after birth. Nonetheless, in
26 such cases, the entries in the
 Id.
certificates of birth are not be
27
 Beduya v. Republic of the corrected or changed. The
Philippines, 120 Phil. 114 decision of the court granting
(1964). the petition shall be annotated
in the certificates of birth and
 39
shall form part of the civil  These are Articles 130 to
register in the Office of the 138 of the Labor Code which
Local Civil Registrar. (Co v. include nightwork prohibition,
Civil Register of facilities for women,
Manila, supra note 24) prohibition on discrimination
30
and stipulation against
 The error pertains to one marriage, among others.
where the birth attendant
40
writes "male" or "female" but  These include Article 333
the genitals of the child are on adultery, Articles 337 to
that of the opposite sex. 339 on qualified seduction,
31
simple seduction and acts of
 Moreover, petitioner’s lasciviousness with the
female anatomy is all man- consent of the offended party
made. The body that he and Articles 342 and 343 on
inhabits is a male body in all forcible and consented
aspects other than what the abduction, among others.
physicians have supplied.
41
32
 Section 3(jj)(4).
 Black’s Law Dictionary,
th
8  edition (2004), p.1406.