Dear PAO,
I am writing on behalf of my friend. She is furious that the government does not allow her to change her name and sex in her official documents — from her old name of Tyler to her chosen name of Gabbi.
My friend was originally assigned male at birth and suffered from depression since childhood. After spending many hours online, specifically on platforms such as Bluesky and TikTok, she finally realized that she is really a female in a male body, and that surgery is needed to align her physical attributes with her gender identity. My friend then went to Thailand for a full sex reassignment procedure. She now physically looks as a woman and uses a different name. Unfortunately, no government agency has allowed any change to her name or sex in her official records. Is this legally correct?
Xamwise
Dear Xamwise,
The government offices are correct. A person may not change his or her name and identity on his or her government papers just because he or she underwent sex change.
Indeed, the Honorable Supreme Court, speaking through Honorable Chief Justice Renato C. Corona, in the case of Rommel Jacinto Dantes Silverio vs. Republic of the Philippines (G.R. No. 174689, October 22, 2007), stated that the act of sex reassignment does not truly change a person’s sex. The Court explained:
“Status” refers to the circumstances affecting the legal situation (that is, the sum total of capacities and incapacities) of a person in view of his age, nationality and his family membership.
The status of a person in law includes all his personal qualities and relations, more or less permanent in nature, not ordinarily terminable at his own will, such as his being legitimate or illegitimate, or his being married or not. The comprehensive term status… include such matters as the beginning and end of legal personality, capacity to have rights in general, family relations, and its various aspects, such as birth, legitimation, adoption, emancipation, marriage, divorce, and sometimes even succession. (emphasis supplied)
A person’s sex is an essential factor in marriage and family relations. It is a part of a person’s legal capacity and civil status. In this connection, Article 413 of the Civil Code provides:
“ART. 413. All other matters pertaining to the registration of civil status shall be governed by special laws.
“But there is no such special law in the Philippines governing sex reassignment and its effects. This is fatal to petitioner’s cause.
“xxx
“Under the Civil Register Law, 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.”
The high court also noted that the current rules on correction of entries in the civil registry likewise do not support sex change/reassignment, viz.:
“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.
“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: xxx
“The acts, events or factual errors contemplated under Article 407 of the Civil Code include even those that occur after birth. However, no reasonable interpretation of the provision can justify the conclusion that it covers the correction on the ground of sex reassignment.”
Thus, at the current state of our laws and rules, the sex change of your friend, on its own, may not be used to allow her to change her name and sex in her government records. Said papers will continue to reflect the sex and name ascribed to her at the time of her birth.
We hope that we were able to answer your queries. This advice is solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
