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Sex change not valid basis for new name, gender--CA

By Tetch Torres
INQUIRER.net
First Posted 16:43:00 05/19/2008

Filed Under: Judiciary (system of justice), Laws, Gender Issues, Lifestyle & Leisure, Women

MANILA, Philippines -- “Sex reassignment” or sex change is not a valid ground to change the name and gender of a person, the Court of Appeals has ruled.

Based on the 23-page decision, the court affirmed the appeal made by the Office of the Solicitor-General asking that it reverse the 2006 decision of Branch 105 of the Quezon City regional trial court ordering the Pasay City Registrar's Office to change Gilbert Duran Deposoy's name to "Veronica" and his gender from male to female.

The appeals court said the change would have "public policy consequences."

Deposoy, who works as stage manager of several televisions shows, went to Thailand in 2005 where he had a sexual reassignment surgery.

Upon his return, Deposoy applied to legalize his "new" self in order to be married to his Australian fiancée who knew about his surgery.

But the Court of Appeals said that no law allowed a change of gender in the person's birth certificate.

"While appellee may have succeeded in reconfiguring his body and appearance, there is no law that allows the change or correction of entries in appellee's birth certificate as to first name and sex on the ground of sex reassignment. The Courts cannot engage in judicial legislation, as its duty to apply or interpret the law," the appeals court said.

It added that marriage was a special contract of permanent union between a man and a woman, thus, granting Deposoy's petition would certainly alter the laws on marriage and family relations.

The court added that there were other laws on women that would be affected if his prayer would be granted.

"These laws underscore the public policy in relation to women which could be substantially affected if petitioner's petition were to be granted," the Court added.



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