Gender identity as a right: A study on the legalization of sex change in the birth certificates of the transsexual Filipinos by reason of sexual reassignment surgery and its potential legal effects

Date of Publication


Document Type

Bachelor's Thesis

Degree Name

Bachelor of Science in Legal Management

Subject Categories

Civil Law | Law | Sexuality and the Law


Ramon V. Del Rosario College of Business


Commercial Law

Thesis Adviser

Marissa Buenagua

Defense Panel Chair

James Keith C. Heffron

Defense Panel Member

Arvin Jo
Voltaire Salud


Sexual orientation and gender identity continues to be one of the most controversial issues that society faces today. The lesbians, gays, bisexual and transsexuals 9LGBT) are the constant targets of prejudice and discrimination due to the fact that they somehow disrupt the status quo as regards to the relationships they form. As time passes, the homosexuals and bisexuals are starting to be recognized and accepted by society, but the same is not true regarding the transsexuals. The Society of Transgendered Women of the Philippines (STRAP) claims that gender identify is a right. And they believe that the only way that they can preserve their right is by legalizing the same.

This study addresses the issue of whether or not the transsexual-identified Filipino citizens are being deprived of their rights to liberty and equal protection of the laws under Article 3, Section 1 of the 1987 Constitution. This study critiques the case of Silverio v. Republic, 537 SCRA 373 (2007) and raises the question that by not allowing the transsexual-identified Filipino citizens to change their first names by reason of undergoing Sex Reassignment Surgery in their corresponding birth certificates, they are being deprived of liberty to exercise their freedom of choice.

Abstract Format






Accession Number


Shelf Location

Archives, The Learning Commons, 12F, Henry Sy Sr. Hall

Physical Description

92 leaves, 28 cm.


Gender transition—Law and legislation--Philippines; Sexual freedom--Philippines

Embargo Period


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