Question III, Civil Law, 2018 Bar Exam

Silverio was a woman trapped in a man's body. He was born male and his birth certificate indicated his gender as male, and his name as Silverio Stalon. When he reached the age of 21, he had a sex reassignment surgery in Bangkok, and, from then on, he lived as a female. On the basis of his sex reassignment, he filed an action to have his first name changed to Shelley, and his gender, to female. While he was following up his case with the Regional Trial Court of Manila, he met Sharon Stan, who also filed a similar action to change her first name to Shariff, and her gender, from female to male.

Sharon was registered as a female upon birth. While growing up, she developed male characteristics and was diagnosed to have congenital adrenal hyperplasia ("CAH") which is a condition where a person possesses both male and female characteristics. At puberty, tests revealed that her ovarian structures had greatly minimized, and she had no breast or menstrual development. Alleging that for all intents and appearances, as well as mind and emotion, she had become a male, she prayed that her birth certificate be corrected such that her gender should be changed from female to male, and that her first name should be changed from Sharon to Shariff.

Silverio and Sharon fell in love and decided to marry. Realizing that their marriage will be frowned upon in the Philippines, they travelled to Las Vegas, USA where they got married based on the law of the place of celebration of the marriage. ...

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