Temere Animus

When is a man a man and when is a woman a woman?  In particular, does the law recognize the changes made by a physician using scalpel, drugs and counseling with regard to a person’s sex?  May a person successfully petition for a change of name and sex appearing in the birth certificate to reflect the result of a sex reassignment surgery?  Silverio vs. Republic, 537 SCRA 373, G.R. No. 174689 October 19, 2007 G.R. No. 174689. October 19, 2007. ROMMEL JACINTO DANTES SILVERIO, petitioner, vs. REPUBLIC OF THE PHILIPPINES, respondent.  Ponente :  CORONA, J.: Topics :  Change of Name, Clerical Error Law (RA 9048), Sex Change, Statutory Construction, Status, Civil Register Law (Act 3753), Marriage, Separation of Powers, Judicial Legislation Doctrines:      The State has an interest in the names borne by individuals and entities for purposes of identification; A change of name is a privilege, not a right.      RA 9048 now governs the ...

Case: CORAZON C. SIM, Petitioner, versus NATIONAL LABOR RELATIONS COMMISSION and EQUITABLE PCI-BANK, Respondents. [i] G.R. No. 157376 | 2007-10-02 Ponente: AUSTRIA-MARTINEZ, J.: Topics: Certiorari; Motions for Reconsideration; Questions of Law and Questions of Fact; Labor Law; Dismissals; Loss of Trust and Confidence; Managerial Employees; Jurisdictions; Doctrines:   (1) A prior motion for reconsideration is an indispensable condition to the filing of a special civil action for certiorari; There are, of course, exceptions to the foregoing rule, to wit:   (a) where the order is a patent nullity, as where the court a quo has no jurisdiction; (b) where the questions raised in the certiorari proceedings have been duly raised and passed upon by the lower court, or are the same as those raised and passed upon in the lower court; (c) where there is an urgent necessity for the resolution of the question and any further delay would prejudice the interests of the G...