Seeking to recognize the lived identities of transgender, intersex, and non-binary Filipinos through a simple and accessible administrative process, Akbayan Partylist filed House Bill 9929, the “Lived Identities and Recognition Act”, also known as the Sharmaine Bill.
“For many trans and intersex Filipinos, their names cause ridicule and discrimination. Madalas silang kinukutya at pinagtatawanan dahil sa pangalan na nasa mga legal documents nila,” Akbayan Rep. Perci Cendaña said.
The bill noted that “according to the Supreme Court in Silverio v Republic, our laws have not yet caught up with the medical and scientific advances in understanding gender identity”, and that since 2022, the “United Nations Human Rights Committee has been urging the Philippine government to adopt legal gender recognition procedures.”
The Sharmaine Bill, therefore, eyes to allow them to align their legal documents with their authentic selves, including their lived name and gender marker, without the need for lengthy and costly court proceedings.
The bill also extends this to survivors of gender-based violence and child abuse who seek a name change for their safety and well-being.
This is aligned with the Philippine Constitution that, supposedly, “guarantees that no person shall be denied the equal protection of the laws. Without legal recognition, persons of diverse sexual orientation, gender identity or expression and sex characteristics (SOGIESC) are discriminated against in employment, health services, education, and other settings. They are made more vulnerable to violence and psychological trauma,” the bill further noted.
Under the proposed law, those aged 18 years or over may apply, and will need to submit specific documents (e.g. sworn affidavit containing reason for change, authenticated government documents, and supporting documents).
The proposed law also eyes to amend conflicting provisions of Republic Act 3753, Republic Act 9048, 10172, Civil Code, and the Rules of Court that currently disallow this process.
Any violator shall be subjected to fines ranging from PhP50,000.00 to PhP200,000.00, and other applicable administrative sanctions.
“Kung gets natin agad na Sharmaine ang gustong pangalan ng isang orange sa Tiktok, kayang-kaya rin natin i-extend ang ganitong pag-unawa sa mga trans at intersex nating kapatid. Deserve nilang kilalanin ng batas sa pangalang nakasanayan nila at sa kung sino talaga sila,” Cendaña ended.
