Simplify name and gender marker change of intersex Filipinos.
House Bill 11006 was filed in the House of Representatives to seek to simplify the process to change the name and gender markers in legal documents of intersex Filipinos by amending Republic Act No. 9048 and RA 10172.
RA 9048, which was enacted in 2001, affords Filipinos “the accessibility and efficiency to correct clerical and typographical errors in an entry or to change first names in local civil registry offices without the need for a judicial order,” Akbayan representative Percival Cendaña said in the bill’s explanatory note.
Meanwhile, RA 10172 amends RA 9048 by extending the scope of corrections to include an individual’s gender, the day and month of birth, and civil status in the birth certificate, though only if these are clerical and typographical errors.
However, these are not readily accessible to intersex people even if the Supreme Court already decided – via Republic of the Philippines v. Jennifer Cagandahan (G.R. No. 166676) – that they may choose their self-identification due to their medical condition.
While there may be laws that authorize “changes in civil register entries and first names or nicknames, they do not explicitly address the unique circumstances of intersex individuals,” Cendaña said.
HB 11006 eyes to make changes to RA 9048 as amended by Republic Act No. 10172, including:
- Make a new section to highlight people’s “right to self-determination with respect to their personal information, including but not limited to decisions related to the correction of clerical or typographical errors in the civil register and changes of first names or nicknames.”
- Add an entry in the grounds for changes – i.e. “For intersex people, the correction of sex and/or first name shall be made de jure applicable due to the inborn nature of their medical condition; Provided, that they are of legal age.”
- Identify documents to be presented by intersex people to make a correction of a clerical or typographical error, or for change of first name or nickname – e.g. affidavit, subscribed and sworn to before any person authorized by law to administer oaths; and at least two public or private documents showing the correct entry or entries upon which the correction or change shall be based.
- Make a new section stressing confidentiality of all records and information related to the correction of clerical or typographical errors in the civil register and changes of first names or nicknames.
The proposed legislation “aims to provide a straightforward and accessible legal process for intersex individuals to change their sex and first names in the civil register without the need for a judicial order. This bill shall promote efficiency and inclusivity within the civil registration system, ensuring that intersex individuals can avail of administrative remedies to correct civil registry documents just like any Filipino. It acknowledges the importance of respecting an individual’s right to self-determination and privacy regarding their gender identity and personal information,” Cendaña said.
