Samantala, ang latest, naghain ng petisyon sa isang korte sa Amerika si Rustom Padilla aka BB Gandanghari. Sa nasabing petisyon, nakalagay na mula sa kanyang kasalukuyang legal na pangalan na Rustom Carino Padilla, hinihingi nya sa korte na ang gawing legal na pangalan nya ay 'Binibini Gandanghari'. Next na ba ang S3x Change?
Sa mga kapsyon nang posts nya sa kanyang Instagram account, sinabi ni BB Gandanghari na:
And then... It's really just a matter of time now🙏#itallstartswiththename#longtimecoming #thisisit#BeingBbGandanghari
at:
#beingbbgandanghari: CHANGE is coming... Big time!!! 🙏
Sa comments section naman ng isa sa kanyang post, may nag-komento ng umano'y mga legal na implikasyon ng naging hakbang ni BB Gandanghari:
(IF THE PETITIONER IS A PHILIPPINE CITIZEN) Pursuant to Article 15 of the Civil Code of the Philippines, "laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad". And "prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws, or judgements promulgated, or by determinations or conventions agreed upon in a foreign country" (Article 17). Citing the case of Silverio vs. Republic of the Philippines (2007), a person's sex is determined at BIRTH by examining the GENITALS OF THE INFANT. But there is a circumstance that the petition can prosper like in the case Republic of the Philippines vs. Cagandahan (2008). In the said case, the respondent was BIOLOGICALLY or NATURALLY INTERSEX and so the determining factor of gender classification would be the choice of the individual upon reaching the age of majority with good reason thinks his/her sex. If the petition for change of gender of Mr. Padilla is granted by the foreign court, it will not be recognized in the Philippines because is governed by Philippine law pursuant to Article 15 and 17 (IF HE IS A CITIZEN OF THE PHILIPPINES). But if he is a Foreign citizen and NOT A PHILIPPINE CITIZEN, the judgement of the petition (if granted) CAN BE recognized by the Philippines as a matter of international comity if valid in the country where it was obtained and valid to the national law of the person (IF THE PETIONER WILL ASK FOR RECOGNITION OF JUDGEMENT IN THE PHILIPPINES). @gandangharibb :)