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The document discusses the right to pursue happiness and whether it is a reality or fantasy. It argues that the Supreme Court should have granted the petition in the Silverio Case, as the petitioner felt like a woman despite being born male and had surgery to become female. The pursuit of happiness should be considered an inherent human right, regardless of whether the gender was natural or artificial. While the Court granted a similar case based on natural gender, this was an erroneous conclusion. Ultimately, the right to pursue happiness should outweigh other considerations and ambiguity around a right should be resolved in favor of those raising the right. It is only a matter of time before the Philippines fully recognizes this right.
The document discusses the right to pursue happiness and whether it is a reality or fantasy. It argues that the Supreme Court should have granted the petition in the Silverio Case, as the petitioner felt like a woman despite being born male and had surgery to become female. The pursuit of happiness should be considered an inherent human right, regardless of whether the gender was natural or artificial. While the Court granted a similar case based on natural gender, this was an erroneous conclusion. Ultimately, the right to pursue happiness should outweigh other considerations and ambiguity around a right should be resolved in favor of those raising the right. It is only a matter of time before the Philippines fully recognizes this right.
The document discusses the right to pursue happiness and whether it is a reality or fantasy. It argues that the Supreme Court should have granted the petition in the Silverio Case, as the petitioner felt like a woman despite being born male and had surgery to become female. The pursuit of happiness should be considered an inherent human right, regardless of whether the gender was natural or artificial. While the Court granted a similar case based on natural gender, this was an erroneous conclusion. Ultimately, the right to pursue happiness should outweigh other considerations and ambiguity around a right should be resolved in favor of those raising the right. It is only a matter of time before the Philippines fully recognizes this right.
Is it a reality or a mere fantasy? Respect! It is what is required when confronted with one possessing it, be it a person or an animal. It is a fact that human right is considered as an inherent right. It does not need any law for it to be enforced. Also, the modern trend of human right (being dynamic) provides that the right to pursuit of happiness is a 4th generation right. In the United States, the LGBT community rejoiced as their rights and obligations were finally recognized. Based from the above-mentioned propositions, it is on the opinion of the author that the Supreme Court should have also granted the petition of the petitioner in the Silverio Case. In such case, petitioner feels like and acts like a woman despite being in a mans body. Even if he was born male and later availed surgeries and medications which caused her the artificial state of being a woman, still, she has the right to change her name in a feminine manner and change her sex to female if we are to consider her human right to pursuit of happiness. But in such case, the Court failed to consider such right. Unlike in the Kagandahan Case, the Court granted it because there was no intervention on the part of the petitioner to acquire such state. Such conclusion is erroneous. The fact
Caramat, Clinton C.
Special Proceedings
that there was an intervention from the petitioner to acquire
the state of gender should be immaterial. The ultimate consideration should be the happiness of the petitioner, even if the gender was obtained naturally or artificially. We have to accept the fact that there are homosexuals that do not prefer and others who do prefer sex change. We have to respect that. If change name is allowed, why is it not the case in terms of change of gender if both of them are for the purpose of satisfaction of the petitioner? Another commentary of the author is that in case of ambiguity of whether or not a right exists, the scale of justice should tilt in favor of the one raising such right. In both cases, despite the absence of hard law granting the right of petitioners, their petition should be granted. The right to pursuit of happiness should be treated not as a mere privilege. It does not jeopardize the state. Neither does the exercise of such right violate others. So why should the exercise of such right be prohibited? It is only a matter of time before the Philippines would accept and recognize the right to pursuit of happiness. An elected transgender in the Congress is a start. It is a manifestation that some citizens are accepting the fact that the LBGT Community may be considered as assets and they should not be treated inferiorly but equally.