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Republic of the Philippines vs. Unabia [SEPARATE CONCURRING OPINION, LEONEN, J.]

REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. MILLER OMANDAM UNABIA, RESPONDENT.

G.R. No. 213346 | 2019-02-11

SEPARATE CONCURRING OPINION

LEONEN, J.:

I concur in the result that the Petition should be denied. The erroneous entries in respondent Miller Omandam Unabia's birth certificate must be rectified.
 
I

There is no iota of doubt that respondent was conceived and born male.[1] However, to prevent confusion, certain clarifications must be made.

The terms "sex" and "gender" refer to two (2) different ideas having vast differences. These cannot be used interchangeably. Sex is a biological concept, while gender is a social concept.[2]

On one hand, sex "refers to the biological distinctions...