Republic v. Cagandahan, G.R. No. 166676, September 12, 2008

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Ponente: QUISUMBING, J.

FACTS:

Jennifer Cagandahan filed before the RTC Branch 33 of Siniloan, Laguna a Petition for Correction of Entries in Birth Certificate of her name from Jennifer B. Cagandahan to Jeff Cagandahan and her gender from female to male.

Jennifer Cagandahan was registered as a female in her Certificate of Live Birth.

According to her, for all interests and appearances as well as in mind and emotion, she is a male person.

Jennifer is suffering from Congenital Adrenal Hyperplasia. In a certificate, issued by Dr. Michael Sionzon of the Department of Psychiatry, University of the Philippines-Philippine General Hospital explained that “Cagandahan genetically is female but because her body secretes male hormones (androgen), her female organs did not develop normally, thus has organs of both male and female.”

The lower court decided in her favor but the OSG appealed before the Supreme Court invoking that the same was a violation of Rules 103 and 108 of the Rules of Court because the said petition did not implead the local civil registrar.

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Issue:  WON a person with CAH can request for change of name and sex?

Held: Yes.

CAH is a natural albeit rare condition, and individual with this condition is referred to as intersex.  And where the person is biologically or naturally intersex the determining factor in his gender classification would be what the individual, having reached the age of majority, with good reason thinks of his/her sex.

Sexual development in cases of intersex persons makes the gender classification at birth inconclusive. It is at maturity that the gender of such persons, like respondent, is fixed.

Respondent is the one who has to live with his intersex anatomy. To him belongs the human right to the pursuit of happiness and of health. Thus, to him should belong the primordial choice of what courses of action to take along the path of his sexual development and maturation.

In the absence of evidence that respondent is an “incompetent” and in the absence of evidence to show that classifying respondent as a male will harm other members of society who are equally entitled to protection under the law, the Supreme Court affirmed as valid and justified the respondent’s position and his personal judgment of being a male.

Decision: Republic’s petition is denied. RTC Branch 33 decision is affirmed.

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