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REPUBLIC OF THE PHILIPPINES vs.

JENNIFER CAGANDAHAN
GR No. 166676, September 12, 2008

FACTS:

Jennifer Cagandahan filed before the Regional Trial Court 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.
It appearing that Jennifer Cagandahan is
sufferingfrom Congenital AdrenalHyperplasia which is a rare medical condition
where afflicted persons possess both male and female characteristics. Jennifer
Cagandahan grew up with secondary male characteristics. To further her petition,
Cagandahan presented in court the medical certificate evidencing that she is
suffering from Congenital Adrenal Hyperplasia which certificate is issued by Dr.
Michael Sionzon of the Department of Psychiatry, University of the Philippines-
Philippine General Hospital, who, in addition, explained that
“Cagandahan genetically is female but because her body secretes male hormones,
her female organs did not develop normally, thus has organs of both male and
female.” The lower court decided in her favor but the Office of the Solicitor General
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.

ISSUE:

Whether or not Cagandahan’s sex as appearing in her birth certificate be changed.

RULING:

The Supreme Court affirmed the decision of the lower court. It held that, in
deciding the case, the Supreme Court considered “the compassionate calls for
recognition of the various degrees of intersex as variations which should not be
subject to outright denial.” The Supreme Court made use of the availale evidence
presented in court including the fact that private respondent thinks of himself as a
male and as to the statement made by the doctor that Cagandahan’s body
produces high levels of male hormones (androgen), which is preponderant
biological support for considering him as being male.”

The Supreme Court further held that they give respect to (1) the diversity of nature;
and (2) how an individual deals with what nature has handed out. That is, the
Supreme Court respects the respondent’s congenital condition and his mature
decision to be a male. Life is already difficult for the ordinary person. The Court
added that a change of name is not a matter of right but of judicial discretion, to be
exercised in the light of the reasons and the consequences that will follow.

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