REPUBLIC

V.
JENNIFER B. CAGANDAHAN
G.R. No. 166676, September 12, 2008
 FACTS:
 JENNIFER CAGANDAHAN was born on January 1981
 registered as a female in the Certificate of Live Birth
 but while growing up, she developed secondary
male characteristics
 and eventually diagnosed with Congenital Adrenal
Hyperplasia (CAH).
 On December 2003, she filed a Petition for
Correction of Entries in Birth Certificate before the
RTC, Laguna.
 FACTS:
 CAH (Congenital Adrenal Hyperplasia)?
 Itis characterized by inappropriate manifestations
of male characteristics, although are genetically
female.
 CAH people have ambiguous private parts,
appearing more male than female but have internal
female reproductive organs.
 FACTS:
 she alleges, in her early years, she had clitoral
hypertrophy
 clitoral
hypertrophy: clitoral abnormality which results in
enlargement or development of male-like characteristics
 atage six, after an ultrasound, it was discovered that she
had small ovaries
 but at 13, tests revealed that her ovarian structures had
diminished, and had no breast or menses.
 For all intents and purposes, she considered herself male.
 FACTS:
 To prove her claim, respondent presented Dr.
Michael Sionzon of the Department of
Psychiatry, UP-PGH, who issued a medical
certificate stating:
 that (1) respondent is genetically female but her
body secretes male hormones,
 and (2) has two organs of which the female part
is undeveloped.
FACTS:
 RTC: granted respondent’s petition
 Office of the Solicitor General: objected and
appealed before the Supreme Court
 Reason of the OSG: invoking that there was a
violation of Rules 103 and 108 of the Rules of
Court because the said petition did not implead
the local civil registrar. (Rule 103: Change of Name
and Rule 108: Cancellation Or Correction Of
Entries)
ISSUE:
Can a genetically female but
predominantly male person request
for change of name and gender?
HELD:
Yes…
RATIO:
A change of name is not a matter
of right but of judicial discretion,
to be exercised by the court in the
light of the reasons and the
consequences that will follow.
RATIO:
 The Supreme Court made use of the available
evidence presented in court including
 (1) 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
her as being male, and
 (2) the fact that private respondent thinks of
herself as a male.
RATIO:
Respondent, indisputably, from the
perspective of medicine, has CAH,
Congenital Adrenal Hyperplasia
RATIO:
 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.
 In other words, the Supreme Court respects the
respondent’s congenital condition and his mature
decision to be a male.
RULING:
Republic’s petition is denied.
RTC Branch 33 decision is affirmed.
Thank you for
listening…

Gherold C. Benitez