Civil Law Case Digest (PAFR):

REPUBLIC vs CAGANDAHAN

Principle:

In the view where the person is biologically or naturally intersex the determining factor in his gender classification would be that the individual, like the respondent, having reached the age of majority, with good reason thinks of his or her sex.

Facts:

The respondent, Jennifer Cagandahan filed a petition for the correction of entries in the birth certificate before the Regional Trial Court of Laguna.

In the petition, she alleged that she was born on January 13, 1981 and was registered as female in the certificate of live birth but while growing up, she developed male characteristics and was diagnosed to have Congenital Adrenal Hyperplasia (CAH) which is a condition where persons afflicted to possess both male and female characteristics. She further alleged that she was diagnosed to have a clitoral hyperthropy in her early years and at six underwent an ultrasound where it was diagnosed that she has small ovaries. At 13, the tests revealed that her ovary structure had minimized, stopped growing, and no breast or menstrual development. She then alleged that for all interests and appearances as well as in mind and emotion, she has become a male person.

To prove her claim, Dr. Sionzon issued a medical certificate stating that the respondent’s condition is known as CAH. He explained that genetically respondent is female but because her body secretes male hormones her female organ did not develop normally and she has two sex organs, male and female. Dr. Sionzon testified that this condition is very rare and that the respondent’s condition is permanent and recommended the change of gender because the respondent has made up her mind, and adjusted to her chosen role as male, and the gender change is advantageous.

The Regional Trial Court granted the respondent’s petition; they are convinced that the petitioner has satisfactorily shown that he is entitled to the reliefs prayed for; he adequately presented to the Court very clear and convincing proofs in granting his petition. It was medically proven that his body produces male hormones, and his body, action, and feelings are that of a male. He is a normal person and wants to be acknowledged and identified as male.

Issue:

Whether the trial court erred in ordering the correction of entries in the birth certificate of the respondent.

Ruling:

No. The trial court did not err in granting the correction of entries in the birth certificate of the respondent.

The current state of the Philippine statute apparently compels that a person be classified as male or female but the Court is not controlled by mere appearances when nature itself fundamentally negates such rigid classification.

The respondent’s condition has been determined based on medical testimony and scientific development showing that the respondent is other than a female, then the change in the respondent’s birth certificate entry is in order.

The Court stated that it was in the view where the person is biologically or naturally intersex the determining factor in his gender classification would be that the individual, like the respondent, having reached the age of majority, with good reason thinks of his or her sex. The respondent thought of himself as male and his body produced a high level of androgen, there was preponderant biological support for considering him as a male. Accordingly, the court further stated that for intersex persons gender classification at birth was inconclusive; it is at its maturity that the gender of such a person is fixed.

Further, the Court considered that Cagandahan had allowed nature to take its course and he had not interfered with what he was born with. Thus, the Court rejected the objections of the Solicitor General and held that, where no law governed the matter, the Court should not force Cagandahan to undergo treatment to reverse his male tendencies. Hence, the Court held that where the individual was biologically or naturally intersex, it was reasonable to allow that person to determine his or her own gender.