LEGAL MEDICINE CASES

Gherold Benitez

Republic v. Jennifer B. Cagandahan

G.R. No. 166676, September 12, 2008

FACTS:

Jennifer Cagandahan alleged that she was born on January 13, 1981, registered as a female in the Certificate of
Live Birth but while growing up developed secondary male characteristics and eventually diagnosed with
Congenital Adrenal Hyperplasia (CAH). On December 11, 2003, respondent filed a Petition for Correction of
Entries in Birth Certificate before the RTC, Laguna.

Respondent alleges that she had clitoral hypertrophy in her early years, at age six, after an ultrasound, it was
discovered that she had small ovaries but at 13 years old, tests revealed that her ovarian structures had
diminished, stopped growing and had no breast or menses. For all intents and purposes, as well as in
disposition, considered herself male. To prove her claim, respondent presented Dr. Michael Sionzon of the
Department of Psychiatry, UP-PGH, who issued a medical certificate stating that respondent is genetically
female but her body secretes male hormones, has two organs of which the female part is undeveloped.

RTC granted respondents petition 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: Can a genetically female but predominantly male person request for change of name and gender?

RULING:
The Court ruled that the governing law with respect to change of name and gender is RA 9048. Respondent,
indisputably, has CAH, as such, is characterized by inappropriate manifestations of male characteristics,
although are genetically female. CAH people also have ambiguous private parts, appearing more male than
female but have internal female reproductive organs which may become undeveloped.

The Court considered the compassionate calls for recognition of the various degrees of intersex as variations
which should not be subject to outright denial. SC is of the view that 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.

The Supreme Court made use of the available 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 Cagandahans 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 respondents congenital
condition and his mature decision to be a male.

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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 LEGAL MEDICINE CASES
Gherold Benitez

Republics petition is denied. RTC Branch 33 decision is affirmed.

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