Republic vs Cagandahan

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

Facts:
Jennifer Cagandahan was born female as registered on her certificate of live birth. While growing up,
she developed secondary male characteristic and was diagnosed to have Congenital Adrenal
Hyperplasia (CHA), a condition where one possesses both male and female characteristic. She
underwent an ultrasound where it was discovered that she has small ovaries. At age thirteen, tests
revealed that her ovarian structures had minimized, she has stopped growing and she has 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.
She prayed that her birth certificate be corrected such that her gender be changed from female to male
and her first name be changed from Jennifer to Jeff.
Issue:
Whether or not Cagandahan, an intersex individual, can change her gender on her certificate of live
birth from female to male?
Held:
Yes. Cagandahan, an intersex individual, can change her gender on her certificate of live birth from
female to male.
The court ruled 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
Cagandahan here thinks of himself as a male and considering that his body produces high levels of
male hormones (androgen) there is preponderant biological support for considering him as being
male. Sexual development in cases of intersex persons makes the gender classification at birth
inconclusive.