REPUBLIC vs. CAGANDAHAN (Special Proceedings)

REPUBLIC OF THE PHILIPPINES, Petitioner,

- versus -

JENNIFER B. CAGANDAHAN,

Respondent.

G.R. No. 166676

FACTS:

Petitioner alleged that she was registered as a female in the Certificate of Live Birth but while growing up, she developed secondary male characteristics and was diagnosed to have Congenital Adrenal Hyperplasia (CAH) which is a condition where persons thus afflicted possess both male and female characteristics.

Thus, 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.

The RTC granted respondents petition. RTC said that petitioner has adequately presented to the Court very clear and convincing proofs for the granting of his petition. It was medically proven that petitioners body produces male hormones, and first his body as well as his action and feelings are that of a male. He has chosen to be male. He is a normal person and wants to be acknowledged and identified as a male.

Thus, this petition by the Office of the Solicitor General (OSG) seeking a reversal of the abovementioned ruling. The OSG contends that the petition below is fatally defective for non-compliance with Rules 103 and 108 of the Rules of Court.

ISSUE:

Whether the trial court erred in ordering the correction of entries in the birth certificate of respondent to change her sex or gender, from female to male, on the ground of her medical condition known as CAH, and her name from Jennifer to Jeff, under Rules 103 and 108 of the Rules of Court.

RULING:

CAH is one of many conditions that involve intersex anatomy. Intersexuality is the state of a living thing of a gonochoristic species whose sex chromosomes, genitalia, and/or secondary sex characteristics are determined to be neither exclusively male nor female.

Ultimately, we are of the view that where the person is biologically or naturally intersex the determining factor in his gender classification would be what the individual, like respondent, having reached the age of majority, with good reason thinks of his/her sex. Respondent 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. It is at maturity that the gender of such persons, like respondent, is fixed.

As for respondents change of name under Rule 103, this Court has held that a change of name is not a matter of right but of judicial discretion, to be exercised in the light of the reasons adduced and the consequences that will follow. The trial courts grant of respondents change of name from Jennifer to Jeff implies a change of a feminine name to a masculine name. Considering the consequence that respondents change of name merely recognizes his preferred gender, we find merit in respondents change of name. Such a change will conform with the change of the entry in his birth certificate from female to male.

WHEREFORE, the Republics petition is DENIED. The decision of the RTC is AFFIRMED.