PHILIPPINE JURISPRUDENCE – FULL TEXT

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G.R. No. xgrno September xdate, 2008
xcite

Republic of the Philippines

SUPREME COURT
Manila

SECOND DIVISION

REPUBLIC OF THE PHILIPPINES, G.R. No. 166676

Petitioner, Present:

- versus - Quisumbing, J., Chairperson,

JENNIFER B. CAGANDAHAN, Carpio Morales,

Respondent. Tinga,

VELASCO, JR., and

BRION, JJ.

Promulgated:

September 12, 2008

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DECISION

QUISUMBING, J.:

This is a petition for review under Rule 45 of the Rules of

Court raising purely questions of law and seeking a
reversal of the Decision[1] dated January 12, 2005 of the
Regional Trial Court (RTC), Branch 33 of Siniloan,
Laguna, which granted the Petition for Correction of
Entries in Birth Certificate filed by Jennifer B.
Cagandahan and ordered the following changes of entries
in Cagandahan’s birth certificate: (1) the name "Jennifer
Cagandahan" changed to "Jeff Cagandahan" and (2)
gender from "female" to "male."
The facts are as follows.

On December 11, 2003, respondent Jennifer Cagandahan

filed a Petition for Correction of Entries in Birth
Certificate2 before the RTC, Branch 33 of Siniloan,
Laguna.

In her petition, she alleged that she was born on January

13, 1981 and 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. She further alleged that she was diagnosed
to have clitoral hyperthropy in her early years and at age
six, 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. 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 petition was published in a newspaper of general

circulation for three (3) consecutive weeks and was posted
in conspicuous places by the sheriff of the court. The
Solicitor General entered his appearance and authorized
the Assistant Provincial Prosecutor to appear in his behalf.

To prove her claim, respondent testified and presented the

testimony of Dr. Michael Sionzon of the Department of
Psychiatry, University of the Philippines-Philippine
General Hospital. Dr. Sionzon issued a medical certificate
stating that respondent’s condition is known as CAH. He
explained that genetically respondent is female but because
her body secretes male hormones, her female organs did
not develop normally and she has two sex organs – female
and male. He testified that this condition is very rare, that
respondent’s uterus is not fully developed because of lack
of female hormones, and that she has no monthly period.
He further testified that respondent’s condition is
permanent and recommended the change of gender
because respondent has made up her mind, adjusted to her
chosen role as male, and the gender change would be
advantageous to her.

The RTC granted respondent’s petition in a Decision dated

January 12, 2005 which reads:

The Court is convinced that petitioner has satisfactorily

shown that he is entitled to the reliefs prayed [for].
Petitioner has adequately presented to the Court very clear
and convincing proofs for the granting of his petition. It
was medically proven that petitioner’s 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.

WHEREFORE, premises considered, the Civil Register of

Pakil, Laguna is hereby ordered to make the following
corrections in the birth [c]ertificate of Jennifer
Cagandahan upon payment of the prescribed fees:

a) By changing the name from Jennifer Cagandahan to

JEFF CAGANDAHAN; and

b) By changing the gender from female to MALE.

It is likewise ordered that petitioner’s school records,

voter’s registry, baptismal certificate, and other pertinent
records are hereby amended to conform with the foregoing
corrected data.

SO ORDERED.[3]

Thus, this petition by the Office of the Solicitor General

(OSG) seeking a reversal of the abovementioned ruling.

The issues raised by petitioner are:

THE TRIAL COURT ERRED IN GRANTING THE

PETITION CONSIDERING THAT:

I.
THE REQUIREMENTS OF RULES 103 AND 108 OF
THE RULES OF COURT HAVE NOT BEEN
COMPLIED WITH; AND,

II.

CORRECTION OF ENTRY UNDER RULE 108 DOES

NOT ALLOW CHANGE OF "SEX" OR "GENDER" IN
THE BIRTH CERTIFICATE, WHILE RESPONDENT’S
MEDICAL CONDITION, i.e., CONGENITAL ADRENAL
HYPERPLASIA DOES NOT MAKE HER A "MALE."4

Simply stated, the issue is 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.

The OSG contends that the petition below is fatally

defective for non-compliance with Rules 103 and 108 of the
Rules of Court because while the local civil registrar is an
indispensable party in a petition for cancellation or
correction of entries under Section 3, Rule 108 of the Rules
of Court, respondent’s petition before the court a quo did
not implead the local civil registrar.5 The OSG further
contends respondent’s petition is fatally defective since it
failed to state that respondent is a bona fide resident of the
province where the petition was filed for at least three (3)
years prior to the date of such filing as mandated under
Section 2(b), Rule 103 of the Rules of Court.6 The OSG
argues that Rule 108 does not allow change of sex or
gender in the birth certificate and respondent’s claimed
medical condition known as CAH does not make her a
male.7

On the other hand, respondent counters that although the

Local Civil Registrar of Pakil, Laguna was not formally
named a party in the Petition for Correction of Birth
Certificate, nonetheless the Local Civil Registrar was
furnished a copy of the Petition, the Order to publish on
December 16, 2003 and all pleadings, orders or processes
in the course of the proceedings,8 respondent is actually a
male person and hence his birth certificate has to be
corrected to reflect his true sex/gender,9 change of sex or
gender is allowed under Rule 108,10 and respondent
substantially complied with the requirements of Rules 103
and 108 of the Rules of Court.11

Rules 103 and 108 of the Rules of Court provide:

Rule 103

CHANGE OF NAME

Section 1. Venue. – A person desiring to change his name

shall present the petition to the Regional Trial Court of the
province in which he resides, [or, in the City of Manila, to
the Juvenile and Domestic Relations Court].

Sec. 2. Contents of petition. – A petition for change of

name shall be signed and verified by the person desiring
his name changed, or some other person on his behalf, and
shall set forth:

(a) That the petitioner has been a bona fide resident of the
province where the petition is filed for at least three (3)
years prior to the date of such filing;

(b) The cause for which the change of the petitioner's name
is sought;

(c) The name asked for.

Sec. 3. Order for hearing. – If the petition filed is sufficient

in form and substance, the court, by an order reciting the
purpose of the petition, shall fix a date and place for the
hearing thereof, and shall direct that a copy of the order be
published before the hearing at least once a week for three
(3) successive weeks in some newspaper of general
circulation published in the province, as the court shall
deem best. The date set for the hearing shall not be within
thirty (30) days prior to an election nor within four (4)
months after the last publication of the notice.

Sec. 4. Hearing. – Any interested person may appear at the

hearing and oppose the petition. The Solicitor General or
the proper provincial or city fiscal shall appear on behalf
of the Government of the Republic.

Sec. 5. Judgment. – Upon satisfactory proof in open court

on the date fixed in the order that such order has been
published as directed and that the allegations of the
petition are true, the court shall, if proper and reasonable
cause appears for changing the name of the petitioner,
adjudge that such name be changed in accordance with the
prayer of the petition.

Sec. 6. Service of judgment. – Judgments or orders

rendered in connection with this rule shall be furnished the
civil registrar of the municipality or city where the court
issuing the same is situated, who shall forthwith enter the
same in the civil register.

Rule 108

CANCELLATION OR CORRECTION OF ENTRIES

IN THE CIVIL REGISTRY

Section 1. Who may file petition. – Any person interested

in any act, event, order or decree concerning the civil
status of persons which has been recorded in the civil
register, may file a verified petition for the cancellation or
correction of any entry relating thereto, with the Regional
Trial Court of the province where the corresponding civil
registry is located.
Sec. 2. Entries subject to cancellation or correction. – Upon
good and valid grounds, the following entries in the civil
register may be cancelled or corrected: (a) births; (b)
marriages; (c) deaths; (d) legal separations; (e) judgments
of annulments of marriage; (f) judgments declaring
marriages void from the beginning; (g) legitimations; (h)
adoptions; (i) acknowledgments of natural children; (j)
naturalization; (k) election, loss or recovery of citizenship;
(l) civil interdiction; (m) judicial determination of filiation;
(n) voluntary emancipation of a minor; and (o) changes of
name.

Sec. 3. Parties. – When cancellation or correction of an

entry in the civil register is sought, the civil registrar and
all persons who have or claim any interest which would be
affected thereby shall be made parties to the proceeding.

Sec. 4. Notice and publication. – Upon the filing of the

petition, the court shall, by an order, fix the time and place
for the hearing of the same, and cause reasonable notice
thereof to be given to the persons named in the petition.
The court shall also cause the order to be published once a
week for three (3) consecutive weeks in a newspaper of
general circulation in the province.

Sec. 5. Opposition. – The civil registrar and any person

having or claiming any interest under the entry whose
cancellation or correction is sought may, within fifteen (15)
days from notice of the petition, or from the last date of
publication of such notice, file his opposition thereto.

Sec. 6. Expediting proceedings. – The court in which the

proceedings is brought may make orders expediting the
proceedings, and may also grant preliminary injunction
for the preservation of the rights of the parties pending
such proceedings.

Sec. 7. Order. – After hearing, the court may either dismiss

the petition or issue an order granting the cancellation or
correction prayed for. In either case, a certified copy of the
judgment shall be served upon the civil registrar
concerned who shall annotate the same in his record.

The OSG argues that the petition below is fatally defective

for non-compliance with Rules 103 and 108 of the Rules of
Court because respondent’s petition did not implead the
local civil registrar. Section 3, Rule 108 provides that the
civil registrar and all persons who have or claim any
interest which would be affected thereby shall be made
parties to the proceedings. Likewise, the local civil
registrar is required to be made a party in a proceeding for
the correction of name in the civil registry. He is an
indispensable party without whom no final determination
of the case can be had.[12] Unless all possible indispensable
parties were duly notified of the proceedings, the same
shall be considered as falling much too short of the
requirements of the rules.13 The corresponding petition
should also implead as respondents the civil registrar and
all other persons who may have or may claim to have any
interest that would be affected thereby.14 Respondent,
however, invokes Section 6,[15] Rule 1 of the Rules of
Court which states that courts shall construe the Rules
liberally to promote their objectives of securing to the
parties a just, speedy and inexpensive disposition of the
matters brought before it. We agree that there is
substantial compliance with Rule 108 when respondent
furnished a copy of the petition to the local civil registrar.

The determination of a person’s sex appearing in his birth

certificate is a legal issue and the court must look to the
statutes. In this connection, Article 412 of the Civil Code
provides:

ART. 412. No entry in a civil register shall be changed or

corrected without a judicial order.

Together with Article 376[16] of the Civil Code, this

provision was amended by Republic Act No. 9048[17] in so
far as clerical or typographical errors are involved. The
correction or change of such matters can now be made
through administrative proceedings and without the need
for a judicial order. In effect, Rep. Act No. 9048 removed
from the ambit of Rule 108 of the Rules of Court the
correction of such errors. Rule 108 now applies only to
substantial changes and corrections in entries in the civil
register.18
Under Rep. Act No. 9048, a correction in the civil registry
involving the change of sex is not a mere clerical or
typographical error. It is a substantial change for which
the applicable procedure is Rule 108 of the Rules of
Court.19

The entries envisaged in Article 412 of the Civil Code and

correctable under Rule 108 of the Rules of Court are those
provided in Articles 407 and 408 of the Civil Code:

ART. 407. Acts, events and judicial decrees concerning the

civil status of persons shall be recorded in the civil register.

ART. 408. The following shall be entered in the civil

register:

(1) Births; (2) marriages; (3) deaths; (4) legal separations;

(5) annulments of marriage; (6) judgments declaring
marriages void from the beginning; (7) legitimations; (8)
adoptions; (9) acknowledgments of natural children; (10)
naturalization; (11) loss, or (12) recovery of citizenship;
(13) civil interdiction; (14) judicial determination of
filiation; (15) voluntary emancipation of a minor; and (16)
changes of name.

The acts, events or factual errors contemplated under

Article 407 of the Civil Code include even those that occur
after birth.20
Respondent undisputedly has CAH. This condition causes
the early or "inappropriate" appearance of male
characteristics. A person, like respondent, with this
condition produces too much androgen, a male hormone. A
newborn who has XX chromosomes coupled with CAH
usually has a (1) swollen clitoris with the urethral opening
at the base, an ambiguous genitalia often appearing more
male than female; (2) normal internal structures of the
female reproductive tract such as the ovaries, uterus and
fallopian tubes; as the child grows older, some features
start to appear male, such as deepening of the voice, facial
hair, and failure to menstruate at puberty. About 1 in
10,000 to 18,000 children are born with CAH.

CAH is one of many conditions[21] that involve intersex

anatomy. During the twentieth century, medicine adopted
the term "intersexuality" to apply to human beings who
cannot be classified as either male or female.[22] The term
is now of widespread use. According to Wikipedia,
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. An organism with
intersex may have biological characteristics of both male
and female sexes."

Intersex individuals are treated in different ways by

different cultures. In most societies, intersex individuals
have been expected to conform to either a male or female
gender role.[23] Since the rise of modern medical science in
Western societies, some intersex people with ambiguous
external genitalia have had their genitalia surgically
modified to resemble either male or female genitals.[24]
More commonly, an intersex individual is considered as
suffering from a "disorder" which is almost always
recommended to be treated, whether by surgery and/or by
taking lifetime medication in order to mold the individual
as neatly as possible into the category of either male or
female.

In deciding this case, we consider the compassionate calls

for recognition of the various degrees of intersex as
variations which should not be subject to outright denial.
"It has been suggested that there is some middle ground
between the sexes, a ‘no-man’s land’ for those individuals
who are neither truly ‘male’ nor truly ‘female’."[25] The
current state of Philippine statutes apparently compels that
a person be classified either as a male or as a female, but
this Court is not controlled by mere appearances when
nature itself fundamentally negates such rigid
classification.

In the instant case, if we determine respondent to be a

female, then there is no basis for a change in the birth
certificate entry for gender. But if we determine, based on
medical testimony and scientific development showing the
respondent to be other than female, then a change in the
subject’s birth certificate entry is in order.

Biologically, nature endowed respondent with a mixed

(neither consistently and categorically female nor
consistently and categorically male) composition.
Respondent has female (XX) chromosomes. However,
respondent’s body system naturally produces high levels of
male hormones (androgen). As a result, respondent has
ambiguous genitalia and the phenotypic features of a male.

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.

Respondent here has simply let nature take its course and
has not taken unnatural steps to arrest or interfere with
what he was born with. And accordingly, he has already
ordered his life to that of a male. Respondent could have
undergone treatment and taken steps, like taking lifelong
medication,[26] to force his body into the categorical mold
of a female but he did not. He chose not to do so. Nature
has instead taken its due course in respondent’s
development to reveal more fully his male characteristics.

In the absence of a law on the matter, the Court will not

dictate on respondent concerning a matter so innately
private as one’s sexuality and lifestyle preferences, much
less on whether or not to undergo medical treatment to
reverse the male tendency due to CAH. The Court will not
consider respondent as having erred in not choosing to
undergo treatment in order to become or remain as a
female. Neither will the Court force respondent to undergo
treatment and to take medication in order to fit the mold
of a female, as society commonly currently knows this
gender of the human species. Respondent is the one who
has to live with his intersex anatomy. To him belongs the
human right to the pursuit of happiness and of health.
Thus, to him should belong the primordial choice of what
courses of action to take along the path of his sexual
development and maturation. In the absence of evidence
that respondent is an "incompetent"[27] and in the
absence of evidence to show that classifying respondent as
a male will harm other members of society who are equally
entitled to protection under the law, the Court affirms as
valid and justified the respondent’s position and his
personal judgment of being a male.

In so ruling we do no more than give respect to (1) the

diversity of nature; and (2) how an individual deals with
what nature has handed out. In other words, we respect
respondent’s congenital condition and his mature decision
to be a male. Life is already difficult for the ordinary
person. We cannot but respect how respondent deals with
his unordinary state and thus help make his life easier,
considering the unique circumstances in this case.

As for respondent’s 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.[28] The trial court’s grant of respondent’s change
of name from Jennifer to Jeff implies a change of a
feminine name to a masculine name. Considering the
consequence that respondent’s change of name merely
recognizes his preferred gender, we find merit in
respondent’s change of name. Such a change will conform
with the change of the entry in his birth certificate from
female to male.

WHEREFORE, the Republic’s petition is DENIED. The

Decision dated January 12, 2005 of the Regional Trial
Court, Branch 33 of Siniloan, Laguna, is AFFIRMED. No
pronouncement as to costs.

SO ORDERED.
LEONARDO A. QUISUMBING

Associate Justice
 WE CONCUR:
CONCHITA CARPIO MORALES

Associate Justice
DANTE O. TINGA PRESBITERO J. VELASCO, JR.

Associate Justice Associate Justice

ARTURO D. BRION

Associate Justice

ATTESTATION

I attest that the conclusions in the above Decision had been

reached in consultation before the case was assigned to the
writer of the opinion of the Court’s Division.
LEONARDO A. QUISUMBING

Associate Justice

Chairperson

CERTIFICATION

Pursuant to Section 13, Article VIII of the Constitution,

and the Division Chairperson’s Attestation, I certify that
the conclusions in the above Decision had been reached in
consultation before the case was assigned to the writer of
the opinion of the Court’s Division.
REYNATO S. PUNO

Chief Justice

1 Rollo, pp. 29-32. Penned by Judge Florenio P. Bueser.

2 Id. at 33-37.

3 Id. at 31-32.
4 Id. at 97.
5 Id. at 99.

6 Id. at 103.
7 Id. at 104.
8 Id. at 136.

9 Id. at 127.

10 Id. at 134.
11 Id. at 136.

12 Republicv. Court of Appeals, G.R. No. 103695, March 15,

1996, 255 SCRA 99, 106.

13Ceruila v. Delantar, G.R. No. 140305, December 9, 2005,

477 SCRA 134, 147.

14 Republic v. Benemerito, G.R. No. 146963, March 15,

2004, 425 SCRA 488, 492.
15 SEC. 6. Construction.- These Rules shall be liberally
construed in order to promote their objective of securing a
just, speedy and inexpensive disposition of every action
and proceeding.

16 Art. 376. No person can change his name or surname

without judicial authority.

17 An Act Authorizing the City or Municipal Civil

Registrar or the Consul General to Correct a Clerical or
Typographical Error in an Entry and/or Change of First
Name or Nickname in the Civil Registrar Without Need of
a Judicial Order, Amending for this Purpose Articles 376
and 412 of the Civil Code of the Philippines. Approved,
March 22, 2001.

18Silverio v. Republic of the Philippines, G.R. No. 174689,

October 19, 2007, 537 SCRA 373, 388.

19 Id. at 389.
20 Id. at 389.
21 (1) 5-alpha reductase deficiency; (2) androgen
insensitivity syndrome; (3) aphallia; (4) clitoromegaly; (5)
congenital adrenal hyperplasia; (6) gonadal dysgenesis
(partial & complete); (7) hypospadias; (8) Kallmann
syndrome; (9) Klinefelter syndrome; (10) micropenis; (11)
mosaicism involving sex chromosomes; (12) MRKH
(mullerian agenesis; vaginal agenesis; congenital absence
of vagina); (13) ovo-testes (formerly called "true
hermaphroditism"); (14) partial androgen insensitivity
syndrome; (15) progestin induced virilization; (16) Swyer
syndrome; (17) Turner syndrome. [Intersexuality
<http://en.wikipedia.org/wiki/Intersexual> (visited August
15, 2008).]

22 Intersexuality
<http://en.wikipedia.org/wiki/Intersexual> (visited August
15, 2008).

23 Intersexuality
<http://en.wikipedia.org/wiki/Intersexual> (visited August
15, 2008), citing Gagnon and Simon 1973.

24 Intersexuality
<http://en.wikipedia.org/wiki/Intersexual> (visited August
15, 2008).
25 M.T. v. J.T. 140 N.J. Super 77 355 A. 2d 204.

26 The goal of treatment is to return hormone levels to

normal. This is done by taking a form of cortisol
(dexamethasone), fludrocortisone, or hydrocortisone)
every day. Additional doses of medicine are needed during
times of stress, such as severe illness or surgery.

xxxx
Parents of children with congenital adrenal hyperplasia
should be aware of the side effects of steroid therapy. They
should report signs of infection and stress to their health
care provider because increases in medication may be
required. In additional, steroid medications cannot be
stopped suddenly, or adrenal insufficiency will result.

xxxx

The outcome is usually associated with good health, but

short stature may result even with treatment. Males have
normal fertility. Females may have a smaller opening of
the vagina and lower fertility. Medication to treat this
disorder must be continued for life. (Congenital Adrenal
Hyperplasia
<http://www.nlm.nih.gov/medlineplus/encyclopedia.html>.)
27 The word "incompetent" includes persons suffering the
penalty of civil interdiction or who are hospitalized lepers,
prodigals, deaf and dumb who are unable to read and
write, those who are of unsound mind, even though they
have lucid intervals, and persons not being of unsound
mind, but by reason of age, disease, weak mind, and other
similar causes, cannot, without outside aid, take care of
themselves and manage their property, becoming thereby
an easy prey for deceit and exploitation. (See Sec. 2 of Rule
92 of the Rules of Court)
28 Yu v. Republic of the Philippines, 123 Phil. 1106, 1110
(1966).

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