PAGULAYAN, PAGULAY AN, GIONICO L. Special Proceedings
“PURSUIT
OF HAPINESS”
What is prsit o! happiness" #an$ de%ne Prsit o! happiness as the !nda&ental right to !reel$ prse a 'o$!l li!e and to li(e a li!e in )a$ that it &a*es $o happ$. +o)e(er, is this !nda&ental right asolte" O! corse in all +&an rights there is al)a$s an e-ception, in )hich sch a h&an right ends ends )hen )hen it )ill )ill pre' pre'dic dice e the right o! others others.. here here!or !ore, e, the prsit prsit o! happiness, or the prsit to a happ$ li!e is al)a$s s'ect to the li&itation )here$ the right to prse a happ$ li!e ends i! it )ill pre'dice the right o! others. In other )ords this right is not asolte !or it ends )hen it )ill case in'stice or n!airness to others. In the contr contro(e o(ersi rsial al case case o! Sil(er Sil(erio io (s (s.. /epli eplic c and /epli eplic c (s. Cagandahan, the Spre&e Cort in!ers its rling to the Prsit o! happiness. 0oth cases deal )ith the change o! se-al stats. +o)e(er, in the case o! Sil(er Sil(erio io the Spre Spre&e &e Cort Cort denied denied the petiti petition on o! Sil(er Sil(erio io to change change his stats !ro& &ale to !e&ale, )hile in the case o! Cagandahan, the Cort grants his petition to change her stats !ro& !e&ale to &ale. he cort in the Sil(erio case did not consider Sil(erio1s right to prse a li!e o! happiness, )hil )hile e in the the Cagan Caganda daha han n case case,, the the cor cortt so&e so&eho ho) ) ase ase its its deci decisi sion on to Cagandahan1s prsit o! happiness. +ence, ase !ro& the !orgoing, it can e glea&ed that there is contro(ers$ )ith regard to the prsit o! happiness o! a &an and a )o&en to his se- pre!erence. pre!erence.
In the Sil(erio case, Sil(erio ndergo se- reassign&ent srger$ )hich is the asis o! his petition to change his se- !ro& &ale to !e&ale. It is onl$ proper !or the Cort to dis&iss his petition. Yes, Sil(erio in his prsit o! happiness has the right to change his se- stats or pre!erence, ho)e(er $ re)arding sch right to hi& nder the conte-t o! Philippine 'risdiction, sch )ill reslt to the desecration o! the plic polic$, plic &oralit$ and religios elie! o! the 2ilipinos, in )hich it is so&eho) a taoo to declare a &an as a )o&en asing onl$ on his se- reassign&ent. It is !act that in toda$1s generation se- reassign&ent is not that asoltel$ accepted !or it )ill contradict the plic polic$ and &oralit$ as )ell as religios elie!. On one hand, in the case o! Cagandahan, her petition )as solel$ ased on the !act that she )as diagnosed to ha(e Congenital Adrenal +$perplasia )hich is a condition )here a person is a3icted to possess oth &ale and !e&ale characteristics. #oreo(er, there also is a clear indication that Cagandahan is &ore o! a &an that a )o&an. +ence, it is onl$ right !or the cort to grant her petition on the grond o! prsit o! happiness. o declare Cagandahan as &ale in this case is a part o! his right to prsit o! happiness ecase there is reall$ a &ista*e in the entr$ o! his child irth. In declaring Cagandahan as &ale, sch )ill reslt on part o! Cagandahan to ha(e a happ$ li!e, )herein he )ill not e &ista*en to e a !e&ale. I concr )ith the decision o! the Spre&e Cort in these t)o cases, !or there is ig di4erence in the !acts o! the t)o cases, in )hich the in!erence to the prsit o! happiness cannot e applied to oth cases. he right o! prsit
happiness is al)a$s s'ecti(e, and its application )ill depend on the circ&stances. #oreo(er, one1s right to se- pre!erence is part o! the !nda&ental right o! prsit o! happiness. +o)e(er, sch right is al)a$s s'ect to li&itation !or there is no sch thing as asolte right.
