Republic vs. Cagandahan GR. No. 166676, September 12, 200
!"C#S$
%enni&er Cagandahan 'as registered as a &emale in her Certi&icate o& (ive )irth. *uring her childhood childhood +ears, she su&&ered su&&ered &rom clitoral h+pertroph+ and 'as later on diagnosed that her ovarian structures had minimied. She li-e'ise li-e'ise has no breast nor menstruation. Subseuentl+, Subseuentl+, she 'as diagnosed o& having Congenital "drenal "drenal /+perplasia C"/, a condition 'here those a&&licted possess secondar+ male characteristics because o& too much much secretion o& male male hormones, androgen. androgen. "ccording "ccording to her, &or all interests and appearances as 'ell as in mind and emotion, she has become a male person. person. She &iled a petition at R#C R#C (aguna &or Correction o& ntries in her )irth Certi&icate such that her gender or se3 be changed to male male and her &irst name name be changed to %e&&.
4SS5$ N correction o& entries in her birth certi&icate should be granted.
/(*$
#he Court considered the compassionate calls &or recognition o& the various degrees o& interse3 as variations 'hich should not be sub8ect to outright denial. SC is o& the vie' vie' that 'here the person is biologicall+ biologicall+
or naturall+ interse3 the determining &actor in his gender classi&ication 'ould be 'hat the individual, having reached the age o& ma8orit+, 'ith good reason thin-s o& his9her se3. "s in this case, respondent, thin-s o& himsel& as a male and considering that his bod+ produces high levels o& male hormones, there is preponderant biological support &or considering him as being a male. Se3ual development in cases o& interse3 persons ma-es the gender classi&ication at birth inconclusive. 4t is at maturit+ that the gender o& such persons, li-e respondent, is &i3ed.
!ull te3t
SCN* *4:4S4N R;5)(4C ! #/ ;/4(4;;4NS, ;etitioner, < versus < %NN4!R ). C"G"N*"/"N, Respondent. G.R. No. 166676
;resent$
=54S5>)4NG, %., Chairperson, C"R;4 >R"(S, #4NG", :("SC, %R., and )R4N, %%.
;romulgated$
September 12, 200
3< < < < < < < < < < < < < < < < < < < < < < < < < < < < < < < < < < < < < < < < < < < < < < < < < < <3 *C4S4N =54S5>)4NG, %.$ #his is a petition &or revie' under Rule ?@ o& the Rules o& Court raising purel+ uestions o& la' and see-ing a reversal o& the *ecisionA1B dated %anuar+ 12, 200@ o& the Regional #rial Court R#C, )ranch o& Siniloan, (aguna, 'hich granted the ;etition &or Correction o& ntries in )irth Certi&icate &iled b+ %enni&er ). Cagandahan and ordered the &ollo'ing changes o& entries in Cagandahans birth certi&icate$ 1 the name %enni&er Cagandahan changed to %e&& Cagandahan and 2 gender &rom &emale to male. #he &acts are as &ollo's. n *ecember 11, 200, respondent %enni&er Cagandahan &iled a ;etition &or Correction o& ntries in )irth Certi&icateA2B be&ore the R#C, )ranch o& Siniloan, (aguna. 4n her petition, she alleged that she 'as born on %anuar+ 1, 1D1 and 'as registered as a &emale in the Certi&icate o& (ive )irth but 'hile gro'ing up, she developed secondar+ male characteristics and 'as diagnosed to have Congenital "drenal /+perplasia C"/ 'hich is a condition 'here persons thus a&&licted possess both male and &emale characteristics. She &urther alleged that she 'as diagnosed to have clitoral h+perthrop+ in her earl+ +ears and at age si3, under'ent an ultrasound 'here it 'as discovered that she has small ovaries. "t age
thirteen, tests revealed that her ovarian structures had minimied, she has stopped gro'ing and she has no breast or menstrual development. She then alleged that &or all interests and appearances as 'ell as in mind and emotion, she has become a male person. #hus, she pra+ed that her birth certi&icate be corrected such that her gender be changed &rom &emale to male and her &irst name be changed &rom %enni&er to %e&&. #he petition 'as published in a ne'spaper o& general circulation &or three consecutive 'ee-s and 'as posted in conspicuous places b+ the sheri&& o& the court. #he Solicitor General entered his appearance and authoried the "ssistant ;rovincial ;rosecutor to appear in his behal&. #o prove her claim, respondent testi&ied and presented the testimon+ o& *r. >ichael Sionon o& the *epartment o& ;s+chiatr+, 5niversit+ o& the ;hilippines<;hilippine General /ospital. *r. Sionon issued a medical certi&icate stating that respondents condition is -no'n as C"/. /e e3plained that geneticall+ respondent is &emale but because her bod+ secretes male hormones, her &emale organs did not develop normall+ and she has t'o se3 organs &emale and male. /e testi&ied that this condition is ver+ rare, that respondents uterus is not &ull+ developed because o& lac- o& &emale hormones, and that she has no monthl+ period. /e &urther testi&ied that respondents condition is permanent and recommended the change o& gender because respondent has made up her mind, ad8usted to her chosen role as male, and the gender change 'ould be advantageous to her. #he R#C granted respondents petition in a *ecision dated %anuar+ 12, 200@ 'hich reads$ #he Court is convinced that petitioner has satis&actoril+ sho'n that he is entitled to the relie&s pra+ed A&orB. ;etitioner has adeuatel+ presented to the Court ver+ clear and convincing proo&s &or the granting o& his
petition. 4t 'as medicall+ proven that petitioners bod+ produces male hormones, and &irst his bod+ as 'ell as his action and &eelings are that o& a male. /e has chosen to be male. /e is a normal person and 'ants to be ac-no'ledged and identi&ied as a male. /R!R, premises considered, the Civil Register o& ;a-il, (aguna is hereb+ ordered to ma-e the &ollo'ing corrections in the birth AcBerti&icate o& %enni&er Cagandahan upon pa+ment o& the prescribed &ees$ a )+ changing the name &rom %enni&er Cagandahan to %!! C"G"N*"/"NE and b
)+ changing the gender &rom &emale to >"(.
4t is li-e'ise ordered that petitioners school records, voters registr+, baptismal certi&icate, and other pertinent records are hereb+ amended to con&orm 'ith the &oregoing corrected data. S R*R*.AB #hus, this petition b+ the &&ice o& the Solicitor General SG see-ing a reversal o& the abovementioned ruling. #he issues raised b+ petitioner are$ #/ #R4"( C5R# RR* 4N GR"N#4NG #/ ;#4#4N CNS4*R4NG #/"#$ 4. #/ R=54R>N#S ! R5(S 10 "N* 10 ! #/ R5(S ! C5R# /": N# )N C>;(4* 4#/E "N*, 44.
CRRC#4N ! N#RF 5N*R R5( 10 *S N# "(( C/"NG ! S R GN*R 4N #/ )4R#/ CR#4!4C"#, /4( RS;N*N#S >*4C"( CN*4#4N, i.e., CNGN4#"( "*RN"( /F;R;("S4" *S N# >"H /R " >"(.A?B Simpl+ stated, the issue is 'hether the trial court erred in ordering the correction o& entries in the birth certi&icate o& respondent to change her se3 or gender, &rom &emale to male, on the ground o& her medical condition -no'n as C"/, and her name &rom %enni&er to %e&&, under Rules 10 and 10 o& the Rules o& Court. #he SG contends that the petition belo' is &atall+ de&ective &or non< compliance 'ith Rules 10 and 10 o& the Rules o& Court because 'hile the local civil registrar is an indispensable part+ in a petition &or cancellation or correction o& entries under Section , Rule 10 o& the Rules o& Court, respondents petition be&ore the court a uo did not implead the local civil registrar.A@B #he SG &urther contends respondents petition is &atall+ de&ective since it &ailed to state that respondent is a bona &ide resident o& the province 'here the petition 'as &iled &or at least three +ears prior to the date o& such &iling as mandated under Section 2b, Rule 10 o& the Rules o& Court.A6B #he SG argues that Rule 10 does not allo' change o& se3 or gender in the birth certi&icate and respondents claimed medical condition -no'n as C"/ does not ma-e her a male.A7B n the other hand, respondent counters that although the (ocal Civil Registrar o& ;a-il, (aguna 'as not &ormall+ named a part+ in the ;etition &or Correction o& )irth Certi&icate, nonetheless the (ocal Civil Registrar 'as &urnished a cop+ o& the ;etition, the rder to publish on *ecember 16, 200 and all pleadings, orders or processes in the course o& the proceedings,AB respondent is actuall+ a male person and hence
his birth certi&icate has to be corrected to re&lect his true se39gender,ADB change o& se3 or gender is allo'ed under Rule 10,A10B and respondent substantiall+ complied 'ith the reuirements o& Rules 10 and 10 o& the Rules o& Court.A11B Rules 10 and 10 o& the Rules o& Court provide$
Rule 10 C/"NG ! N"> SC#4N 1. :enue. " person desiring to change his name shall present the petition to the Regional #rial Court o& the province in 'hich he resides, Aor, in the Cit+ o& >anila, to the %uvenile and *omestic Relations CourtB. SC. 2. Contents o& petition. " petition &or change o& name shall be signed and veri&ied b+ the person desiring his name changed, or some other person on his behal&, and shall set &orth$ a #hat the petitioner has been a bona &ide resident o& the province 'here the petition is &iled &or at least three +ears prior to the date o& such &ilingE b #he cause &or 'hich the change o& the petitionerIs name is soughtE c #he name as-ed &or. SC. . rder &or hearing. 4& the petition &iled is su&&icient in &orm and substance, the court, b+ an order reciting the purpose o& the petition, shall &i3 a date and place &or the hearing thereo&, and shall direct that a cop+ o& the order be published be&ore the hearing at least once a 'ee&or three successive 'ee-s in some ne'spaper o& general circulation published in the province, as the court shall deem best. #he date set &or
the hearing shall not be 'ithin thirt+ 0 da+s prior to an election nor 'ithin &our ? months a&ter the last publication o& the notice. SC. ?. /earing. "n+ interested person ma+ appear at the hearing and oppose the petition. #he Solicitor General or the proper provincial or cit+ &iscal shall appear on behal& o& the Government o& the Republic. SC. @. %udgment. 5pon satis&actor+ proo& in open court on the date &i3ed in the order that such order has been published as directed and that the allegations o& the petition are true, the court shall, i& proper and reasonable cause appears &or changing the name o& the petitioner, ad8udge that such name be changed in accordance 'ith the pra+er o& the petition. SC. 6. Service o& 8udgment. %udgments or orders rendered in connection 'ith this rule shall be &urnished the civil registrar o& the municipalit+ or cit+ 'here the court issuing the same is situated, 'ho shall &orth'ith enter the same in the civil register. Rule 10 C"NC(("#4N R CRRC#4N ! N#R4S 4N #/ C4:4( RG4S#RF SC#4N 1. ho ma+ &ile petition. "n+ person interested in an+ act, event, order or decree concerning the civil status o& persons 'hich has been recorded in the civil register, ma+ &ile a veri&ied petition &or the cancellation or correction o& an+ entr+ relating thereto, 'ith the Regional #rial Court o& the province 'here the corresponding civil registr+ is located. SC. 2. ntries sub8ect to cancellation or correction. 5pon good and valid grounds, the &ollo'ing entries in the civil register ma+ be cancelled
or corrected$ a birthsE b marriagesE c deathsE d legal separationsE e 8udgments o& annulments o& marriageE & 8udgments declaring marriages void &rom the beginningE g legitimationsE h adoptionsE i ac-no'ledgments o& natural childrenE 8 naturaliationE - election, loss or recover+ o& citienshipE l civil interdictionE m 8udicial determination o& &iliationE n voluntar+ emancipation o& a minorE and o changes o& name. SC. . ;arties. hen cancellation or correction o& an entr+ in the civil register is sought, the civil registrar and all persons 'ho have or claim an+ interest 'hich 'ould be a&&ected thereb+ shall be made parties to the proceeding. SC. ?. Notice and publication. 5pon the &iling o& the petition, the court shall, b+ an order, &i3 the time and place &or the hearing o& the same, and cause reasonable notice thereo& to be given to the persons named in the petition. #he court shall also cause the order to be published once a 'ee- &or three consecutive 'ee-s in a ne'spaper o& general circulation in the province. SC. @. pposition. #he civil registrar and an+ person having or claiming an+ interest under the entr+ 'hose cancellation or correction is sought ma+, 'ithin &i&teen 1@ da+s &rom notice o& the petition, or &rom the last date o& publication o& such notice, &ile his opposition thereto. SC. 6. 3pediting proceedings. #he court in 'hich the proceedings is brought ma+ ma-e orders e3pediting the proceedings, and ma+ also grant preliminar+ in8unction &or the preservation o& the rights o& the parties pending such proceedings. SC. 7. rder. "&ter hearing, the court ma+ either dismiss the petition or issue an order granting the cancellation or correction pra+ed &or. 4n
either case, a certi&ied cop+ o& the 8udgment shall be served upon the civil registrar concerned 'ho shall annotate the same in his record. #he SG argues that the petition belo' is &atall+ de&ective &or non< compliance 'ith Rules 10 and 10 o& the Rules o& Court because respondents petition did not implead the local civil registrar. Section , Rule 10 provides that the civil registrar and all persons 'ho have or claim an+ interest 'hich 'ould be a&&ected thereb+ shall be made parties to the proceedings. (i-e'ise, the local civil registrar is reuired to be made a part+ in a proceeding &or the correction o& name in the civil registr+. /e is an indispensable part+ 'ithout 'hom no &inal determination o& the case can be had.A12B 5nless all possible indispensable parties 'ere dul+ noti&ied o& the proceedings, the same shall be considered as &alling much too short o& the reuirements o& the rules.A1B #he corresponding petition should also implead as respondents the civil registrar and all other persons 'ho ma+ have or ma+ claim to have an+ interest that 'ould be a&&ected thereb+.A1?B Respondent, ho'ever, invo-es Section 6,A1@B Rule 1 o& the Rules o& Court 'hich states that courts shall construe the Rules liberall+ to promote their ob8ectives o& securing to the parties a 8ust, speed+ and ine3pensive disposition o& the matters brought be&ore it. e agree that there is substantial compliance 'ith Rule 10 'hen respondent &urnished a cop+ o& the petition to the local civil registrar. #he determination o& a persons se3 appearing in his birth certi&icate is a legal issue and the court must loo- to the statutes. 4n this connection, "rticle ?12 o& the Civil Code provides$
"R#. ?12. No entr+ in a civil register shall be changed or corrected 'ithout a 8udicial order.
#ogether 'ith "rticle 76A16B o& the Civil Code, this provision 'as amended b+ Republic "ct No. D0?A17B in so &ar as clerical or t+pographical errors are involved. #he correction or change o& such matters can no' be made through administrative proceedings and 'ithout the need &or a 8udicial order. 4n e&&ect, Rep. "ct No. D0? removed &rom the ambit o& Rule 10 o& the Rules o& Court the correction o& such errors. Rule 10 no' applies onl+ to substantial changes and corrections in entries in the civil register.A1B 5nder Rep. "ct No. D0?, a correction in the civil registr+ involving the change o& se3 is not a mere clerical or t+pographical error. 4t is a substantial change &or 'hich the applicable procedure is Rule 10 o& the Rules o& Court.A1DB #he entries envisaged in "rticle ?12 o& the Civil Code and correctable under Rule 10 o& the Rules o& Court are those provided in "rticles ?07 and ?0 o& the Civil Code$ "R#. ?07. "cts, events and 8udicial decrees concerning the civil status o& persons shall be recorded in the civil register.
"R#. ?0. #he &ollo'ing shall be entered in the civil register$
1 )irthsE 2 marriagesE deathsE ? legal separationsE @ annulments o& marriageE 6 8udgments declaring marriages void &rom the beginningE 7 legitimationsE adoptionsE D ac-no'ledgments o& natural childrenE 10 naturaliationE 11 loss, or 12 recover+ o& citienshipE 1 civil interdictionE 1? 8udicial determination o&
&iliationE 1@ voluntar+ emancipation o& a minorE and 16 changes o& name. #he acts, events or &actual errors contemplated under "rticle ?07 o& the Civil Code include even those that occur a&ter birth.A20B Respondent undisputedl+ has C"/. #his condition causes the earl+ or inappropriate appearance o& male characteristics. " person, li-e respondent, 'ith this condition produces too much androgen, a male hormone. " ne'born 'ho has chromosomes coupled 'ith C"/ usuall+ has a 1 s'ollen clitoris 'ith the urethral opening at the base, an ambiguous genitalia o&ten appearing more male than &emaleE 2 normal internal structures o& the &emale reproductive tract such as the ovaries, uterus and &allopian tubesE as the child gro's older, some &eatures start to appear male, such as deepening o& the voice, &acial hair, and &ailure to menstruate at pubert+. "bout 1 in 10,000 to 1,000 children are born 'ith C"/. C"/ is one o& man+ conditionsA21B that involve interse3 anatom+. *uring the t'entieth centur+, medicine adopted the term interse3ualit+ to appl+ to human beings 'ho cannot be classi&ied as either male or &emale.A22B #he term is no' o& 'idespread use. "ccording to i-ipedia, interse3ualit+ is the state o& a living thing o& a gonochoristic species 'hose se3 chromosomes, genitalia, and9or secondar+ se3 characteristics are determined to be neither e3clusivel+ male nor &emale. "n organism 'ith interse3 ma+ have biological characteristics o& both male and &emale se3es. 4nterse3 individuals are treated in di&&erent 'a+s b+ di&&erent cultures. 4n most societies, interse3 individuals have been e3pected to con&orm to either a male or &emale gender role.A2B Since the rise o& modern medical science in estern societies, some interse3 people 'ith
ambiguous e3ternal genitalia have had their genitalia surgicall+ modi&ied to resemble either male or &emale genitals.A2?B >ore commonl+, an interse3 individual is considered as su&&ering &rom a disorder 'hich is almost al'a+s recommended to be treated, 'hether b+ surger+ and9or b+ ta-ing li&etime medication in order to mold the individual as neatl+ as possible into the categor+ o& either male or &emale. 4n deciding this case, 'e consider the compassionate calls &or recognition o& the various degrees o& interse3 as variations 'hich should not be sub8ect to outright denial. 4t has been suggested that there is some middle ground bet'een the se3es, a no
'ould be 'hat the individual, li-e respondent, having reached the age o& ma8orit+, 'ith good reason thin-s o& his9her se3. Respondent here thin-s o& himsel& as a male and considering that his bod+ produces high levels o& male hormones androgen there is preponderant biological support &or considering him as being male. Se3ual development in cases o& interse3 persons ma-es the gender classi&ication at birth inconclusive. 4t is at maturit+ that the gender o& such persons, li-e respondent, is &i3ed. Respondent here has simpl+ let nature ta-e its course and has not ta-en unnatural steps to arrest or inter&ere 'ith 'hat he 'as born 'ith. "nd accordingl+, he has alread+ ordered his li&e to that o& a male. Respondent could have undergone treatment and ta-en steps, li-e ta-ing li&elong medication,A26B to &orce his bod+ into the categorical mold o& a &emale but he did not. /e chose not to do so. Nature has instead ta-en its due course in respondents development to reveal more &ull+ his male characteristics.
4n the absence o& a la' on the matter, the Court 'ill not dictate on respondent concerning a matter so innatel+ private as ones se3ualit+ and li&est+le pre&erences, much less on 'hether or not to undergo medical treatment to reverse the male tendenc+ due to C"/. #he Court 'ill not consider respondent as having erred in not choosing to undergo treatment in order to become or remain as a &emale. Neither 'ill the Court &orce respondent to undergo treatment and to ta-e medication in order to &it the mold o& a &emale, as societ+ commonl+ currentl+ -no's this gender o& the human species. Respondent is the one 'ho has to live 'ith his interse3 anatom+. #o him belongs the human right to the pursuit o& happiness and o& health. #hus, to him should belong the primordial choice o& 'hat courses o& action to ta-e along the path o& his se3ual development and maturation. 4n the absence o& evidence that respondent
is an incompetentA27B and in the absence o& evidence to sho' that classi&+ing respondent as a male 'ill harm other members o& societ+ 'ho are euall+ entitled to protection under the la', the Court a&&irms as valid and 8usti&ied the respondents position and his personal 8udgment o& being a male. 4n so ruling 'e do no more than give respect to 1 the diversit+ o& natureE and 2 ho' an individual deals 'ith 'hat nature has handed out. 4n other 'ords, 'e respect respondents congenital condition and his mature decision to be a male. (i&e is alread+ di&&icult &or the ordinar+ person. e cannot but respect ho' respondent deals 'ith his unordinar+ state and thus help ma-e his li&e easier, considering the uniue circumstances in this case. "s &or respondents change o& name under Rule 10, this Court has held that a change o& name is not a matter o& right but o& 8udicial discretion, to be e3ercised in the light o& the reasons adduced and the conseuences that 'ill &ollo'.A2B #he trial courts grant o& respondents change o& name &rom %enni&er to %e&& implies a change o& a &eminine name to a masculine name. Considering the conseuence that respondents change o& name merel+ recognies his pre&erred gender, 'e &ind merit in respondents change o& name. Such a change 'ill con&orm 'ith the change o& the entr+ in his birth certi&icate &rom &emale to male. /R!R, the Republics petition is *N4*. #he *ecision dated %anuar+ 12, 200@ o& the Regional #rial Court, )ranch o& Siniloan, (aguna, is "!!4R>*. No pronouncement as to costs. S R*R*.
(N"R* ". =54S5>)4NG "ssociate %ustice
CNC5R$
CNC/4#" C"R;4 >R"(S "ssociate %ustice *"N# . #4NG" "ssociate %ustice ;RS)4#R %. :("SC, %R. "ssociate %ustice "R#5R *. )R4N "ssociate %ustice
