Republic
v. Jennifer B. Cagandahan case brief summary
G.R. No.
166676, September 12, 2008
FACTS:
Jennifer Cagandahan alleged that she was born on January 13, 1981,
registered as a female in the Certificate of Live Birth but while
growing up developed secondary male characteristics and eventually
diagnosed with Congenital Adrenal Hyperplasia (CAH). On December 11,
2003, respondent filed a Petition for Correction of Entries in Birth
Certificate before the RTC, Branch 33 of Siniloan, Laguna.
Respondent
alleges that she had clitoral hypertrophy in her early years, at age
six, after an ultrasound, it was discovered that she had small
ovaries but at 13 years old, tests revealed that her ovarian
structures had diminished, stopped growing and had no breast or
menses. For al intents and purposes, as well as in disposition,
considered herself male. To prove her claim, respondent presented Dr.
Michael Sionzon of the Department of Psychiatry, UP-PGH, who issued a
medical certificate stating that respondent is genetically female but
her body secretes male hormones, has two organs of which the
female part is undeveloped.
RTC granted respondent’s
petition.
ISSUE:
Can a genetically female but predominantly male person request for
change of name and gender?
RULING:
The Court ruled that the governing law with respect to change of name
and gender is RA 9048. Respondent, indisputably, has CAH, as such, is
characterized by inappropriate manifestations of male
characteristics, although are genetically female. CAH people also
have ambiguous private parts, appearing more male than female but have
internal female reproductive organs which may become undeveloped.
These individual’s are commonly referred to as inters ex, and
respondent, having reached the age of majority, and having decided to
be male, considering that his body produces high levels of male
hormones is a preponderant biological support for considering him
male.
Republic’s
petition is denied. RTC Branch 33 decision is affirmed.
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