[ GR No.

166676, Sep 12, 2008 ]

REPUBLIC v. JENNIFER B. CAGANDAHAN +

DECISION
586 Phil. 637

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 Certificate[2] 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.

Carpio-Morales, Tinga, Velasco, Jr., and Brion, JJ., concur.

[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]
 Republic v. Court of Appeals, G.R. No. 103695, March 15, 1996, 255 SCRA 99,
106.

[13]
 Ceruila 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.

[18]
 Silverio 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
<<u>http://en.wikipedia.org/wiki/Intersexual> (visited August 15, 2008).]
[22]
 Intersexuality<<u>http://en.wikipedia.org/wiki/Intersexual> (visited August
15, 2008).

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

[24]
 Intersexuality <<u>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 )

[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).

  Facts  Issues  Ruling  Principles