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REPUBLIC v. JENNIFER B. CAGANDAHAN

FACTS:

Jennifer Cagandahan filed a Petition for Correction of Entries in Birth Certificate, seeking to change her gender from female to male and her name from Jennifer to Jeff. She claimed that she was born with Congenital Adrenal Hyperplasia (CAH), a condition where she possesses both male and female characteristics. Medical evidence was presented, including a medical certificate from Dr. Michael Sionzon, stating that Jennifer's body secretes male hormones and that she has both female and male sex organs. The Regional Trial Court granted the petition, acknowledging that Jennifer has made up her mind and adjusted to her chosen role as a male. The court ordered the civil register to correct her name and gender in her birth certificate, as well as other pertinent records.

ISSUES:

  1. 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 due to her medical condition known as Congenital Adrenal Hyperplasia (CAH).

  2. Whether the trial court erred in granting the change of name from "Jennifer" to "Jeff."

RULING:

  1. The Supreme Court ruled that where the person is biologically or naturally intersex, the determining factor in the gender classification would be what the individual, having reached the age of majority with good reason, thinks of his/her sex. The court affirmed the trial court's decision to change the gender from female to male considering that the respondent, despite having female (XX) chromosomes, has a body that secretes predominantly male hormones (androgen) and has phenotypic features of a male.

  2. The Supreme Court affirmed the trial court's decision granting the respondent’s change of name from "Jennifer" to "Jeff," recognizing it as a mere recognition of his preferred gender which aligns with the corrected entry in the birth certificate.

PRINCIPLES:

  1. Intersex Recognition: The recognition of an individual's chosen gender when they have intersex characteristics is supported by medical and social considerations.

  2. Rule 108 Compliance: Substantial compliance with Rule 108 is acceptable, such as furnishing a copy to the local civil registrar even if they are not formally named as a party.

  3. Change of Sex or Gender: Rule 108 of the Rules of Court applies to substantial changes and corrections in entries in the civil register, including changes in sex or gender.

  4. Personal Autonomy: The individual’s preference and decision regarding their sex, especially in cases of intersex conditions, is respected by the court absent any law dictating otherwise.

  5. Judicial Discretion in Change of Name: The change of name is subject to judicial discretion, taking into account the reasons and consequences of such change.