RLPUBLIC OI 1HL PHILIPPINLS v.

JLNNIILR B. CAGANDAHAN
G.R. No. J66676, J2 September 2008, SLCOND DIVISION, (Quisumbing, J.)
1be Covrt i. of tbe rier tbat rbere tbe er.ov i. biotogicatt, or vatvratt, ivter.e tbe aetervivivg factor iv bi.
gevaer cta..ificatiov rovta be rbat tbe ivairiavat, ti/e Cagavaabav, barivg reacbea tbe age of va;orit,, ritb gooa rea.ov
tbiv/. of bi.,ber .e. Cagavaabav bere tbiv/. of biv.etf a. a vate ava cov.iaerivg tbat bi. boa, roavce. bigb teret. of
vate borvove. ;avarogev) tbere i. reovaeravt biotogicat .vort for cov.iaerivg biv a. beivg vate. evat aeretovevt
iv ca.e. of ivter.e er.ov. va/e. tbe gevaer cta..ificatiov at birtb ivcovctv.ire. t i. at vatvrit, tbat tbe gevaer of .vcb
er.ov., ti/e Cagavaabav, i. fiea.
Respondent Jennier B. Cagandahan was registered as a emale in her Certiicate o Lie Birth. In
her early years, she suered rom clitoral hypertrophy and was ound out that her oarian structures had
minimized. Respondent Cagandahan also alleged that she has no breasts or menstrual deelopment.
Consequently, she was diagnosed to hae Congenital Adrenal lyperplasia ,CAl, a condition where
persons thus alicted possess secondary male characteristics because o too much secretion o male
hormones ,androgen,. She then alleged that or all interests and appearances as well as in mind and
emotion, she has become a male person.
1hus, she iled with the Regional 1rial Court o Laguna a Petition or Correction o Lntries in
Birth Certiicate such that her gender or sex be changed rom emale to male and her irst name be
changed rom Jennier to Je. 1he trial court granted the petition. lence, this instant petition or reiew.
ISSUL:
\hether or not the trial court erred in ordering the correction o entries in the birth certiicate o
respondent Cagandahan
HLLD:
Petition DLNILD.
In deciding this case, the Court considers the compassionate calls or recognition o the arious
degrees o intersex as ariations 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` or those indiiduals who are
neither truly male` nor truly emale`.` 1he current state o Philippine statutes apparently compels that a
person be classiied either as a male or as a emale, but this Court is not controlled by mere appearances
when nature itsel undamentally negates such rigid classiication.
1he Court is o the iew that where the person is biologically or naturally intersex the
determining actor in his gender classiication would be what the indiidual, like Cagandahan, haing
reached the age o majority, with good reason thinks o his,her sex. Cagandahan here thinks o himsel
as a male and considering that his body produces high leels o male hormones ,androgen, there is
preponderant biological support or considering him as being male. Sexual deelopment in cases o
intersex persons makes the gender classiication at birth inconclusie. It is at maturity that the gender o
such persons, like Cagandahan, is ixed.
Respondent Cagandahan here has simply let nature take its course and has not taken unnatural
steps to arrest or interere with what he was born with. And accordingly, he has already ordered his lie
to that o a male. le could hae undergone treatment and taken steps, like taking lielong medication, to
orce his body into the categorical mold o a emale but he did not. le chose not to do so. Nature has
instead taken its due course in respondent Cagandahan`s deelopment to reeal more ully his male
characteristics.
In the absence o a law on the matter, the Court will not dictate on Cagandahan concerning a
matter so innately priate as one`s sexuality and liestyle preerences, much less on whether or not to
undergo medical treatment to reerse the male tendency due to CAl. 1he Court will not consider
Cagandahan as haing erred in not choosing to undergo treatment in order to become or remain as a
emale. Neither will the Court orce respondent to undergo treatment and to take medication in order to
it the mold o a emale, as society commonly currently knows this gender o the human species.
Cagandahan is the one who has to lie with his intersex anatomy. 1o him belongs the human right to
the pursuit o happiness and o health. 1hus, to him should belong the primordial choice o what
courses o action to take along the path o his sexual deelopment and maturation. In the absence o
eidence that respondent is an incompetent` and in the absence o eidence to show that classiying
respondent as a male will harm other members o society who are equally entitled to protection under
the law, the Court airms as alid and justiied the respondent Cagandahan`s position and his personal
judgment o being a male.
In so ruling the Court do no more than gie respect to ,1, the diersity o nature, and ,2, how an
indiidual deals with what nature has handed out. In other words, the Court respects Cagandahan`s
congenital condition and his mature decision to be a male. Lie is already diicult or the ordinary
person. 1he Court cannot but respect how respondent Cagandahan deals with his unordinary state and
thus help make his lie easier, considering the unique circumstances in this case.