Factual Antecedent:

This petition is for appeal by certiorari to the Supreme Court raising purely the question of law and seeking
reversal of the decision issued by the Regional Trial Court (RTC) Branch 33 of Siniloan, Laguna dated last
January 12, 2005 granting the petition for correction of entries to the birth certificate of defendant: (1)
the name Jennifer Cagandahan to Jeff Cagandahan and (2) gender from female to male.

Parties:

Republic of the Philippines,

Petitioner,

- versus –

Jennifer B. Cagandahan,
Respondent

Facts:

On December 11, 2003, the respondent filed a petition for the correction of entries for her birth certificate
before the Regional Trial Court in Laguna. In her petition contained that she was born on January 13, 1981
and was registered as female in her birth certificate. However, while growing up, she was diagnosed to
have Congenital Adrenal Hyperplasia. It is a rare condition that affects about 1% of the population wherein
a person born with it possesses 2 sexual characteristic of each gender. She also claimed that while growing
up, she developed a clitoral hypertrophy. Ultra sound revealed that her ovaries became small. The
development of body stopped in the direction of becoming a female but more of the opposite gender. It
was later found out that her body was secreting more androgen (male hormones) than progesterone
(female hormones) which is making the development of her female characteristic halted and developing
more his male characteristic. Thus, she developed no breast and no menstrual cycle. In order to prove her
claim, Dr. Michael Sionzon of the Department of Psychiatry testified in behalf of respondent.

Hence the purpose of this petition. She alleged that for all purpose and appearances as well as in mind
and emotion, she has become a male person. Thus, through this petition she prayed that entries for his
name and gender be changed in her birth certificate by the civil registrar. Since the prayed changes is a
matter of judicial discretion, RTC in Laguna granted her appeal.

However, the Solicitor General of the Republic of the Philippines contends that the lower court has erred
in approving such appeal in violation of the Rules of Court 103 and 108 because the said appeal did not
implead the civil registrar. Thus, the Solicitor General petitioned before the Supreme Court of the
Philippines to reverse the appeal by now then defendant, Jennifer B. Cagandahan.

Issue:

WON the Regional Tried Court erred in approving defendant’s petition for a change in entries of her birth
certificate.
Ruling:

The Supreme Court affirmed the ruling made by the Regional Trial Court. It was held that, in deciding this
case, the compassionate calls for recognition of the various degrees of intersex as variations which should
not be subject to outright denial was considered by the Supreme Court. The SC utilized all the available
evidences that would support the defendants claim as well as the fact that the defendant himself think of
herself as a male supported by the statement of the doctor that the defendant’s body produces high level
of male hormones which is a preponderant biological support for considering him being a male.

The Supreme Court also held that they give respect to the diversity of nature and how an individual deals
with that nature has handed out. The court respects her congenital condition and his decision to be a
male. Life is already difficult for a normal person, much more for a person suffering in this condition. Also,
the court added that the change in name is not a matter of right but of a judicial discretion, to be exercised
in the light of the reasons and the consequences that will follow.