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CHANGE OF NAME OF PERSONS WITH TWO SEXES

Republic vs. Cagandahan


GR. No. 166676, September 12, 2008
FACTS:
Jennifer Cagandahan was registered as a female in her Certificate of Live Birth.
During her childhood years, she suffered from clitoral hypertrophy and was later
on diagnosed that her ovarian structures had minimized. She likewise has no
breast nor menstruation. Subsequently, she was diagnosed of having
Congenital Adrenal Hyperplasia (CAH), a condition where those afflicted possess
secondary male characteristics because of too much secretion of male
hormones, androgen. According to her, for all interests and appearances as well
as in mind and emotion, she has become a male person. She filed a petition at
RTC Laguna for Correction of Entries in her Birth Certificate such that her gender
or sex be changed to male and her first name be changed to Jeff.
ISSUE: WON correction of entries in her birth certificate should be granted.
HELD:
The Court considered the compassionate calls for recognition of the various
degrees of intersex as variations which should not be subject to outright denial.
SC is of the view that where the person is biologically or naturally intersex the
determining factor in his gender classification would be what the individual,
having reached the age of majority, with good reason thinks of his/her sex. As
in this case, respondent, thinks of himself as a male and considering that his
body produces high levels of male hormones, there is preponderant biological
support for considering him as being a 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.