Republic Vs Cagandahan
Republic Vs Cagandahan
Republic Vs Cagandahan
DECISION
QUISUMBING, J :
p
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(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(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
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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.
cHaCAS
SO ORDERED. 3(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(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.
DHECac
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(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(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(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
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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
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that such name be changed in accordance with the prayer of the petition.
AcISTE
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
SEC. 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.
TcHEaI
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.
AaHTIE
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
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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(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(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(14) Respondent, however, invokes Section 6, 15(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(16) of the Civil Code, this provision was
amended by Republic Act No. 9048 17(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(18)
DAEIHT
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(19)
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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.
(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(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.
DcIHSa
CAH is one of many conditions 21(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(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(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(24) More
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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(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(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.
TcSHaD
SO ORDERED.
Carpio-Morales, Tinga, Velasco, Jr. and Brion, JJ., concur.
Footnotes
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1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
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15.
16.
17.
18.
acHITE
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20.
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25.
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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.
xxx
xxx
xxx
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.
xxx
xxx
xxx
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
<http://www.nlm.nih.gov/medlineplus/encyclopedia.html>.)
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)
Yu v. Republic of the Philippines, 123 Phil. 1106, 1110 (1966).
HTAIcD
27.
DETcAH
28.
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Endnotes
1 (Popup - Popup)
1.
2 (Popup - Popup)
2.
Id. at 33-37.
3 (Popup - Popup)
3.
Id. at 31-32.
4 (Popup - Popup)
4.
Id. at 97.
5 (Popup - Popup)
5.
Id. at 99.
6 (Popup - Popup)
6.
Id. at 103.
7 (Popup - Popup)
7.
Id. at 104.
8 (Popup - Popup)
8.
Id. at 136.
9 (Popup - Popup)
9.
Id. at 127.
10 (Popup - Popup)
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10.
Id. at 134.
11 (Popup - Popup)
11.
Id. at 136.
12 (Popup - Popup)
12.
Republic v. Court of Appeals, G.R. No. 103695, March 15, 1996, 255 SCRA 99,
106.
13 (Popup - Popup)
13.
Ceruila v. Delantar, G.R. No. 140305, December 9, 2005, 477 SCRA 134, 147.
14 (Popup - Popup)
14.
Republic v. Benemerito, G.R. No. 146963, March 15, 2004, 425 SCRA 488, 492.
15 (Popup - Popup)
15.
16 (Popup - Popup)
16.
Art. 376. No person can change his name or surname without judicial authority.
17 (Popup - Popup)
17.
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18 (Popup - Popup)
18.
Silverio v. Republic of the Philippines, G.R. No. 174689, October 19, 2007, 537
SCRA 373, 388.
19 (Popup - Popup)
19.
Id. at 389.
20 (Popup - Popup)
20.
Id. at 389.
21 (Popup - Popup)
21.
22 (Popup - Popup)
22.
23 (Popup - Popup)
23.
24 (Popup - Popup)
24.
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25 (Popup - Popup)
25.
26 (Popup - Popup)
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.
xxx
xxx
xxx
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.
xxx
xxx
xxx
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
<http://www.nlm.nih.gov/medlineplus/encyclopedia.html>.)
27 (Popup - Popup)
27.
28 (Popup - Popup)
28.
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