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REPUBLIC OF THE Petitioner, - versus - JENNIFER B. CAGANDAHAN, Respondent. |
G.R. No. 166676
Present: Quisumbing, J., Chairperson, Carpio Morales, Tinga, VELASCO, JR., and BRION, JJ. Promulgated: September 12, 2008 |
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QUISUMBING,
J.:
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]
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
In her petition, she alleged that she was born on
The petition was published in a newspaper of general
circulation for three (3) consecutive weeks and was posted in conspicuous
places by the sheriff of the court. The
Solicitor General entered his appearance and authorized the Assistant
Provincial Prosecutor to appear in his behalf.
To prove her claim, respondent testified and presented
the testimony of Dr. Michael Sionzon of the Department of Psychiatry,
University of the
The RTC granted respondent’s petition in a Decision
dated
The Court is convinced that petitioner has satisfactorily shown that he
is entitled to the reliefs prayed [for].
Petitioner has adequately presented to the Court very clear and
convincing proofs for the granting of his petition. It was medically proven that petitioner’s
body produces male hormones, and first his body as well as his action and
feelings are that of a male. He has
chosen to be male. He is a normal person
and wants to be acknowledged and identified as a male.
WHEREFORE, premises considered, the Civil Register of Pakil, Laguna is
hereby ordered to make the following corrections in the birth [c]ertificate of Jennifer Cagandahan upon payment of the
prescribed fees:
a)
By
changing the name from Jennifer Cagandahan to JEFF CAGANDAHAN; and
b)
By
changing the gender from female to MALE.
It is likewise ordered that petitioner’s school records, voter’s
registry, baptismal certificate, and other pertinent records are hereby amended
to conform with the foregoing corrected data.
SO ORDERED.[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]
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.
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] 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] 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]
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 pleadings, orders or processes in the course of the
proceedings,[8] respondent is actually a male person and hence
his birth certificate has to be corrected to reflect his true sex/gender,[9] change of sex or gender is allowed under Rule
108,[10] and respondent
substantially complied with the requirements of Rules 103 and 108 of the Rules
of Court.[11]
Rules 103 and 108 of the Rules of Court provide:
Rule 103
CHANGE OF NAME
Section 1. Venue. – A person desiring to change his name shall present the
petition to the Regional Trial Court of the province in which he resides, [or,
in the City of
Sec. 2. Contents of petition. – A petition for change of name shall be
signed and verified by the person desiring his name changed, or some other
person on his behalf, and shall set forth:
(a) That the petitioner has
been a bona fide resident of the province where the petition is filed
for at least three (3) years prior to the date of such filing;
(b) The cause for which the
change of the petitioner's name is sought;
(c) The name asked for.
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 that such name
be changed in accordance with the prayer of the petition.
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
Section 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.
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.
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 parties
pending such proceedings.
Sec. 7. Order. – After hearing, the court may either dismiss the petition
or issue an order granting the cancellation or correction prayed for. In either
case, a certified copy of the judgment shall be served upon the civil registrar
concerned who shall annotate the same in his record.
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] 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] 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] Respondent, however, invokes Section 6,[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] of the Civil
Code, this provision was amended by Republic Act No. 9048[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]
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]
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. The following shall be entered in the civil
register:
(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]
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.
CAH is one of many conditions[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] 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] 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] More commonly, an intersex
individual is considered as suffering from a “disorder” which is almost always
recommended to be treated, whether by surgery and/or by taking lifetime
medication in order to mold the individual as neatly as possible into the
category of either male or female.
In deciding this case, we consider the compassionate
calls for recognition of the various degrees of intersex
as variations 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’ for those individuals who are neither
truly ‘male’ nor truly ‘female’.”[25] The current state of Philippine statutes
apparently compels that a person be classified either as a male or as a female,
but this Court is not controlled by mere appearances when nature itself
fundamentally negates such rigid classification.
In the instant case, if we determine respondent to be
a female, then there is no basis for a change in the birth certificate entry
for gender. But if we determine, based
on medical testimony and scientific development showing the
respondent to be
other than female,
then a change
in the
subject’s birth certificate entry is in order.
Biologically, nature endowed respondent with a mixed
(neither consistently and categorically female nor consistently and
categorically male) composition.
Respondent has female (XX) chromosomes.
However, respondent’s body system naturally produces high levels of male
hormones (androgen). As a result,
respondent has ambiguous genitalia and the phenotypic features of a male.
Ultimately, we are of the view that where the person
is biologically or naturally intersex the determining
factor in his gender classification would be what the individual, like
respondent, having reached the age of majority, with good reason thinks of
his/her sex. Respondent here thinks of
himself as a male and considering that his body produces high levels of male
hormones (androgen) there is preponderant biological support for considering
him as being 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.
Respondent here has simply let nature take its course
and has not taken unnatural steps to arrest or interfere with what he was born
with. And accordingly, he has already
ordered his life to that of a male.
Respondent could have undergone treatment and taken steps, like taking
lifelong medication,[26] to force his body
into the categorical mold of a female but he did not. He chose not to do so. Nature has instead taken its due course in
respondent’s development to reveal more fully his male characteristics.
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] 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] 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
SO ORDERED.
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LEONARDO A. QUISUMBING Associate Justice |
WE CONCUR:
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CONCHITA CARPIO MORALES Associate Justice |
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DANTE O. TINGA Associate Justice |
PRESBITERO J. VELASCO, JR. Associate Justice |
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ARTURO D. BRION Associate Justice |
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A T T E S T A T I O N
I
attest that the conclusions in the above Decision had been reached in consultation
before the case was assigned to the writer of the opinion of the Court’s
Division.
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LEONARDO A. QUISUMBING Associate Justice Chairperson |
C E R T I F I C A T I O N
Pursuant
to Section 13, Article VIII of the Constitution, and the Division Chairperson’s
Attestation, I certify that the conclusions in the above Decision had been
reached in consultation before the case was assigned to the writer of the
opinion of the Court’s Division.
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REYNATO S. PUNO Chief Justice |
[1] Rollo, pp. 29-32. Penned by Judge Florenio P. Bueser.
[2]
[3]
[4]
[5]
[6]
[7]
[8]
[9]
[10]
[11]
[12] Republic v. Court of Appeals, G.R.
No. 103695,
[13] Ceruila v. Delantar, G.R. No. 140305,
[14] Republic v. Benemerito, G.R. No.
146963,
[15] SEC. 6. Construction.- These Rules shall be liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding.
[16] Art. 376. No person can change his name or surname without judicial authority.
[17] An
Act Authorizing the City or Municipal Civil Registrar or the Consul General to
Correct a Clerical or Typographical Error in an Entry and/or Change of First
Name or Nickname in the Civil Registrar Without Need of a Judicial Order,
Amending for this Purpose Articles 376 and 412 of the Civil Code of the
Philippines. Approved,
[18] Silverio v. Republic
of the
[19]
[20]
[21] (1) 5-alpha reductase
deficiency; (2) androgen insensitivity syndrome; (3) aphallia;
(4) clitoromegaly; (5) congenital adrenal
hyperplasia; (6) gonadal dysgenesis
(partial & complete); (7) hypospadias; (8) Kallmann syndrome; (9) Klinefelter
syndrome; (10) micropenis; (11) mosaicism
involving sex chromosomes; (12) MRKH (mullerian
agenesis; vaginal agenesis; congenital absence of vagina); (13) ovo-testes (formerly called “true hermaphroditism”);
(14) partial androgen insensitivity syndrome; (15) progestin induced virilization; (16) Swyer
syndrome; (17) Turner syndrome. [Intersexuality <http://en.wikipedia.org/wiki/Intersexual>
(visited
[22] Intersexuality <http://en.wikipedia.org/wiki/Intersexual>
(visited
[23] Intersexuality
<http://en.wikipedia.org/wiki/Intersexual>
(visited
[24] Intersexuality <http://en.wikipedia.org/wiki/Intersexual>
(visited
[25] M.T. v. J.T. 140 N.J. Super 77 355 A. 2d 204.
[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.
x x x x
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.
x x x x
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] 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)
[28] Yu v. Republic of the