Aguirre v Secretary of Justice Petitioner: Gloria Pilar Aguirre Respondent: Secretary of the Department of Justice, Michelina AguirreOlondriz, Pedro

Aguirre, Dr. Agatep, Dr. Pascual Relevant Laws: Art. 262 Mutilation The penalty of reclusion temporal to reclusion perpetua shall be imposed upon any person who shall intentionally mutilate another by depriving him, either totally or partially, of some essential organ for reproduction

Facts: • Laureano (Larry) Aguirre was adopted from an orphanage by Pedro Aguirre and Lourdes Aguirre • Developmental milestones were noted to be delayed. He started to walk and speak a single word at around age 5. He was enrolled in Colegio de San Agustin at age 6 where he showed significant learning difficulties that he had to repeat 1st and 4th grades. • Psychological evaluation revealed mild to moderate mental retardation, special education training was advised and he was transferred to St. John Marie Vianney • Pedro Aguirre (Larry’s guardian) wanted to have him sterilized and approached Dr Agatep to perform the procedure • Dr Pascual conducted tests on Larry to ascertain whether he could validly give his consent to the operation • The findings concluded that the responsibility of making the decision may be given to his parent or guardian • Dr Agatep gave Larry a vasectomy with consent of Pedro Aguirre • Petitioner Gloria Aguirre (common law sister) charged respondents for mutilation • Gloria Aguirre contended that the bilateral vasectomy conducted on petitioner's brother, Larry Aguirre, caused the perpetual destruction of Larry's reproductive or gans of generation or conception and that it was performed intentionally and deliberately to deprive Larry forever of his reproductive organ and his capacity to procreate, thus, it amounted to mutilation •
Issues: • WON the respondents are liable for the crime of mutilation Held:

• •

No, they are not liable for mutilation

Ratio: The vasectomy operation did not in any way deprived Larry of his reproductive organ which is still very much part of his physical self

• • • • In male sterilization procedure of vasectomy. is merely a passageway that is part of the duct system of the male reproductive organ The ordinary usage of the term mutilation is the deprivation of a limb or essential part of the body The bilateral vasectomy done on Larry could not have amounted to the crime of mutilation as defined and punished under Article 262. called the vas deferens. paragraph 1. through which the sperm cells are transported from the testicle to the urethra where they combine with the seminal fluid to form the ejaculant. the tubular passage. is divided and the cut ends merely tied The vas deferens. of the Revised Penal Code .

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