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 1 st 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 (Larrys 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, the tubular passage,
called the vas deferens, through which the sperm cells are transported
from the testicle to the urethra where they combine with the seminal
fluid to form the ejaculant, is divided and the cut ends merely tied
The vas deferens, 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, paragraph 1, of the Revised Penal Code