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
Rommel Jacinto Dantes Silverio vs Republic of the Philippines GR No. 174689. October 22, 2007 Fact of the Case: On November 22, 2003, Rommel Jacinto Dantes Silverio filed a petition for thechange of his first name from Rommel Jacinto to Melly and sex of birth from maleto female in his birth certificate in the Regional Trial Court of Manila. On June 4,2003, the trial court rendered in favor of petitioner as it would be more in consonancewith the principle of justice and equity. That grating the petitioner would bring muchawaited happiness on the part of the petitioner and her fianc and the realization of theirdreams. ON August 18, 2003, the Republic of the Philippines, thru the office of theSolicitor General, filed a petition for certiorari in the Court of Appeals. It alleged thatthere is no law allowing the change of entries in the birth certificate by reason of sexalteration. Issue: Whether or not a person born male would be entitled to change of gender on thecivil registrar and afterwards be legally capacitated to entered into marriage with anotherman. Held: No. Sex reassignment is not a ground for change of gender. There is no lawpresent that allows such in our country. Neither may entries in the birth certificate as tofirst name or sex be changed on the ground of equity. The remedies petitioner seeksinvolve questions of public policy to be addressed solely by the legislature, not by thecourts. As to contracting marriage, our law allows only male and female with the mainreason of procreation. Sex reassignment scientifically has not yet made one completelyinto female, with the complete function for reproduction.