Part II.

Medical Science and Law

Case Digests:

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.

People vs. Parazo [G.R. No. 121176 July 8, 1999]

Facts:
(As to how the complaint got to RTC, there is no info in the case. The facts just presented evidence to show
that Parazo deserves a re trial because he was sentenced to death without an interpreter even though he is
deaf and mentally retarded)

RTC decision: Parazo (28 years old) is guilty of rape (sentenced to death) and homicide

May 29, 1997-Motion for Reconsideration under consideration, bringing to the attention of the Court facts
and circumstances, such as the absence of a sign language expert, which if true would warrant the setting
aside of his judgment of conviction.

February 10, 1998- the Court resolved to grant appellant's Urgent Omnibus Motion: (1) to hold in abeyance
consideration of his motion for reconsideration pending his medical examination; (2) to allow a
supplemental motion for reconsideration after his medical examination; and (3) to submit him (appellant) for
examination by a physician of the Supreme Court.

The results of medical examinations conducted on appellant also indicate that appellant is really a deaf-
mute, a mental retardate, whose mental age is only seven (7) years and nine (9) months, and with low IQ of
60 only.

Parazos mother testified that he was born deaf and mute and she has no money for medical lintervention.
Barangay captain that Parazo was known as pipi since childhood. His school teacher says he was never
active in class and he never finished grade I. DSWD says that he was a beneficiary of their projects relative
to "Persons with Disability." During his early childhood, he was an active participant of the project. As he
grew older however, he did not anymore bother to visit their office.
Issue:
Whether he deserves a re trial for he was sentenced to death without the aid of a language expert although
he is deaf and mentally retarded.

Held:
Yes he deserves re trial.

Based on the collateral information's (sic) gathered from persons who have known the patient since
childhood, together with the results of the diagnostic test at UP-PGH and evidenced by the psychological
report, it is now established that Marlon Parazo is suffering from (1) Profound Hearing Loss, left ear; (2)
Severe Hearing Loss, right ear; (3) Mental Retardation, Mild.

Criteria for Mental Retardation as follows:

1. Significantly sub-average intellectual functioning: an IQ. of approximately 70 or below on an individually

administered IQ. test.

2. Concurrent deficits or impairments in present adaptive functioning (i.e., the person's effectiveness in
meeting the standards expected for his or her age by his or her cultural group) in at least two of the
following skill areas: communication, self-care, home-living, social/interpersonal skills, use of community
resources, self-direction, functional academic skills, work, leisure, health and safety).

3. Onset before age of 18.

Records on hand show that appellant was tried below without the benefit of a sign language expert.
Hedeserves a re-arraignment and re-trial, to the end that only upon proof of guilt beyond reasonable doubt
may he be consigned to the lethal injection chamber.

Antonio vs. Reyes

GR No. 155800, March 10, 2006

FACTS:
Leonilo Antonio, 26 years of age, and Marie Ivonne Reyes, 36 years of age met in 1989. Barely a year
after their first meeting, they got married at Manila City Hall and then a subsequent church wedding at
Pasig in December 1990. A child was born but died 5 months later. Reyes persistently lied about herself,
the people around her, her occupation, income, educational attainment and other events or things. She
even did not conceal bearing an illegitimate child, which she represented to her husband as adopted child
of their family. They were separated in August 1991 and after attempt for reconciliation, he finally left her
for good in November 1991. Petitioner then filed in 1993 a petition to have his marriage with Reyes
declared null and void anchored in Article 36 of the Family Code.

ISSUE:
Whether Antonio can impose Article 36 of the Family Code as basis for declaring their marriage null and
void.

HELD:
Psychological incapacity pertains to the inability to understand the obligations of marriage as opposed to a
mere inability to comply with them. The petitioner, aside from his own testimony presented a psychiatrist
and clinical psychologist who attested that constant lying and extreme jealousy of Reyes is abnormal and
pathological and corroborated his allegations on his wifes behavior, which amounts to psychological
incapacity. Respondents fantastic ability to invent, fabricate stories and letters of fictitious characters
enabled her to live in a world of make-believe that made her psychologically incapacitated as it rendered
her incapable of giving meaning and significance to her marriage. The root causes of Reyes psychological
incapacity have been medically or clinically identified that was sufficiently proven by experts. The gravity of
respondents psychological incapacity was considered so grave that a restrictive clause was appended to
the sentence of nullity prohibited by the National Appellate Matrimonial Tribunal from contracting marriage
without their consent. It would be difficult for an inveterate pathological liar to commit the basic tenets of
relationship between spouses based on love, trust and respect. Furthermore, Reyes case is incurable
considering that petitioner tried to reconcile with her but her behavior remain unchanged.
Hence, the court conclude that petitioner has established his cause of action for declaration of nullity under
Article 36 of the Family Code.

R.P. vs. Genosa

FACTS:
That Marivic Genosa, the Appellant on the 15November1995, attacked and wounded his husband, which
ultimately led to his death. According to the appellant she did not provoke her husband when she got home
that night it was her husband who began the provocation. The Appellant said she was frightened that her
husband would hurt her and she wanted to make sure she would deliver her baby safely. In fact, The
Appelant had to be admitted later at the Rizal Medical Centre as she was suffering from eclampsia and
hypertension, and the baby was born prematurely on December 1, 1995.

The Appellant testified that during her marriage she had tried to leave her husband at least five (5) times,
but that Ben would always follow her and they would reconcile. The Apellant said that the reason why Ben
was violent and abusive towards her that night was because 'he was crazy about his recent girlfriend, Lulu
Rubillos.

The Appellant after being interviewed by specialists, has been shown to be suffering from Battered Woman
Syndrome.
The appellant with a plea of self defense admitted the killing of her husband, she was then found guilty of
Parricide, with the aggravating circumstance of treachery, for the husband was attacked while asleep.

ISSUES:
Can Marivic Genosa be granted the Justifying circumstance of Self-defense, and can she be held liable for
the aggravating circumstance of treachery?

No, Since self- defense since the existence of Battered woman syndrome, which the appellant has been
shown to be suffering in the relationship does not in itself establish the legal right of the woman to kill her
abusive partner. Evidence must still be considered in the context of self-defense.
In the present case, however, according to the testimony of the appellant there was a sufficient time interval
between the unlawful aggression of the husband and her fatal attack upon him. She had already been able
to withdraw from his violent behavior and escape to their children's bedroom. During that time, he
apparently ceased his attack and went to bed. The reality or even the imminence of the danger he posed
had ended altogether. He was no longer in a position that presented an actual threat on her life or safety.

Without continuous aggression there can be no self-defense. And absence of aggression does not warrant
complete or incomplete self-defense.

No, There is treachery when one commits any of the crimes against persons by employing means,
methods or forms in the execution thereof without risk to oneself arising from the defense that the offended
party might make.

The circumstances must be shown as indubitably as the killing itself; they cannot be deduced from mere
inferences, or conjectures, which have no place in the appreciation of evidence. Besides, equally axiomatic
is the rule that when a killing is preceded by an argument or a quarrel, treachery cannot be appreciated as
a qualifying circumstance, because the deceased may be said to have been forewarned and to have
anticipated aggression from the assailant.

In the present case, however it was not conclusively shown, that the appellant intentionally chose a specific
means of successfully attacking her husband without any risk to herself from any retaliatory act that he
might make. To the contrary, it appears that the thought of using the gun occurred to her only at about the
same moment when she decided to kill her spouse. In the absence of any convincing proof that she
consciously and deliberately employed the method by which she committed the crime in order to ensure its
execution, the doubt should be resolved in her favor.

HELD:
The conviction of Appellant Marivic Genosa for parricide is hereby AFFIRMED. However, there being two
(2) mitigating circumstances and no aggravating circumstance attending her commission of the offense, her
penalty is REDUCED to six (6) years and one (1) day of prision mayor as minimum; to 14 years, 8 months
and 1 day of reclusion temporal as maximum.

ADDENDUM:

When can BWS (Battered Woman Syndrome) as self defense be appreciated?

Where the brutalized person is already suffering from BWS, further evidence of actual physical assault at
the time of the killing is not required. Incidents of domestic battery usually have a predictable pattern. To
require the battered person to await an obvious, deadly attack before she can defend her life "would
amount to sentencing her to 'murder by installment.' Still, impending danger (based on the conduct of the
victim in previous battering episodes) prior to the defendant's use of deadly force must be shown.
Threatening behavior or communication can satisfy the required imminence of danger. Considering such
circumstances and the existence of BWS, self-defense may be appreciated.