RP vs.

CAGANDAHAN
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.