For Your Data Commonwealth V. Jennifer B. Cagandahan Example Brief Summary
February 01, 2019
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Republic v. Jennifer B. Cagandahan illustration brief summary
G.R. No. 166676, September 12, 2008
FACTS: Jennifer Cagandahan alleged that she was born on Jan 13, 1981, registered equally a woman individual inwards the Certificate of Live Birth but acre growing upward developed secondary manful individual characteristics together with eventually diagnosed amongst Congenital Adrenal Hyperplasia (CAH). On Dec 11, 2003, respondent filed a Petition for Correction of Entries inwards Birth Certificate earlier the RTC, Branch 33 of Siniloan, Laguna.
Respondent alleges that she had clitoral hypertrophy inwards her early on years, at historic period of time six, afterward an ultrasound, it was discovered that she had minor ovaries but at xiii years old, tests revealed that her ovarian structures had diminished, stopped growing together with had no thorax or menses. For al intents together with purposes, equally good equally inwards disposition, considered herself male. To bear witness her claim, respondent presented doc Michael Sionzon of the Department of Psychiatry, UP-PGH, who issued a medical certificate stating that respondent is genetically woman individual but her trunk secretes manful individual hormones, has 2 organs of which the woman individual business office is undeveloped.
RTC granted respondent’s petition.
ISSUE: Can a genetically woman individual but predominantly manful individual person asking for alter of refer together with gender?
RULING: The Court ruled that the governing police trace amongst honor to alter of refer together with sex is RA 9048. Respondent, indisputably, has CAH, equally such, is characterized past times inappropriate manifestations of manful individual characteristics, although are genetically female. CAH people likewise convey ambiguous private parts, appearing to a greater extent than manful individual than woman individual but convey internal woman individual reproductive organs which may overstep undeveloped. These individual’s are ordinarily referred to equally inters ex, together with respondent, having reached the historic period of time of majority, together with having decided to survive male, considering that his trunk produces high levels of manful individual hormones is a preponderant biological back upward for considering him male.
Republic’s petition is denied. RTC Branch 33 determination is affirmed.