SC junks OSG petition, allows gender change for man

MANILA, Philippines – The Supreme Court has affirmed a Regional Trial Court (RTC) decision allowing a woman with an adrenal gland problem to change her name and her gender from “female” to “male”

The Supreme Court has junked the petition for review filed by the Office of the Solicitor General and affirmed the Jan. 12, 2005 decision of the Siniloaan, Laguna RTC Branch 33 granting the petition for correction of entries in birth certificate filed by Jennifer Cagandahan.

Cagandahan, who was diagnosed with Congenital Adrenal Hyperplasia (CAH), was allowed by the Laguna RTC to change her name to “Jeff Cagandahan” and her gender from female to male.

According to Medline Plus, an online medical encyclopedia, CAH, or Adrenogenital Syndrome refers to a group of inherited disorders of the adrenal gland.

CAH can affect both boys and girls. People with CAH lack an enzyme needed by the adrenal gland to make the hormones cortisol and aldosterone.

Without these hormones, the body produces more androgen, a type of male sex hormone. This causes male characteristics to appear early or inappropriately. According to Medline Plus, about 1 in 10,000 to 18,000 children are born with congenital adrenal hyperplasia.

Records show that Cagandahan filed her petition on Dec. 11, 2003 with the Siniloan, Laguna RTC.

In her petition, Cagandahan alleged that she was born on January 13, 1981 and was registered as a female in the Certificate of Live Birth.

However, as she was growing up she started to develop secondary male characteristics and was later diagnosed as having CAH.

She said at age six she was also diagnosed to have clitoral hyperthropy, where it was discovered that she has small ovaries.

At 13, tests revealed that Cagandahan’s ovarian structures had minimized and she had stopped growing. She added that she also had no breasts and menstrual development.

Cagandahan argued before the RTC that “for all interests and appearances” as well as “in mind and emotion,” she has become a male.

To prove her claim, Cagandahan presented to the court the testimony of Dr. Michael Sionzon of the Department of Psychiatry of the Philippine General Hospital.

Sionzon issued a medical certificate stating Cagandahan’s condition as CAH.

Sionzon explained to the RTC that genetically, Cagandahan is female. But as her body secretes male hormones, her female organs did not develop normally and she has two sex organs – female and male.

Sionzon also told the court that Cagandahan’s uterus is not fully developed, she has no monthly period and that her rare condition is permanent.

He recommended the change of gender as Cagandahan had made up her mind and adjusted to her role as a male.

He also told the court that a gender change would be advantageous to Cagandahan.

On Jan. 12, 2005, the RTC granted Cagandahan’s petition, saying that she had presented to the court “clear and convincing proof” for the granting of her petition.

The RTC also ordered that Cagandahan’s school records, voter’s registry, baptismal certificate and other records be changed to conform to the corrected data.

The OSG, representing the Republic, then raised the issue before the Supreme Court, arguing that the Laguna RTC erred in granting the petition considering that CAH does not make Cagandahan a male.

The Second Division of the Court, however, decided in favor of Cagandahan in its 13-page decision penned by Associate Justice Leonardo Quisumbing.