Republic v. Cagandahan (G.R. No. 166676; September 12, 2008)
CASE DIGEST: REPUBLIC OF THE PHILIPPINES v. JENNIFER B. CAGANDAHAN (CORRECTION OF SEX IN THE BIRTH CERTIFICATE)
Marc O Ali suggests that the turning point in this case is that there was, between the two sexes, a "dominant sex." (SOURCE: https://www.facebook.com/MaLih2013)
FACTS: A hermaphrodite is a person who was born with two (2) sexual organs: one male and the other, female. This is usually considered as an error.
Here comes Jennifer who is a hermaphrodite. Invoking Rule 108 and Rule 103 of the Rules of Court, she petitions the court to correct entries in her birth certificate. She wants to change "female" to "male" and "Jennifer" to "Jeff."
ISSUE: Should the petition be allowed?
HELD: Yes, the petition should be allowed. It is nature that reorganized the structure of her body and the law of nature is above the law of men. The Supreme Court said, "In so ruling we do no more than give respect to (1) the diversity of nature; and (2) how an individual deals with what nature has handed out. In other words, we respect respondents congenital condition and his mature decision to be a male. Life is already difficult for the ordinary person. We cannot but respect how respondent deals with his unordinary state and thus help make his life easier, considering the unique circumstances in this case."Marc O Ali suggests that the turning point in this case is that there was, between the two sexes, a "dominant sex." (SOURCE: https://www.facebook.com/MaLih2013)
