A woman who successfully proved that her body is manifesting natural-occurring male characteristics was allowed by the Supreme Court yesterday to change her name and the gender entries in her birth certificate.

In a 13-page decision penned by Senior Associate Justice Leonardo Quisumbing, the SC’s Second Division denied the petition for review filed by the Office of the Solicitor General, representing the Republic of the Philippines, questioning the January 12, 2005 decision of a regional trial court of Siniloan, Laguna allowing Jennifer Cagandahan to correct the name and gender entries in her birth certificate.

The trial court also ordered that Cagandahan’s school records, voter’s registry, baptismal certificate and other pertinent records be amended to conform with the corrected data after acknowledging her medical condition known as congenital adrenal hyperplasia (CAH).

The SC said Cagandahan undisputedly has CAH, a condition that causes early or "inappropriate" appearance of male characteristics and produces too much androgen, a male hormone, and involves intersex anatomy.

"Ultimately, we are of the view that where the person is biologically or naturally intersex, the determining factor in his gender classification would be what the individual, like respondent, having reached the age of majority, with good reason thinks of his/her sex. Respondent here thinks of herself as a male and considering that her body produces high levels of male hormones (androgen) there is preponderant biological support for considering her as being male," the Court ruled.

Associate Justice Conchita Carpio-Morales, Dante Tinga, Presbiterio Velasco Jr. and Arturo Brion concurred with the ruling.

It added that Cagandahan simply let nature took its course and has not taken unnatural steps to arrest or interfere with what he was born with.

The SC pointed out that in the 20th century, medicine adopted the term "intersexuality" to apply to human beings who cannot be classified as either male or female, or a state of a gonochoristic species whose sex chromosomes, genitalia and secondary sex characteristics are determined to be neither exclusively male or female.

"In deciding this case, we consider the compassionate calls for recognition of various degrees of intersex as variations which should not be subject to outright denial," the Court ruled, adding that there is a middle-ground between the sexes, a "no-man’s land" for those individuals who are neither truly male or female, and give respect to the diversity of nature.

The high court further said that while the current state of Philippine statutes apparently compels that a person be classified either as a male or as a female, it is not controlled by mere appearances "when nature itself fundamentally negates such rigid classification."

In 2003, Cagandahan filed a petition for correction of entries in birth certificate before the RTC, as to her name from "Jennifer" to "Jeff," and gender from female to male.

In her petition, she alleged that she was born on January 13, 1981 and was registered as a female in her certificate of birth, but while growing up, she developed secondary male characteristics and was diagnosed to have CAH, a condition where persons possess both male and female characteristics.

She further alleged that she was diagnosed to have small ovaries and at age 13, her ovarian structures had minimized and that she had no breast or menstrual development, indicating that for all interests and appearances as well as in mind and emotion, she had become a male.

As witnesses, Cagandahan presented Dr. Michael Sionzon of the Department of Psychiatry of the Philippine General Hospital, who issued a medical certificate stating her CAH condition, explaining that though she is genetically female, her body secretes male hormones, that her female organs did not develop normally; and that she has two sex organs – female and male.

Sionzon testified that this condition is very rare (about 1 in 18,000) and that respondent’s uterus is not fully developed because of lack of female hormones; that she has no monthly period; and that this condition is permanent.

He recommended the change of gender because "Cagandahan has made up her mind, adjusted to her chosen role as male, and gender change would be advantageous to her."

But the OSG alleged that the trial court erred in ordering the correction of entries in the birth certificate corresponding to change Cagandahan’s sex or gender.

Government lawyers, on mandatory controvertion, fought on technicalities.

They said Cagandahan’s petition was fatally defective since she failed to state that she is a bona fide resident of the province where the petition was filed for at least three years as required by the rules of court; that the same rules do not allow change of sex or gender in the birth certificate and her claimed medical condition known as CAH does not make her a male.