RATIONALE:
Rule 103, the Court has held that a change of name is not a matter of right but of judicial discretion, to be exercised in the light of the reasons adduced and the consequences that will follow.
The current state of Philippine statutes apparently compels that a person be classified either as a male or as a female, but the Court is not controlled by mere appearances when nature itself fundamentally negates such rigid classification.
GIST:
Respondent was born female but eventually afflicted with a rare condition of CAH making her a hermaphrodite. Male hormones eventually became dominant when he was 13 and his female characteristics didn't develop. Thus, he filed a petition for correction on entry of his birth certificate praying that his gender be changed from female to male and name, from Jennifer to Jeff. The lower court ruled in his favor. However, the local civil register needs to be made a party in such proceedings, and it was not impleaded, as required in Section 3, Rule108. Respondent moved that as per Section 6, Rule 1 of the Rules of Court, courts shall construe the Rules liberally to promote their objectives of securing to the parties a just, speedy, and inexpensive disposition of the matters brought before it. Hence, the court ruled that there is substantial compliance with Rule 108 when the respondent furnished a copy of the petition to the local civil register. Although Article 412 of the New Civil Code was amended by R.A. 9048, insofar as clerical or typographical errors on entry, and/or change of names, or nicknames, are involved and corrections can now be made through administrative proceedings without the need for a judicial order, Rule 108 is the applicable procedure to substantial changes and corrections in entries in the civil register.
Rule 108
Changes of name, (Sec. 2) must be petitioned before the RTC where the corresponding civil registry is located (Sec. 1), and that civil registrar and all persons who have any interest which would be affected shall be made a party (Sec 3), and there should be a notice of the order to be published once a week for three (3) consecutive weeks in a newspaper of general circulation in the province (sec. 4). And after the hearing, if it be favorable to the petitioner, a certified copy of the judgment shall be served upon the civil registrar concerned who shall annotate the same in his record. (sec. 7)
The OSG contended that the changed was improper since Sec. 3, Rule 108 was not complied with; the local civil register was not properly impleaded.
In the absence of showing that respondent's reclassification from female to male will harm other members of the society who are equally entitled to protection under the law, RESPONDENT'S POSITION AND PERSONAL JUDGMENT OF BEING A MALE IS AFFIRMED.
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.
As per respondent's change of name under Rule 103, the Court has held that a change of name is not a matter of right but of judicial discretion, to be exercised in the light of the reasons adduced and the consequences that will follow.
Respondent's change of name from Jennifer to Jeff merely recognizes his preferred gender, such change will conform with the change of entry of his gender in his birth certificate.
Relation to topic:
In case Jeff decides to marry a woman, he could legally comply with the essential requisite of being a MALE.
Since marriage is a special contract between a MAN and woman (Art. 1, Family Code), and a marriage can be valid if the essential requisite of contracting parties who are MALE and female (Art. 2, (1)). Any MALE of female, 18 or up, not under any of the impediments mentioned in Articles 37 and 38, may contract marriage. (Art. 5)
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FACTS:
1. 11 December 2003, Jennifer Cagandahan filed a Petition for Correction of Entries of Birth Certificate before RTC Siniloan Laguna.
2. In her petition, she alleged the ff.:
a. she was born on 13 January 1981
b. was registered as a FEMALE in her Certificate of Live Birth
c. growing up, she developed secondary male characteristics and was diagnosed to have CONGENITAL ADRENAL HYPERPLASIA (CAH) - possessing both male and female characteristics
d. at 13, tests revealed that her ovarian structures had minimized, she has stopped growing and she has no breast or menstrual development.
e. for all interests, appearances, mind, and emotion, she has become a MALE.
f. she prayed that her gender be changed from female to male and her first name be changed from JENNIFER to JEFF.
3. The petition was published in newspaper of general circulation for 3 consecutive weeks.
4. She also presented the testimony of Dr. Michael Sionzon of UP-PGH, Department of Psychiatry thru a medical certificate stating that respondent has CAH. Genetically respondent is female but because her body secretes male hormones, her female organs did not develop normally and she has two sex organs - female and male. Due to lack of female hormones, her uterus is not fully developed and that she has no monthly period.
5. RTC granted Jennifer's petition. and the Civil Register of Pakil, Laguna was ordered to make the following corrections in the birth [c]ertificate of Jennifer Cagandahan upon payment of the prescribed fees:
a) By changing the name from Jennifer Cagandahan to JEFF CAGANDAHAN; and
b) By changing the gender from female to MALE.
6. Thus, this petition by OSG.
|
OSG |
RESPONDENT |
|
Petition is fatally
defective since: 1. the local civil
registrar, an indispensable party in a petition for cancellation or
correction of entries under Section 3, Rule 108 of the Rules of Court, was
not impleaded in the petition before the court a quo. 2. it failed to state
that the respondent is a bona fide resident of the whether the trial
court erred in ordering the correction of entries in the birth certificate of
respondent to change her sex or gender, from female to male, on the ground of
her medical condition known as CAH, and her name from "Jennifer" to
"Jeff," under Rules 103 and 108 of the Rules of Court. 3. Rule 108 does not allow change of sex or gender in the birth certificate and respondent's claimed medical condition known as CAH does not make her a male. |
1. Although Local Civil Register of Pakil, Laguna was not made a party, it was furnished a copy of the Petition, the Order to publish, and all pleadings, orders or processes in the course of the proceedings.
2. respondent is actually a male person. Hence,
his birth certificate need to be
corrected to reflect his true sex/gender.
3. change of sex/gender is
allowed under Rule 108 and respondent substantially complied with the
requirements of Rules 103 and 108 of the Rules of Court. |
ISSUE:
Whether the trial court erred in ordering the correction of entries in the birth certificate of respondent to change her sex or gender, from female to male, on the ground of her medical condition known as CAH, and her name from "Jennifer" to "Jeff," under Rules 103 and 108 of the Rules of Court.
RULING:
NO. The trial court's ruling is affirmed.
Re: failure to implead the local civil register, respondent invoked Section 6, Rule 1 of the Rules of Court which states that courts shall construe the Rules liberally to promote their objectives of securing to the parties a just, speedy and inexpensive disposition of the matters brought before it. The court agrees that there is substantial compliance with Rule 108 when respondent furnished a copy of the petition to the local civil registrar.
Art. 412. of the Civil Code provides: No entry in a civil register shall be changed or corrected without a judicial order.
However, this, along with Art. 376, was amended by R.A. 9048 (Clerical Error Law / Gunigundo Law) in so far as CLERICAL or TYPOGRAPHICAL ERRORS are involved.
The correction or change of such matters can now be made through administrative proceedings and without the need for a judicial order. In effect, Rep. Act No. 9048 removed from the ambit of Rule 108 of the Rules of Court the correction of such errors.
Rule 108 now applies only to substantial changes and corrections in entries in the civil register.
Under Rep. Act No. 9048, a correction in the civil registry involving the change of sex is not a mere clerical or typographical error. It is a substantial change for which the applicable procedure is Rule 108 of the Rules of Court.
The entries envisaged in Article 412 of the Civil Code and correctable under Rule 108 of the Rules of Court are those provided in Articles 407 and 408 of the Civil Code:
ART. 407. Acts, events and judicial decrees concerning the civil status of persons shall be recorded in the civil register.
The acts, events or factual errors contemplated under Article 407 of the Civil Code include even those that occur after birth.
Respondent's condition of Congenital Adrenal Hyperplasia involves intersex anatomy. In this case, the court decided to "consider the compassionate calls for recognition of the various degrees of intersex as variations which should not be subject to outright denial. "It has been suggested that there is some middle ground between the sexes, a `no-man's land' for those individuals who are neither truly `male' nor truly `female'" The current state of Philippine statutes apparently compels that a person be classified either as a male or as a female, but this Court is not controlled by mere appearances when nature itself fundamentally negates such rigid classification."
Based on the medical testimony and scientific development showing the respondent to be other than female, a change in the subject's birth certificate entry is in order.
In the absence of showing that respondent's reclassification from female to male will harm other members of the society who are equally entitled to protection under the law, RESPONDENT'S POSITION AND PERSONAL JUDGMENT OF BEING A MALE IS AFFIRMED.
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.
As per respondent's change of name under Rule 103, the Court has held that a change of name is not a matter of right but of judicial discretion, to be exercised in the light of the reasons adduced and the consequences that will follow.
Respondent's change of name from Jennifer to Jeff merely recognizes his preferred gender, such change will conform with the change of entry of his gender in his birth certificate.
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LAWS RELATED:
Rule 103
CHANGE OF NAME
SECTION 1. Venue. - A person desiring to change his name shall present the petition to the Regional Trial Court of the province in which he resides, [or, in the City of Manila, to the Juvenile and Domestic Relations Court].
SEC. 2. Contents of petition. - A petition for change of name shall be signed and verified by the person desiring his name changed, or some other person on his behalf, and shall set forth:
(a) That the petitioner has been a bona fide resident of the province where the petition is filed for at least three (3) years prior to the date of such filing;
(b) The cause for which the change of the petitioner's name is sought;
(c) The name asked for.
SEC. 3. Order for hearing. - If the petition filed is sufficient in form and substance, the court, by an order reciting the purpose of the petition, shall fix a date and place for the hearing thereof, and shall direct that a copy of the order be published before the hearing at least once a week for three (3) successive weeks in some newspaper of general circulation published in the province, as the court shall deem best. The date set for the hearing shall not be within thirty (30) days prior to an election nor within four (4) months after the last publication of the notice.
SEC. 4. Hearing. - Any interested person may appear at the hearing and oppose the petition. The Solicitor General or the proper provincial or city fiscal shall appear on behalf of the Government of the Republic.
SEC. 5. Judgment. - Upon satisfactory proof in open court on the date fixed in the order that such order has been published as directed and that the allegations of the petition are true, the court shall, if proper and reasonable cause appears for changing the name of the petitioner, adjudge that such name be changed in accordance with the prayer of the petition.
SEC. 6. Service of judgment. - Judgments or orders rendered in connection with this rule shall be furnished the civil registrar of the municipality or city where the court issuing the same is situated, who shall forthwith enter the same in the civil register.
Rule 108
CANCELLATION OR CORRECTION OF ENTRIES
IN THE CIVIL REGISTRY
SECTION 1. Who may file petition. - Any person interested in any act, event, order or decree concerning the civil status of persons which has been recorded in the civil register, may file a verified petition for the cancellation or correction of any entry relating thereto, with the Regional Trial Court of the province where the corresponding civil registry is located.
SEC. 2. Entries subject to cancellation or correction. - Upon good and valid grounds, the following entries in the civil register may be cancelled or corrected: (a) births; (b) marriages; (c) deaths; (d) legal separations; (e) judgments of annulments of marriage; (f) judgments declaring marriages void from the beginning; (g) legitimations; (h) adoptions; (i) acknowledgments of natural children; (j) naturalization; (k) election, loss or recovery of citizenship; (l) civil interdiction; (m) judicial determination of filiation; (n) voluntary emancipation of a minor; and (o) changes of name.
SEC. 3. Parties. - When cancellation or correction of an entry in the civil register is sought, the civil registrar and all persons who have or claim any interest which would be affected thereby shall be made parties to the proceeding.
SEC. 4. Notice and publication. - Upon the filing of the petition, the court shall, by an order, fix the time and place for the hearing of the same, and cause reasonable notice thereof to be given to the persons named in the petition. The court shall also cause the order to be published once a week for three (3) consecutive weeks in a newspaper of general circulation in the province.
SEC. 5. Opposition. - The civil registrar and any person having or claiming any interest under the entry whose cancellation or correction is sought may, within fifteen (15) days from notice of the petition, or from the last date of publication of such notice, file his opposition thereto.
SEC. 6. Expediting proceedings. - The court in which the proceedings is brought may make orders expediting the proceedings, and may also grant preliminary injunction for the preservation of the rights of the parties pending such proceedings.
SEC. 7. Order. - After hearing, the court may either dismiss the petition or issue an order granting the cancellation or correction prayed for. In either case, a certified copy of the judgment shall be served upon the civil registrar concerned who shall annotate the same in his record.
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