Tuesday, October 6, 2015

Sex change in PH jurisprudence





"x x x.

The cases were those of Rommel Silverio versus Republic (G.R. No. 174689, October 22, 2007) and Republic versus Jennifer B. Cagandahan (G.R. No. 166676, September 12, 2008)

The Silverio case is about an individual who had undergone a sex reassignment surgery and was petitioning the Supreme Court to have his name and sex changed to reflect his transition from male to female. 

 In said case, the Court rejected the petitioner's prayer arguing, rightly unfortunately, that there is no legal basis for such endeavor. 

The main crux of the Court's argument is is R.A. 9048, Section 2(c) which prohibits the changing of nationality, age, status or SEX in the civil registry. 

On the other hand, the Cagandahan case is about a genetically female individual who has developed a condition known and certified by a medical certificate as Congenital Adrenal Hyperplasia (CAH). 

Such condition predisposes the individual to produce excessive sex hormones, in the case of Cagandahan, there was an excess of the production of androgens, the male hormone, this resulted in the petitioner developing masculine characteristics and the stunting of her breast development, the arresting of her ovarian structures, and absence of menstruation. 

For all intents and purposes, the petitioner thought of herself as male and adopted its corresponding social roles, she also looked more or less masculine. In said case, the court agreed with the petitioner's prayer that her name and sex be changed from female to male.

x x x."

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