REPUBLIC v.
CAGANDAHAN – Sex/Intersexuality gender classifica tion would be what the individual, like
Intersexuality; Congenital Adrenal Hyperplasia (CAH); Words and
Phrases; During the twentieth century, medicine adopted the
term “intersexuality” to apply to human beings who cannot be
classified as either male or female·an organism with intersex may
have biological characteristics of both male and female sexes.·
Respondent undisputedly has CAH. This condition causes the
early or “inappropriate” appearance of male characteristics. A
person, like respondent, with this condition produces too much
androgen, a male hormone. A newborn who has XX
chromosomes coupled with CAH usually has a (1) swollen clitoris
with the urethral opening at the base, an ambiguous genitalia
often appearing more male than female; (2) normal internal
structures of the female reproductive tract such as the ovaries,
uterus and fallopian tubes; as the child grows older, some
features start to appear male, such as deepening of the voice,
facial hair, and failure to menstruate at puberty. About 1 in 10,000
to 18,000 children are born with CAH. CAH is one of many
conditions that involve intersex anatomy. During the twentieth
century, medicine adopted the term “intersexuality” to apply to
human beings who cannot be classified as either male or female.
The term is now of widespread use. According to Wikipedia,
intersexuality “is the state of a living thing of a gonochoristic
species whose sex chromosomes, genitalia, and/or secondary sex
characteristics are determined to be neither exclusively male nor
female. An organism with intersex may have biological
characteristics of both male and female sexes.”
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.·Intersex
individuals are treated in different ways by different cultures. In
most societies, intersex individuals have been expected to
conform to either a male or female gender role. Since the rise of
modern medical science in Western societies, some intersex
people with ambiguous external genitalia have had their genitalia
surgically modified to resemble either male or female genitals.
More commonly, an intersex individual is considered as suffering
from a “disorder” which is almost always recommended to be
treated, whether by surgery and/or by taking lifetime medication
in order to mold the individual as neatly as possible into the
category of either male or female. In deciding this case, we
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.
Where the person is biologically or naturally intersex the
determining factor in his gender classification would be what the
individual, having reached the age of majority, with good reason
thinks of his/her sex; Sexual development in cases of intersex
persons makes the gender classification at birth inconclusive·it is
at maturity that the gender of such persons, like respondent, is
fixed.·Biologically, nature endowed respondent with a mixed
(neither consistently and categorically female nor consistently
and categorically male) composition. Respondent has female (XX)
chromosomes. However, respondent’s body system naturally
produces high levels of male hormones (androgen). As a result,
respondent has ambiguous genitalia and the phenotypic features
of a male. Ultimately, we are of the view that where the person is
biologically or naturally intersex the determining factor in his
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respondent, having reached the age of majority, with good
reason thinks of his/her sex. Respondent here thinks of himself as
a male and considering that his body produces high levels of male
hormones (androgen) there is preponderant biological support
for considering him as being male.
Sexual development in cases of intersex persons makes the
gender classification at birth inconclusive. It is at maturity that
the gender of such persons, like respondent, is fixed.
To the person with Congenital Adrenal Hyperplasia (CAH)
belongs the human right to the pursuit of happiness and of
health, and to him should belong the primordial choice of what
courses of action to take along the path of his sexual
development and maturation.·In the absence of a law on the
matter, the Court will not dictate on respondent concerning a
matter so innately private as one’s sexuality and lifestyle
preferences, much less on whether or not to undergo medical
treatment to reverse the male tendency due to CAH. The Court
will not consider respondent as having erred in not choosing to
undergo treatment in order to become or remain as a female.
Neither will the Court force respondent to undergo treatment and
to take medication in order to fit the mold of a female, as society
commonly currently knows this gender of the human species.
Respondent is the one who has to live with his intersex anatomy.
To him belongs the human right to the pursuit of happiness and
of health. Thus, to him should belong the primordial choice of
what courses of action to take along the path of his sexual
development and maturation. In the absence of evidence that
respondent is an “incompetent” and in the absence of evidence to
show that classifying respondent as a male will harm other
members of society who are equally entitled to protection under
the law, the Court affirms as valid and justified the respondent’s
position and his personal judgment of being a male.
Names; There is merit in the change of name of a person with
Congenital Adrenal Hyperplasia (CAH) where the same is the
consequence of the recognition of his preferred gender.·As for
respondent’s change of name under Rule 103, this 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 trial court’s grant of
respondent’s change of name from Jennifer to Jeff implies a
change of a feminine name to a masculine name. Considering the
consequence that respondent’s change of name merely
recognizes his preferred gender, we find merit in respondent’s
change of name. Such a change will conform with the change of
the entry in his birth certificate from female to male.
PEOPLE v. PARAZO – Deaf mute
The absence of a qualified interpreter in sign language and of any
other means, whether in writing or otherwise, to inform the
accused of the charges against him denied the accused his
fundamental right to due process of law.·”The absence of an
interpreter in sign language who could have conveyed to the
accused, a deaf-mute, the full facts of the offense with which he
was charged and who could also have communicated the
accusedÊs own version of the circumstances which led to his
implication in the crime, deprived the accused of a full and fair
trial and a reasonable opportunity to defend himself. Not even
the accusedÊs final plea of not guilty can excuse these inherently
unjust circumstances. The absence of a qualified interpreter in
sign language and of any other means, whether in writing or
otherwise, to inform the accused of the charges against him
denied the accused his fundamental right to due process of law.
The accuracy and fairness of the factual process by which the
guilt or innocence of the accused was determined was not
safeguarded. The accused could not be said to have enjoyed the
right to be heard by himself and counsel, and to be informed of
the nature and cause of the accusation against him in the
proceedings where his life and liberty were at stake.”
PEOPLE v. AQUINO –Insanity/ Unsound mind
Exempting Circumstance; Insanity; Mere abnormality of the
accusedÊs mental faculties does not exclude imputability; If the
accused interposes the defense of mental incapacity, the burden
of establishing such fact rests upon him.· Neither are we
persuaded by EDGARDOÊs plea of “temporary insanity.” As the
OSG aptly stated, “temporary insanity” is not recognized in this
jurisdiction. Insanity, under Article 12 of the Revised Penal Code,
connotes that the accused must have been deprived completely
of reason and freedom of the will at the time of the commission
of the crime, or that he must have acted without the least
discernment. Mere abnormality of the accusedÊs mental faculties
does not exclude imputability. Moreover, EDGARDO was unable
to substantiate his claim. The law presumes every man to be
sane. If the accused interposes the defense of mental incapacity,
the burden of establishing such fact rests upon him. Insanity must
be proved by clear and positive evidence.
PEOPLE v. REYES – Psychological incapacity
The psychological incapacity must be shown to be medically or
clinically permanent or incurable. ·The final point of contention is
the requirement in Molina that such psychological incapacity be
shown to be medically or clinically permanent or incurable. It was
on this score that the Court of Appeals reversed the judgment of
the trial court, the appellate court noting that it did not appear
certain that respondentÊs condition was incurable and that Dr.
Abcede did not testify to such effect.
The requirement that psychological incapacity must be shown to
be medically or clinically permanent or incurable is one that
necessarily cannot be divined without expert opinion.·The
requirement that psychological incapacity must be shown to be
medically or clinically permanent or incurable is one that
necessarily cannot be divined without expert opinion. Clearly in
this case, there was no categorical averment from the expert
witnesses that respondentÊs psychological incapacity was
curable or incurable simply because there was no legal necessity
yet to elicit such a declaration and the appropriate question was
not accordingly propounded to him. If we apply Pesca without
deep reflection, there would be undue prejudice to those cases
tried before Molina or Santos, especially those presently on
appellate review, where presumably the respective petitioners
and their expert witnesses would not have seen the need to
adduce a diagnosis of incurability. It may hold in those cases, as in
this case, that the psychological incapacity of a spouse is actually
incurable, even if not pronounced as such at the trial court level.
PEOPLE v. GENOSA – Battered Woman Syndrome
Justifying Circumstances; Self-defense; In criminal cases, self-
defense shifts the burden of proof from the prosecution to the
defense.·When the accused admits killing the victim, it is
incumbent upon her to prove any claimed justifying circumstance
by clear and convincing evidence. Well-settled is the rule that in
criminal cases, self-defense (and similarly, defense of a stranger
or third person) shifts the burden of proof from the prosecution to
the defense.
Battered Woman Syndrome (BWS); The concept has been
recognized in foreign jurisdictions as a form of self-defense or, at
the least, incomplete self-defense.·In claiming self-defense,
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appellant raises the novel theory of the battered woman
syndrome. While new in Philippine jurisprudence, the concept has
been recognized in foreign jurisdictions as a form of self-defense
or, at the least, incomplete self-defense. By appreciating
evidence that a victim or defendant is afflicted with the
syndrome, foreign courts convey their “understanding of the
justifiably fearful state of mind of a person who has been
cyclically abused and controlled over a period of time.”
“Battered Woman”, defined; In order to be classified as a battered
woman, the couple must go through the battering cycle at least
twice.·A battered woman has been defined as a woman “who is
repeatedly subjected to any forceful physical or psychological
behavior by a man in order to coerce her to do something he
wants her to do without concern for her rights. Battered women
include wives or women in any form of intimate relationship with
men. Furthermore, in order to be classified as a battered woman,
the couple must go through the battering cycle at least twice.
Any woman may find herself in an abusive relationship with a
man once. If it occurs a second time, and she remains in the
situation, she is defined as a battered woman.”
Battered women exhibit common personality traits.·Battered
women exhibit common personality traits, such as low self-
esteem, traditional beliefs about the home, the family and the
female sex role; emotional dependence upon the dominant male;
the tendency to accept responsibility for the batterer’s actions;
and false hopes that the relationship will improve.
“Cycle of Violence”; Phases; Tension-Building Phase; During the
tension-building phase, minor battering occurs·it could be verbal
or slight physical abuse or another form of hostile
behavior.·During the tension-building phase,minor battering
occurs·it could be verbal or slight physical abuse or another form
of hostile behavior. The woman usually tries to pacify the batterer
through a show of kind, nurturing behavior; or by simply staying
out of his way. What actually happens is that she allows herself to
be abused in ways that, to her, are comparatively minor. All she
wants is to prevent the escalation of the violence exhibited by the
batterer. This wish, however, proves to be double-edged, because
her “placatory” and passive behavior legitimizes his belief that he
has the right to abuse her in the first place. However, the
techniques adopted by the woman in her effort to placate him are
not usually successful, and the verbal and/or physical abuse
worsens. Each partner senses the imminent loss of control and
the growing tension and despair. Exhausted from the persistent
stress, the battered woman soon withdraws emotionally. But the
more she becomes emotionally unavailable, the more the
batterer becomes angry, oppressive and abusive. Often, at some
unpredictable point, the violence “spirals out of control” and
leads to an acute battering incident.
Acute Battering Incident; The acute battering incident is said to
be characterized by brutality, destructiveness and, sometimes,
death.·The acute battering incidentis said to be characterized by
brutality, destructiveness and, sometimes, death. The battered
woman deems this incident as unpredictable, yet also inevitable.
During this phase, she has no control; only the batterer may put
an end to the violence. Its nature can be as unpredictable as the
time of its explosion, and so are his reasons for ending it. The
battered woman usually realizes that she cannot reason with him,
and that resistance would only exacerbate her condition. At this
stage, she has a sense of detachment from the attack and the
terrible pain, although she may later clearly remember every
detail. Her apparent passivity in the face of acute violence may be
rationalized thus: the batterer is almost always much stronger
physically, and she knows from her past painful experience that it
is futile to fight back. Acute battering incidents are often very
savage and out of control, such that innocent bystanders or
intervenors are likely to get hurt.
Tranquil Period; The final phase of the cycle of violence begins
when the acute battering incident ends·during this tranquil
period, the couple experience profound relief.·The final phase of
the cycle of violence begins when the acute battering incident
ends. During this tranquil period, the couple experience profound
relief. On the one hand, the batterer may show a tender and
nurturing behavior towards his partner. He knows that he has
been viciously cruel and tries to make up for it, begging for her
forgiveness and promising never to beat her again. On the other
hand, the battered woman also tries to convince herself that the
battery will never happen again; that her partner will change for
the better; and that this “good, gentle and caring man” is the real
person whom she loves. A battered woman usually believes that
she is the sole anchor of the emotional stability of the batterer.
Sensing his isolation and despair, she feels responsible for his
well-being. The truth, though, is that the chances of his
reforming, or seeking or receiving professional help, are very slim,
especially if she remains with him. Generally, only after she leaves
him does he seek professional help as a way of getting her back.
Yet, it is in this phase of remorseful reconciliation that she is most
thoroughly tormented psychologically. The illusion of absolute
inter dependency is well-entrenched in a battered woman’s
psyche. In this phase, she and her batterer are indeed emotionally
dependent on each other·she for his nurturant behavior, he for
her forgiveness. Underneath this miserable cycle of ÂÂtension,
violence and forgiveness,” each partner may believe that it is
better to die than to be separated. Neither one may really feel
independent, capable of functioning without the other.
PEOPLE v. VELASCO – Evidence
Criminal Procedure; Evidence; Requisites before circumstantial
evidence would be sufficient for conviction. —Circumstantial
evidence would be sufficient for conviction if (a) there is more
than one circumstance, (b) the facts from which the inferences
have been derived are proven, and (c) the combination of all the
circumstances is such that it produces a conviction beyond
reasonable doubt.
Circumstantial evidence as a basis for criminal conviction should
be weighed and accepted with great caution.—In case of doubt,
the scales must be tipped in favor of the accused. Circumstantial
evidence as a basis for criminal conviction should be weighed and
accepted with great caution. Jurisprudence teaches that it is
preferable for the guilty to remain unpunished than for the
innocent to suffer unjustly—in this case, to be sentenced to die by
lethal injection.
PEOPLE v. YATAR – DNA
DNA Testing; Words and Phrases; DNA is a molecule that
encodes the genetic information in all living organisms, and a
person’s DNA is the same in each cell and it does not change
throughout a person’s lifetime—the DNA in a person’s blood is
the same as the DNA found in his saliva, sweat, bone, the root
and shaft of hair, earwax, mucus, urine, skin tissue, and vaginal
and rectal cells.—Significantly, subsequent testing specimen from
the vagina of the victim was identical semen to be that of
appellant’s gene type. DNA is a molecule that encodes the
genetic information in all living organisms. A person’s DNA is the
same in each cell and it does not change throughout a person’s
lifetime; the DNA in a person’s blood is the same as the DNA
found in his saliva, sweat, bone, the root and shaft of hair,
earwax, mucus, urine, skin tissue, and vaginal and rectal cells.
Most importantly, because of polymorphisms in human genetic
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structure, no two individuals have the same DNA, with the
notable exception of identical twins.
DNA print or identification technology has been advanced as a
uniquely effective means to link a suspect to a crime, or to
exonerate a wrongly accused suspect, where biological evidence
has been left.—DNA print or identification technology has been
advanced as a uniquely effective means to link a suspect to a
crime, or to exonerate a wrongly accused suspect, where
biological evidence has been left. For purposes of criminal
investigation, DNA identification is a fertile source of both
inculpatory and exculpatory evidence. It can assist immensely in
effecting a more accurate account of the crime committed,
efficiently facilitating the conviction of the guilty, securing the
acquittal of the innocent, and ensuring the proper administration
of justice in every case. DNA evidence collected from a crime
scene can link a suspect to a crime or eliminate one from
suspicion in the same principle as fingerprints are used. Incidents
involving sexual assault would leave biological evidence such as
hair, skin tissue, semen, blood, or saliva which can be left on the
victim’s body or at the crime scene. Hair and fiber from clothing,
carpets, bedding, or furniture could also be transferred to the
victim’s body during the assault. Forensic DNA evidence is helpful
in proving that there was physical contact between an assailant
and a victim. If properly collected from the victim, crime scene or
assailant, DNA can be compared with known samples to place the
suspect at the scene of the crime.
In assessing the probative value of DNA evidence, courts should
consider, inter alia, the following factors— how the samples were
collected, how they were handled, the possibility of
contamination of the samples, the procedure followed in
analyzing the samples, whether the proper standards and
procedures were followed in conducting the tests, and the
qualification of the analyst who conducted the tests; Admittedly,
we are just beginning to integrate these advances in science and
technology in the Philippine criminal justice system, so we must
be cautious as we traverse these relatively uncharted waters
though we can benefit from the wealth of persuasive
jurisprudence that has developed in other jurisdictions.—The U.P.
National Science Research Institute (NSRI), which conducted the
DNA tests in this case, used the Polymerase chain reaction (PCR)
amplification method by Short Tandem Repeat (STR) analysis.
With PCR testing, tiny amounts of a specific DNA sequence can
be copied exponentially within hours. Thus, getting sufficient
DNA for analysis has become much easier since it became
possible to reliably amplify small samples using the PCR method.
In assessing the probative value of DNA evidence, courts should
consider, inter alia, the following factors: how the samples were
collected, how they were handled, the possibility of
contamination of the samples, the procedure followed in
analyzing the samples, whether the proper standards and
procedures were followed in conducting the tests, and the
qualification of the analyst who conducted the tests. In the case
at bar, Dr. Maria Corazon Abogado de Ungria was duly qualified
by the prosecution as an expert witness on DNA print or
identification techniques. Based on Dr. de Ungria’s testimony, it
was determined that the gene type and DNA profile of appellant
are identical to that of the extracts subject of examination. The
blood sample taken from the appellant showed that he was of the
following gene types: vWA 15/19, TH01 7/8, DHFRP2 9/10 and
CSF1PO 10/11, which are identical with semen taken from the
victim’s vaginal canal. Verily, a DNA match exists between the
semen found in the victim and the blood sample given by the
appellant in open court during the course of the trial. Admittedly,
we are just beginning to integrate these advances in science and
technology in the Philippine criminal justice system, so we must
be cautious as we traverse these relatively uncharted waters.
Fortunately, we can benefit from the wealth of persuasive
jurisprudence that has developed in other jurisdictions.
Specifically, the prevailing doctrine in the U.S. has proven
instructive.

Evidence; Evidence is relevant when it relates directly to a fact in

issue as to induce belief in its existence or non- existence.—In
Daubert v. Merrell Dow, it was ruled that pertinent evidence
based on scientifically valid principles could be used as long as it
was relevant and reliable. Judges, under Daubert, were allowed
greater discretion over which testimony they would allow at trial,
including the introduction of new kinds of scientific techniques.
DNA typing is one such novel procedure. Under Philippine law,
evidence is relevant when it relates directly to a fact in issue as to
induce belief in its existence or non-existence. Applying the
Daubert test to the case at bar, the DNA evidence obtained
through PCR testing and utilizing STR analysis, and which was
appreciated by the court a quo is relevant and reliable since it is
reasonably based on scientifically valid principles of human
genetics and molecular biology.

Self-Incrimination; The right against self- incrimination is simply

against the legal process of extracting from the lips of the
accused an admission of guilt—it does not apply where the
evidence sought to be excluded is not an incrimination but as part
of object evidence.—In an attempt to exclude the DNA evidence,
the appellant contends that the blood sample taken from him as
well as the DNA tests were conducted in violation of his right to
remain silent as well as his right against self-incrimination under
Secs. 12 and 17 of Art. III of the Constitution. This contention is
untenable. The kernel of the right is not against all compulsion,
but against testimonial compulsion. The right against
self-incrimination is simply against the legal process of extracting
from the lips of the accused an admission of guilt. It does not
apply where the evidence sought to be excluded is not an
incrimination but as part of object evidence.

Ex Post Facto Laws; No ex-post facto law is involved in DNA

testing since the science of DNA typing involves the admissibility,
relevance and reliability of the evidence obtained under the Rules
of Court—whereas an ex-post facto law refers primarily to a
question of law, DNA profiling requires a factual determination of
the probative weight of the evidence presented. —Appellant
further argues that the DNA tests conducted by the prosecution
against him are unconstitutional on the ground that resort
thereto is tantamount to the application of an ex-post facto law.
This argument is specious. No ex-post facto law is involved in the
case at bar. The science of DNA typing involves the admissibility,
relevance and reliability of the evidence obtained under the Rules
of Court. Whereas an ex-post facto law refers primarily to a
question of law, DNA profiling requires a factual determination of
the probative weight of the evidence presented.

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