Akbayan party-list Representatives Atty. Chel Diokno and Perci Cendaña, joined by lawmakers Dadah Kiram Ismula and Kaka Bag-ao, have filed House Bill No. 5474, or the “Cagandahan Bill,” to remove the court from the process of changing the name and sex marker of intersex Filipinos in their civil registry records.
Under current law, intersex individuals must hire lawyers, go through court hearings, and wait for a judge’s order just to correct basic information in their birth certificates. The bill scraps that judicial requirement and allows them to file directly with their local civil registrar or the consul general.
The measure amends Republic Act 9048 and RA 10172 to recognize the right of intersex persons to correct their records through an administrative process. It defines “intersex” as a broad range of innate variations in sex characteristics and anchors the right to privacy, self-determination, and protection against discrimination in the law’s declaration of principles.
The process requires filing a petition with supporting documents, including a medical certificate from a licensed physician confirming intersex traits. The petition must be published for two consecutive weeks in a newspaper of general circulation. Once approved, the state issues a new certificate of live birth with the corrected name and/or sex marker.
The bill also builds in strict privacy protections. All information tied to the petition will be kept confidential under the Data Privacy Act, shielding the petitioner from unwanted disclosure.
“Sa kasalukuyang batas, kailangan pang sumuot sa butas ng karayom ng Intersex Filipinos para mapalitan ang pangalan at kasarian nila sa legal documents. Bakit pa ito idadaan sa korte kung pwede namang sa munisipyo na lang?” said Cendaña.
“They should have the right to live in alignment with their identities without the tedious and expensive process of hiring a lawyer, proving themselves before a court, and waiting indefinitely for a ruling,” he added.
The measure is named after Jeff Cagandahan, whose 2008 Supreme Court victory became the landmark case for intersex recognition in the Philippines.
“Deserve ng mga Intersex Filipinos na kilalanin sa mata ng batas,” Cendaña said.
