Legal Medicine

Paternity and DNA determination

The use of DNA technology as evidence is a recent development in the Philippines. DNA
evidence is presented in court through expert testimony. The witness must be properly qualified
as an expert. It must also pass the tests of admissibility by conducting several recognized DNA
testing methods. This includes Polymerase Chain Reaction and Short Tandem Repeat.
Before discussing the legal aspect of DNA evidence for paternity, the medical aspect for
legal testing of DNA must be duly explained first. DNA paternity testing refers to the clinical
testing procedure of the DNA samples of a man and a child, taken from their bodily fluid or
tissue, in order to determine whether that particular man is the biological father of the child or
not. The DNA in a human being is known as the unique genetic fingerprint which is present in
each and every cell in that humans body. Every person has a genetic code of 46 chromosomes
which is a combined mix of 2 sets of 23 chromosomes each passed on by his / her biological
parents. In simple words, when a baby is conceived, each parent passes on half of their genes, i.e.
23 chromosomes to the baby. Hence collecting a DNA sample from the baby and the alleged
father and testing them thereof can either prove or disprove the biological fatherhood of that
person in relation to that particular child.
It is not every day that the paternity of a child is questioned. In these cases the paternity
of the offspring needs to be ascertained through legal DNA testing. Now-a-days lots of DNA
testing methods and testing labs have come into existence. These tests are now being used for
legal, medical and forensic purpose. Whenever the situation of finding concrete scientific
evidence of a potential father comes, simple blood test is not sufficient and DNA relationship
testing technique should also be followed. In case of finding the maternity of a child, such
techniques are not needed as the woman who gave birth is the genetic and legal mother, except in
the cases of surrogate motherhood. Hence, in most of the cases, it is easy to determine the
maternity of a child than the paternity.
With regards to legal aspect, the applicable provisions of the law in connection with
paternity and filiation are Articles 172 and 175 of the New Civil Code:
Art. 172. The filiation of legitimate children is established by any of the following:
(1) The record of birth appearing in the civil register or a final judgment; or
(2) An admission of legitimate filiation in a public document or a private handwritten
instrument and signed by the parent concerned.
In the absence of the foregoing evidence, the legitimate filiation shall be proved by:

(1) The open and continuous possession of the status of a legitimate child; or
(2) Any other means allowed by the Rules of Court and special laws.
Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on
the same evidence as legitimate children.
It must be noted that DNA evidence is also used in cases to prove paternity and filiation.
As cited in the case of Jesse U. Lucas, Petitioner, vs. Jesus S. Lucas, Respondent, G.R. No.
190710: The Court ruled that during the hearing on the motion for DNA testing, the petitioner
must present prima facie evidence or establish a reasonable possibility of paternity. This simply
means that the trial court must hold a hearing on whether DNA testing should be done or not; and
that during the hearing, the petitioner (the mother or the child) must present evidence to prove
that there is a reasonable possibility the man is the biological father;
Evidence to prove possibility of paternity could be testimonies of witnesses to the sexual or
romantic relationship between the mother and the alleged father, videos, pictures, letters, etc.
The Courts ruling protects the alleged father from mere harassment suits.
The issuance of a DNA testing order is discretionary upon the trial court. The court may, for
example, consider whether there is absolute necessity for the DNA testing. If there is already
preponderance of evidence to establish paternity and the DNA test result would only be
corroborative, the court may, in its discretion, disallow a DNA testing.
Rule on DNA Evidence A.M. No. 06-11-5-SC became effective on October 15, 2007. The
Court used the Rule in deciding the case of Estate Of Rogelio G. Ong vs. Minor Joanne Rodjin
Diaz, Represented by Her Mother and Guardian, Jinky C. Diaz, G.R. No. 171713, promulgated
on December 17, 2007. The Court observed:
For too long, illegitimate children have been marginalized by fathers who choose to deny their
existence. The growing sophistication of DNA testing technology finally provides a much needed
equalizer for such ostracized and abandoned progeny. We have long believed in the merits of
DNA testing and have repeatedly expressed as much in the past. This case comes at a perfect
time when DNA testing has finally evolved into a dependable and authoritative form of evidence
gathering. We therefore take this opportunity to forcefully reiterate our stand that DNA testing is
a valid means of determining paternity.
As reiterated in the case of People vs. Vallejo 431 Phil. 798 (2002); in assessing the
probative value of DNA evidence, therefore, courts should consider, among other things, the
following data: 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.

The above test is derived from the Daubert Test which is a doctrine adopted from US
jurisprudence (Daubert v. Merrell Dow Pharmaceuticals, Inc.) The Daubert Test is a test to be
employed by courts before admitting scientific test results in evidence. More specifically, the
Daubert Test inquires:
1. Whether the theory or technique can be tested;
2. Whether the proffered work has been subjected to peer review;
3. Whether the rate of error is acceptable; and
4. Whether the method at issue enjoys widespread acceptance.
However, the Supreme Court declared that a 99.9% DNA Test result will not be the most
concrete evidence and conclusive proof, the Vallejo Guidelines must still be complied with.
Illegitimate children have long been marginalized by fathers who choose to deny their
existence. The growing development and sophistication of DNA testing technology provides an
adequate solution to support the rights of abandoned illegitimate children. The merits of DNA
testing have repeatedly been expressed as much in the past. Today, DNA testing has finally
evolved into a dependable and authoritative form of evidence gathering. Thus, it has well been
decided that DNA testing is a valid means of determining paternity.
In conclusion, DNA testing is a valid probative tool in the Philippines. Its high level of
accuracy is highly useful. Promoting its use does not only protect the rights of the people, but it
also results in the improvement of the administration of justice.