DNA & Paternity

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PHILIPPINE LAWS ON DNA AND PATERNITY DETERMINATION
By: CRISHANNE HERRERA-ANGELES
DNA paternity testing is referred to as the clinical testing procedure of the DNA samples
of a man and of a child, taken from their bodily fluid or tissue, in order to establish whether that
particular man is the biological father of the child or not. 1 It is often resorted to since fathers with
illegitimate children have been opting to deny the latter’s existence. DNA paternity testing offers
sophisticated, dependable and reliable evidence especially in cases where filiation is being
questioned. As held in the case of Tecson vs Commission on Elections2, filiation proceedings are
typically filed just to establish paternity but also to ascertain the legal rights associated with
paternity such as citizenship, support, or inheritance. The burden of proving paternity lies on the
person who alleges that the putative father is the biological father of the child.
Although the term “DNA testing” was mentioned in the 1995 case of People vs. Teehankee, Jr.,3
it was only in 2001, in the case of Tijing vs. Court of Appeals,4 that DNA analysis was given
more credence. In the latter case, the court issued a writ of habeas corpus against the accused
who abducted petitioners’ youngest son. Then, in the 2002 case of People vs. Vallejo,5 the court
admitted as evidence the DNA profile from the vaginal swabs taken from the rape victim which
matched the accused’s DNA profile. In appraising the probative value of DNA evidence, the
Vallejo case established that the courts should take into account, 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.6

1 http://dnatestingphilippines.blogspot.com/
2 G.R. No. 161434. March 3, 2004
3 319 Phil. 128 (1995)
4 G.R. No. 125901. March 8, 2001
5 431 Phil. 798 (2002)
6 Ibid.

In the 2005 case of Herrera vs. Alba7, the court has given a thorough explanation of DNA
analysis in paternity cases. According to the court, in a paternity test, the forensic scientist looks
at a number of the variable regions in an individual to produce a DNA profile. Comparing next
the DNA profiles of the mother and child, it is possible to determine which half of the child’s
DNA was inherited from the mother. The other half must have been inherited from the biological
father. The alleged father’s profile is then examined to ascertain whether he has the DNA types
in his profile, which match the paternal types in the child. If the man’s DNA types do not match
that of the child, the man is excluded as the father. If the DNA types match, then he is not
excluded as the father.8
It is not enough to state that the child’s DNA profile matches that of the putative father. A
complete match between the DNA profile of the child and the DNA profile of the putative father
does not necessarily establish paternity. For this reason, trial courts should require at least 99.9%
as a minimum value of the Probability of Paternity prior to a paternity inclusion. The said value
is a numerical estimate for the likelihood of paternity of a putative father compared to the
probability of a random match of two unrelated individuals. An appropriate reference population
database, such as the Philippine population database, is required to compute for the minimum
value of the probability of paternity. Due to the probabilistic nature of paternity inclusions, the
minimum value will never equal to 100%. However, the accuracy of the probability of paternity
estimates is higher when the putative father, mother and child are subjected to DNA analysis
compared to those conducted between the putative father and child alone.9
DNA analysis that excludes the putative father from paternity should be conclusive proof
of non-paternity. If the value of W is less than 99.9%, the results of the DNA analysis should be
considered as corroborative evidence. If the value of the probability of paternity is 99.9% or
higher, then there is refutable presumption of paternity.10
It has also been established that there are four significant procedural aspects of a traditional
paternity action which parties have to face: a prima facie case, affirmative defenses,
presumption of legitimacy, and physical resemblance between the putative father and child. A

7 G.R. No. 148220. June 15, 2005
8 Ibid.
9 The State of Louisiana. See Maria Corazon A. De Ungria, Ph.D., Forensic DNA Analysis in Criminal
and Civil Cases, 1 Continuing Legal Educ. L.J. 57 (2001).
10 Ibid.

prima facie case exists if a woman declares that she had sexual relations with the putative
father.11 There are two affirmative defenses available to the putative father. The putative father
may show incapability of sexual relations with the mother, because of either physical absence or
impotency. The putative father may also show that the mother had sexual relations with other
men at the time of conception.12 A child born to a husband and wife during a valid marriage is
presumed legitimate.13 Lastly, as held in the case of Cabatania vs Court of Appeals,14 physical
resemblance between the putative father and child may be offered as part evidence. However,
although likeness is a function of heredity, there is no mathematical formula that could quantify
how much a child must or must not look like his biological father.
In the 2005 landmark case of Agustin vs Court of Appeals,15 a petition for certiorari was
filed posing the issue of whether or not the DNA paternity testing can be ordered in a proceeding
for support without violating petitioner’s constitutional right to privacy and right against selfincrimination. In the said case, petitioner refuses to recognize Martin as his own child and denies
the genuineness and authenticity of the child’s birth certificate which he purportedly signed as
the father. He also claims that the order and resolution of the trial court, as affirmed by the Court
of Appeals, effectively converted the complaint for support to a petition for recognition, which is
supposedly proscribed by law. According to petitioner, Martin, as an unrecognized child, has no
right to ask for support and must first establish his filiation in a separate suit.
In the aforementioned case, petitioner asserts that obtaining samples from him for DNA testing
violates his right against self-incrimination. Section 17, Article 3 of the 1987 Constitution
provides that “no person shall be compelled to be a witness against himself.” The Court rejected
his contention and ruled that the privilege is applicable only to testimonial evidence. Obtaining
DNA samples from an accused in a criminal case or from the respondent in a paternity case will
not violate the right against self-incrimination. This privilege applies only to evidence that is
“communicative” in essence taken under duress.16
11 Executive Order No. 209, otherwise known as the Family Code of the Philippines (Family Code),
Arts. 172-173, 175; Rule 130, Sections 39-40
12 Family Code, Art. 166.
13 Family Code, Arts. 165, 167.
14 G.R. No. 124814. October 21, 2004
15 G.R. No. 162571. June 15, 2005
16 People vs. Olvis, 154 SCRA 513, 1987

The laws of the Family Code which liberalize the rule on the investigation of the paternity and
filiation, especially that of illegitimate children, is without prejudice to the right of the putative
parent to claim his or her own defenses. Where the evidence to support the investigation of the
case is accessible with the use of the facilities of modern science and technology such as DNA
testing, such evidence should be given weight subject to the limits provided by the law, rules,
and jurisprudence.17 This is in consonance with the substantial rights of the parties in an action.

17 Mendoza v. Court of Appeals, G.R. No. 86302, 24 September 1991

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