DNA test acceptable method of determining filiation

DNA test acceptable method of determining filiation "I had a girlfriend when I was still assigned in Bacolod some eight years ago. I got transferred to another province and though we wanted to continue our relationship, we decided to end it because we cannot sustain a long distance relationship. I have not heard from her until recently when she contacted me through social media. She was asking me to recognize a child she claims to be ours and to provide support. I have thought about it and I have come to a decision to support the child as long as it is proven that he is really mine. I have been thinking of doing a DNA test. Do you think this is an acceptable resolution? Do I also need to wait for her to sue me before we can proceed with the test? Please advise me on this matter. KarlDear Karl, Issues involving support of illegitimate children are more often than not entangled with questions relating to the proof of their filiation with their putative father. So it is understandable that you are contemplating a DNA test to determine whether the child of your former girlfriend is really yours considering that she is asking you to recognize the child as well as to provide support.As a rule, illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children, that is, through their record of birth appearing in the civil register or a final judgment, or by 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, filiation can be proved by the open and continuous possession of the status of a legitimate child, or by any other means allowed by the Rules of Court and special laws (Article 175 in relation to Article 172, Family Code of the Philippines). While deoxyribonucleic acid (DNA) testing is not specifically mentioned under the law, such procedure, in view of the changing times and the inflow of technology, has become an acceptable method of determining, among others, paternity and filiation. The Supreme Court has acknowledged the vital role of DNA testing and even espoused A.M. No. 06-11-5-SC (2 October 2007), otherwise known as the Rule on DNA Evidence.We wish to impart the ruling laid down by the Supreme Court in the case of the Estate of Rogelio G. Ong vs. Diaz (G.R. No. 171713, December 17, 2007, Ponente: Associate Justice Minita Chico-Nazario), thus: “Amidst the protestation of petitioner against the DNA analysis, the resolution thereof may provide the definitive key to the resolution of the issue of support for minor Joanne. Our articulation in Agustin v. Court of Appeals is particularly relevant, thus:Our faith in DNA testing, however, was not quite so steadfast in the previous decade. In Pe Lim v. Court of Appeals (336 Phil. 741, 270 SCRA 1), promulgated in 1997, we cautioned against the use of DNA because “DNA, being a relatively new science, (had) not as yet been accorded official recognition by our courts. Paternity (would) still have to be resolved by such conventional evidence as the relevant incriminating acts, verbal and written, by the putative father.”In 2001, however, we opened the possibility of admitting DNA as evidence of parentage, as enunciated in Tijing v. Court of Appeals [GR No. 125901, 8 March 2001, 354 SCRA 17]:x x x Parentage will still be resolved using conventional methods unless we adopt the modern and scientific ways available. Fortunately, we have now the facility and expertise in using DNA test for identification and parentage testing. x x x Of course, being a novel scientific technique, the use of DNA test as evidence is still open to challenge. Eventually, as the appropriate case comes, courts should not hesitate to rule on the admissibility of DNA evidence. For it was said, that courts should apply the results of science when competently obtained in aid of situations presented, since to reject said results is to deny progress.” Hence, we do not see anything inappropriate if you propose DNA testing to your former girlfriend to determine whether the child in question is really yours. There should be no problem with her especially if she is certain that you are indeed the child’s father. When it comes right down to it, the results of such procedure may help put all parties’ minds at ease considering that you are willing to provide support for the child if your filiation with him is ultimately determined.Lastly, there is no need for you to wait to be sued to proceed with the DNA testing. You may pursue such testing even before a case is instituted in court as long as you and the mother of the child are willing to proceed with the DNA testing. Under A.M. No. 06-11-5-SC, it is stated:“Sec. 4. Application for DNA Testing Order. – The appropriate court may, at any time, either motu proprio or on application of any person who has a legal interest in the matter in litigation, order a DNA testing. x x xThis Rule shall not preclude a DNA testing, without need of a prior court order, at the behest of any party, including law enforcement agencies, before a suit or proceeding is commenced.” (Emphasis supplied)We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. 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