SINO AKO - Paternity and DNA in Philippine Jurisprudence - Datinguinoo

7/24/2019 SINO AKO - Paternity and DNA in Philippine Jurisprudence - Datinguinoo

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SINO AKO: Concept of Paternity and DNA in Philippine JurisprudenceBy: Juan Paolo Ramos Datinguinoo

Personality is one of the most precious rights vested under the law. In it, a being vestedwith personality assumes all rights and corollary obligations individuals in the same grouppossess. In the case of Sarona vs Tan, legal personality is the foundation of equality 1.

The medieval era, where human advancement was defined by the success of people likeewton and !instein, features incredible progress in the field of technology and medicine. "egal

advancement only came to light upon the arrival of post medieval era, where people beganquestioning what rules must govern men to build a #ust and human society, where conduct isguided by a concrete set of pre$determined rules and not by human instinct alone.

%or years passed, medicine and the law have been distinct fields separated by greatdifferences, but the advent of recent times saw the divergence of the law to medicine, and themedicine to law. ow, the tenets of medicine can be applied to resolve legal issues, and thelegal practice has never been the same.

Two of the most important contributions of medicine in the field of law is theestablishment of clinical procedures to determine personality and paternity via determination of & '.

What is Paternity?

In the case of Ongsiaco vs Clemena , the Supreme (ourt defined paternity as theprocess of determining the filiation of an individual. )* This definition has been qualified bythe same (ourt in the later case of Lucas vs Lucas , where it held that paternity is more thanascertaining ho a child!s parents are" #ut of tracing #ac$ his nature as a child and hatrights accrue to him%her .+ The Supreme (ourt is referring to the classifications of a child srights based on the nature of his filiation, as stated in 'rticle 1-+ and 1- of the Philippine (ivil

(ode which differentiates a legitimate from illegitimate / child.

1 GR No. 185280, January 18, 2012

2 0 o. "$* 2 /, 'ugust **, 13-2

3 0 o. 134514, 6une -, *411

4 'rticle 1-+ of the (ivil (ode of the Philippines

5 'rticle 1- of the (ivil (ode of the Philippines


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"egally speaking, 'rt. 15* of the (ivil (ode of the Philippines provide the following rules for the establishment of paternity of an individual7

a. The record of birth appearing in the civil register or a final #udgment8 or b. 'n admission of legitimate filiation in a public document or a private handwritten

instrument and signed by the parent concerned.In the absence of the mentioned proofs, the following shall take stance7a. The open and continuous possession of the status of a legitimate child8 or b. 'ny other means allowed by the ules of (ourt and special laws.

The case of Ong vs Diaz 6 enlightens us that a person in the Philippine Strata has dualpaternity, the first being natural paternity and second, legal paternity.

In that case, natural paternity is defined as the paternity of a child as proven #y science or #y adoptive methods. This is the paternity that is warranted by the (ourts in determiningsuccession and inheritance issues. 9n the other hand, the second class of paternity is definedin the cases of People vs Baylon 7 and Cabanas vs Pilapi l 8 , which state that every person isdeemed a child of the State, under the concept of Parens Patriae , which gives the State theright to intervene in family issues to protect the interest of a person, such as in cases of childabuse and maltreatment. 9ne main distinction between the two classes of paternity is thatnatural paternity differs from one person to another, while legal paternity is the same for allindividuals. :ence, in establishing paternity in the eyes of law, what the courts determine is thenatural paternity and not the legal one.

In cases resolving familial topics which include succession rights and right to inherit propertiesfrom the estate of a deceased, the Supreme (ourt often warrants a determination of a child snatural paternity thru the process of & ' testing. 'n e;haustive discussion of this type of testfollows.

&he science of DNA testing

The concept of & ' and its relevance in the application of law is underscored by theSupreme (ourt in the case of People vs !atar , where it ruled that7

6 0. . o. 15151+, &ecember 15, *445

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>Deo'yri#onucleic Acid" or DNA" is a molecule that encodesthe genetic information in all living organisms. ' persons & 'is the same in each cell and it does not change throughout apersons lifetime8 the & ' in a persons blood is the same as the& ' found in his saliva, sweat, bone, the root and shaft of hair,earwa;, mucus, urine, skin tissue, and vaginal and rectal cells.


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act and 9T an act which requires the accused to give knowledge to the detriment of his owncause.

In case of & ' testing, the (ourt mentioned the following rules which shall apply when oneparty gives specimens for & ' testing, as highlighted in the leading case of "ucas vs "ucas 1- 7

a. The trial court must hold a hearing on whether & ' testing should be done or not8b. &uring the hearing, the petitioner @the mother or the childA must present evidence to

prove that there is a reasonable possibility the man is the biological father.

(andmar$ decision regarding the importance of DNA &esting

& ' testing has been in use by the Philippine (ourts for several years now, but the most crucialcases decided by the Supreme (ourt via use of & ' testing are the ad#oined cases of Le(anovs People o) t#e P#ilippines *7 and People o) t#e P#ilippines vs +ubert ,ebb *8 , which involvesthe colloquially known as the Bi=conde massacre, where the multiple homicide of members of the Bi=conde family on +4 th of 6une 1331 at their residence in C% :omes, ParaDaque (ity ,(overage on the Bi=conde Trial). The Philippine Star. 'ccessed on 9ctober 1+, *41/. 'vailable atFhttp7GGwww.philstar.comG'rticle.asp; articleIdJ-+ 3 3KpublicationSub(ategoryIdJ-/H
https://en.wikipedia.org/wiki/Homicidehttps://en.wikipedia.org/wiki/Para%C3%B1aque_Cityhttps://en.wikipedia.org/wiki/Philippineshttps://en.wikipedia.org/wiki/Philippineshttps://en.wikipedia.org/wiki/Hubert_Webbhttps://en.wikipedia.org/wiki/Freddie_Webbhttps://en.wikipedia.org/wiki/Para%C3%B1aque_Cityhttps://en.wikipedia.org/wiki/Philippineshttps://en.wikipedia.org/wiki/Hubert_Webbhttps://en.wikipedia.org/wiki/Freddie_Webbhttps://en.wikipedia.org/wiki/Homicide


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This raises the fact that a & ' is conclusive to establish not only a person s paternity but alsohisGher identity which proves crucial to legal cases. The cases of Le(ano vs People and Peoplevs ,ebb informs us that & ' testing, while medically available shall not be suggested motu

proprio -- by the (ourt, hence, it must be suggested and applied for by a party litigant via motion,without which the (ourt cannot proceed to the availing of & ' testing even if the (ourt deems itfit.

DNA &esting to ards efficient administration of )ustice

The purpose of the law cannot be underscored more in the words of Supreme (ourt (hief 6ustice

Documents

SINO AKO - Paternity and DNA in Philippine Jurisprudence - Datinguinoo