FACTS:
The Estate of Rogelio Ong opposed on the CA order directing the Estate and Joanne Rodgin Diaz for DNA analysis for determining the paternity of the minor Joanne. Trial court formerly rendered a decision and declared the minor to be the illegitimate child of Rogelio Ong with Jinky Diaz, and ordering him to support the child until she reaches the age of majority. Rogelio died during the pendency of the case with the CA. The Estate filed a motion for reconsideration with the CA. They contended that a dead person cannot be subject to testing. CA justified that "DNA paternity testing, as current jurisprudence affirms, would be the most reliable and effective method of settling the present paternity dispute."
ISSUE:
Whether or not DNA analysis can still be done despite the death of Rogelio.
RULING:
Yes.
The death of Rogelio does not ipso facto negate the application of DNA testing for as long as there exist appropriate biological samples of his DNA. New Rules on DNA Evidence allows the conduct of DNA testing by using biological samples--organic material originating from the person's body, ie., blood, saliva, other body fluids, tissues, hair, bones, even inorganic materials- that is susceptible to DNA testing.
In case proof of filiation or paternity would be unlikely
to satisfactorily establish or would be difficult to obtain, DNA testing, which
examines genetic codes obtained from body cells of the illegitimate child and
any physical residue of the long dead parent could be resorted to. (People vs Umanito, citing Tecson vs Comelec 424 SCRA 277)
