Dear PAO,
My ex-boyfriend got me pregnant. However, due to a number of issues, we decided to split up when I was seven months pregnant. When we decided to end our relationship, we agreed to co-parent our daughter. But now that he has a new girlfriend, he is denying that he is the father of our daughter. Are DNA findings recognized in courts? Can I use the result of the DNA test if I decide to file a case against him in the future for support?
Julie Ann
Dear Julie Ann,
Section 9 of AM 06-11-5-SC, otherwise known as Rule on DNA Evidence, states:
“Section 9. Evaluation of DNA Testing Results. – In evaluating the results of DNA testing, the court shall consider the following:
“a. The evaluation of the weight of matching DNA evidence or the relevance of mismatching DNA evidence;
“b. The results of the DNA testing in the light of the totality of the other evidence presented in the case; and that
“c. DNA results that exclude the putative parent from paternity shall be conclusive proof of non-paternity. If the value of the Probability of Paternity is less than 99.9%, the results of the DNA testing shall be considered as corroborative evidence. If the value of the Probability of Paternity is 99.9% or higher, there shall be a disputable presumption of paternity.” (Emphasis and italics supplied)
In accordance with the Rules on DNA Evidence, if the DNA results provide a probability of paternity value of 99.9% or higher, there shall be a disputable presumption of paternity. Disputable presumptions are satisfactory if uncontradicted but may be contradicted and overcome by other evidence.
Further, in the case of Santiago v. Jornacion (GR 230049, Oct. 6, 2021), the Supreme Court, through Associate Justice Rosmari Carandang, held that “the Family Code accepted biological or other scientific reasons to prove that the child could not have been that of the husband’s (save for artificial insemination under Article 164). DNA testing analysis is one of the latest “scientific reasons” covered by Section 166(2) of the Family Code. AM 06-11-5-SC or the Rule on DNA Evidence is an acceptance of this accurate scientific breakthrough of determining not just non-paternity (like in blood testing) but paternity itself. Section 9(c) of the Rule on DNA Evidence categorically states when DNA evidence is considered conclusive proof of non-paternity and when it can be used as proof of paternity.”
Thus, to answer your question, yes, DNA findings are accepted in courts. If the value of the probability of paternity is 99.9% or higher, there shall be a disputable presumption of paternity. Therefore, you can use it as evidence to establish paternity and ask for support for your child.
We hope that we were able to answer your queries. 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 on.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]
