THIRD DIVISION

[G.R. No. 162571. June 15, 2005.]

ARNEL L. AGUSTIN, petitioner, vs. HON. COURT OF APPEALS

AND MINOR MARTIN JOSE PROLLAMANTE, REPRESENTED BY
HIS MOTHER/GUARDIAN FE ANGELA PROLLAMANTE,
respondents.

Ciriaco A. Macapagal for petitioner.

Alexander Bansil for private respondent.
SYLLABUS

1. REMEDIAL LAW; ACTIONS; CAUSE OF ACTION; ELEMENTS. — First of

all, the trial court properly denied the petitioner's motion to dismiss because
the private respondents' complaint on its face showed that they had a cause of
action against the petitioner. The elements of a cause of action are: (1) the
plaintiff's primary right and the defendant's corresponding primary duty, and
(2) the delict or wrongful act or omission of the defendant, by which the
primary right and duty have been violated. The cause of action is determined
not by the prayer of the complaint but by the facts alleged.

2. ID.; PROVISIONAL REMEDIES; SUPPORT PENDENTE LITE; MAY BE

INTEGRATED WITH AN ACTION TO COMPEL RECOGNITION; RATIONALE; CASE AT
BAR. — The assailed resolution and order did not convert the action for support
into one for recognition but merely allowed the respondents to prove their
cause of action against petitioner who had been denying the authenticity of the
documentary evidence of acknowledgment. But even if the assailed resolution
and order effectively integrated an action to compel recognition with an action
for support, such was valid and in accordance with jurisprudence. In Tayag v.
Court of Appeals, we allowed the integration of an action to compel recognition
with an action to claim one's inheritance: . . . In Paulino, we held that an
illegitimate child, to be entitled to support and successional rights from the
putative or presumed parent, must prove his filiation to the latter. We also said
that it is necessary to allege in the complaint that the putative father had
acknowledged and recognized the illegitimate child because such
acknowledgment is essential to and is the basis of the right to inherit. There
being no allegation of such acknowledgment, the action becomes one to
compel recognition which cannot be brought after the death of the putative
father. The ratio decidendi in Paulino, therefore, is not the absence of a cause
of action for failure of the petitioner to allege the fact of acknowledgment in the
complaint, but the prescription of the action. Applying the foregoing principles
to the case at bar, although petitioner contends that the complaint filed by
herein private respondent merely alleges that the minor Chad Cuyugan is an
illegitimate child of the deceased and is actually a claim for inheritance, from
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 the allegations therein the same may be considered as one to compel
recognition. Further, that the two causes of action, one to compel recognition
and the other to claim inheritance, may be joined in one complaint is not new in
our jurisprudence. Although the instant case deals with support rather than
inheritance, as in Tayag, the basis or rationale for integrating them remains the
same. Whether or not respondent Martin is entitled to support depends
completely on the determination of filiation. A separate action will only result in
a multiplicity of suits, given how intimately related the main issues in both
cases are. To paraphrase Tayag, the declaration of filiation is entirely
appropriate to these proceedings.
3. ID.; EVIDENCE; DNA TESTING; REASONS FOR ADMISSIBILITY
THEREOF. — Moreover in our en banc decision in People v. Yatar, we affirmed
the conviction of the accused for rape with homicide, the principal evidence for
which included DNA test results. We did a lengthy discussion of DNA, the
process of DNA testing and the reasons for its admissibility in the context of our
own Rules of Evidence: Deoxyribonucleic Acid, or DNA, is a molecule that
encodes the genetic information in all living organisms. A person's DNA is the
same in each cell and it does not change throughout a person's lifetime; the
DNA in a person's blood is the same as the DNA found in his saliva, sweat,
bone, the root and shaft of hair, earwax, mucus, urine, skin tissue, and vaginal
and rectal cells. Most importantly, because of polymorphisms in human genetic
structure, no two individuals have the same DNA, with the notable exception of
identical twins. . . . In assessing the probative value of DNA evidence, courts
should consider, inter alia, the following factors: how the samples were
collected, how they were handled, the possibility of contamination of the
samples, the procedure followed in analyzing the samples, whether proper
standards and procedures were followed in conducting the tests, and the
qualification of the analyst who conducted the tests. In the case at bar, Dr.
Maria Corazon Abogado de Ungria was duly qualified by the prosecution as an
expert witness on DNA print or identification techniques. Based on Dr. de
Ungria's testimony, it was determined that the gene type and DNA profile of
appellant are identical to that of the extracts subject of examination. The blood
sample taken from the appellant showed that he was of the following gene
types: vWA 15/19, TH01 7/8, DHFRP29/10 and CSF1PO 10/11, which are
identical with semen taken from the victim's vaginal canal. Verily, a DNA match
exists between the semen found in the victim and the blood sample given by
the appellant in open court during the course of the trial. Admittedly, we are
just beginning to integrate these advances in science and technology in the
Philippine criminal justice system, so we must be cautious as we traverse these
relatively uncharted waters. Fortunately, we can benefit from the wealth of
persuasive jurisprudence that has developed in other jurisdictions. Specifically,
the prevailing doctrine in the U.S. has proven instructive. In Daubert v. Merrell
D o w (509 U.S. 579 (1993); 125 L. Ed. 2d 469) it was ruled that pertinent
evidence based on scientifically valid principles could be used as long as it was
relevant and reliable. Judges, under Daubert, were allowed greater discretion
over which testimony they would allow at trial, including the introduction of
new kinds of scientific techniques. DNA typing is one such novel procedure.
Under Philippine law, evidence is relevant when it relates directly to a fact in
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 issue as to induce belief in its existence or non-existence. Applying the Daubert
test to the case at bar, the DNA evidence obtained through PCR testing and
utilizing STR analysis, and which was appreciated by the court a quo is relevant
and reliable since it is reasonably based on scientifically valid principles of
human genetics and molecular biology.
4. ID.; ID.; COMPULSORY DNA TESTING NOT A VIOLATION OF THE
RIGHT AGAINST SELF-INCRIMINATION; CASE AT BAR. — Nor does petitioner's
invocation of his right to privacy persuade us. In Ople v. Torres, where we
struck down the proposed national computerized identification system
embodied in Administrative Order No. 308, we said: In no uncertain terms, we
also underscore that the right to privacy does not bar all incursions into
individual privacy. The right is not intended to stifle scientific and technological
advancements that enhance public service and the common good. . . .
Intrusions into the right must be accompanied by proper safeguards that
enhance public service and the common good. Historically, it has mostly been
in the areas of legality of searches and seizures, and the infringement of
privacy of communication where the constitutional right to privacy has been
critically at issue. Petitioner's case involves neither and, as already stated, his
argument that his right against self-incrimination is in jeopardy holds no water.
His hollow invocation of his constitutional rights elicits no sympathy here for the
simple reason that they are not in any way being violated. If, in a criminal case,
an accused whose very life is at stake can be compelled to submit to DNA
testing, we see no reason why, in this civil case, petitioner herein who does not
face such dire consequences cannot be ordered to do the same.
5. ID.; SPECIAL CIVIL ACTIONS; CERTIORARI ; WHEN MAY BE AVAILED
OF. — The foregoing considered, we find no grave abuse of discretion on the
part of the public respondent for upholding the orders of the trial court which
both denied the petitioner's motion to dismiss and ordered him to submit
himself for DNA testing. Under Rule 65 of the 1997 Rules of Civil Procedure, the
remedy of certiorari is only available "when any tribunal, board or officer has
acted without or in excess of its or his jurisdiction, or with grave abuse of
discretion amounting to lack or excess of jurisdiction, and there is no appeal,
nor any plain, speedy and adequate remedy in the ordinary course of law."

6. ID.; ID.; ID.; REMEDY DESIGNED FOR THE CORRECTION OF ERRORS

OF JURISDICTION AND NOT ERRORS OF JUDGMENT; GRAVE ABUSE OF
DISCRETION, EXPLAINED; CASE AT BAR. — In Land Bank of the Philippines v. the
Court of Appeals where we dismissed a special civil action for certiorari under
Rule 65, we discussed at length the nature of such a petition and just what was
meant by "grave abuse of discretion": Grave abuse of discretion implies such
capricious and whimsical exercise of judgment as is equivalent to lack of
jurisdiction or, in other words, where the power is exercised in an arbitrary
manner by reason of passion, prejudice, or personal hostility, and it must be so
patent or gross as to amount to an evasion of a positive duty or to a virtual
refusal to perform the duty enjoined or to act at all in contemplation of law. The
special civil action for certiorari is a remedy designed for the correction of
errors of jurisdiction and not errors of judgment. The raison d'etre for the rule is
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 when a court exercises its jurisdiction, an error committed while so engaged
does not deprive it of the jurisdiction being exercised when the error is
committed. If it did, every error committed by a court would deprive it of its
jurisdiction and every erroneous judgment would be a void judgment. In such a
scenario, the administration of justice would not survive. Hence, where the
issue or question involved affects the wisdom or legal soundness of the
decision — not the jurisdiction of the court to render said decision — the same
is beyond the province of a special civil action for certiorari. The proper
recourse of the aggrieved party from a decision of the CA is a petition for
review on certiorari under Rule 45 of the Revised Rules of Court. On the other
hand, if the error subject of the recourse is one of jurisdiction, or the act
complained of was perpetrated by a quasi-judicial officer or agency with grave
abuse of discretion amounting to lack or excess of jurisdiction, the proper
remedy available to the aggrieved party is a petition for certiorari under Rule
65 of the said Rules. In the instant case, the petitioner has in no way shown any
arbitrariness, passion, prejudice or personal hostility that would amount to
grave abuse of discretion on the part of the Court of Appeals. The respondent
court acted entirely within its jurisdiction in promulgating its decision and
resolution, and any error made would have only been an error in judgment. As
we have discussed, however, the decision of the respondent court, being firmly
anchored in law and jurisprudence, was correct.

DECISION

CORONA, J : p

At issue in this petition for certiorari 1 is whether or not the Court of

Appeals (CA) gravely erred in exercising its discretion, amounting to lack or
excess of jurisdiction, in issuing a decision 2 and resolution 3 upholding the
resolution and order of the trial court, 4 which denied petitioner's motion to
dismiss private respondents' complaint for support and directed the parties to
submit themselves to deoxyribonucleic acid (DNA) paternity testing.

Respondents Fe Angela and her son Martin Prollamante sued Martin's

alleged biological father, petitioner Arnel L. Agustin, for support and support
pendente lite before the Regional Trial Court (RTC) of Quezon City, Branch 106.
5
In their complaint, respondents alleged that Arnel courted Fe in 1992,
after which they entered into an intimate relationship. Arnel supposedly
impregnated Fe on her 34th birthday on November 10, 1999. Despite Arnel's
insistence on abortion, Fe, decided otherwise and gave birth to their child out
of wedlock, Martin, on August 11, 2000 at the Capitol Medical Hospital in
Quezon City. The baby's birth certificate was purportedly signed by Arnel as the
father. Arnel shouldered the pre-natal and hospital expenses but later refused
Fe's repeated requests for Martin's support despite his adequate financial
capacity and even suggested to have the child committed for adoption. Arnel
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 also denied having fathered the child.
On January 19, 2001 while Fe was carrying five-month old Martin at the
Capitol Hills Golf and Country Club parking lot, Arnel sped off in his van, with
the open car door hitting Fe's leg. This incident was reported to the police. In
July 2001, Fe was diagnosed with leukemia and has, since then, been
undergoing chemotherapy. On March 5, 2002, Fe and Martin sued Arnel for
support. 6

In his amended answer, Arnel denied having sired Martin because his
affair and intimacy with Fe had allegedly ended in 1998, long before Martin's
conception. He claimed that Fe had at least one other secret lover. Arnel
admitted that their relationship started in 1993 but "he never really fell in love
with (Fe) not only because (she) had at least one secret lover, a certain Jun, but
also because she proved to be scheming and overly demanding and possessive.
As a result, theirs was a stormy on-and-off affair. What started as a romantic
liaison between two consenting adults eventually turned out to be a case of
fatal attraction where (Fe) became so obsessed with (Arnel), to the point of
even entertaining the idea of marrying him, that she resorted to various
devious ways and means to alienate (him) from his wife and family. . . . Unable
to bear the prospect of losing his wife and children, Arnel terminated the affair
although he still treated her as a friend such as by referring potential
customers to the car aircon repair shop" 7 where she worked. Later on Arnel
found out that Fe had another erstwhile secret lover. In May 2000, Arnel and his
entire family went to the United States for a vacation. Upon their return in June
2000, Arnel learned that Fe was telling people that he had impregnated her.
Arnel refused to acknowledge the child as his because their "last intimacy was
sometime in 1998." 8 Exasperated, Fe started calling Arnel's wife and family. On
January 19, 2001, Fe followed Arnel to the Capitol Hills Golf and Country Club
parking lot to demand that he acknowledge Martin as his child. According to
Arnel, he could not get through Fe and the discussion became so heated that
he had no "alternative but to move on but without bumping or hitting any part
of her body." 9 Finally, Arnel claimed that the signature and the community tax
certificate (CTC) attributed to him in the acknowledgment of Martin's birth
certificate were falsified. The CTC erroneously reflected his marital status, as
single when he was actually married and that his birth year was 1965 when it
should have been 1964. 10
In his pre-trial brief filed on May 17, 2002, Arnel vehemently denied
having sired Martin but expressed willingness to consider any proposal to settle
the case. 11
On July 23, 2002, Fe and Martin moved for the issuance of an order
directing all the parties to submit themselves to DNA paternity testing pursuant
to Rule 28 of the Rules of Court. 12

Arnel opposed said motion by invoking his constitutional right against

self-incrimination. 13 He also moved to dismiss the complaint for lack of cause
of action, considering that his signature on the birth certificate was a forgery
and that, under the law, an illegitimate child is not entitled to support if not
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 recognized by the putative father. 14 In his motion, Arnel manifested that he
had filed criminal charges for falsification of documents against Fe (I.S. Nos. 02-
5723 and 02-7192) and a petition for cancellation of his name appearing in
Martin's birth certificate (docketed as Civil Case No. Q-02-46669). He attached
the certification of the Philippine National Police Crime Laboratory that his
signature in the birth certificate was forged. EaHcDS

The trial court denied the motion to dismiss the complaint and ordered
the parties to submit themselves to DNA paternity testing at the expense of the
applicants. The Court of Appeals affirmed the trial court.

Thus, this petition.

In a nutshell, petitioner raises two issues: (1) whether a complaint for
support can be converted to a petition for recognition and (2) whether DNA
paternity testing can be ordered in a proceeding for support without violating
petitioner's constitutional right to privacy and right against self-incrimination.
15

The petition is without merit. cdjur2005

First of all, the trial court properly denied the petitioner's motion to
dismiss because the private respondents' complaint on its face showed that
they had a cause of action against the petitioner. The elements of a cause of
action are: (1) the plaintiff's primary right and the defendant's corresponding
primary duty, and (2) the delict or wrongful act or omission of the defendant, by
which the primary right and duty have been violated. The cause of action is
determined not by the prayer of the complaint but by the facts alleged. 16
In the complaint, private respondents alleged that Fe had amorous
relations with the petitioner, as a result of which she gave birth to Martin out of
wedlock. In his answer, petitioner admitted that he had sexual relations with Fe
but denied that he fathered Martin, claiming that he had ended the relationship
long before the child's conception and birth. It is undisputed and even admitted
by the parties that there existed a sexual relationship between Arnel and Fe.
The only remaining question is whether such sexual relationship produced the
child, Martin. If it did, as respondents have alleged, then Martin should be
supported by his father Arnel. If not, petitioner and Martin are strangers to each
other and Martin has no right to demand and petitioner has no obligation to
give support.
Preliminaries aside, we now tackle the main issues.
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 under Article 283 17 in relation to Article 265 18 of the Civil Code and
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 Section 1, Rule 105 19 of the Rules of Court.

The petitioner's contentions are without merit.

The assailed resolution and order did not convert the action for support
into one for recognition but merely allowed the respondents to prove their
cause of action against petitioner who had been denying the authenticity of the
documentary evidence of acknowledgement. But even if the assailed resolution
and order effectively integrated an action to compel recognition with an action
for support, such was valid and in accordance with jurisprudence. In Tayag v.
Court of Appeals, 20 we allowed the integration of an action to compel
recognition with an action to claim one's inheritance:
. . . In Paulino, we held that an illegitimate child, to be entitled to
support and successional rights from the putative or presumed parent,
must prove his filiation to the latter. We also said that it is necessary to
allege in the complaint that the putative father had acknowledged and
recognized the illegitimate child because such acknowledgment is
essential to and is the basis of the right to inherit. There being no
allegation of such acknowledgment, the action becomes one to compel
recognition which cannot be brought after the death of the putative
father. The ratio decidendi in Paulino, therefore, is not the absence of a
cause of action for failure of the petitioner to allege the fact of
acknowledgment in the complaint, but the prescription of the action. cEDaTS

Applying the foregoing principles to the case at bar, although

petitioner contends that the complaint filed by herein private
respondent merely alleges that the minor Chad Cuyugan is an
illegitimate child of the deceased and is actually a claim for
inheritance, from the allegations therein the same may be considered
as one to compel recognition. Further, that the two causes of action,
one to compel recognition and the other to claim inheritance, may be
joined in one complaint is not new in our jurisprudence.
As early as [1922] we had occasion to rule thereon in Briz vs.
Briz, et al. (43 Phil. 763. [1922]) wherein we said:

The question whether a person in the position of the

present plaintiff can in any event maintain a complex action to
compel recognition as a natural child and at the same time to
obtain ulterior relief in the character of heir, is one which in the
opinion of this court must be answered in the affirmative,
provided always that the conditions justifying the joinder of the
two distinct causes of action are present in the particular case. In
other words, there is no absolute necessity requiring that the
action to compel acknowledgment should have been instituted
and prosecuted to a successful conclusion prior to the action in
which that same plaintiff seeks additional relief in the character
of heir. Certainly, there is nothing so peculiar to the action to
compel acknowledgment as to require that a rule should be here
applied different from that generally applicable in other cases. . .
.
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 The conclusion above stated, though not heretofore
explicitly formulated by this court, is undoubtedly to some extent
supported by our prior decisions. Thus, we have held in
numerous cases, and the doctrine must be considered well
settled, that a natural child having a right to compel
acknowledgment, but who has not been in fact legally
acknowledged, may maintain partition proceedings for the
division of the inheritance against his coheirs . . .; and the same
person may intervene in proceedings for the distribution of the
estate of his deceased natural father, or mother . . . In neither of
these situations has it been thought necessary for the plaintiff to
show a prior decree compelling acknowledgment. The obvious
reason is that in partition suits and distribution proceedings the
other persons who might take by inheritance are before the
court; and the declaration of heirship is appropriate to such
proceedings. (Emphasis supplied)

Although the instant case deals with support rather than inheritance, as in
Tayag, the basis or rationale for integrating them remains the same. Whether
or not respondent Martin is entitled to support depends completely on the
determination of filiation. A separate action will only result in a multiplicity of
suits, given how intimately related the main issues in both cases are. To
paraphrase Tayag, the declaration of filiation is entirely appropriate to these
proceedings.
On the second issue, petitioner posits that DNA is not recognized by this
Court as a conclusive means of proving paternity. He also contends that
compulsory testing violates his right to privacy and right against self-
incrimination as guaranteed under the 1987 Constitution. These contentions
have no merit.

Given that this is the very first time that the admissibility of DNA testing
as a means for determining paternity has actually been the focal issue in a
controversy, a brief historical sketch of our past decisions featuring or
mentioning DNA testing is called for.
In the 1995 case of People v. Teehankee 21 where the appellant was
convicted of murder on the testimony of three eyewitnesses, we stated as an
obiter dictum that "while eyewitness identification is significant, it is not as
accurate and authoritative as the scientific forms of identification evidence such
as the fingerprint or the DNA test result (emphasis supplied)."
Our faith in DNA testing, however, was not quite so steadfast in the
previous decade. In Pe Lim v. Court Appeals , 22 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: 23

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 A final note. 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. The University of the
Philippines Natural Science Research Institute (UP-NSRI) DNA Analysis
Laboratory has now the capability to conduct DNA typing using short
tandem repeat (STR) analysis. The analysis is based on the fact that
the DNA of a child/person has two (2) copies, one copy from the mother
and the other from the father. The DNA from the mother, the alleged
father and child are analyzed to establish parentage. 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 result into deny progress.AHDaET

The first real breakthrough of DNA as admissible and authoritative

evidence in Philippine jurisprudence came in 2002 with our en banc decision in
People v. Vallejo 24 where the rape and murder victim's DNA samples from the
bloodstained clothes of the accused were admitted in evidence. We reasoned
that "the purpose of DNA testing (was) to ascertain whether an association
exist(ed) between the evidence sample and the reference sample. The samples
collected (were) subjected to various chemical processes to establish their
profile."
A year later, in People v. Janson , 25 we acquitted the accused charged
with rape for lack of evidence because "doubts persist(ed) in our mind as to
who (were) the real malefactors. Yes, a complex offense (had) been
perpetrated but who (were) the perpetrators? How we wish we had DNA or
other scientific evidence to still our doubts!"
In 2004, in Tecson, et al. v. COMELEC 26 where the Court en banc was
faced with the issue of filiation of then presidential candidate Fernando Poe Jr.,
we stated:
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. A positive match would clear up filiation or
paternity. In Tijing vs. Court of Appeals, this Court has acknowledged
the strong weight of DNA testing. . . .

Moreover in our en banc decision in People v. Yatar , 27 we affirmed the

conviction of the accused for rape with homicide, the principal evidence for
which included DNA test results. We did a lengthy discussion of DNA, the
process of DNA testing and the reasons for its admissibility in the context of our
own Rules of Evidence:
Deoxyribonucleic Acid, or DNA, is a molecule that encodes the
genetic information in all living organisms. A person's DNA is the same
in each cell and it does not change throughout a person's lifetime; the
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 DNA in a person's blood is the same as the DNA found in his saliva,
sweat, bone, the root and shaft of hair, earwax, mucus, urine, skin
tissue, and vaginal and rectal cells. Most importantly, because of
polymorphisms in human genetic structure, no two individuals have
the same DNA, with the notable exception of identical twins.
xxx xxx xxx
In assessing the probative value of DNA evidence, courts should
consider, inter alia, the following factors: how the samples were
collected, how they were handled, the possibility of contamination of
the samples, the procedure followed in analyzing the samples, whether
proper standards and procedures were followed in conducting the
tests, and the qualification of the analyst who conducted the tests.
In the case at bar, Dr. Maria Corazon Abogado de Ungria was
duly qualified by the prosecution as an expert witness on DNA print or
identification techniques. Based on Dr. de Ungria's testimony, it was
determined that the gene type and DNA profile of appellant are
identical to that of the extracts subject of examination. The blood
sample taken from the appellant showed that he was of the following
gene types: vWA 15/19, TH01 7/8, DHFRP29/10 and CSF1PO 10/11,
which are identical with semen taken from the victim's vaginal canal.
Verily, a DNA match exists between the semen found in the victim and
the blood sample given by the appellant in open court during the
course of the trial.
Admittedly, we are just beginning to integrate these advances in
science and technology in the Philippine criminal justice system, so we
must be cautious as we traverse these relatively uncharted waters.
Fortunately, we can benefit from the wealth of persuasive
jurisprudence that has developed in other jurisdictions. Specifically, the
prevailing doctrine in the U.S. has proven instructive.
I n Daubert v. Merrell Dow (509 U.S. 579 (1993); 125 L. Ed. 2d
469) it was ruled that pertinent evidence based on scientifically valid
principles could be used as long as it was relevant and reliable. Judges,
under Daubert, were allowed greater discretion over which testimony
they would allow at trial, including the introduction of new kinds of
scientific techniques. DNA typing is one such novel procedure. SATDEI

Under Philippine law, evidence is relevant when it relates directly

to a fact in issue as to induce belief in its existence or non-existence.
Applying the Daubert test to the case at bar, the DNA evidence
obtained through PCR testing and utilizing STR analysis, and which was
appreciated by the court a quo is relevant and reliable since it is
reasonably based on scientifically valid principles of human genetics
and molecular biology.

Significantly, we upheld the constitutionality of compulsory DNA testing

and the admissibility of the results thereof as evidence. In that case, DNA
samples from semen recovered from a rape victim's 'vagina were used to
positively identify the accused Joel "Kawit" Yatar as the rapist. Yatar claimed
that the compulsory extraction of his blood sample for DNA testing, as well as
the testing itself, violated his right against self-incrimination, as embodied in
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 both Sections 12 and 17 of Article III of the Constitution. We addressed this as
follows:

The contention is untenable. The kernel of the right is not against

all compulsion, but against testimonial compulsion. The right against
self-incrimination is simply against the legal process of extracting from
the lips of the accused an admission of guilt. It does not apply where
the evidence sought to be excluded is not an incrimination but as part
of object evidence.

Over the years, we have expressly excluded several kinds of object

evidence taken from the person of the accused from the realm of self-
incrimination. These include photographs, 28 hair, 29 and other bodily
substances. 30 We have also declared as constitutional several procedures
performed on the accused such as pregnancy tests for women accused of
adultery, 31 expulsion of morphine from one's mouth 32 and the tracing of one's
foot to determine its identity with bloody footprints. 33 In Jimenez v. Cañizares,
34 we even authorized the examination of a woman's genitalia, in an action for

annulment filed by her husband, to verify his claim that she was impotent, her
orifice being too small for his penis. Some of these procedures were, to be
sure, rather invasive and involuntary, but all of them were constitutionally
sound. DNA testing and its results, per our ruling in Yatar, 35 are now similarly
acceptable.

Nor does petitioner's invocation of his right to privacy persuade us. In

Ople v. Torres , 36 where we struck down the proposed national computerized
identification system embodied in Administrative Order No. 308 we said:
In no uncertain terms, we also underscore that the right to
privacy does not bar all incursions into individual privacy. The right is
not intended to stifle scientific and technological advancements that
enhance public service and the common good. . . . Intrusions into the
right must be accompanied by proper safeguards that enhance public
service and the common good.

Historically, it has mostly been in the areas of legality of searches and

seizures, 37 and the infringement of privacy of communication 38 where the
constitutional right to privacy has been critically at issue. Petitioner's case
involves neither and, as already stated, his argument that his right against self-
incrimination is in jeopardy holds no water. His hollow invocation of his
constitutional rights elicits no sympathy here for the simple reason that they
are not in any way being violated. If, in a criminal case, an accused whose very
life is at stake can be compelled to submit to DNA testing, we see no reason
why, in this civil case, petitioner herein who does not face such dire
consequences cannot be ordered to do the same.

DNA paternity testing first came to prominence in the United States,

where it yielded its first official results sometime in 1985. In the decade that
followed, DNA rapidly found widespread general acceptance. 39 Several cases
decided by various State Supreme Courts reflect the total assimilation of DNA
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 testing into their rules of procedure and evidence.
The case of Wilson v. Lumb 40 shows that DNA testing is so commonly
accepted that, in some instances, ordering the procedure has become a
ministerial act. The Supreme Court of St. Lawrence County, New York allowed a
party who had already acknowledged paternity to subsequently challenge his
prior acknowledgment. The Court, pointed out that, under the law, specifically
Section 516 of the New York Family Court Act, the Family Court examiner had
the duty, upon receipt of the challenge, to order DNA tests: 41
§ 516-a. Acknowledgment of paternity. (a) An
acknowledgment of paternity executed pursuant to section one
hundred eleven-k of the social services law or section four thousand
one hundred thirty-five-b of the public health law shall establish the
paternity of and liability for the support of a child pursuant to this act.
Such acknowledgment must be reduced to writing and filed pursuant to
section four thousand one hundred thirty-five-b of the public health law
with the registrar of the district in which the birth occurred and in
which the birth certificate has been filed. No further judicial or
administrative proceedings are required to ratify an unchallenged
acknowledgment of paternity. aATCDI

(b) An acknowledgment of paternity executed pursuant to

section one hundred eleven-k of the social services law or section four
thousand one hundred thirty-five-b of the public health law may be
rescinded by either signator's filing of a petition with the court to
vacate the acknowledgment within the earlier of sixty days of the date
of signing the acknowledgment or the date of an administrative or a
judicial proceeding (including a proceeding to establish a support
order) relating to the child in which either signator is a party. For
purposes of this section, the "date of an administrative or a judicial
proceeding" shall be the date by which the respondent is required to
answer the petition. After the expiration of sixty days of the execution
of the acknowledgment, either signator may challenge the
acknowledgment of paternity in court only on the basis of fraud,
duress, or material mistake of fact, with the burden of proof on the
party challenging the voluntary acknowledgment. Upon receiving a
party's challenge to an acknowledgment, the court shall order genetic
marker tests or DNA tests for the determination of the child's paternity
and shall make a finding of paternity, if appropriate, in accordance with
this article. Neither signator's legal obligations, including the obligation
for child support arising from the acknowledgment, may be suspended
during the challenge to the acknowledgment except for good cause as
the court may find. If a party petitions to rescind an acknowledgment
and if the court determines that the alleged father is not the father of
the child, or if the court finds that an acknowledgment is invalid
because it was executed on the basis of fraud, duress, or material
mistake of fact, the court shall vacate the acknowledgment of paternity
and shall immediately provide a copy of the order to the registrar of
the district in which the child's birth certificate is filed and also to the
putative father registry operated by the department of social services
pursuant to section three hundred seventy-two-c of the social services
law. In addition, if the mother of the child who is the subject of the
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 acknowledgment is in receipt of child support services pursuant to title
six-A of article three of the social services law, the court shall
immediately provide a copy of the order to the child support
enforcement unit of the social services district, that provides the
mother with such services.

(c) A determination of paternity made by any other state,

whether established through the parents' acknowledgment of paternity
or through an administrative or judicial process, must be accorded full
faith and credit, if and only if such acknowledgment meets the
requirements set forth in section 452(a)(7) of the social security act.
(emphasis supplied)

DNA testing also appears elsewhere in the New York Family Court Act: 42
§532. Genetic marker and DNA tests; admissibility of records or
reports of test results; costs of tests.

a) The court shall advise the parties of their right to one or

more genetic marker tests or DNA tests and, on the court's own motion
or the motion of any party, shall order the mother, her child and the
alleged father to submit to one or more genetic marker or DNA tests of
a type generally acknowledged as reliable by an accreditation body
designated by the secretary of the federal department of health and
human services and performed by a laboratory approved by such an
accreditation body and by the commissioner of health or by a duly
qualified physician to aid in the determination of whether the alleged
father is or is not the father of the child. No such test shall be ordered,
however, upon a written finding by the court that it is not in the best
interests of the child on the basis of res judicata, equitable estoppel, or
the presumption of legitimacy of a child born to a married woman. The
record or report of the results of any such genetic marker or DNA test
ordered pursuant to this section or pursuant to section one hundred
eleven-k of the social services law shall be received in evidence by the
court pursuant to subdivision (e) of rule forty-five hundred eighteen of
the civil practice law and rules where no timely objection in writing has
been made thereto and that if such timely objections are not made,
they shall be deemed waived and shall not be heard by the court. If the
record or report of the results of any such genetic marker or DNA test
or tests indicate at least a ninety-five, percent probability of paternity,
the admission of such record or report shall create a rebuttable
presumption of paternity, and shall establish, if unrebutted, the
paternity of and liability for the support of a child pursuant to this
article and article four of this act. HEITAD

(b) Whenever the court directs a genetic marker or DNA test

pursuant to this section, a, report made as provided in subdivision (a)
of this section may be received in evidence pursuant to rule forty-five,
hundred eighteen of the civil practice law and rules if offered by any
party.

(c) The cost of any test ordered pursuant to subdivision (a) of

this section shall be, in the first instance, paid by the moving party. If
the moving party is financially unable to pay such cost, the court may
direct any qualified public health officer to conduct such test, if
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 practicable; otherwise, the court may direct payment from the funds of
the appropriate local social services district. In its order of disposition,
however, the court may direct that the cost of any such test be
apportioned between the parties according to their respective abilities
to pay or be assessed against the party who does not prevail on the
issue of paternity, unless such party is financially unable to pay.
(emphasis supplied)

In R.E. v. C.E.W., 43 a decision of the Mississippi Supreme Court, DNA tests

were used to prove that H.W. previously thought to be an offspring of the
marriage between A.C.W. and C.E.W., was actually the child of R.E. with whom
C.E.W. had, the time of conception, maintained an adulterous relationship.
In Erie County Department of Social Services on behalf of Tiffany M.H. v.
Greg G. , 44 the 4th Department of the New York Supreme Court's Appellate
Division allowed G.G., who had been adjudicated as T.M.H.'s father by default,
to have the said judgment vacated, even after six years, once he had shown
through a genetic marker test that he was not the child's father. In this case,.
G.G. only, requested the tests after the Department of Social Services, six years
after G.G. had been adjudicated as T.M.H.'s father, sought an increase in his
support obligation to her.
I n Greco v. Coleman, 45 the Michigan Supreme Court while ruling on the
constitutionality of a provision of law allowing non-modifiable support
agreements pointed out that it was because of the difficulty of determining
paternity before the advent of DNA testing that such support agreements were
necessary:
As a result of DNA testing, the accuracy with which paternity can
be proven has increased significantly since the parties in this lawsuit
entered into their support agreement . . . (current testing methods can
determine the probability of paternity to 99.999999% accuracy).
However, at the time the parties before us entered into the disputed
agreement, proving paternity was a very significant obstacle to an
illegitimate child's access to child support. The first reported results of
modern DNA paternity testing did not occur until 1985. ("In fact, since
its first reported results in 1985, DNA matching has progressed to
'general acceptance in less than a decade'"). Of course, while prior
blood-testing methods could exclude some males from being the
possible father of a child, those methods could not affirmatively
pinpoint a particular male as being the father. Thus, when the
settlement agreement between the present parties was entered in
1980, establishing paternity was a far more difficult ordeal than at
present. Contested paternity actions at that time were often no more
than credibility contests. Consequently, in every, contested paternity
action, obtaining child support depended not merely on whether the
putative father was, in fact, the child's biological father, but rather on
whether the mother could prove to a court of law that she was only
sexually involved with one man — the putative father. Allowing parties
the option of entering into private agreements in lieu of proving
paternity eliminated the risk that the mother would be unable meet
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 her burden of proof. ITSacC

It is worth noting that amendments to Michigan's Paternity law have

included the use of DNA testing: 46
§722.716 Pretrial proceedings; blood or tissue typing
determinations as to mother, child, and alleged father; court order;
refusal to submit to typing or identification profiling; qualifications of
person conducting typing or identification profiling; compensation of
expert; result of typing or identification profiling; filing summary
report; objection; admissibility; presumption; burden of proof;
summary disposition.
Sec. 6.

(1) In a proceeding under this act before trial, the court, upon
application made by or on behalf of either party, or on its own motion,
shall order that the mother, child, and alleged father submit to blood or
tissue typing determinations, which may include, but are not limited to,
determinations of red cell antigens, red cell isoenzymes, human
leukocyte antigens, serum proteins, or DNA identification profiling, to
determine whether the alleged father is likely to be, or is not, the
father of the child. If the court orders a blood or tissue typing or DNA
identification profiling to be conducted and a party refuses to submit to
the typing or DNA identification profiling, in addition to any other
remedies available, the court may do either of the following:
(a) Enter a default judgment at the request of the appropriate
party.
(b) If a trial is held, allow the disclosure of the fact of the
refusal unless good cause is shown for not disclosing the fact of
refusal.
(2) A blood or tissue typing or DNA identification profiling
shall be conducted by a person accredited for paternity determinations
by a nationally recognized scientific organization, including, but not
limited to, the American association of blood banks.
xxx xxx xxx

(5) If the probability of paternity determined by the qualified

person described in subsection (2) conducting the blood or tissue
typing or DNA identification profiling is 99% or higher, and the DNA
identification profile and summary report are admissible as provided in
subsection (4) paternity is presumed. If the results of the analysis of
genetic testing material from 2 or more persons indicate a probability
of paternity greater than 99%, the contracting laboratory shall conduct
additional genetic paternity testing until all but 1 of the putative
fathers is eliminated, unless the dispute involves 2 or more putative
fathers who have identical DNA.
(6) Upon the establishment of the presumption of paternity as
provided in subsection (5), either party may move for summary
disposition under the court rules this section does not abrogate the
right of either party to child support from the date of birth of the child if
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 applicable under section 7. (emphasis supplied)

In Rafferty vs. Perkins, 47 the Supreme Court of Mississippi ruled that DNA
test results showing paternity were sufficient to overthrow the presumption of
legitimacy of a child born during the course of a marriage:
The presumption of legitimacy having been rebutted by the
results of the blood test eliminating Perkins as Justin's father, even
considering the evidence in the light most favorable to Perkins, we find
that no reasonable jury could find that Easter is not Justin's father
based upon the 99.94% probability of paternity concluded by the DNA
testing.

In S.J.F. and J.C.F. v. R.C.W., 48 the North Dakota Supreme Court upheld an
order for genetic testing given by the Court of Appeals, even after trial on the
merits had concluded without such order being given. Significantly, when J.C.F.,
the mother, first filed the case for paternity and support with the District Court,
neither party requested genetic testing. It was only upon appeal from dismissal
of the case that the appellate court remanded the case and ordered the testing,
which the North Dakota Supreme Court upheld. CacISA

The case of Kohl v. Amundson, 49 decided by the Supreme Court of South

Dakota, demonstrated that even default judgments of paternity could be
vacated after the adjudicated father had, through DNA testing, established non-
paternity. In this case Kohl, having excluded himself as the father of
Amundson's child through DNA testing, was able to have the default judgment
against him vacated. He then obtained a ruling ordering Amundson to
reimburse him for the amounts withheld from his wages for child support. The
Court said "(w)hile Amundson may have a remedy against the father of the
child, she submit(ted) no authority that require(d) Kohl to support her child.
Contrary to Amundson's position, the fact that a default judgment was entered,
but subsequently vacated, (did) not foreclose Kohl from obtaining a money
judgment for the amount withheld from his wages."

In M.A.S v. Mississippi Dept. of Human Services, 50 another case decided

by the Supreme Court of Mississippi; it was held that even if paternity was
established through an earlier agreed order of filiation, child support and
visitation orders could still be vacated once DNA testing established someone
other than the named individual to be the biological father. The Mississippi High
Court reiterated this doctrine in Williams v. Williams. 51

The foregoing considered we find no grave abuse of discretion on the part

of the public respondent for upholding the orders of the trial court which both
denied the petitioner's motion to dismiss and ordered him to submit himself for
DNA testing. Under Rule 65 of the 1997 Rules of Civil Procedure, the remedy of
certiorari is only available "when any tribunal, board or officer has acted
without or in excess of its or his jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction, and there is no appeal, nor any
plain, speedy and adequate remedy in the ordinary course of law." 52 In Land
Bank of the Philippines v. the Court of Appeals 53 where we dismissed a special
civil action for certiorari under Rule 65 we discussed at length the nature of
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 such a petition and just what was meant by "grave abuse of discretion":
Grave abuse of discretion implies such capricious and whimsical
exercise of judgment as is equivalent to lack of jurisdiction or, in other
words, where the power is exercised in an arbitrary manner by reason
of passion, prejudice, or personal hostility, and it must be so patent or
gross as to amount to an evasion of a positive duty or to a virtual
refusal to perform the duty enjoined or to act at all in contemplation of
law. IcEaST

The special civil action for certiorari is a remedy designed for the
correction of errors of jurisdiction and not errors of judgment. The
raison d'etre for the rule is when a court exercises its jurisdiction, an
error committed while so engaged does not deprive it of the jurisdiction
being exercised when the error is committed. If it did, every error
committed by a court would deprive it of its jurisdiction and every
erroneous judgment would be a void judgment. In such a scenario, the
administration of justice would not survive. Hence, where the issue or
question involved affects the wisdom or legal soundness of the decision
— not the jurisdiction of the court to render said decision — the same is
beyond the province of a special civil action for certiorari.

The proper recourse of the aggrieved party from a decision of the

CA is a petition for review on certiorari under Rule 45 of the Revised
Rules of Court. On the other hand, if the error subject of the recourse is
one of jurisdiction, or the act complained of was perpetrated by a
quasi-judicial officer or agency with grave abuse of discretion
amounting to lack or excess of jurisdiction, the proper remedy available
to the aggrieved party is a petition for certiorari under Rule 65 of the
said Rules. (emphasis supplied)

In the instant case, the petitioner has in no way shown any arbitrariness,
passion, prejudice or personal hostility that would amount to grave abuse of
discretion on the part of the Court of Appeals. The respondent court acted
entirely within its jurisdiction in promulgating its decision and resolution, and
any error made would have only been an error in judgment. As we have
discussed, however, the decision of the respondent court, being firmly
anchored in law and jurisprudence, was correct.

EPILOGUE

For too long, illegitimate children have been marginalized by fathers who
choose to deny their existence. The growing sophistication of DNA testing
technology finally provides a much needed equalizer for such ostracized and
abandoned progeny. We have long believed in the merits of DNA testing and
have repeatedly expressed as much in the past. This case comes at a perfect
time when DNA testing has finally evolved into a dependable and authoritative
form of evidence gathering. We therefore take this opportunity to forcefully
reiterate our stand that DNA testing is a valid means of determining paternity.

WHEREFORE, in view of the foregoing, the petition is hereby DENIED. The

Court of Appeals' decision dated January 28, 2004 in CA-G.R. SP No. 80961 is
hereby AFFIRMED in toto.
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 Costs against petitioner.

Panganiban, Sandoval-Gutierrez, Carpio Morales and Garcia, JJ., concur.

Footnotes

1. Under Rule 65 of the Rules of Court.

2. CA Decision dated January 28, 2004 in CA-G.R. SP No. 80961, penned by
Associate Justice Martin S. Villarama, Jr. and concurred in by Associate
Justices Mario L. Guariña III and Jose C. Reyes, Jr. of the Seventeenth Division;
Rollo , pp. 32-39.
3. CA Resolution dated March 8, 2004 (affirming the January 28, 2004 CA
Decision) in CA-G.R. SP No. 80961, penned by Associate Justice Martin S.
Villarama, Jr. and concurred in by Associate Justices Mario L. Guariña III and
Jose C. Reyes, Jr. of the Seventeenth Division.; Rollo, pp. 41-43.

4. Resolution dated November 8, 2002 and order dated February 5, 2003 in

Civil Case No. Q-02-46301, both penned by Presiding Judge Natividad Giron
Dizon of the Regional Trial Court of Quezon City Branch 106; Rollo , pp. 157-
159 and 171-172.

5. Docketed as Civil Case No. Q-02-46301, Rollo , pp. 55-60.

6. Rollo , pp. 55-60.
7. Rollo , p. 103.
8. Rollo , p. 104.
9. Rollo , p. 105.
10. Rollo , pp. 101-109.
11. Rollo , pp. 111-114.
12. Rollo , pp. 132-137.
13. Rollo , pp. 138-139.
14. Rollo , pp. 140-143.
15. Rollo , pp. 10-11 and 21.
16. Nicanor G. de Guzman, Jr. v. CA, et al., G.R. No. 92029, 20 December 1990,
192 SCRA 507.

17. Art. 283. In any of the following cases, the father is obliged to recognize the
child as his natural child:
(1) In cases of rape, abduction or seduction, when the period of the
offense coincides more or less with that of the conception;

(2) When the child is in continuous possession of status of a child of

the alleged father by the direct acts of the latter or of his family;
(3) When the child was conceived during the time when the mother
cohabited with the supposed father;
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 (4) When the child has in his favor any evidence or proof that the
defendant is his father.
(5)

18. Art. 265. The filiation of legitimate children is proved by the record of birth
appearing in the Civil Register, or by an authentic document or a final
judgment.
19. SECTION 1. Venue. — Where judicial approval of a voluntary recognition of a
minor natural child is required, such child or his parents shall obtain the
same by filing a petition to that effect with the Court of First Instance of the
province in which the child resides. In the City of Manila, the petition shall be
filed in the Juvenile and Domestic Relations Court.
20. G.R. No. 95299, 9 June 1992, 209 SCRA 665.

21. 319 Phil. 128 (1995).

22. 336 Phil. 741 (1997).

23. G.R. No. 125901, 8 March 2001, 354 SCRA 17.

24. G.R. No. 144656, 9 May 2002, 382 SCRA 192.

25. G.R. No. 125938, 4 April 2003, 400 SCRA 584.

26. G.R. Nos. 161434, 161634, and 161824, 3 March 2004.

27. G.R. No. 150224, 19 May 2004.

28. People v. Gallarde, 382 Phil. 718 (2000).
29. People v. Rondero, 378 Phil. 123 (1999).
30. U.S. v. Tan Teng , 23 Phil. 145 (1912).
31. Villaflor v. Summers, 41 Phil. 62 (1920).
32. U.S. v. Ong Siu Hong, 36 Phil. 735 (1917).
33. U.S. v. Salas , 25 Phil. 337 (1913).
34. 109 Phil. 273 (1960).

35. Supra.
36. 354 Phil. 948 (1998).

37. Republic v. Sandiganbayan, et al., G.R. No. 104768, 21 July 2003, 407 SCRA
10; People v. Valdez , 363 Phil 481 (1999); Aniag v. Comelec, et al., G.R. No.
104961, 7 October 1994, 237 SCRA 424; MHP Garments v. CA, et al., G.R. No.
86720, 2 September 1994, 236 SCRA 227; 20th Century Fox v. Court of
Appeals, et al., No. L-76649-51, 19 August 1988, 164 SCRA 655; People v.
Burgos, 228 Phil. 1 (1986); Villanueva v. Querubin 150-C Phil. 519 (1972).
38. Waterous Drug v. NLRC, et al., 345 Phil. 982 (1997); Zulueta v. CA, et al.,
324 Phil. 63 (1996).
39. Greco v. Coleman, 615 N.W. 2d 218 (Mich. 2000).
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 40. 181 Misc 2d 1033 (1999).

41. NYSCL, Ch. 686, Article 5, Part 1, Section 516.

42. NYSCL, Ch. 686, Article 5, Part 3, Section 532.

43. 752 So. 2d 1019 (Miss. 1999).

44. 273 AD 2d 919 (NY 2000).

45. Supra.
46. MCCLA 722.716 § 6.

47. 757 So. 2d 992 (Miss. 2000).

48. 615 N.W. 2d 533 (ND 2000).

49. 620 N.W.2d 606 (SD 2001).

50. 842 So. 2d 527 (Miss. 2003).

51. 843 So. 2d 720 (Miss. 2003).

52. Section 1, Rule 65, Rules of Court.

53. G.R. No. 129368, 25 August 2003, 409 SCRA 455.

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