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Lucas v. Lucas, GR 190710
Whether a prima facie showing is necessary before a court can issue a DNA testing order.
Jesse failed to establish a prima facie case considering that (a) his mother did not personally declare that she had sexual relations with Jesus, and Jesse’s statement as to what his mother told him about his father was clearly hearsay; (b) the birth cert was not signed by Jesus; and (c) although Jesse used the surname of Jesus, there was no allegation that he was treated as the child of Jesus by the latter or his family.
The statement in Herrera v. Alba that there are four (4) significant procedural aspects in a traditional paternity case which parties have to face has been widely misunderstood and misapplied in this case since such is still at this initial stage of the proceedings, when only the petition to establish filiation has been filed.
At any rate, the CA’s view that it would be dangerous to allow a DNA testing without corroborative proof deserves the Court’s attention which said that there is a need to supplement the Rule on DNA Evidence and address the question of whether a prima facie showing is necessary before a court can issue a DNA testing order.