This dissertation analyzed Philippine paternity laws under the lens of international law. The research highlighted the nexus of forensic science - specifically the utilization of DNA evidence – with identity, paternity, and filiation. Thereafter, the indispensable role of forensic science was made in establishing one’s identity, civil, political rights, and human rights.
It then recommended amendments to the refinement of the legal framework in the Philippines on paternity and filiation. The ultimate goal of the research is to protect children's rights and align domestic laws with the doctrine of the child's best interest under international law through the use of forensic science.
Establishing Paternity and Filiation
In Biblical times, Queens, due to limitations of science, had to be sequestered, quarantined, and guarded to ensure that only their King can have carnal access to them. During delivery, an audience would physically watch the birth of the child, which would immediately be “branded.” In this way, the King can be assured that the successor to the throne is his offspring.
Over time, laws evolved from faith-based recognition of paternity to more certain standards, including legal presumptions. One of the oldest legal presumptions, stating “Pater est quem nuptiae demonstrant” (He is the father whom the marriage indicates to be so). This legal presumption was utilized due to the lack of scientific methods in ascertaining paternity.
Legal presumptions have long been fundamental in the rules of filiation, originating from the old Spanish Code, Civil Code, Family Code and continuing through various laws and regulations in the Philippines. These legal presumptions were aimed to preserve family integrity, inheritance rights, and prevent illegitimacy. However, these presumptions have ultimately hindered the pursuit of essential truths regarding an individual’s real paternity and filiation when essentially needed.
Paternity and filiation in the Philippines are still established primarily by marriage. A child born within an existing marriage has two legal parents, the wife, and husband. On the other hand, parentage of children born outside wedlock may be established through voluntary or involuntary acknowledgment based primarily on biology.
The Philippines’ laws and rules were crafted to rely on legal presumptions in paternity and filiation heavily. This reliance is due to the lack of reliable means to determine paternity, at that time, in establishing or disestablishing parentage. Thus, the Philippines’ Supreme Court’s decision relied on these presumptions and confined itself to using conventional methods in determining parentage. Though it is genuinely an inaccurate basis of determination, it somehow gave a legal basis to the decisions and created stability and permeance in the traditional family.
When Philippine law opened its doors to DNA examination, husbands were given the opportunity, for the first time, to verify with reasonable certainty their filiation to their wife’s child. Husbands no longer rely on a leap of faith.
Importance of Determining Child’s Identity
Determining parentage in a child’s early years is crucial as it establishes their citizenship, name, identity, and legal rights. It influences support, custody, parental authority, and inheritance. Once a child is recognized as the offspring of a specific parent, their citizenship and name are defined, and they gain rights that are enforceable against that parent alone. Conversely, the parent acquires certain rights and responsibilities towards the child that are unique and non-transferable. All these legal implications hinge on the establishment of parentage.
International Law, particularly the key principles in League of Nations Declaration of 1924, Universal Declaration of Human Rights 1948, The Declaration of the Rights of the Child 1959, The International Covenant on Civil and Political Rights 1966, The United Nations Convention on the Rights of the Child of 1989, and General Comment No. 14 (2013), states the right of the child to have his or her best interests taken as a primary consideration (Art. 3, Par. 1). This is the “best interest child policy” under international law. Thus, States emphasized that a child is entitled from his birth to an identity, name, and a nationality.
Reliance and Non-Reliance to Forensic Evidence to Establish Identity
The Philippine Supreme Courts have traditionally relied on conventional methods to determine a child’s filiation, such as physical resemblance, handwritten notes, and testimonial evidence. Despite the advent of more accurate scientific methods like DNA testing, the researcher argues that these traditional methods should remain admissible. While DNA tests are more reliable and accessible, the conventional modes still provide valuable supplementary evidence in paternity cases. The researcher believes that these methods should not be removed from legal consideration, as they continue to aid in the determination of paternity and filiation.
As laid down in Philippine jurisprudence, a DNA or genetic evidence must pass the so-called “Vallejo Test” to be admissible. In assessing its probative value, the courts must consider (1) how the samples were collected, (2) how they were handled, (3) the possibility of contamination of the samples, (3) the procedure followed in analyzing the samples, (5) whether the proper standards and procedures were followed in conducting the tests, and (6) the qualification of the analyst who conducted the tests. Thus, DNA’s existence does not automatically mean its admissibility.
Therefore, even if DNA evidence exists and is presented in court to prove paternity if it will not pass the standard provided by law, it will not be admitted. Without conventional modes, the courts will not have any other source of evidence to consider in coming up with a sound judgment. Thus, the conventional mode must still be made available and admissible.
Conclusion
Over the last decades, improved reproductive technologies and scientific means to ascertain paternity have ignited the metamorphosis of legislative and jurisprudential changes in other jurisdictions. Currently, there is a global trend on the primary reliance on genetic testing over legal presumptions. This trend started in the 1970s in more developed countries. With the acceptance of DNA testing and other genetic tests, a "who's your daddy" or "who's your mommy" question may not be as simple as it once was.
Notwithstanding the global trend, courts and the law-making body did not abandon the presumption of paternity well-rooted in their jurisdiction. They still rely on the presumption to maintain the stability of the family. However, they are no longer turning a blind eye to the truth of one’s paternity for the mere sake of keeping a traditional family. States opened up to the possibility that knowing the true biological parentage may be in the child's best interest and the family.
The metamorphosis from the strict reliance on the legal presumption of paternity to a more flexible determination of parentage was due to the development in forensic science. The reliability of DNA tests was used in establishing biological parentage for the child's best interest.
It is common in forensic science that DNA tests are used for identification in crime solving matters. However, it appears from this dissertation that forensic science plays an indispensable role in identifying one’s paternity and filiation. Therefore, State’s legislatures and courts of law should utilize forensic science to protect the child’s identity.