HERRERA VS.

ALBA
460 SCRA 197, G.R. No. 148220, (15 June 2005)
29
Facts: 13-year old child, represented by the mother filed
petition for recognition, support, and damages against the
father. Father denied that he was the biological father of the
child and denied he had physical contact with the mother.
Court ordered father to take DNA paternity testing but father
opposed this contending that it violates the right against selfincrimination.
Issue: Whether or not a DNA test a valid probative tool in
this jurisdiction to determine filiation
Ruling: Yes, although with caution.
As regards paternity and filiation, a child born to a husband
and wife during a valid marriage is presumed legitimate. The
childs legitimacy may be impugned only under the strict
standards provided by law.
As for DNA testing, a complete match between the DNA
profile of the child and the DNA profile of the putative father
does not necessarily establish paternity. For this reason, trial
courts should require at least 99.9% as a minimum value of
the Probability of Paternity (W) prior to a paternity inclusion
Due to the probabilistic nature of paternity inclusions, W will
never equal to 100%. However, the accuracy of W estimates

is higher when the putative father, mother and child are

subjected to DNA analysis compared to those conducted
between the putative father and child alone

It is not enough to state that the childs DNA profile matches

that of the putative father. A complete match between the
DNA profile of the child and the DNA profile of the putative
father does not necessarily establish paternity. For this
reason, following the highest standard adopted in an
American jurisdiction, courts should require at least 99.9%
as a minimum value of the Probability of Paternity (W) prior
to a paternity inclusion. An appropriate reference population
database, such as the Philippine population database, is
required to compute for W. Due to the probabilistic nature of
paternity inclusions, W will never equal to 100%. However,
the accuracy of W estimates is higher when the putative
father, mother and child are subjected to DNA analysis
compared to those conducted between the putative father
and child alone.
Father ordered to undergo DNA testing.