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RULES ON DNA EVIDENCE

2 PE LIM VS COURT OF APPEALS


G.R. NO. 112229, MARCH 18, 1997

FACTS:
 Maribel Cruz filed a complaint for child support on behalf of her daughter, Joanna (private respondent),
against Raymond Pe Lim (Petitioner), who Maribel claims to be Joanna’s father.
 Maribel’s story:
o Maribel was 16 when she met Raymond at Tonight’s Club as a part-time receptionist.
o Raymond pursued her and Maribel reciprocated his love.
o They lived together, with Raymond paying the rentals
o Maribel left for Japan, already pregnant, and returned immediately to the Ph.
o They were never married
o Maribel gave birth to Joanna. The bills were paid by Raymond and he caused the registration of
Joanna Rose’s name.
o After birth, their affair continued.
o After a year, Raymond abandoned her. Maribel tried to support herself, but it was never enough
o Maribel asked Raymond for support but it was unheeded.
 Raymond’s story:
o Raymond went to Tonight’s club but he was claiming that he was in the club to relaxed.
o Denied their relationship and being the father of Joanna saying that they were just friends and
there was no intimacy between them
o That Raymond was not the only customer of Maribel
o That Maribel left for Japan and returned to Manila pregnant, and asked Raymond for help
o That he got her an apartment and admitted that he paid the hospital bills but claims that Maribel
was supposed to pay him back for it.
 RTC: ordered Raymond to give support to Joanna
 CA: affirmed.

ISSUE: WON there is clear and convincing evidence on record to show that there was actual cohabitation and that
Joanna is his child

RULING: Yes

DNA, being a relatively new science, it has not as yet been accorded official recognition by our courts. Paternity
will still have to be resolved by such conventional evidence as the relevant incriminating acts, verbal and written, by
the putative father. (ito lang yung part na may DNA. Wala naming ruling tungkol sa mga DNA test)

The hand-written letter of Raymond to Maribel shows that he considered himself to be the father of Joanna. In the
letter, Raymond is explaining why he cannot marry Maribel. Raymond also stated in the later that he promises to be
a loving and caring husband and father to both Maribel and Joanna.

In another letter sent by Raymond to Maribel while she is in Japan, Raymond told her to take care of herself because
of her situation, obviously referring to the state of pregnancy of Maribel.

It was only after petitioner separated from Maribel that he started to deny paternity of Joanna Rose. Until he got
married to another woman, he did not object to being identified as Joanna Rose’s father as disclosed in the
Certificate of Live Birth. The evidence on record reveals that he even got a copy of the said Certificate when Joanna
Rose started schooling, as shown by a receipt in his name from the San Juan Municipal Office. His belated denial
cannot outweigh the totality of the cogent evidence which establishes beyond reasonable doubt that petitioner is
indeed the father of Joanna Rose.