THE PEOPLE OF THE PHILIPPINES vs.

SERVILLANO VELASQUEZ

FACTS:

An information for rape was filed with the Court of First Instance of Nueva Ecija against the defendant.
He was accused of raping complainant in three occasions to which according to the latter, their first
sexual intercourse happened on February 9, 1996. Defendant denied that their first intercourse took
place on February 9, 1966. He claimed that their first intercourse occurred in the last week of January
1966 and the same was repeated several times. The complainant got pregnant but he disclaimed being
the father of the child pointing out the fact that from the date of his supposed last sexual intercourse
with the complainant which, according to the latter was on February 11, 1966, up to the delivery of the
child on December 22, 1966, a period of ten months and eleven days had elapsed, which renders it
medically impossible for him to have been the father of the said child.

ISSUE: WON the defendant is the father of the complainant’s child.

RULING:

No.

The Civil Code provides that a child born after three hundred days from possible conception is not
accorded any presumption either of legitimacy or illegitimacy. Whoever alleges the paternity of
the child, whether legitimate or illegitimate, must prove such allegation.

In this case, the complainant delivered her child on December 22, 1966. If it was true that her
last intercourse with the appellant was on February 11, 1966, it would mean that her child was
born at least ten months and eleven days after conception. The same is undeniably contrary to
ordinary and normal experience and, as such, sufficient to cast a reasonable doubt as to its
credibility.

Estate of Rogelio G. Ong v. Diaz, G.R. No. 171713, December 17, 2007

FACTS:

A complaint for recognition with prayer for support pending litigation was filed by minor
Joanne Rodgin, represented by her mother and guardian Jinky Diaz against Rogelio Ong before
the RTC. Jinky alleged in the complaint that She and the Petitioner met at Tarlac Civty and fell
in love with each other. However, Jinky was married to Hasegawa Katsuo, a Japanese National.

As alleged, Jinky and Rogelio cohabited and lived together for a period of 4 years (from 1994-
1998) to which Joanne Rodjin Diaz was born on February 1998. However, in September 1998,
Rogelio abandoned the mother and child and stopped supporting the minor and denied that he
is the father of Joanne. The RTC ruled that Joanne was the illegitimate child of Rogelio in view
of Jinky’s subsisting marriage with Katsuo and ordered Rogelio to give support in favor of
Joanne.

Rogelio filed an appeal with the CA. however, during the pendency of the appeal, Rogelio died
and was substituted by the Estate of Rogelio Ong. Subsequently, the CA granted the petition
and ordered the case to be remanded to the RTC for the issuance of an order directing the
parties to make arrangements for DNA analysis.

ISSUE: WON the CA erred in remanding the case for DNA testing despite Rogelio’s death.

HELD: NO.

Under the law, the appropriate court may, at any time, either motu proprio or on the application
of any person who has a legal interest in the matter in litigation, order DNA testing. Such order
shall issue after due hearing and notice to the parties upon a showing of the following:

(a) A biological sample exists that is relevant to the case; xxx

In this case, the death of the petitioner does not ipso facto negate the application of DNA testing
for as long as there exist appropriate biological samples of his DNA. When we say biological
sample, it includes blood, saliva, and other body fluids, tissues, hairs, and bones. Thus, even if
Rogelio is dead, any of the biological samples as enumerated, as may be available, may be used
for DNA testing. petitioner has not shown the impossibility of obtaining an appropriate
biological sample that can be utilized for the conduct of DNA testing.

Macadangdang vs. CA [1980]

FACTS:

Elizabeth filed a complaint for recognition and support against Antonio in favor of Rolando.

Respondent alleged that sometime in March 1967, she had sexual intercourse with the petitioner

and that due to the affair, Elizabeth and her husband separated in 1967. On October 30, 1967,

she gave birth to a baby boy who was named Rolando Macadangdang in baptismal rites held

on December 24, 1967.

The lower court dismissed the case. However, the Court of Appeals reversed the decision of the

lower court and ruled that Rolando was the illegitimate child of petitioner. A motion for

reconsideration was filed but it was denied.

ISSUE: WON the child Rolando is conclusively presumed the legitimate child of the spouses

Elizabeth Mejias and her first husband.

HELD: YES.

The Civil Code provides that Children born after one hundred and eighty days following the

celebration of the marriage, and before three hundred days following its dissolution or the

separation of the spouses shall be presumed to be legitimate. Against this presumption no

evidence shall be admitted other than that of the physical impossibility of the husband's having

access to his wife within the first one hundred and twenty days of three hundred which

preceded the birth of the child.

In this case, during the initial 120 days of the 300 which preceded the birth of the child, there

was no concrete or substantial proof that was presented to establish the physical impossibility

of access between Elizabeth and Crispin. Elizabeth and Crispin continued to live in the same

province, therefore there is still the possibility of access to one another. The baby was born

seven months after the first illicit intercourse and seven months after the separation of the

spouses.

US v. Antonio Abad Santos

36 Phil 243

FACTS:

Santos was charged for violating the provision in the Internal Revenue Law