Estate of Rogelio Ong v. Minor Joanne Diaz G.R. No. 171713, Dec.

17, 2007 Facts: - Nov 1993 Rogelio and Jinky got acquainted, and the friendship blossomed into love. - Jinky however, was already married to Hasegawa Katsuo, a Japanese national, in spite of this, the lovers lived together out of which Joanne Diaz was born on Feb 25, 1998 - Rogelio initially recognized Joanne as his, only to abandon the family on Sept 1998, Jinky thereafter files a complaint - Judgment rendered in favor of Jinky , Rogelio files a new motion and is granted - RTC again rules for Jinky given the Rogelios admission that he was the one who shouldered hospital bills during Joannes birth and that on some instances he continued visiting Jinky after the birth of Joanne - Rogelio goes to the Court of Appeals, during the pendency of the trial, however he dies, and is substituted by the Estate of Rogelio Ong. - CA remands the case to the RTC for DNA analysis to finally determine the paternity of Joanne, hence the petition Issue: W/n the court erred in remanding the case for DNA analysis despite the fact that said analysis is no longer feasible given that Rogelio Ong is dead Held: No, decision of the appellate court is affirmed. - Case discusses DNA testing again, see Herrera vs Alba. - The new rules on DNA testing allows for the application of DNA testing for as long as biological samples of Rogelio Ong is present o Biological samples any organic material originating from the persons body, even if found on inanimate objects - Thus, even if Rogelio is dead, biological samples may be available and used for DNA testing - As held in Tecson vs Comelec: Any physical residue of the long dead parent could be resorted to Presently, DNA testing has evolved into a dependable and authoritative form of evidence gathering, the Court therefore reiterates its stand that DNA testing is a valid means of determining paternity