This case has been cited 3 times or more.
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2006-09-27 |
AZCUNA, J. |
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| This liberal approach is taken to avoid a serious injustice. The trial court and the Court of Appeals differ in their findings as to the existence of fraud. Where the conclusions of the Court of Appeals contradict those of the trial court, this Court may scrutinize the evidence on record to determine which of these findings should be preferred as more conformable to the evidentiary facts.[15] | |||||
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2005-06-15 |
CARPIO, J. |
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| Although the term "DNA testing" was mentioned in the 1995 case of People v. Teehankee, Jr.,[33] it was only in the 2001 case of Tijing v. Court of Appeals[34] that more than a passing mention was given to DNA analysis. In Tijing, we issued a writ of habeas corpus against respondent who abducted petitioners' youngest son. Testimonial and documentary evidence and physical resemblance were used to establish parentage. However, we observed that:Parentage will still be resolved using conventional methods unless we adopt the modern and scientific ways available. Fortunately, we have now the facility and expertise in using DNA test for identification and parentage testing. The University of the Philippines Natural Science Research Institute (UP-NSRI) DNA Analysis Laboratory has now the capability to conduct DNA typing using short tandem repeat (STR) analysis. xxx For it was said, that courts should apply the results of science when completely obtained in aid of situations presented, since to reject said result is to deny progress. Though it is not necessary in this case to resort to DNA testing, in [the] future it would be useful to all concerned in the prompt resolution of parentage and identity issues. | |||||
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2005-06-15 |
CORONA, J. |
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| In 2001, however, we opened the possibility of admitting DNA as evidence of parentage, as enunciated in Tijing v. Court of Appeals:[23] | |||||