Practice question
In a paternity suit, a claimant asks the court to compel DNA testing solely on a bare assertion naming a stranger as the father, without any prima facie basis or compliance with the applicable DNA-testing requirements. Which principle follows Lucas?
- Every allegation automatically compels invasive testing
- The court must require the proper prima facie foundation and apply the DNA-testing rules; a bare assertion alone is insufficient
- DNA evidence is forbidden in every filiation case
- Only a final judgment of paternity can ever precede testing
- The court may choose a father without evidence
Legal references
- Family Code Articles163–180: https://lawphil.net/executive/execord/eo1987/eo_209_1987.html
- Lucas v. Lucas, GR190710, June6 2011, main decision: https://lawphil.net/judjuris/juri2011/jun2011/gr_190710_2011.html
- RA9255 amending Article176: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/277
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