ESTATE OF ROGELIO G. ONG, Petitioner, v.

Minor JOANNE RODJIN DIAZ,

Represented by Her Mother and Guardian, Jinky C. Diaz, Respondent.
Facts: A complaint3 for compulsory recognition with prayer for support pending litigation
was filed by minor Joanne Rodjin Diaz, represented by her mother and guardian, Jinky C.
Diaz, against Rogelio G. Ong. Rtc decided in favor of the plaintiff. Ca REMANDED the case
to the court a quo for the issuance of an order directing the parties to make
arrangements for DNA analysis for the purpose of determining the paternity of plaintiff
minor Joanne Rodjin Diaz
Issue: WHETHER OR NOT THE COURT OF APPEALS ERRED WHEN IT REMANDED THE
CASE TO THE COURT A QUO FOR DNA ANALYSIS DESPITE THE FACT THAT IT IS NO
LONGER FEASIBLE DUE TO THE DEATH OF ROGELIO G. ONG.
Held: No. It is obvious to the Court that the determination of whether appellant is the
father of AAA's child, which may be accomplished through DNA testing, is material to the
fair and correct adjudication of the instant appeal. Under Section 4 of the Rules, the
courts are authorized, after due hearing and notice, motu proprio to order a DNA testing.
However, while this Court retains jurisdiction over the case at bar, capacitated as it is to
receive and act on the matter in controversy, the Supreme Court is not a trier of facts
and does not, in the course of daily routine, conduct hearings. Hence, it would be more
appropriate that the case be remanded to the RTC for reception of evidence in
appropriate hearings, with due notice to the parties.