Jessies mother, Elsie, migrated to Manila from Davao, stayed with an acquaintance, and worked in a

prominent night-spot in Manila starting 1967. She became acquainted with Jesus, and an intimate
relationship developed between him and Elsie, where she became pregnant. Elsie gave birth to Jessie
but Jesus' name was not stated in the certificate of live birth. Jesus at first extended financial support,

During The
Hearing
On
Motion
DNA
but after
their relationship
ended,
Elsie opted toFor
raise Jessie
alone.Testing,
While growing up, Elise made several
to introduce
Jessie toPrima
Jesus, but toFacie
no avail. Hence,
Jesus filed a Petition
Petitioner attempts
Must
Present
Evidence
Or to Establish Filiation
(with
Motion For The Submission
Of Parties to
DNA
Testing) before the RTC of Valenzuela City. When
Establish A
Reasonable
Possibility
Of
Paternity...
Jesus learned of the petition, his counsel obtained a copy of the petition. Meanwhile, Jessie filed a
Motion To Try And Hear The Case, which the RTC granted, setting the case for hearing and ordering its
publication. Unaware of the motion and the RTC order, Jesus filed a comment entering his appearance
and objection to the publication because of the confidentiality of the proceedings. When he learned of
Jessies' motion, he reiterated his contention that the petition is adversarial and he should be served
summons. When he learned of the RTC order granting the motion, he filed a motion for reconsideration,
averring that the petition was not in due form and substance, and argued that DNA testing cannot be
made on the basis of a mere allegation pointing to him as the father. The RTC, ruling on the motion for
reconsideration of Jesus, dismissed the case, holding that as held in the case of Herrera vs. Alba, there
are four significant procedural aspects of a traditional paternity case, which Jessie must first establish
before he can present evidence of paternity and filiation. Having failed to present a prima facie case,
Jesus had no obligation to present affirmative defences. When Jessie filed his own motion for
reconsideration, the RTC changed its mind again, and set the case for hearing on the submission of the
parties to DNA testing, ruling that the petition was sufficient in form and substance. It ruled that the new
Rules On DNA Evidence allows the conduct of DNA testing, whether at the courts instance or upon
application of any person interested in the litigation. Jesus moved to reconsider, reiterating his
contention that the petition was not sufficient in form and substance, and lack of prima facie case. His
motion for reconsideration denied, Jesus elevated the case to the Court of Appeals, which ruled in his
favour. It ruled that the RTC did not acquire jurisdiction over the person of Jesus. It also said that Jesse
filed the petition to establish illegitimate filiation, and seeks to abbreviate the proceedings by moving for
DNA testing, when he had not yet proved the four procedural steps in a paternity case. DNA testing
should not be allowed when the petitioner had not yet established a prima facie case.
Jesse thus filed a petition for review on certiorari, averring that if the CA objected to the DNA testing, it
could have denied the motion, since DNA testing is not a ground for dismissal of the case. The CA erred
in relying on the traditional steps to establish a paternity case, since it is a matter of evidence.

The Supreme Court:

The petition is meritorious.

Primarily, we emphasize that the assailed Orders of the trial court were orders denying respondents
motion to dismiss the petition for illegitimate filiation. An order denying a motion to dismiss is an
interlocutory order which neither terminates nor finally disposes of a case, as it leaves something to be