A prima facie case is built by a party’s evidence and not by mere allegations in the initiatory pleading.
JESSE U. LUCAS vs. JESUS S. LUCAS
G.R. No. 90710, June 6, 2011
x x x.
The statement in Herrera v. Alba that there are four significant procedural aspects in a traditional paternity case which parties have to face has been widely misunderstood and misapplied in this case. A party is confronted by these so-called procedural aspects during trial, when the parties have presented their respective evidence. They are matters of evidence that cannot be determined at this initial stage of the proceedings, when only the petition to establish filiation has been filed. The CA’s observation that petitioner failed to establish a prima facie case—the first procedural aspect in a paternity case—is therefore misplaced. A prima facie case is built by a party’s evidence and not by mere allegations in the initiatory pleading.
Clearly then, it was also not the opportune time to discuss the lack of a prima facie case vis-à-vis the motion for DNA testing since no evidence has, as yet, been presented by petitioner. More essentially, it is premature to discuss whether, under the circumstances, a DNA testing order is warranted considering that no such order has yet been issued by the trial court. In fact, the latter has just set the said case for hearing.
X x x.