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[G.R. No. 125901. October 8, 2001]

TIJING et al. vs. CA et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated OCT 8 2001.

G.R. No. 125901(Edgardo A. Tijing and Bienvenida R. Tijing vs. Court of Appeals and Angelita Diamante.)

On March 8, 2001, we rendered a decision in this case in favor of petitioners, granting their petition for habeas corpus and ruling that the minor referred to as John Thomas Lopez, also known as Edgardo Tijing, Jr., is petitioners' son. In the same decision, we stated that in the future, DNA testing would be useful to all concerned in resolving parentage and identity issues. Noteworthy, petitioners themselves have declared their willingness to undergo "blood test" before the Court of Appeals (see Rollo, p. 36) to resolve the present controversy.

On May 21, 2001, private respondent filed with this Court a Motion for Reconsideration of our decision. Petitioners commented on said motion on September 6, 2001, pursuant to our resolution issued on July 18, 2001.

To conclusively settle the issue of the parentage of the minor child identified now as John Thomas Lopez, a.k.a. Edgardo Tijing, Jr., this Court now deems it proper to order that DNA tests be conducted, at the expense of the movant for reconsideration, on said minor as well as on petitioner Bienvenida R. Tijing and private respondent Angelita Diamante, who are both claiming to be the mother of said child. The results of the DNA tests should lay to rest all doubts regarding the identity and the parentage of said child, and restore harmony to his family.

WHEREFORE, to resolve promptly the motion for reconsideration filed by private respondent it is hereby ordered that DNA tests on the minor child John Thomas Lopez, a.k.a. Edgardo Tijing, Jr., as well as petitioner Bienvenida R. Tijing and respondent Angelita Diamante, who both claim as his true mother, be conducted at the University of the Philippines-Natural Science Research Institute (UP-NSRI) DNA Analysis Laboratory, within 15 days from notice of this resolution. The UP-NSRI is directed to furnish this Court with the results thereof within five days from their completion.

SO ORDERED.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court

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