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Family Reputation or Rradition Regarding Pedigree

Evidence Family Reputation or Tradition Rule 130 - Rules of Admissibility

Sec. 40. Family reputation or tradition regarding pedigree. – The reputation or tradition existing in a family previous to the controversy, in respect to the pedigree of any one of its members, may be received in evidence if the witness testifying thereon be also a member of the family, either by consanguinity or affinity. Entries in family bibles or other family books or charts, engravings on rings, family portraits and the like, may be received as evidence of pedigree.


NOTES:

Requisites for the exception to apply

(a) There is a controversy in respect to the pedigree of any members of a family;

(b) The reputation or tradition of the pedigree of the person concerned existed ante litem motam or
previous to the controversy; and

(c) The witness testifying to the reputation or tradition regarding the pedigree of the person concerned must be a member of the family of said person, either by consanguinity or affinity.


● Entries in family bibles or other family books or charts, engravings on rings, family portraits and the like, may be received as evidence of pedigree.

● de Leon: note that in family tradition, the declarant must be dead or unable to testify. In family reputation or tradition, there is not even a declarant to speak of; just a witness who was aware of an exiting family reputation or tradition.


CASES:

People v. Alegado, 201 SCRA 37 (1991) Testimony of a witness and the witness’ grandfather as to the date of birth and age of the witness is evidence on family tradition which is admissible as an exception to hearsay. 

Ferrer v. de Inchausti, 38 Phil 905 (1918) Entries in family bibles or other family books or charts, engravings on rings, family portraits and the like, to be admissible as an evidence of pedigree, need NOT be proven to have been made at the same time as the occurrence of the events documented. 

 

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