Sec. 39. Act or declaration about pedigree. — The act or declaration of a person deceased, or unable to testify, in respect to the pedigree of another person related to him by birth or marriage, may be received in evidence where it occurred before the controversy, and the relationship between the two persons is shown by evidence other than such act or declaration. The word "pedigree" includes relationship, family genealogy, birth, marriage, death, the dates when and the places where these facts occurred, and the names of the relatives. It embraces also facts of family history intimately connected with pedigree. (Rule 130, Rules of Court)
|
|---|
What is pedigree?
Pedigree is the history of family descent which is transmitted from one generation to another by both oral and written declarations and by traditions.
Pedigree includes:
The word "pedigree" includes relationship, family genealogy, birth, marriage, death, the dates when and the places where these facts occurred, the names of the relatives and facts of family history intimately connected with pedigree.
How pedigree may be proved?
The pedigree of a person may be proved by:
1. The act or declaration of a relative (Sec. 39)
2. The reputation or tradition existing in his family (Sec. 40)
3. Entries in the family bibles, etc. (Sec. 40)
4. With respect to marriage, also by common reputation in the community (Sec. 41)
5. Direct primary evidence
Requisites for applicability:
1) Declarant is dead or unable to testify;
2) Necessity that pedigree be in issue;
3) Declarant must be a relative of the person whose pedigree is in question;
4) Declaration must be made before the controversy occurred; and
5) The relationship between the declarant and the person whose pedigree is in question must be shown by evidence other than such act or declaration.
Cases:
Gravador v. Mamigo, 20 SCRA 742 (1967)
Tison v. CA, 276 SCRA 582 (1997)
Pedigree is the history of family descent which is transmitted from one generation to another by both oral and written declarations and by traditions.
Pedigree includes:
The word "pedigree" includes relationship, family genealogy, birth, marriage, death, the dates when and the places where these facts occurred, the names of the relatives and facts of family history intimately connected with pedigree.
How pedigree may be proved?
The pedigree of a person may be proved by:
1. The act or declaration of a relative (Sec. 39)
2. The reputation or tradition existing in his family (Sec. 40)
3. Entries in the family bibles, etc. (Sec. 40)
4. With respect to marriage, also by common reputation in the community (Sec. 41)
5. Direct primary evidence
Requisites for applicability:
1) Declarant is dead or unable to testify;
2) Necessity that pedigree be in issue;
3) Declarant must be a relative of the person whose pedigree is in question;
4) Declaration must be made before the controversy occurred; and
5) The relationship between the declarant and the person whose pedigree is in question must be shown by evidence other than such act or declaration.
Cases:
Gravador v. Mamigo, 20 SCRA 742 (1967)
Tison v. CA, 276 SCRA 582 (1997)
