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.
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 (§ 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)
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