SEC. 41. Common reputation.—Common reputation existing previous to the controversy, respecting facts of public or general interest more than thirty years old, or respecting marriage or moral character, may be given in evidence, Monuments and inscriptions in public places may be received as evidence of common reputation.
Matters that may be established by common
reputation:
1) Facts of public or general interest more than 30
years old;
2) Marriage and related facts;
3) Individual moral character.
Requisites for admissibility of hearsay evidence as to common reputation
1. common reputation
2. existing previous to the controversy
3. respecting either
a. facts of public or general interest more than 30 years old, or
b. marriage or
c. moral character
Facts of public or general interest
Matters
of public interest are those of national interest while matters of general
interest are those affecting inhabitants of a particular region or
community.
Requisites:
1) The facts must be
of public or general interest and more than 30 years old.
2) The common reputation must have been ancient, i.e.
30 years or one generation old.
3) The reputation must have been one formed among a
class of persons who were in a position to have some sources of information and
to contribute intelligently to the formation of the opinion.
4) The common reputation must have been existing prior
to the controversy.
Common reputation may be established by:
1. Testimonial evidence of competent witnesses
2. Monuments and inscriptions in public places
3. Documents containing statements of reputation
Cases
City of Manila v. Del Rosario, 5 Phil 227 (1905)
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