Disclaimer: The discussion below is for general legal information only and does not constitute legal advice. For specific cases or questions, please consult qualified legal counsel.

ACT OR DECLARATION ABOUT PEDIGREE AS A HEARSAY EXCEPTION

Under Philippine law, specifically the Rules of Court on Evidence (Rule 130), hearsay evidence is generally inadmissible because the declarant is not in court to be subjected to cross-examination. However, there are several established exceptions to this rule. One of these exceptions is the “act or declaration about pedigree,” sometimes referred to as a “declaration concerning pedigree.”

1. Concept and Rationale

“Pedigree” refers to the family lineage, ancestry, or descent of a person. It includes facts such as:

Birth
Marriage
Death
Filial and family relationships (e.g., parentage, legitimacy, adoption)
Other intimate family facts and family history

The traditional reasoning behind permitting hearsay evidence about pedigree is practical:

Personal Knowledge Over Time – Facts about family history often become known through generational family stories, documents, or declarations made within the family circle.
Reliability Through Family Interest – Family members are assumed to have accurate knowledge (or at least no motive to distort) such private details and to share them truthfully within the family, especially at a time when no controversy is anticipated.
Unavailability of More Direct Evidence – Once the relevant family members or elders die or become unavailable, the usual means of proving pedigree (direct testimony) is no longer possible.

2. Governing Rule under the Philippine Rules of Court

The pertinent provision can be found in Rule 130 of the Rules of Court, under the section enumerating exceptions to the hearsay rule. Although the precise section numbers have been reorganized by amendments, the substance remains the same. Commonly cited references are along these lines (under older codifications, this was Section 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, marriage, or adoption, or in respect to the relationship between them, is admissible as evidence, provided the act or declaration was made before the controversy in which the fact is to be proved arose, and at a time when the person making it had no interest to misrepresent the fact.”

3. Requisites for Admissibility

For an act or declaration concerning pedigree to be admissible as an exception to the hearsay rule, all of the following requisites must generally be met:

Declarant is Deceased or Unable to Testify
- The rule specifically covers statements of persons who are deceased or otherwise unavailable to give evidence (e.g., physically/mentally incapacitated, missing, etc.).
Relationship Between Declarant and the Person Whose Pedigree is in Question
- The declarant must be related by birth, marriage, or adoption to the person about whose pedigree the declaration was made;
- Or the declaration must concern the declarant’s own pedigree.
Declaration Made Prior to the Controversy
- The statement must have been made at a time when there was no existing dispute or litigation concerning the pedigree in question;
- This requirement seeks to ensure that the declarant had no incentive to fabricate or misrepresent the facts.
Declarant Had No Interest to Misrepresent
- The rules usually require that the declarant had no personal interest to lie or embellish the facts about the family relationship. This is closely tied to the “prior to the controversy” requirement.
Preliminary Proof of Relationship
- Courts generally require some independent evidence (however minimal) to establish the relationship of the declarant to the subject of the pedigree, so that the statement is not the sole proof of the fact. In other words, one cannot use the hearsay statement itself to prove that the declarant was indeed a family member; there must be at least a preliminary showing of the family connection.

4. Types of Declarations About Pedigree

Declarations about pedigree can take various forms, such as:

Oral Statements made by family elders regarding births, deaths, marriages, or lineage.
Entries in Bibles or Family Registers (sometimes called “family Bibles”), which list births, marriages, and deaths.
Private Letters or Correspondence discussing family history.
Inscriptions on Tombstones or Rings, genealogical charts, family portraits with dates or inscriptions, etc.
Statements Made in Family Reunions or other gatherings where family history is typically recounted.

5. Scope of “Pedigree”

The concept of “pedigree” is broader than mere parentage. It covers:

Lineage or Descent (e.g., paternal or maternal lines, adoption).
Dates of Birth, Marriage, Death.
Legitimacy or Illegitimacy (though subject to additional substantive law requirements in Family Code cases).
Family Interrelationships (e.g., siblings, uncles, aunts, cousins).
Sometimes Occupations or Character Traits within a family can be relevant insofar as they shed light on lineage, but ordinarily, it focuses on genealogical or familial facts, not personal traits beyond establishing identity or lineage.

6. Reason for Admissibility (Policy Basis)

Necessity: Evidence of family matters is often lost if not gathered from statements by deceased or unavailable persons.
Trustworthiness: Family declarations about these events are presumed to have been made honestly when no controversy was foreseen. The risk of fabrication is deemed low, especially if the declaration is made purely within the private sphere.

7. Illustrative Examples

A father writes in a personal diary the date and place of his child’s birth, and the father later dies. This diary entry may be admissible to prove the child’s birth details.
An older relative’s letter referencing a nephew’s true biological father, written years before a paternity dispute arises. If the older relative dies, the letter could be admissible under the pedigree exception (assuming authenticity and preliminary proof of relationship).
Family Bible or genealogical chart that records lineage and birthdates. The entries are typically admissible in court to prove the relevant pedigree facts if the compiler has passed away, so long as there is no showing it was prepared in anticipation of a controversy.

8. Distinction from Other Hearsay Exceptions

Family Reputation or Tradition Regarding Pedigree: Closely related to declarations about pedigree. Family reputation or tradition is also an exception under which the collective statements or beliefs in a family about a member’s lineage, marriage, or history are admissible.
Declarations Against Interest: Involves statements that are contrary to the declarant’s pecuniary or proprietary interest at the time made. This is distinct but sometimes may overlap if, for example, an admission of paternity could negatively affect the declarant.
Entries in the Regular Course of Business (Commercial Documents): Pedigree declarations are not about business records but purely about family lineage or personal history.

9. Procedural Points

Authentication/Identification: Any writing offered (e.g., a diary entry, letter, inscription) must be properly authenticated before it is admitted into evidence.
Foundation: The proponent must lay down the foundation that (1) the declarant is unavailable, (2) the declaration was made before the dispute arose, (3) the declarant had no interest to misrepresent, and (4) there is independent evidence of the declarant’s familial link to the subject.

10. Relevant Philippine Jurisprudence

While many Supreme Court decisions discuss the broader hearsay exceptions, typical rulings underscore these principles:

Reliability is paramount; courts weigh the surrounding circumstances (e.g., the timing and context of the statement, the declarant’s knowledge).
Requirement of Unavailability must be strictly complied with. A statement by someone still alive and available for cross-examination is not admissible under this exception, unless the person is proven to be otherwise unable to testify (e.g., mental incapacity, physically in another country and beyond subpoena, etc.).
Independent Evidence of Relationship is consistently emphasized. Courts will not wholly rely on the hearsay statement to establish the declarant’s relationship to the subject.

11. Practical Tips in Litigation

Gather and Preserve Family Records Early: Death certificates, birth certificates, marriage certificates, diaries, letters—anything that predates the controversy can significantly bolster a case involving pedigree issues.
Locate Elderly Witnesses or Documents: If senior family members are alive, secure affidavits or depositions if you anticipate future controversies. Once they pass away, those statements may qualify under the pedigree exception if properly executed.
Establish the Authenticity and Context: To avoid challenges, demonstrate how these documents or statements came into your possession, and show they were kept naturally as part of family records.
Corroborate with Other Evidence: Even though the hearsay statement may be admissible, courts generally prefer or require supporting evidence (e.g., an NSO/PSA-issued document, testimonies of other family members, consistent entries in multiple records) to lend credibility.

12. Limits to the Exception

Controversies Involving Substantive Family Law: In some cases, especially those touching on legitimacy, paternity, or adoption, the Family Code imposes stricter substantive and procedural requirements. While a pedigree declaration might be admissible, it does not automatically resolve issues such as legitimacy or filiation if specific legal procedures (e.g., a petition for recognition) must be followed.
Statements Made After the Controversy Arose: If it is clear that the declarant made the statement already anticipating or in the midst of litigation, it likely will not be admitted under this exception.
Insufficient Showing of Relationship: If the offering party fails to establish that the declarant was indeed in a position to know the family fact (for instance, not truly a family member or intimately connected to the family affairs), the declaration may be excluded.

CONCLUSION

An “act or declaration about pedigree” is a specialized hearsay exception in Philippine remedial law. It allows otherwise hearsay statements (made by a now-deceased or unavailable family member) regarding a person’s ancestry or family facts to be received in evidence, provided strict foundational requirements are met. Courts admit such evidence because of (a) the presumed reliability when no controversy was anticipated and (b) the necessity of preserving family history when direct testimony is no longer possible.

When invoking this exception in litigation, ensure you:

Prove the declarant’s unavailability and lack of interest in making the statement,
Show the declarant’s relationship to the subject of the pedigree,
Demonstrate the statement was made prior to any dispute, and
Corroborate the statement’s authenticity and trustworthiness with other evidence.

Complying with these requirements gives the court confidence that the declaration accurately reflects family history, making it admissible and potentially persuasive in resolving questions of lineage, relationship, and other pedigree issues.