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Act or Declaration Against Pedigree

act or declaration against pedigree



Pedigree
Includes relationship, family genealogy, birth, marriage, death,
the dates when, and the placer where these facts occurred and
the names of their relatives. It embraces also facts of family
history intimately connected with pedigree.


The act/declaration must be made by a person deceased, or
unable to testify, regarding the pedigree of another person
related to him by birth/marriage.


The rules do not require any specific degree of relationship but
the weight to which such act/declaration is entitled may be affected
by the degree of relationship.


The act/declaration is admissible if it occurred before the
controversy, and the relationship between the 2 persons is shown by
evidence other than such act/declaration.


The requirement that there be other proof than the declarations of
the declarant as to the relationship does not apply where it is
sought to reach the estate of the declarant himself and not merely
to establish a right through his declarations to the property or
some member of the family. (Tison v. CA)


Mendoza vs. CA 1991
Requisites for admissibility
1. The declarant is dead or unable to testify.
2. The pedigree must be in issue.
3. The declarant must be a relative of the person whose pedigree is
   in issue.
4. The declaration must be made before the controversy arose.
5. The relationship between the declarant and the person whose
   pedigree is in question must be shown by evidence other than
   such declaration.


Act or Declaration Against Pedigree Distinguished from Family
Reputation or Tradition
1. Act or Declaration Against Pedigree
   Witness need not be a member of the family

   Family Reputation or Tradition
   Witness is a member of the family

2. Act or Declaration Against Pedigree
   Testimony is about what the declarant, who is dead or unable
   to testify, said concerning the pedigree of the declarant’s
   family

   Family Reputation or Tradition
   Testimony is about family reputation or tradition covering
   matters of pedigree.


 



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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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