On
family reputation or tradition


The exception refers to reputations/traditions existing in a
family previous to the controversy, in respect to the pedigree
of any one of its members. It may be received in evidence if
the witness testifying thereon be also a member of the family,
either by consanguinity or affinity.


Documentary evidence allowed under the exception: Entries in
family bibles or other family books, charts, engravings on
rings, family portraits and the like.


This enumeration, by ejusdem generis, is limited to objects
which are commonly known as "family possessions," or those
articles which represent, in effect, a family's joint statement
of its belief as to the pedigree of a person. These have been
described as objects "openly exhibited and well known to the
family," or those "which, if preserved in a family, may be
regarded as giving a family tradition." Other examples of these
objects which are regarded as reflective of a family's reputation
or tradition regarding pedigree are inscriptions on tombstones,
monuments or coffin plates. (Jison v. CA 98)


Gravador vs. Mamigo 1967
A person’s statement as to his date of birth and age, as he
learned of these from his parents or relatives, is an ante
litem motam declaration of a family tradition.


US vs. Agadas 36 Phil 246
Such statement (as to his age) prevails over the mere opinion of
the trial judge.


US vs. Evangelista
However, such statement (as to age)
cannot generally prevail over the secondary statement of his
father.