Cases (family Reputation) Flashcards
FACTS: Monina Jison filed a petition for recognition as an illegitimate child of petitioner Francisco Jison. In her complaint, she alleged that: (1) at the end of 1945 or the start of 1946, however, FRANCISCO impregnated Esperanza F. Amolar (who was then employed as the nanny of FRANCISCO’s daughter, Lourdes); (2) MONINA was born on 6 August 1946, in Dingle, Iloilo; (3) since childhood, she had enjoyed the continuous, implied recognition as an illegitimate child of FRANCISCO by his acts and that of his family; and (4) that FRANCISCO gave her support and spent for her education, such that she obtained a Master’s degree, became a certified public accountant (CPA) and eventually, a Central Bank examiner. At trial on the merits, MONINA presented as documentary evidence letters written by Francisco’s relatives as proof of her recognition as illegitimate daughter of the latter. The trial court dismissed the complaint. On appeal, CA reversed the ruling of the trial court and held that Monina was able to establish her filiation as FRANCISCO’s illegitimate daughter not just preponderant but overwhelming evidence on record. Francisco elevated the case before the SC and assailed the admissibility of the letters of his relatives.
ISSUE: Whether or not letter of the relatives of a putative father is admissible in evidence as part of the family reputation.
HELD: NO. Under Rule 130, Section 39, the contents of these documents may not be admitted, there being no showing that the declarants-authors were dead or unable to testify, neither was the relationship between the declarants and MONINA shown by evidence other than the documents in question. Neither may it be admitted under under Rule 130, Section 40. Rule 130, Section 40, provides: Sec. 40. Family reputation or tradition regarding pedigree. — The reputation or tradition existing in a family previous to the controversy, in respect to the pedigree of any one of its members, may be received in evidence if the witness testifying thereon be also a member of the family, either by consanguinity or affinity. Entries in family bibles or other family books or charts, engravings on rings, family portraits and the like may be received as evidence of pedigree. (emphasis supplied) It is evident that this provision may be divided into two (2) parts: the portion containing the first underscored clause which pertains to testimonial evidence, under which the documents in question may not be admitted as the authors thereof did not take the witness stand; and the section containing the second underscored phrase. What must then be ascertained is whether letter presented in this case as private documents, fall within the scope of the clause “and the like” as qualified by the preceding phrase “entries in family bibles or other family books or charts, engravings on rights and family portraits,” We hold that the scope of the enumeration contained in the second portion of this provision, in light of the rule of 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.” Plainly then, letters, as private documents not constituting “family possessions” as discussed above, may not be admitted on the basis of Rule 130, Section 40. Neither may these exhibits be admitted on the basis of Rule 130, Section 41 regarding common reputation, it having been observed that: the weight of authority appears to be in favor of the theory that it is the general repute, the common reputation in the family, and not the common reputation in community, that is a material element of evidence going to establish pedigree. Thus, matters of pedigree may be proved by reputation in the family, and not by reputation in the neighborhood or vicinity, except where the pedigree in question is marriage which may be proved by common reputation in the community.
