On
family reputation or tradition

The exception refers to reputations/traditions existing in a family previous to the controversy, with respect to the pedigree of any one of its members. It may be received in evidence if the witness testifying thereon is 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 commonly known as "family possessions," or those articles which represent, in effect, a family's joint statement of its belief as to a person's pedigree. 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 that 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 a statement (as to his age) prevails over the mere opinion of the trial judge.


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