Tison vs CA

Facts:

This is a case of an action for reconveyance of a parcel of land and an apartment. Teodora Guerrero died and left a parcel of land and an apartment. Her husband Martin Guerrero adjudicates the said land to him and consequently sold to Teodora Domingo. The nephews and nieces Tison et al seek to inherit by right of representation from the property disputed property presenting documentary evidence to prove filial relation. The respondent contended that the documents/evidence presented is inadmissible for being hearsay since the affiants were never presented for cross-examination.

Issue:
Whether or not the evidence presented is hearsay evidence and is inadmissible.

Held:
The evidence submitted does not conform to the rules on their admissibility; however the same may be admitted by reason of private respondent's failure to interpose any timely objection thereto at the time they were being offered in evidence. It is elementary that an objection shall be made at the time when an alleged inadmissible document is offered in evidence; otherwise, the objection shall be treated as waived, since the right to object is merely a privilege which the party may waive.
The primary proof that was considered in ascertaining the relationship between the parties concerned is the testimony of Corazon Dezoller Tison to the effect that Teodora Dezoller Guerrero in her lifetime, or sometime in 1946, categorically declared that the former is Teodora's niece. Such a statement is considered a declaration about pedigree which is admissible, as an exception to the hearsay rule, under Section 39, Rule 130 of the Rules of Court, subject to the following conditions: (1) that the declarant is dead or unable to testify; (2) that the declarant be related to the person whose pedigree is the subject of inquiry; (3) that such relationship be shown by evidence other than the declaration; and (4) that the declaration was made ante litem motam, that is, not only before the commencement of the suit involving the subject matter of the declaration, but before any controversy has arisen thereon.