CHARACTER

Rule 130 Section 51

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Character aggregate of moral qualities, which belong and distinguish an individual person.

Character v. Reputation
Character signifies reality; what the person really is
Reputation signifies what is accepted to be reality at present depends on the attributes which others believe one to possess

CHARACTER EVIDENCE RULE

General Rule: Not admissible in evidence

Exceptions:

1. Criminal Cases
a. Accused may prove his GOOD moral character, which is pertinent to the moral trait involved in the
offense charged (EX: estafa, perjury, false testimony wherein the persons moral trait is already
involved)
b. Prosecution may NOT prove the BAD moral character of the accused
i. EXCEPT: in rebuttal, when the accused opens the issue by introducing evidence of his good
moral character
c. Offended Party his GOOD or BAD moral character may be proved as long as it tends to establish in any
reasonable degree the probability or improbability of the offense charged

Exception to the Exception:

1. In rebuttal, proof of the bad character of the victim is not admissible if the crime was committed
through treachery and premeditation
2. In rape cases, the evidence of complainants past sexual conduct, or reputation or opinion thereof
shall not be admitted
a. UNLESS and only to the extent that the court finds that such evidence is material and
relevant to the case

2. Civil Cases
a. Moral character of either party thereto cannot be proved
i. UNLESS it is pertinent to the issue of character involved in the case

3. Good Character of Witness

a. Not admissible UNTIL such character has been impeached

Discussion
Character is generally not admissible because it is legally irrelevant in determining a controversy.
It is the character of the accused prior to the time of the crime which is admissible, but not that which is found to exist
subsequently.
Character of the deceased in homicide cases:
o GR: Irrelevant law protects everyone from unlawful violence, regardless of character
EX: self-defense is raised, and the character of slaying is doubtful evidence of the violent and dangerous
character of the deceased is competent
Character of the deceased in murder cases:
o Good or bad moral character is not necessary if killing is committed through treachery and premeditation
Character of 3rd persons not parties to a cause
o Depends on the case; would have probative value and there is no practical policy against it (Francisco)

(1.a)
What may be proven are only those moral traits involved in the offense charged.
This may strengthen the presumption of innocence, and where good character and reputation are established, an inference
arises that the accused did not commit the crime charged.
 Reason for the rule - to avoid unfair prejudice to the accused who might otherwise be convicted not because he is guilty but
because he is a person of bad character.
E.g.
o Rape chastity
o Assault violence
o Embezzlement honesty

(1.b)
Reason for the rule:
1. It prevents a pronouncement of guilt on account of his being a bad man and instead anchors a conviction on the basis of
the sufficiency of evidence of his guilt.
2. It discourages the presentation of the so-called propensity evidence evidence that one acts in accordance with ones
character.
Prosecution cannot initially attack the character of the accused and unless he himself opens the subject, his character remains
an untouchable issue insofar as the prosecution is concerned. (CrimPro)

(1.c)
Pertains only to criminal cases, not to admin cases

(2)
Evidence of moral character of a party in civil case is not admissible, UNLESS the issue involved is character.
Where the plaintiff seeks damages for an injury to his reputation, or brings an action in which his recovery is in a measure
dependent on his good character, he offers his character for the inspection of the court. He makes it an issue in the case, and
he cannot complain if the defendant takes up the issue, and proceeds with evidence to show that it is not such a character as
well help him in the recovery, which he seeks.

(3)
Character of a witness must be attacked or impeached before the testimony sustaining his character may properly be admitted.