CHARACTER EVIDENCE

Character evidence- is what you are, reputation is what the community

knows you are. Note: common reputation is excepted from the hearsay
rule (S40 and 41 R 130)

Is character evidence admissible?

G.R. No. A case should be decided based on the facts and the law, not
on the character of the parties. The Court should try the case, not the
man.

A. What are the uses of character evidence

a. As to CIRCUMSTANTIAL EVIDENCE, that is, that a person acted in
conformity with his character = Criminal : Yes; Civil: No
b. As to DIRECT evidence of character, where character itself is fact
in issue = Criminal -Prosecution/Defense; Civil: fact in issue
c. To IMPEACH the adverse party’s witness (Section 11, R132)
d. To REHABILITATE a witness whose character has been impeached
(Section 14, Rule 132)

Rule regarding character evidence in civil cases:

1. In civil cases, evidence of moral character of a party is admissible

only when pertinent to the issue of character involved in a case. the
fact in issue involved must be character itself Hence, character
cannot be used a circumstantial evidence in a civil case.
2. Example where the issue of character is involved in civil cases:
a. In civil actions for libel or slander, where the character of the
aggrieved person is a fact in issue that may be proved by both
plaintiff and defendant;
b. In civil actions for seduction, where the woman seduced must be
of good reputation;
c. In cases involving negligent hiring;
d. In child custody cases, where the character of the parents or
guardians is a fact-in-issue.

PLAINTIFF CIVIL CASES DEFENDANT

In civil cases, evidence of

moral character of a party
is admissible only when
pertinent to the issue of
character involved in a case

+ the fact in issue involved

must be character itself.
Hence, character cannot be
used as a circumstantial
evidence in a civil case
 Rule regarding character evidence in criminal cases:

A. Accused in criminal cases

1. (Defense’s evidence) The accused may prove his good moral character if
pertinent to the moral trait involved in the offense charged.
- For instance, in charge for estafa, the accused may prove his good
moral character. However, in charge for failing to register securities
before offering them for sale, there is no moral trait involved.
2. (for rebuttal of defense’s evidence) The prosecution cannot adduce
evidence of the accused’s bad moral character unless the defense opens
the door for rebuttal by introducing evidence of the accused’s good
moral character.

B. Offended party (private complainant/victim) in a criminal case

a. Evidence of the good or bad moral character of the offended party is
admissible if it tends to establish the probability or improbability of
the offense charged. (defense evidence)

Thus, evidence of the violent character of victim is relevant to prove

self-defense by the accused.
Prosecution’s evidence. Evidence of victim’s non-violent character
can be adduced by the prosecution to show the accused’s guilt.

CRIMINAL CASES DEFENSE: the

accused may prove
PROSECUTION: ACCUSED’S GOOD OR his good moral
GEN. RULE: The BAD MORAL CHARACTER character if pertinent
prosecution cannot to the moral trait
adduce evidence of the involved in the
accused’s bad moral offense charged.
character;
EXC.: Unless the defense
opens the door for
rebuttal by introducing
evidence of the
accused’s good moral
character

Evidence of the good CRIMINAL CASES Evidence of the good

or bad moral or bad moral
character of the character of the
offended party is offended party is
admissible if it tends OFFENDED PARTY admissible if it tends
to establish the (VICTIM) to establish the
probability or probability or
improbability of the improbability of the
offense charged offense charged
C. Rule on character evidence regarding witnesses
1. Adverse party’s witness
- The adverse party may introduce evidence that a witness’s general
reputation for honesty, integrity or truth is bad for purposes of
impeaching the witness;
2. Party’s witness
- If the good character of a witness has been impeached, the party
presenting the witness may rehabilitate his witness by presenting
evidence of his good character. Note: a party cannot present
evidence of the good moral character of his witness if the same has
not been impeached.

IMPEACHMENT OF A WITNESS

ADVERSE PARTY:
To impeach: The adverse party
may introduce evidence that a
witness’s general reputation for
honesty, integrity or
truthfulness is bad for purposes
of impeaching a witness

To rehabilitate: if the good

character of a witness has been
impeached, the party
presenting the witness may
rehabilitate his witness by
presenting evidence of his good
character

PARTY’S WITNESS:
A party cannot present
evidence of the good moral
character of his witness if the
same is not been impeached

How is character evidence proved?

Character is proved by: (ROS)

1. Reputation evidence;
2. Specific instances of conduct; or
3. The witness’ opinion

Reputation evidence
- Evidence of common reputation is the standard method of proving
character. (S41 R130); A witness’s general reputation for honesty,
integrity, or truth may be impeached by reputation evidence.
Specific instances of conduct
- G.R. – specific instances of conduct may not be used to prove
character. (collateral issue/circumstantial)
- Exception:
a. where character itself is in issue. E.g in libel or slander and
the defense of is truth -evidence of specific instances of
conduct would be admissible.
b. In rape cases, evidence of complainant’s past sexual
conduct is admissible if found relevant by court; see Rape
Shield Rule.

Witness’ Opinion
- G.R. witness is not admissible to prove character unless 1) character
itself in issue; or 2. In rape cases where opinion of the victim’s past
sexual conduct is admissible if found relevant by the court; see Rape
Shield Rule.

B. Character evidence may be proved by:

a. REPUTATION Evidence – rule : the standard method of proving character; allowed either
in criminal or civil cases
(- cf. Common Reputation – an exception to the hearsay rule.; compare : opinion of a
witness; G.R. not admissible)
(-Under section 41, Rule 130- a witness’s general reputation for honesty, integrity or truth
may be impeached by reputation evidence)
b. SPECIFIC INSTANCES OF CONDUCT (SIC) – G.R. SIC may not be used to prove
character. Exc. Where character itself is in issue
c. WITNESS’ OPINION ; G.R. not admissible to prove character unless 1) character itself in
issue; or 2) in rape cases where opinion of the victim’s past sexual conduct is admissible if
found relevant by the court (see Rape Shield Rule, Section 5, RA No. 8505