Sec. 51. Character evidence not generally
admissible; exceptions:—
a) In Criminal
Cases:
(1) The accused may prove his good moral character which is
pertinent to the moral trait involved in the offense charged.
(2) Unless in rebuttal, the prosecution may not prove his bad
moral character which is pertinent to the moral trait involved in the offense
charged.
(3) The good or bad moral character of the offended party may be
proved if it tends to establish in any reasonable degree the probability or
improbability of the offense charged.
b) In Civil Cases:
Evidence of the moral character of a party in a civil case is
admissible only when pertinent to the issue of character involved in the case.
c) In the case provided for in Rule 132, Section 14.
Sec.
14. Evidence of good character of witness. – Evidence of the good character of
a witness is not admissible until such character has been impeached.
Is character evidence
admissible?
Generally, character evidence is not
admissible.
Exceptions
In Criminal Cases:
Accused
1.
The accused may prove his good moral
character which is pertinent to the moral trait involved in the offense
charged.
Reason: such evidence strengthens the presumption of innocence of
the accused.
Such character evidence must be “pertinent to the moral trait
involved in the offense charged” e.g. in prosecution for estafa, perjury or
false testimony wherein the person’s moral trait for honesty or probity is
involved.
2. Unless in rebuttal, the prosecution may
not prove his bad moral character which is pertinent to the moral trait
involved in the offense charged.
Note
that in criminal cases, the prosecution goes first. Hence, it cannot present
evidence on the bad moral character of the accused on its evidence in chief. If
the accused, however, in his defense attempts to prove his good moral
character, then the prosecution can introduce evidence of such bad moral
character at the rebuttal stage. This is intended to avoid unfair prejudice to
the accused who might otherwise be convicted not because he is guilty of the
charge but because he is a person of bad character.
Offended party
The good or bad moral character of the offended party may always
be proved by either party as long as such evidence tends to establish in any
reasonable degree the probability or improbability of the offense charged.
For example, in prosecutions for rape or consented abduction, the
victim’s chastity may be questioned. In prosecution for homicide, the
quarrelsome or trouble-seeking character of the victim is a proper subject for
inquiry.
Exception: Proof of the bad character of the victim in a murder
case is not admissible if the crime was committed through treachery or
pre-meditation (People vs. Soliman, et
al., 101 Phil 767). The bad moral character of a victim in rape case is not
admissible if the crime was committed by violence or intimidation (People vs. Blance, 45 Phil 113, People vs.
Taduyo, L-37928, September 29, 1987)
In Civil Cases:
Evidence of the moral character of a party in a civil case is
admissible only when pertinent to the issue of character involved in the
case.
For example, in civil actions for damages arising from the
offenses of libel, slander or seduction.
Witness
In
both civil and criminal cases, the bad moral character or a witness may always
be proved by either party. (Sec. 11, Rule 132) but not evidence of his good
character, unless it has been impeached. (Sec. 14, id.)
The
character evidence must refer to his “general reputation for truth, honesty or
integrity,” that, affecting his credibility.
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