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Character As Evidence




Character evidence not generally admissible.


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


General Rule
character evidence is not admissible in evidence.


Exceptions


Criminal Cases
1. Accused may prove his good moral character which is pertinent
   to the moral trait involved in the offense charge
2. The prosecution may not prove bad moral character of the
   accused unless in rebuttal when the latter opens the issue by
   introducing evidence of his good moral character
3. As to the offended party, his good or bad moral character may
   be proved as long as it tends to establish the probability or
   improbability of the offense charged.


Exceptions to this exception:
1. Proof of the bad character of the victim in a murder case is not
   admissible if the crime was committed through treachery and
   evident premeditation and
2. In prosecution for rape, evidence of complainant’s past sexual
   conduct, opinion thereof or of his/her reputation shall not be
   admitted unless, and only to the extent that the court finds
   that such evidence is material and relevant to the case.
   (Rape Shield, RA 8505 Section 6)


Civil Cases
The moral character of either party thereto can not be proved
unless it is pertinent to the issue of character involved in
the case.


      Evidence of the witness’ good character is not admissible
      until such character has been impeached.


      People vs. Irang 1937    
      It is admissible when it is otherwise relevant, as when it
      tends to identify defendant as the perpetrator and tends to
      show is presence at the scene of the crime or in the vicinity
      of the crime at the time charged, or when it is evidence of
      a circumstance connected with the crime.


As To Witnesses
Both criminal and civil, the bad moral character of a witness may
always be proved by either party but not of his good moral character,
unless such character has been impeached.


People vs. Soliman 1957
Victim’s good/bad moral character is not necessary in a crime of
murder where the killing is committed through treachery or
premeditation.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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