Friday, February 10, 2017

Generally, the character of a party is regarded as legally irrelevant in determining a controversy.15 One statutory exception is that relied upon by respondent, i.e., Section 51 (a) 3, Rule 130 of the Revised Rules on Evidence, which we quote here:
"SEC. 51. Character evidence not generally admissible; exceptions. –
(a) In Criminal Cases:
x x x           x x x
(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."
It will be readily observed that the above provision pertains only to criminal cases, not to administrative offenses. And even assuming that this technical rule of evidence can be applied here, still, we cannot sustain respondent’s posture.
Not every good or bad moral character of the offended party may be proved under this provision. Only those which would establish the probability or improbability of the offense charged. This means that the character evidence must be limited to the traits and characteristics involved in the type of offense charged.16 Thus, on a charge of rape - character for chastity, on a charge of assault - character for peaceableness or violence, and on a charge of embezzlement - character for honesty.17 In one rape case, where it was established that the alleged victim was morally loose and apparently uncaring about her chastity, we found the conviction of the accused doubtful.18
In the present administrative case for sexual harassment, respondent did not offer evidence that has a bearing on Magdalena’s chastity. What he presented are charges for grave oral defamation, grave threats, unjust vexation, physical injuries, malicious mischief, etc. filed against her. Certainly, these pieces of evidence are inadmissible under the above provision because they do not establish the probability or improbability of the offense charged.
Obviously, in invoking the above provision, what respondent was trying to establish is Magdalena’s lack of credibility and not the probability or the improbability of the charge. In this regard, a different provision applies.
Credibility means the disposition and intention to tell the truth in the testimony given. It refers to a person’s integrity, and to the fact that he is worthy of belief.19 A witness may be discredited by evidence attacking his general reputation for truth,20 honesty21 or integrity.22 Section 11, Rule 132 of the same Revised Rules on Evidence reads:
"SEC. 11. Impeachment of adverse party’s witness. –A witness may be impeached by the party against whom he was called, by contradictory evidence, by evidence that his general reputation for truth, honesty, or integrity is bad, or by evidence that he has made at other times statements inconsistent with his present testimony, but not by evidence of particular wrongful acts, except that it may be shown by the examination of the witness, or the record of the judgment, that he has been convicted of an offense."
Although she is the offended party, Magdalena, by testifying in her own behalf, opened herself to character or reputation attack pursuant to the principle that a party who becomes a witness in his own behalf places himself in the same position as any other witness, and may be impeached by an attack on his character or reputation.23
With the foregoing disquisition, the Court of Appeals is correct in holding that the character or reputation of a complaining witness in a sexual charge is a proper subject of inquiry. This leads us to the ultimate question – is Magdalena’s derogatory record sufficient to discredit her credibility?

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