Accused-appellant makes capital of Joseph’s bad reputation in their community. He alleges that the victim’s drug habit led him to commit other crimes and he may have been shot by any of the persons from whom he had stolen.³⁰As proof of Joseph’s bad character, appellant presented Herminia’s letter to Mayor Malonzo seeking his assistance for Joseph’s rehabilitation from drugs. On rebuttal, Herminia admitted that she wrote such letter to Mayor Malonzo but denied anything about her son’s thievery.³¹

Character evidence is governed by Section 51, Rule 130 of the Revised Rules on Evidence, viz:

"Section 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.

x x x      x x x      x x x."

Character is defined to be the possession by a person of certain qualities of mind and morals, distinguishing him from others. It is the opinion generally entertained of a person derived from the common report of the people who are acquainted with him; his reputation.³² "Good moral character" includes all the elements essential to make up such a character; among these are common honesty and veracity, especially in all professional intercourse; a character that measures up as good among people of the community in which the person lives, or that is up to the standard of the average citizen; that status which attaches to a man of good behavior and upright conduct.³³

The rule is that the character or reputation of a party is regarded as legally irrelevant in determining a controversy, so that evidence relating thereto is not admissible. Ordinarily, if the issues in the case were allowed to be influenced by evidence of the character or reputation of the parties, the trial would be apt to have the aspects of a popularity contest rather than a factual inquiry into the merits of the case. After all, the business of the court is to try the case, and not the man; and a very bad man may have a righteous cause.³⁴ There are exceptions to this rule however and Section 51, Rule 130 gives the exceptions in both criminal and civil cases.

In criminal cases, sub-paragraph 1 of Section 51 of Rule 130 provides that the accused may prove his good moral character which is pertinent to the moral trait involved in the offense charged. When the accused presents proof of his good moral character, this strengthens the presumption of innocence, and where good character and reputation are established, an inference arises that the accused did not commit the crime charged. This view proceeds from the theory that a person of good character and high reputation is not likely to have committed the act charged against him.³⁵ Sub-paragraph 2 provides that the prosecution may not prove the bad moral character of the accused except only in rebuttal and when such evidence is pertinent to the moral trait involved in the offense charged. This is intended 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.³⁶ The offering of character evidence on his behalf is a privilege of the defendant, and the prosecution cannot comment on the failure of the defendant to produce such evidence.³⁷ Once the defendant raises the issue of his good character, the prosecution may, in rebuttal, offer evidence of the defendant’s bad character. Otherwise, a defendant, secure from refutation, would have a license to unscrupulously impose a false character upon the tribunal.³⁸