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
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