RULE 130-REVISED RULES OF EVIDENCE (3)

OPINION RULE

According to the Revised Rules of Evidence, the General Rule is that the opinion of a witness is not admissible, except as indicated in the following sections. (Section 51)

• The opinion of expert witness on a matter requiring a special knowledge, skill, experience, training or education, which he or she is shown to posses, may be received in evidence. (Section 52)
• The opinion of a witness, for which proper basis is given, may be received in evidence regarding-

(a) The identity of a person about whom he or she has adequate knowledge;

(b) A handwriting with which he or she has sufficient familiarity; and

(c) The mental sanity of a person with whom he or she is sufficiently acquainted. The witness may also testify on his or her impressions of the emotion, behavior, condition or appearance of a person. 

CHARACTER EVIDENCE

According to the Revised Rules on Evidence, character evidence is generally not admissible. (Section 54)

Evidence of a person's character 

Exceptions: 

(a) In Criminal Cases:

(1) The 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. 

(2) The accused may prove his or her good moral character, pertinent to the moral trait involved in the offense charged. However, the prosecution may not prove his or her bad moral character unless on rebuttal. 

(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 Criminal and Civil Cases:

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

In all cases in which evidence of character or trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct. 

In cases in which character or a trait of character of a person is an essential element of a charge, claim or defense, proof may also be made of specific instances of that person's conduct.