h. Character Evidence

Common reputation

Common reputation existing previous to the controversy, as to boundaries of or customs affecting lands in the community and reputation as to the events of general history important to the community, or respecting marriage or moral character, may be given in evidence. Monuments and inscriptions in public places may be received as evidence of common reputation (Rule 130, Sec. 43)

Testimony does not constitute common reputation unless such is equivalent to universal reputation. (City of Manila v. Del Rosario, G.R. No. 1284, 1905)

Common reputation is the definite opinion of the community in which the fact to be proved is known or exists. It means the general or substantially undivided reputation, as distinguished from a partial or qualified one, although it need not be unanimous. (Regalado, 2008 ed.)

What may be Established by Common Reputation:

• Boundaries of or customs affecting lands in the community
• Reputation as to events of general history important to the community
• Reputation respecting marriage
• Reputation respecting moral character

Reputation and Character Distinguished

• Character – refers to the inherent qualities of a person. It means that which a person really is.
• Reputation – applies to the opinion which others may have formed and expressed of his character. It means that which a person is reputed to be. Under this section, the character of a person is permitted to be established by his common reputation. (Regalado, 2008 ed.) The character of a certain place as an “opium joint” can be established by proof of facts and circumstances including evidence of its common reputation in the community (U.S. v. Choa Chiok, G.R. No. 12423, 1917)