Rules on Electronic

Evidence
AM 01-07-01-SC
• Scope:
This applies whenever an electronic document or electronic data message is offered or used in
evidence.

• Application of other rules on evidence:

Matters NOT covered by these Rules – the rules of court and pertinent provisions of statutes
containing rules on evidence shall apply.

• Cases Covered – these Rules shall apply to:

1. Criminal
2. Civil actions and proceedings
3. Quasi-judicial
4. Administrative cases.

• Application of Rules on Electronic Evidence in Criminal Cases –

As to the admissibility of text messages – RTC admitted them in conformity with the Court’s
earlier resolution applying the Rules on Electronic Evidence to criminal actions (People vs Enojas).
Construction:
 Liberally construed to assist the parties in
obtaining a just, expeditious, and inexpensive
determination of cases.
 The interpretation of these Rules – shall also
take into consideration the international
origin of RA 8792 (Electronic Commerce Act).
 Rule 3
Electronic Documents

Electronic Documents as functional

equivalent of paper-based documents:
Whenever a Rule of Evidence refers to
the following terms:
• Writing
• Document
• Record
• Instrument
• Memorandum
• Any other form of writing – deemed
to include electronic document
 Admissibility:
An electronic evidence is admissible in evidence IF:
1. It complies with the rules on admissibility prescribed by the RoC and related laws; and
2. Authenticated in the manner prescribed by these Rules.

Facsimile Signature was ALLOWED because it is NOT

proscribed by law; and:
1. There is a waiver – because the CENR Commissioner
himself referred to such signature thus admitting its
validity (Heirs of Sabanpan vs Comorposa)
2. Print out of an original document – likewise
considered an original document within the purview
of the Best Evidence Rule

General Rule – A scanned image of the original document

is NOT an original document (MCC vs Ssangyong)
 Exception: If otherwise provided under RA 9369 –
Automated Election Law.
Privileged Communication
The confidential character of a privileged communications is NOT LOST solely on the
ground that it is in the form of an electronic document.
 Text Messages – may be admitted as evidence (Vidallon-Magtolis vs Salud)
 Text messages have been classified as ephemeral electronic communication under Sec 1
(k) of Rule 2 of the Rules on Electronic Evidence.
 Shall be proven by testimony of a person who was a party to the same or has personal
knowledge thereof.

 SC admitted evidence even if there was no authentication – due to extradition treaty

between HK and PH. There is urgency in this case. (Cuevas vs Muños)

 Filing a Pleading by Facsimile – NOT allowed by the Rules of COMELEC and RoC
(suppletorily) – Garvida vs Sales
 Rule 4
Best Evidence Rule
Original of an Electronic Document
 Electronic Document – shall be regarded as the equivalent of
an original document under the Best Evidence Rule –
If it is a printout or output readable by sight or other means,
shown to reflect data accurately.

Copies Equivalent of the Originals

 General Rule: When a document is in 2 or more copies.
1. Executed at or about the same time with identical contents;
2. Counterpart produced by the same impression as the original;
3. From the same matrix;
4. By mechanical or electronic re-recording;
5. By chemical reproduction;
6. Other equivalent techniques which accurately reproduces the
original;
7. Such copies or duplicates shall be regarded as the equivalent
of the original.
EXCEPTIONS:
Copies or duplicates shall NOT be
admissible to the same extent as the
original if:
1. A Genuine question – raised as to the
authenticity of the original; or
2. It would be Unjust or Inequitable – to
admit a copy in lieu of the original under
the circumstances.
 Rule 5
Authentication of Electronic Documents

Burden of Proving Authenticity:

 The person seeking to introduce an electronic
document in any legal proceeding
 Has the burden of proving its authenticity in the
manner provided in this Rule.

Who may Authenticate

1) One who is a party to the document – even
notaries public;
2) Other persons privy to the document; and
3) Experts
 Manner of Authentication
 Before any private electronic document offered as
authentic is received in evidence,
 Its authenticity must be proved by any of the
following means:
1. By evidence – that it had been digitally signed by
the person purported to have signed the same
2. By evidence – that other appropriate security
procedure or devices as may be authorized by the
SC or by law for authentication of electronic
documents were applied to the document; or
3. By other evidence – showing its integrity and
reliability to the satisfaction of the judge.

Proof of Electronically Notarized Document:

 A document electronically notarized in accordance with the rules promulgated by the
SC –
 Shall be considered as a public document and proved as a notarial document under the
Rules of Court.
 Rule 6
Electronic Signatures
1) An electronic signature or digital signature
authenticated
 In the manner prescribed hereunder
 Is admissible in evidence
 As the functional equivalent of the signature of a person
on a written document.

2) Authentication of electronic signatures – may be

authenticated in any of the following manner:
a. By evidence – that a method or process was utilized to
establish a digital signature and verify the same.
b. By any other means – provided by law; or
c. By any other means – satisfactory to the judge as
establishing the genuineness of the electronic signature.
 Disputable presumptions in relation to:
Electronic Signature:
Upon authentication of an electronic signature, it shall be presumed
that:
1. Electronic Signature – is that of the person to whom it
correlates;
2. Electronic signature – was affixed by that person
 with the intention of authenticating or approving the electronic
document to which it is related, OR
 to indicate such person’s consent to the transaction embodied
therein; and
3. the methods or processes – utilized to affix or verify the
electronic signature operated without error or fault.

Digital Signatures
 Upon authentication of a digital signature, it shall be presumed, in addition to those mentioned in the above
paragraph, that:
1. The information contained in a certificate is correct;
2. Digital signature – was created during the operational period of a certificate;
3. Message associated – with a digital signature has NOT been altered from the time it was signed;
4. Certificate – has been issued by the certification authority indicated therein.
5. NO cause exists to render a certificate invalid or revocable.
 Rule 7
Evidentiary weight of Electronic Documents
Factors for Assessing the Evidentiary Weight:
1. Reliability of the manner or method in which it was 4. Familiarity of the witness or the person – who
generated, stored or communicated, including but not made the entry
limited to: with the communication or information system;
Input and output procedures, Controls, Tests and
checks for accuracy and reliability of the electronic data
message or document, in the light of all circumstances 5. Nature and Quality of the information – which went
as well as any relevant agreement; into the communication and information system
Upon which the electronic data message or
2. Reliability of the manner – in which its originator was
electronic document was based; or
identified;

3. Integrity of the information and communication system 6. Other factors – which the court may consider as
– in which it is recorded or stored, including but not limited affecting the accuracy or integrity of the
to:
electronic document or
Hardware
electronic data message.
computer programs or
software used, as well as
programming errors.
Integrity of an Information and Communication System
 IN any dispute involving the integrity of the information and
communication system in which an electronic document or
electronic data message is recorded or stored,
 The court may consider, among others, the following factors:

1. Whether the information and communication system or other

similar device – was operated in a manner that did NOT affect the
integrity of electronic document,
 There are NO other reasonable grounds to doubt the integrity
of the information and communication system

2. Whether the electronic document – was recorded or stored by a

party to the proceedings
 With interest adverse to that party using it; or

3. Whether the electronic document – was recorded or stored in

the usual and ordinary course of business
 By a person who is NOT a party to the proceedings and WHO
DID NOT act under the control of the party using it.
 Rule 8
Business records as EXCEPTION to the Hearsay Rule
 A memorandum,
 report,
 record or
 data compilation of acts, events, conditions, opinions, or
 diagnoses,
 made by electronic, optical or other similar means shall be
excepted from the rule on hearsay evidence provided that:

1. it was made at or near the time of or from transmission or

supply of information by a person with knowledge thereof;
2. it was kept in the regular course or conduct of a business
activity;
3. such was the regular practice to make the memorandum,
report, record, or data compilation by electronic, optical or
similar means.
4. All of which are shown by the testimony of the custodian or
other qualified witnesses.
Overcoming Presumption:
 The presumption provided for in Sec 1 of this Rule may be overcome by
evidence of the:
a. untrustworthiness of the source of information or
b. the method or circumstances of the preparation, transmission, or storage
thereof.
 Rule 9
Method of Proof
Affidavit of Evidence
 All matters relating to the admissibility and evidentiary
weight of electronic document may be established by:
a. an affidavit stating facts of direct personal knowledge of
the affiant or
b. based on authentic records

 Affidavit – must affirmatively show the competence of

the affiant to testify on the matters contained therein.

Cross-Examination of Deponent
 The affiant – shall be made to affirm the contents of the
affidavit in open court
 He may be cross-examined – as a matter of right by the
adverse party.
 Rule 11
Audio, Photographic, Video, and Ephemeral Evidence
Audio, Video and Similar Evidence – of events, acts, or transactions
shall be admissible provided it:
1. Shall be shown, presented, displayed to the court; and
2. Shall be identified, explained, or authenticated by the person
who made the recording or by some other person competent to
testify on the accuracy thereof.
Ephemeral Electronic Communication
 Shall be proven by the testimony of a person who was a party to
the same or has personal knowledge thereof.
 In the absence or unavailability of such witnesses – other
competent evidence may be admitted.
 A recording of a telephone conversation or ephemeral
electronic communication – shall be covered by the immediately
preceding section.
 Foregoing communications are recorded or embodied in an
electronic document – then the provisions of Rule 5 shall apply.
Ephemeral Electronic Communication
 Shall be proven by the testimony of a person who was a
party to the same or has personal knowledge thereof.
 In the absence or unavailability of such witnesses – other
competent evidence may be admitted.

 A recording of a telephone conversation or ephemeral

electronic communication – shall be covered by the
immediately preceding section.

 Foregoing communications are recorded or embodied in

an electronic document – then the provisions of Rule 5
shall apply.
Definition of Terms

Electronic Document
 Information or representation of information, data, figures, symbols or other modes of written
expression, described, or however represented,
 By which a right is established or an obligation extinguished, or
 By which a fact may be proved and affirmed.
 Which is received, recorded, transmitted, stored, processed, retrieved or produced electronically.

Includes the following:

 Digitally signed documents and
 Any printout or output –
 Readable by sight or other means
 Which accurately reflects the electronic data message or electronic document.
 It may be used interchangeably with electronic data message.
Digital Signature
 An electronic signature consisting of a transformation of an electronic document or an
electronic data message
 Using an assymetric or public cryptosystem
 Such that a person having the initial untransfomed electronic document and the signer’s
public key can accurately determine:
1. Whether the transformation was created using the private key that corresponds to the
signer’s public key; and
2. Whether the initial electronic document had been altered after the transformation was
made.

Electronic Signature
 Any distinctive mark, characteristic, and/or sound in electronic form,
 Representing the identity of a person and attached to or logically associated with EDM or
ED or any methodology or procedure employed or adopted by a person and
 Executed or adopted by such person
 With the intention of authenticating, signing, or approving an EDM or ED.
 Electronic signature includes digital signatures.
Electronic Data Message
 Information generated, sent, received, or stored by electronic, optical, or similar means.

Business Records –
 Include records of any business, institution, association, profession, occupation, and
calling of every kind,
 Whether or not conducted for profit, or for legitimate purposes.

Ephemeral Electronic Communication

 Telephone conversations,
 text messages,
 chatroom sessions,
 streaming audio
 streaming video
 other electronic forms of communication
the evidence of which is NOT recorded or retained.
Best Evidence Rule
Section 3. Original document must be produced; exceptions. — When the subject of inquiry is the
contents of a document, no evidence shall be admissible other than the original document itself,
except in the following cases:
(a) When the original has been lost or destroyed, or cannot be produced in court, without bad faith on
the part of the offeror;
(b) When the original is in the custody or under the control of the party against whom the evidence is
offered, and the latter fails to produce it after reasonable notice;
(c) When the original consists of numerous accounts or other documents which cannot be examined
in court without great loss of time and the fact sought to be established from them is only the general
result of the whole; and
(d) When the original is a public record in the custody of a public officer or is recorded in a public
office.

Section 4. Original of document. —

(a) The original of the document is one the contents of which are the subject of inquiry.
(b) When a document is in two or more copies executed at or about the same time, with identical
contents, all such copies are equally regarded as originals.
(c) When an entry is repeated in the regular course of business, one being copied from another at or
near the time of the transaction, all the entries are likewise equally regarded as originals.
Information and communication system

 Refers to a system for generating, sending, receiving, storing or otherwise processing

electronic data messages or electronic documents and
includes the computer system or other similar devices by or in which data are recorded
or stored and
any procedure related to the recording or storage of electronic data messages or
electronic documents.