THE RULES ON ELECTRONIC EVIDENCE

The Rules on Electronic Evidence shall apply to cases pending after their effectivity. These Rules shall take effect on 1 August 2001.

RULE 1
COVERAGE

SECTION 1. SCOPE - Unless otherwise provided herein, these Rules shall apply whenever an electronic document or electronic data message, as defined in Rule 2 hereof, is offered or used in evidence.

SECTION 2. CASES COVERED - These Rules shall apply to all civil actions and proceedings, as well as quasi-judicial and administrative cases.

RULE 2
DEFINITION AND CONSTRUCTION

SECTION 1. DEFINITION OF TERMS -


e. "Digital signature" refers to an electronic signature consisting of a transformation of an electronic document or an electronic data message using an asymmetric or public cryptosystem such that a person having the initial untransformed electronic document and the signer's public key can accurately determine:

• whether the transformation was created using the private key that corresponds to the signer's public key; and


• whether the initial electronic document had been altered after the transformation was made.

h. "Electronic document" refers to information or the 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, stored, processed, retrieved, or produced electronically. It includes digitally signed documents and any print-out or output, readable by sight or other means, which accurately reflects the electronic data message or electronic document. For purposes of these Rules, the term "electronic document" may be used interchangeably with "electronic data message".

j. "Electronic signature" refers to any distinctive mark, characteristic and/or sound in electronic form, representing the identity of a person and attached to or logically associated with the electronic data message or electronic document 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 electronic data message or electronic document. For purposes of these Rules, an electronic signature included digital signatures.

k. "Ephemeral electronic communication" refers to telephone conversations, text messages, chatroom sessions, streaming audio, streaming video, and other electronic forms of communication the evidence of which is not recorded or retained.

SECTION 2. CONSTRUCTION - These Rules shall be 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, the Electronic Commerce Act.

RULE 3
ELECTRONIC DOCUMENTS

SECTION 1. ELECTRONIC DOCUMENTS AS FUNCTIONAL EQUIVALENT OF PAPER-BASED DOCUMENTS - Whenever a rule of evidence refers to the term writing, document, record, instrument, memorandum, or any other form of writing, such term shall be deemed t o include an electronic document as defined in these Rules.

SECTION 2. ADMISSIBILITY - An electronic document is admissible in evidence if it complies with the rules on admissibility prescribed by the Rules of Court and related laws and is authenticated in the manner prescribed by these Rules.

SECTION 3. PRIVILEGED COMMUNICATION - The confidential character of a privileged communication is not lost solely on the ground that it is in the form of an electronic document.

RULE 4
BEST EVIDENCE RULE

SECTION 1. ORIGINAL OF AN ELECTRONIC DOCUMENT - An 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 the data accurately.

SECTION 2. COPIES OF EQUIVALENT OF THE ORIGINALS - When a document is in 2 or more copies executed at or about the same time with identical contents, or is a counterpart produced by the same impression as the original, or from the same matrix, or by mechanical or electronic re-recording, or by chemical reproduction, or by the other equivalent techniques which accurately reproduces the original, such copies or duplicates shall be regarded as the equivalent of the original.

Notwithstanding the foregoing, copies or duplicated shall not be admissible to the same extent as the original if:

1. A genuine question is raised as to the authenticity of the original; or
   
2. In the circumstances, it would be unjust or inequitable to admit the copy in lieu of the original.

RULE 5
AUTHENTICATION OF ELECTRONIC DOCUMENTS

SECTION 1. 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.

SECTION 2. 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 procedures 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.

SECTION 3. 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

SECTION 1. ELECTRONIC SIGNATURE - an electronic signature or a 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.

SECTION 2. AUTHENTICATION OF ELECTRONIC SIGNATURES - an electronic signature may be authenticated in any of the following manner:

1. By evidence that a method or process was utilized to establish a digital signature and verify the same;


2. By any other means provided by law; or


3. By any other means satisfactory to the judge as establishing the genuineness of the electronic signature.

SECTION 3. DISPUTABLE PRESUMPTIONS RELATING TO ELECTRONIC SIGNATURES - Upon the authentication of an electronic signature, it shall be presumed that:

1. The electronic signature is that of the person to whom it correlates;


2. The 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'


3. The methods or processes utilized to affix or verify the electronic signature operated without error or fault.

SECTION 4. DISPUTABLE PRESUMPTIONS RELATING TO DIGITAL SIGNATURES - Upon the authentication of a digital signature,it shall be presumed, in addition to those mentioned in the immediately preceding section, that:

1. The information contained in a certificate is correct;


2. The digital signature was created during the operational period of a certificate;


3. No cause exists to render a certificate invalid or revocable;


4. The message associated with a digital signature has not been altered from the time it was signed; and


5. a certificate had been issued by the certification authority indicated therein.

RULE 7
EVIDENTIARY WEIGHT OF ELECTRONIC DOCUMENTS

SECTION 1. FACTORS FOR ASSESSING EVIDENTIARY WEIGHT - In assessing the evidentiary weight of an electronic document, the following factors may be considered:

1. The reliability of the manner or method in which it was generated, stored, or communicated, including but not limited to input and output procedures, controls, tests, and checks for accuracy and reliability of the electronic data message or document, in the light of all the circumstances as well as any relevant agreement;
2. The reliability of the manner in which its originator was identified;
3. The integrity of the information and communication system in which it is recorded or stored, including but not limited to the hardware and computer programs or software used as well as programming errors;
4. The familiarity of the witness or the person who made the entry with the communication and information system;
5. The nature and quality of the information which went into the communication and information system upon which the electronic data message or electronic document was based;
6. Other factors which the court may consider as affecting the accuracy or integrity of the electronic documents or electronic data message.

SECTION 2. 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 document 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 the electronic document, and 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 of the 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

SECTION 1. INAPPLICABILITY OF 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 at or near the time of or from transmission or supply of information by a person with knowledge thereof, and kept in the regular course of conduct of a business activity, and such was the regular practice to make the memorandum, report, record, or data compilation by electronic, optical, or similar means, all of which are shown by the testimony of the custodian or other qualified witnesses, is excepted from the rule on hearsay evidence.

SECTION 2. OVERCOMING THE PRESUMPTION - The presumption provided for in Section1 of this Rule may be overcome by evidence of the untrustworthiness of the course of information or the method or circumstances of the preparation, transmission, or storage thereof.

RULE 9
METHOD OF PROOF

SECTION 1. AFFIDAVIT EVIDENCE - All matters relating to the admissibility and evidentiary weight of an electronic document may be established by an affidavit stating facts of direct personal knowledge of the affiant or based on authentic records. The affidavit must affirmatively show the competence of the affiant to testify on the matters contained therein.

SECTION 2. CROSS-EXAMINATION OF DEPONENT - The affiant shall be made to affirm the contents of the affidavit in open court and may be cross-examined as a matter of right by the adverse party.

RULE 11
AUDIO, PHOTOGRAPHIC, VIDEO, AND EPHEMERAL EVIDENCE

SECTION 1. AUDIO, VIDEO, AND SIMILAR EVIDENCE - Audio, photographic, and video evidence of events, acts, or transactions shall be admissible provided it shall be shown, presented, or displayed to the court and 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.

SECTION 2. EPHEMERAL ELECTRONIC COMMUNICATIONS - Ephemeral electronic communications 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 the telephone conversation or ephemeral electronic communication shall be covered by the immediately preceding section.

If the foregoing communications are recorded or embodied in an electronic document, the the provisions of Rule 5 shall apply.