Professional Documents
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ON
-D
ISCRIMINATION
ULE
Sec. 6.
Information shallNOT be denied validity or enforceability solely on the ground that it is in the formof
electronic data message purporting to give rise to such legal effect, or that it ismerely incorporated
by reference in that electronic data message.
Sec. 12.
In any legal proceedings, NOTHING in theapplication of the rules on evidence shall DENY
admissibility of an electronicdata message or electronic document in evidence -a. On the sole
ground that it is in electronic form; or b. On the ground that it is NOT the standard form.
F
UNCTIONAL
QUIVALENT
ULE
Sec.7.
xxx
Sec. 10.
Original documents. -
(1) Where the law requires information to bepresented or retained in its original form, that
requirement is met by an electronicdata message or electronic document if:(a) The integrity of the
document ... is shown by evidence
aliunde
or
otherwise,
and(b) ... the document is capable of being displayed to the person to whom it ispresented.
Sec. 8.
- An electronic signatureon the electronic document shall be equivalent to the signature of a person
on awritten document if the signature is an electronic signature and proved byshowing that a
prescribed procedure, not alterable by the parties interested in theelectronic document, existed ...
ECA N
OT
A
R
ULE
ON
UTOMATIC
DMISSIBILITY
Sec. 7.
x x xx x xThe Act does NOT modify any statutory rule relating to the admissibility of electronic data
messages or electronic documents, except the rules relating toauthentication and best
evidence..................................
REE is interim in nature. Hence, it will be improved as time and experience willdictate.
REE is simplified to facilitate its application to actual court setting and to minimizeuse of technical
terms in the ECA.
Familiar terms and phrases found in the present body of law are used to themaximum.
Due to novelty and technical nature REE should not be strictly construed as to2
REMEDIAL LAW (EVIDENCE)MEMORY AID – ANNEX AA
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RULE 1COVERAGE
SECTION 1.
Scope. -
Unless otherwise provided herein, these Rules shallapply whenever an electronic document or
electronic data message, as defined in Rule2, hereof, is offered or used in evidence.
Cases Covered.
- These Rules shall apply to all civil actions andproceedings, as well as quasi-judicial and
administrative cases.SECTION 3.
In all matters notspecifically covered by these Rules, the Rules of Court and pertinent provisions
of statutes containing rules on evidence shall apply.
Suppletory application of other rules as provided in the Rules of Court (e.g.relevancy, offer of
evidence) and other Statues containing rules of evidence (e.g.Wiretapping Act (RA 4200) and Bank
Secrecy Law (RA 1405, as amended).
SECTION 1.
Definition of Terms.
- For purposes of these Rules, the followingterms are defined, as follows:(a) "Asymmetric or public
cryptosystem" means a system capable of generatinga secure key pair, consisting of a private key for
creating a digital signature, and a publickey for verifying the digital signature.(b) "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 or illegitimate purposes.(c) "Certificate"
means an electronic document issued to support a digitalsignature which purports to confirm the
identity or other significant characteristics of theperson who holds a particular key pair.(d)
"Computer" refers to any single or interconnected device or apparatus,which, by electronic, electro-
mechanical, or magnetic impulse, or by other means withthe same function, can receive, record,
transmit, store, process, correlate, analyze,project, retrieve, and/or produce information, data, text,
graphics, figures, voice, video,symbols or other modes of expression or perform any one or more of
these functions.(e) "Digital Signature" refers to an electronic signature consisting of atransformation
of an electronic document or an electronic data message using anasymmetric or public cryptosystem
such that a person having initial untransformedelectronic document and the signer's public key can
accurately determine:(i)Whether the transformation was created using the privatekey that
corresponds to the signer's public key; and(ii)Whether the initial electronic document had been
alteredafter the transformation was made.(f) "Digitally signed" refers to an electronic document or
electronic data messagebearing a digital signature verified by the public key listed in a certificate.(g)
"Electronic data message" refers to information generated, sent, received, or stored by electronic,
optical, or similar means.(h) "Electronic document" refers to information or the representation
of information, data, figures, symbols, or other modes of written expression, described or 3
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Construction.
- These Rules shall be liberally construed to assistthe parties in obtaining a just, expeditious, and
inexpensive determination of cases.The interpretation of these Rules shall also take into
consideration theinternational origin of Republic Act No. 8792, otherwise known as the
ElectronicCommerce Act.
The REE should be liberally construed and the international origin of the ECAshould be taken into
consideration.
SECTION 1.
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- Statute of Frauds (Art. 1403, Civil Code)- Bank Secrecy Law (RA 1405, as amended)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 relatedlaws and is authenticated in the manner prescribed by
these Rules.
(1)Complies with the rules on admissibility, and(2)Authenticated in the manner prescribed by the
REE.SECTION 3.
Privileged Communication.
- The confidential character of aprivileged communication is not lost solely on the ground that it is in
the form of anelectronic document.
SECTION 1.
- An electronic document shallbe regarded as the equivalent of an original document under the Best
Evidence Rule if itis a printout or output readable by sight or other means, shown to reflect the
dataaccurately.
(1)Any printout or other output;(2)Readable by sight or by other means; and(3)Shown to reflect the
data accuratelySECTION 2.
Counterparts------>
(1)Produced from the same impression as the original,or from the same matrix, or by mechanical or
electronic re-recording, or by chemical reproduction, or by other equivalenttechniques,
and(2)Accurately reproduces the original. e.g. scanneddocuments
Exceptions
Addition of any
(1) endorsement, (2) authorized change, and (3) change which arisesin the normal course of (a)
Communication, (b) storage, or (c) display
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RULE 5AUTHENTICATION OF ELECTRONIC DOCUMENTSECA prescribes modes of authentication of
electronic documents and signatures(Sec. 11)
ECA expressly grants the Supreme Court power to modify the modes of authentication (Sec. 12).
SECTION 1.
- The person seeking to introducean electronic document in any legal proceeding has the burden of
proving its authenticityin the manner provided in this Rule.SECTION 2.
Manner of authentication.
- Before any private electronic documentoffered as authentic is received in evidence, its authenticity
must be proved by any of thefollowing means:(a) by evidence that it had been digitally signed by the
personpurported to have signed the same;(b) by evidence that other appropriate security
procedures or devices may be authorized by the Supreme Court or by law for authentication of
electronic documents were applied to the document; or (c) by other evidence showing its integrity
and reliability to thesatisfaction of the judge.SECTION 3.
ECA grants SC power to adopt electronic notarization as a mode of authentication (Sec. 11).
(1)Must be electronically notarized in accordance with the rules to bepromulgated by the Supreme
Court.(2)If so: (a) Public document; and (b) Proved as a notarial document.
SECTION 1.
Electronic Signature. -
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(a)The electronic signature is that of the person to whom itcorrelates;(b)The electronic signature
was affixed by that person withthe intention of authentication or approving the electronic document
towhich it is related or to indicate such person's consent to the transactionembodied therein; and(c)
The methods or processes utilized to affix or verify theelectronic signature operated without error or
fault.SECTION 4.
SECTION 1.
- In anydispute involving the integrity of the information and communication system in which
anelectronic document or electronic data message is recorded or stored, the court mayconsider,
among others, the following factors:(a)Whether the information and communication system
or other similar device was operated in a manner that did not affect theintegrity of the electronic
document, and there are no other reasonablegrounds to doubt the integrity of the information and
communicationsystem;(b)Whether the electronic document was recorded or storedby a party to the
proceedings with interest adverse to that of the partyusing it; or (c)Whether the electronic
document was recorded or storedin the usual and ordinary course of business by a person who is
not aparty to the proceedings and who did not act under the control of theparty using it.7
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SECTION 1.
(1)Memorandum, report, record, or data compilation of - acts, events, conditions, opinion, or
diagnoses(2)Made by- electronic, optical, or optical means(3)At or near the time of or from
transmission or supply of information(a) by a person with knowledge thereof,(b) kept in the regular
course or conduct of a business activity, and(c) such was the regular practice of that business
activity- to make the memorandum, report, record, or data compilation- by electronic, optical, or
similar means
- The presumption provided for inSection 1 of this Rule may be overcome by evidence of the
untrustworthiness of thesource of information or the method or circumstances of the preparation,
transmission or storage thereof.
cf
Sec. 43, Rule 130)(2) Entrant need not have personal knowledge (
cf Cangue v. CA, 305 SCRA 579 (1999);Philamlife v. Capital Assurance Corp, [CA] 72 OG 349 [1975]).
SECTION 1.
Affidavit of evidence.
- All matters relating to the admissibility andevidentiary weight of an electronic document may be
established by an affidavit statingfacts of direct personal knowledge of the affiant or based on
authentic records. Theaffidavit must affirmatively show the competence of the affiant to testify on
the matterscontained therein.
Affidavit evidence
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The affiant shall be made toaffirm the contents of the affidavit in open court and may be cross-
examined as a matter of right by the adverse party.
Cross-examination
Affiant shall be made to affirm the contents of the affidavit in open court;
SECTION 1.
Electronic testimony.
- After summarily hearing the partiespursuant to Rule 9 of these Rules, the court may authorize the
presentation of testimonial evidence by electronic means. Before so authorizing, the court
shalldetermine the necessity for such presentation and prescribe terms and conditions asmay be
necessary under the circumstances, including the protection of the rights of theparties and
witnesses concerned.
Electronic testimony
Summary hearing through affidavit testimony subject to cross examinationpursuant to Rule 9;
Terms and conditions as may be necessary under the circumstances, includingthe protection of the
rights of the witnesses concerned.SECTION 2.
- When examination of awitness is done electronically, the entire proceedings, including the
questions andanswers, shall be transcribed by a stenographer, stenotypist, or other
recorder authorized for the purpose who shall certify as correct the transcript done by him.
Thetranscript should reflect the fact that the proceedings, either in whole or in part, had
beenelectronically recorded.
Transcript should reflect the fact that the proceedings, either in whole or in part,had been
electronically recordedSECTION 3.
The electronic evidence andrecording thereof as well as the stenographic notes shall form part of
the record of thecase. Such transcript and recording shall be deemed
prima facie
evidence of suchproceedings.
SECTION 1.
Audio, photographic, andvideo evidence of events, acts, or transactions shall be admissible provided
it shall beshown, presented or displayed to the court and shall be identified, explained,
or authenticated by the person who made the recording or by some other personcompetent to
testify on the accuracy thereof.SECTION 2.
- Ephemeral electronic9
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communications shall be proven by the testimony of a person who was a party to thesame or has
personal knowledge thereof. In the absence or unavailability of suchwitnesses, other competent
evidence may be admitted.A recording of the telephone conversation or ephemeral
electroniccommunication shall be covered by the immediately preceding section.If the foregoing
communications are recorded or embodied in an electronicdocument, then the provisions of Rule 5
shall apply.
RULE 12EFFECTIVITY
SECTION 1.
Effectivity.
- These Rules shall take effect on the first day of August 2001 following their publication before the
20th July 2001 in two newspapers of general circulation in the Philippines.