26.  G.R. No.

170633, October 17, 2007

MCC INDUSTRIAL SALES CORPORATION v. SSANGYONG CORPORATION

Facts:

Ssangyong was a supplier of MCC. They conducted business through telephone

calls and facsimile or telecopy transmissions. Since MCC could open only a
partial letter of credit, two separate invoices were prepared for MCC’s orders of
steel from Ssangyong. MCC failed to open a letter of credit for the second order
despite several requests for extension and price reduction, hence, Ssangyong
filed a case for damages against MCC for breach of their contract. Ssangyong
presented the photocopies of the facsimile print-outs.

MCC argued that mere photocopies are inadmissible in evidence because the
law merely admits as the best evidence the original fax transmittal.

Ssangyong, on the other hand, contended that print-outs and/or photocopies

of facsimile transmissions are electronic evidence and admissible.

Issue:

WON facsimile transmissions are electronic evidence and admissible as such.

Held:

No, facsimile transactions are not electronic evidence and are inadmissible.

The Rules on Electronic Evidence regards an electronic document as

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 the said Rules. An electronic document is also 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.

To be admissible in evidence as an electronic data message or to be considered

as the functional equivalent of an original document under the Best Evidence
Rule, the writing must foremost be an electronic data message or an electronic
document. Electronic data message refers to information generated, sent,
received or stored by electronic, optical or similar means.

The terms electronic data message and electronic document as defined do not
include a facsimile transmission. Accordingly, a facsimile transmission cannot
be considered as electronic evidence. It is not the functional equivalent of an
original under the Best Evidence Rule and is not admissible as electronic
evidence, hence, with greater reason that a photocopy of such fax transmission
not electronic evidence.