Where the law requires a document to be in writing, that requirement is met by an electronic document

if the said electronic document maintains its integrity and reliability and can be authenticated so as to
be usable for subsequent.

Ex. A donation of movable property worth 5k or more should be in writing, this requirement is met
when the donor himself texted the done stating the donation given. Acceptance can also be in email or
text message. Because an electronic doc. Has the same effect, validity and enforceability as any other
document or legal writing.

Note: immovable property is different since this kind of donation requires to be done in a public
document.

RETENTION OF E-DOC

The requirement in any provision of law that certain documents be retained in their original form is
satisfied by retaining them in the form of an electronic document. Ex. Land title

Functional equivalent rule

For evidentiary purposes, an electronic doc shall be the functional equivalent of a written document
under existing laws.

PAROL EVIDENCE RULE- bars evidence of prior or contemporaneous terms and conditions, whether oral
or written

Theory of integration

Once a a document or once an agreement has been reduced in writing it is considered to have
incorporated all the terms between the parties, so anything not included there is deemed to not have
been agreed to by the parties.

Subsequent terms and conditions are not barred from the parol evidence rule.

PER applies only to written contracts.

Note however that a will is considered a written agreement for purposes of the PER.

Exceptions to PER (VISA)

Evidence to prove exception must be clear and convincing evidence and credibility as to overturn the
written agreement.

S 10 a R130

Latent/ intrinsic ambiguity- that which is not apparent from the face of the document but appears from
some extraneous circumstances.
Patent ambiguity- defect which cant be corrected by a parol evidence.

Intent of parties not expressed in written agreement-

SC: S 10 a and b R130- is available only where written contract is so obscure or ambiguous that the
parties’ contractual intention cannot be understood from a mere reading of the instrument.

MISTAKE- MIF

1. Mutual
2. Unilater- fraud

Conditions precedent covered by PER

Suspensive condition- not allowed in PER

Special kinds of Evidence

1. Epehemeral Electronic Communication

- Electronic forms of communication the evidence of which is not recorded or retained.

Ex. Phone talks, chatroom sessions, streaming audio, streaming video if not recorded.

Streaming video, streaming video recorded are already electronic document and part of the def. of a
documentary evidence.

Pp v enojas

The RTC properly admitted the text message in conformity with the court’s earlier resolution applying
the Rules on Elec. Evidence to criminal actions. Text messages are to be proved by the testimony of a
person who was a party or has personal knowledge of them.

Chain of Custody of evidence in drugs cases

2 witnesses require required in sec. 21 of RA 9165 must be present at the inventory which must be done
immediately after the arrest. “Calling them in” to the inventory at the police station is not compliance
with Sec. 21.

1. Elected public official.

2. Either a representative of a media or national prosecution service

Both present at the time of the seizure or inventory, not later because of the danger of planting.

Exc. Dangerous police raid

QUALIFICATION OF A WITNESS

Any person who can perceive and make known his perception to others is qualified to be a witness.

- Even a child of tender years

There is now law requiring for an authorization to testify.