TESTIMONIAL

EVIDENCE
NATURE OF TESTIMONIAL OR ORAL EVIDENCE –
EVIDENCE ELICITED FROM THE MOUTH OF A
WITNESS AS DISTINGUISHED FROM REAL AND
DOCUMENTARY EVIDENCE (BLACK’S LAWS
DICTIONARY, 5TH ED., P. 1323)
COURT TESTIMONY
M/W/FRI
5:45 PM-7:15 PM

CLJ 5

ATTY. REX L. FLORES,

RN
 Ittherefore, means the eligibility of an evidence to be
admitted by the court. When applied to a witness,
competence means that the witness means is qualified to
take the stand and testify.
 Experience and plain observation will tell us that the
presentation and introduction of every kind of evidence,
whether it to be object, demonstrative or documentary
evidence, need the intervention of a witness.
 Itis a legal truth that identification precedes
authentication.
 PRESUMPTION IN FAVOR OF
COMPETENCE OF A WITNESS
 G.R. a person who takes the stand as a witness is presumed
to be qualified to testify. A party who desires to questions
the competence of a witness must do so by making an
objection as soon as the fact tending to show
incompetency are apparent.
QUALIFICATIONS OF A WITNESS:
 As to the qualification of the witness, Sec. 20, Rule 130 of
the Rules of Court provides:
 “SEC. 20 Witnesses; their qualification. – Except as
provided in the next succeeding Section, all persons who
can perceive, and perceiving, can make known their
perception to others, may be witnesses.
 Religious or political belief, interest in the outcome of the
case, or conviction of a crime unless otherwise provided
by law, shall not be a ground for disqualification.”
 BASIC QUALIFICATION OF A
WITNESS
 (a) can be perceive; and
 (b)in perceiving, can make known his perception to
others.
 These may add the following:
 (a) he must take either an oath or an affirmation
 (b)He must not possess any of the disqualification
imposed by law.
 OATH OR AFFIRMATION
 The willingness to take an oath or affirmation is an essential
qualification of a witness. No court would and should allow the
testimony of someone who desires to testify but refuses to swear or
make an affirmation.
 A person is not qualified to be a witness if he is incapable of
understanding the duty to tell the truth.
 It is enough that the witness understands and believes that some
earthly evil will occur to him for lying.
 Any objection to the competency of a witness raises an issue of fact.
 Not all may want to take an oath for reasons of religion or the lack
of it.
 ABILITY TO PERCEIVE

 A WITNESSMUST BE ABLE TO PERCEIVE AN

EVENT. THUS, IT WOULD BE ABSURD TO ASK A
BLIND MAN THAT HE SAW, OR A DEAF PERSON
WHAT HE HEARD
ABILITY TO MAKE KNOWN THE
PERCEPTION TO OTHERS
 The ability of the witness to make known his perception to
the court involves two factors: (a) Ability to remember
what has been perceived; and (b) Ability to communicate
the remembered person.
COMPETENCY AND CREDIBILITY

 Competence is a matter of law or, in this jurisdiction also a

matter of rule. Credibility of the witness has nothing to do
with the law or the rules.
 Accordingly a prevaricating witness or one who has given
contradicting testimonies is still a competent witness.
Although he may be competent witness, his testimony may
not be given much weight by the court or no weight at all.
 Biasis not even a basis for declaring a witness in
competent to testify.
 Under the Rules of Court, person covered by the
survivorship Disqualification rule cannot testify as to any
matter of fact occurring before the death or insanity before
the adverse party. This rule is directed to the issue of
competency of a witness, not to his credibility.
 Drug abuse will not render a person incompetent to testify.
 Questions concerning the credibility of a witness are best
addressed to the sound discretion of the trial court as it is
in the best position to observe his demeanor and bodily
movements.
 It is an axiomatic that when it comes to evaluating of the testimonies of witnesses,
great respect is accorded to the filing of the trial judge who is in a better position
to observe the demeanor, facial expression, and the manner of testifying of
witnesses
 In more specific terms, the court, in Pp. v. Basao, explained the principle, thus:
 “As consistently adhered to by this court, the matter of assigning values to
declarations on the witness stand is best and most competently performed by the
trial judge, who had the unmatched opportunity to observe the witnesses and to
assess their credibility by the various indincia available but not reflected on the
record. The demeanor of the person on the stand can draw the line between the
fact and fancy. The forthright answer or the hesitant pause, the quivering voice or
the angry tone, the flustered look or the sincere gaze, the modest blush or the
guilty blunch- these can reveal if the witness is telling the truth or lying through
his teeth.
Other factors that do not affect the competency of a witness:

1. Under Sec. 20 of Rule 130, except as provided by the law and the rules, the following factors do not,
as a general Rule, constitute a disqualification of a witness:

(a) Religious belief

(b) Political Belief
(c) Interest in the outcome of the case; or
(d) Conviction of a crime, unless otherwise provided by law (Example: those who have been convicted
of falsification of a document, perjury or false testimony are disqualified from being a witness to a
will).

2. The relationship of a witness with a party does not ipso facto render him a biased witness in a criminal
cases where the quantum of evidence is proof beyond reasonable doubt. There is no reason why the
same principle should not apply to a civil case where the quantum of evidence is only preponderance of
evidence.
 DISQUALIFICATION OF WITNESSES

DISQUALIFICATION BY REASON OF MENTAL INCAPACITY

SEC. 21 (A) of Rule 130:

“SEC. 21. Disqualification by reason of mental incapacity x x x. ----- The following persons
cannot be witnesses:

(a) Those whose mental condition, at the time of their production for examination, is
such that they are incapable of intelligently making their perception to others;

TO BE DISQUALIFIED AS A WITNESS BY REASON OF MENTAL INCAPACITY, THE

FOLLOWING MUST CONCUR:

(a) Incapable of intelligently making known his perception to others; and

(b) His incapability must exist at the time of his production for examination.
 DISQUALIFICATION BY REASON OF IMMATURITY

1. Sec 21 (b) of Rule 130 provides:

2. “ SEC 21 (b) Disqualification by reason of xxxx immaturity. ---- The following cannot be
witnesses:

3. (b) Children whose mental maturity is such as to render them incapable of perceiving the facts
respecting which they are examined and of relating the the truthfully.”

1. TO BE DISQUALIFIED AS WITNESS BY REASON OF IMMATURITY, THE

FOLLOWING MUST CONCUR:

2. (a) the mental maturity of the witness must render him incapable of perceiving the facts
respecting which he is examined; and
3. (b) he is incapable of relating his perception truthfully.
CHILD WITNESS; MEANING

A ”child witness” is any person who, at the time of giving testimony, is below
the age of eighteen (18) years

May a person over eighteen (18) years old be sometimes considered as a child?

Yes, he may. In child abuse cases, a child includes one over eighteen (18) years
but in found by the court as unable to fully take care of himself or protect
himself from abuse, neglect, cruelty, exploitation, or discrimination because of
physical or mental disability or condition.
COMPETENCY OF A CHILD WITNESS; presumption;
competency examination
1. Every child is presumed to be a qualified witness.
2. When the court finds that substantial doubt exists regarding the ability of the child to perceive,
remember, communicate, distinguish, truth from falsehood, or appreciate the duty to tell the truth
in court, the court shall conduct a competency examination of the child.
3. The competency examination of a child witness is n ot open to the public. Only the following to
attend the examination:

(a) The judge and the necessary court personnel

(b) The counsel of the parties;
(c) The guardian ad litem;
(d) One or more support persons for the child; and
(e) The defendant, unless the court determines that the competence can be fully evaluated in his
absence.
4. The competency examination of the child shall be conducted only by the judge.
5. The questions asked at the competency examination shall be appropriate to the age and developmental level of
a child.
6. The assessment of competency of a child is designed to be a continuing one.
SURVIVORSHIP DISQUALIFICATION
RULE OR THE DEADMAN’S ATATUTE
SEC. 23. DISQUAILIFICATION BY REASON OF DEATH OR
INSANITY OF ADVERSE PARTY. – Parties or assignors of parties to a
case, or persons in whole behalf a case is prosecuted, against an executor
or administrator or other representative of a deceased person, or against a
person of unsound mind, upon a claim or demand against the estate of
such deceased person or against such person of unsound mind, cannot
testify as any matter of fact occurring before the death of such deceased
person or before such person became of unsound mind.”
MARITAL DISQUALIFICATION RULE
(SPOUSAL IMMUNITY)
SEC 22 of Rule 120, Disqualification by reason of marriage.
-----During their marriage, neither the husband nor the wife may testify for or against the other
without the consent of the affected spouse, except in civil case by one against the other, or in a
criminal case for a crime committed. By one against the other or the latter’s direct descendant and
ascendants.”

(a) There is identity of interests between husband and wife;

(b) If one were to testify for and against the other, there is a consequent danger of perjury;
(c) The policy of the law is to guard the security and confidences of private life, even at the risk of
an occasional failure of justice, and to prevent domestic disunion and unhappiness; and
(d) Where there is want of domestic tranquility, there is danger of punishing one spouse through the
hostile testimony of the other.
EXCEMPTIONS TO MARITAL
DISQUALIFICATION RULE
1. In a civil case against the other; or
2. In a criminal case for a crime committed by one against the other, or the
latter’s direct descendants or ascendants

Testimony where spouse is accused with others

May a spouse testify in a trial where the other spouse is a co-accused?

TESTIMONY BY THE ESTRANGED SPOUSE

MARITAL PRIVILEDGED COMMUNICATIONS

SEC. 24. Disqualification by reason of privildeged communication. –

The following cannot testify as to the matters learned in confidence in the following cases:
The husband or a wife, during or after the marriage, cannot be examined without the consent of
the other as to any communication received in confidence by one from the other during the
marriage except in the civil case by one against the other, or in criminal case for a crime
committed by one against the other or the latter’s direct descendants or ascendants;

The application of the rule requires the presence of the following elements:

(a) There must be a valid marriage between the husband and wife;
(b) There must be communication received in confidence by one from the other; and
(c) The confidential communication was received during the marriage
Explanation of distinctions between the marital disqualification rule and the privileged
communication rule:

MPC applies only to testimonies of a confidential nature received by one spouse from the other
during the marriage and obviously does not include acts merely observed by the spouse unless
intended as a means of conveying confidential communication by one to the other.

Sec 22 is applied instead of section 24

Sec. 24 can be invoked even after dissolution of marriage

Sec. 22 Cannot be invoked after marriage
Atty-Client-Privilege

Sec. 24.

(b) An atty. Cannot, without the consent of his client, be

examined as to communication made by the client to him or
his advice given thereon in the course, of, or with a view to,
professional employment, nor can an atty’s. secretary,
stenographer, or clerk be examined, without the consent of the
client and his employer, concerning any facts of the
knowledge of which has been acquired in such capacity.
Requisites:
(a) There must be communication made by the client to the atty., oe an advice given by the
atty. To his client.
(b) Be given in confidence
(c) In the course of professional employment.
Physician-patient privilege

“SEC. 24. Disqualification by reason of privileged communication. --- The following

persons cannot testify as to matters learned in confidence in the following cases:
(a) x x x
(b) x x x
(c) A person authorized to practice medicine, surgery or obstetrics cannot in a civil
case, without the consent of the patient, be examined as to any advice or treatment
given by him or any information which he may have acquired in attending such
patient in a professional capacity, which information was necessary to enable him
to act in that capacity, and which would blacken the reputation of the patient; x x
x“
The information which cannot be disclosed refers to:

(a)Any advice given to the client;

(b)Any treatment given to the client;
(c)Any information acquired in attending such patient provided that the advice ,
treatment or information was made or acquired in a professional capacity and was
necessary to enable him to act in that capacity; and
(d)The information sought to be disclosed would tend to blacken the reputation of the
patient. The word “reputation” is used instead of the previous word, “character”.
Priest/minister – penitent privilege

“SEC. 24. Disqualification by reason of privileged communication.– The following

persons cannot testify as to matters learned in confidence in the following cases:

xxxx

(d) A minister or priest cannot, without the consent of the person making the
confession, be examined as to any confession made to or any advice given by him
in his professional character in the course of discipline enjoined by the church to
which the priest or minister or priest belongs;

x x x”
Privileged communications to public officers

“SEC. 24. Disqualification by reason of privileged communication. – The following

persons cannot testify as to matters learned in confidence in the following cases:

xxx
(e) A public officer cannot be examined during his term of office or afterwards, as to
communications made to him in official confidence, when the court finds that the public
interest would suffer by the disclosure.
 EXECUTIVE PRIVILEGE; PRESIDENTIAL COMMUNICATIONS PRIVILEGE
THERE IS A PRIVILEGE AGAINST DISCLOSURE ON CERTAIN MATTERS INVOLVING STATE SECRECTS
REGARDING THE FOLLOWING:

(A) MILITARY;
(B) DIPLOMATIC; AND,
(C) OTHER NATIONAL SECURITY MATTERS.

SEC. 2 (a) of E.O. 464considered the executive privilege to cover all confidential and classified information
between the President and public officers enumerated in the executive order, including:
(a) Conversation and correspondence between the President and the public official covered by the executive order;
(b) Military, diplomatic and other national security matters which, in the interest of national security, should not be
divulged;
(c) Information between inter-government agencies prior to the conclusion of treaties and executive agreements;
(d) Discussions in closed-door cabinet meetings; and
(e) Matters affecting national security and public order.
Sec. 2 (b) proceeded by enumerating the following public officers covered by
E.O. 464:

(a) Senior officials of executive

What other matters are considered privileged?

The guardian ad litem shall not testify in any proceeding concerning any information, statement, or opinion
received from the child in the course of serving as a guardian ad litem, unless the court finds it necessary to
promote the best interests of the child [Sec. 5 (e), Rule on Examination of a Child Witness];

Editors, publisher, or duly accredited reporter of any newspaper, magazine or periodical of general circulation
cannot be compelled to reveal the source of any news report or any information given to him in confidence, unless
a court or a House or a committee of Congress finds that such revelation is demanded for State security (R.A.
1477);

Voters may not be compelled to disclose for whom they voted;

Trade secrets cannot be disclosed although this is not absolute as the court may compel disclosure where it is
indispensable for doing justice (Francisco, p. 335, 1992 ed.);

Bank deposits are absolutely confidential in nature except upon written permission of the depositor, or in cases of
impeachment, or upon lawful order of a competent court (R.A. 1405; Francisco, p. 335, 1992 ed.);
onciliators and similar officials shall not testify in any court or body regarding any matter taken up at the conciliation
proceedings conducted by them (Art. 233, Labor Code); and

Informers, for the protection of their identity, cannot be compelled to testify by the prosecutor when their testimony would
merely be cumulative and corroborative (Herrera, Vol. V, p. 353, 1999 ed.).

What are the rights of a witness?

To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor;
Not to be detained longer than the interests of justice require;
Not to be examined except only as to matters pertinent to the issue;
Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law (right
against self-incrimination)
Note: This refers to immunity statutes wherein the witness is granted immunity from criminal prosecution for offenses
admitted in his testimony, e.g. under Sec. 8, R.A. 1379, the law providing for the forfeiture of unlawfully acquired property;
and under P.D. 749, in prosecutions for bribery and graft.
Not to give an answer, which will tend to degrade his reputation, unless it be to the very fact at issue or to a fact from which
the fact in issue would be presumed. But a witness must answer to the fact of his previous final conviction for an offense
(Sec. 3).
 What are the classifications of immunity statutes?

Use Immunity Transactional Immunity

Prohibits the use of the witness' compelled Grants immunity to the witness from prosecution
testimony and its fruits in any manner in for an offense to which his compelled testimony
connection with the criminal prosecution of the relates
witnes

May a witness refuse to answer questions material to the inquiry?

GR: A witness cannot refuse to answer questions. The witness has the obligation to answer questions, although his
answer may tend to establish a claim against him (Sec. 3)

XPN: A witness may validly refuse to answer under the:

Right against self-incrimination – if his answer will tend to subject him to punishment for an offense; or
Right against self-degradation – if his answer will have a direct tendency to degrade his character.
XPN to the XPN: A witness may not invoke the right against self-incrimination nor the right against self-
degradation if:
Such question is directed to the very fact at issue or to a fact from which the fact at issue would be presumed; or
If it refers to his previous final conviction for an offense. (Regalado, Vol. II, pp. 841- 842, 2008 ed.)

The constitutional assurance of the right against self- incrimination is a prohibition against the use of physical or
moral compulsion to extort communications from the accused. It is simply a prohibition against legal process to
extract from the a􏰂􏰂used􏰉s o􏰇􏰁 lips, agai􏰁st his 􏰇ill, ad􏰆issio􏰁 of his guilt (Ong v. Sandiganbayan & Office
of the Ombudsman, G.R. No. 126858, Sept. 16, 2005).
Q: Distinguish the right against self-incrimination of the accused from that of an ordinary
witness.

Accused Ordinary Witness

Cannot be compelled to testify or produce May be compelled to testify by subpoena,
evidence in the criminal case in which he having only the right to refuse to answer a
is the accused or one of the accused, he particular incriminating question at the
cannot be compelled to do so even by time it is put to him.
subpoena or other process or order of the
court. He cannot be required either for the
prosecution, for co- accused or even for
himsel
May a witness refuse to take the witness stand?

GR: A witness may not refuse to take the witness stand

XPNs:

An accused in a criminal case; or

In civil and administrative cases that partake the nature of or analogous to a criminal proceeding. As
long as the suit is criminal in nature, the party thereto can decline to take the witness stand. It is not the
character of the suit involved but the nature of the proceedings that controls (Rosete, et. al. v. Lim, et.
al., G.R. No. 136051, June 8, 2006).
Mr. Talisman, a government official, was invited by the Senate to be one of the
resource persons in the public hearing in one of its committees. When Mr.
Talisman declined the invitation, the Senate directed its sergeant-at-arms to
place him under arrest for contempt. He was arrested and brought to the Senate
where he was detained. He filed a petition for certiorari and prohibition alleging
that his right against self-incrimination was violated. Is his contention correct?
No. The right against self-incrimination may only be invoked when the
incriminating question is being asked, since he has no way of knowing in advance
the nature or effect of the questions to be asked. That this right may possibly be
violated or abused is no ground for denying respondent senate committees their
power of inquiry. (In Re: Sabio, G.R. No. 174340, Oct. 17, 2006).

Q: Is the right against self-incrimination available to a witness who has been

admitted to the Witness Protection Program?
Any witness admitted into the program of the Witness Protection, Security and
Benefit Act cannot refuse to testify or give evidence or produce books,
documents, records or writings necessary for the prosecution of the offense or
offenses for which he has been admitted into the Program on the ground of the
constitutional right against self-incrimination but he shall enjoy immunity from
criminal prosecution and cannot be subjected to any penalty or forfeiture for any
transaction, matter or thing concerning his compelled testimony or books,
documents, records and writings produced (Sec. 14, R.A. 6981).

Who may be admitted to the Witness Protection, Security and Benefit

Program ?
Any person who has witnessed or has knowledge or information on the commission of a crime and has testified or is
testifying or about to testify before any judicial or quasi-judicial body, or before any investigating authority may be
admitted provided that:

the offense in which his testimony will be used is a grave felony as defined under the Revised Penal Code, or its equivalent
under special laws;

his testimony can be substantially corroborated in its material points;

he or any member of his family within the second civil degree of consanguinity or affinity is subjected to threats to life or
bodily injury or there is a likelihood that he will be killed, forced, intimidated, harassed or corrupted to prevent him from
testifying, or to testify falsely, or evasively, because or on account of his testimony; and

he is not a law enforcement officer, even if he would be testifying against the other law enforcement officers. In such a
case, only the immediate members of his family may avail themselves of the protection provided for under the Act (Sec. 3,
R.A. 6981).

Who is a State witness?

Any person who has participated in the commission of a crime and desires to be a witness
for the State, can apply and shall be admitted into the Program if the following
circumstances are present:

the offense in which his testimony will be used is a grave felony as defined under the
Revised Penal Code or its equivalent under special laws;
there is absolute necessity for his testimony;
there is no other direct evidence available for the proper prosecution of the offense
committed;
his testimony can be substantially corroborated on its material points;
he does not appear to be most guilty; and
he has not at any time been convicted of any crime involving moral turpitude.

Can a State witness be liable for contempt or criminal prosecution?

Yes, if he fails or refuses to testify or to continue to testify without just cause when
lawfully obliged to do so, he shall be prosecuted for contempt. If he testifies falsely or
evasively, he shall be liable to prosecution for perjury. If a State witness fails or refuses
to testify, or testifies falsely or evasively, or violates any condition accompanying such
immunity without just cause, as determined in a hearing by the proper court, his
immunity shall be removed and he shall be subject to contempt or criminal prosecution.
Moreover, the enjoyment of all rights and benefits under R.A. 6981 shall be deemed
terminated. The witness may, however, purge himself of the contumacious acts by
testifying at any appropriate stage of the proceedings (Sec. 13, R.A. 6981).
 RULES ON ELECTRONIC EVIDENCE

Acting on the Memorandum dated 18 June 2001 of the Committee on the

Revision of the Rules of Court to Draft the Rules on 
E-Commerce Law [R.A. No. 8792] submitting the Rules on Electronic
Evidence for this Court's consideration and approval, the Court Resolved to
APPROVED the same.

The Rules on Electronic Evidence shall apply to cases pending after their
effectivity. These Rules shall take effect on the first day of August 2001
following thier publication before the 20th of July in two newspapers of
general circulation in the Philippines
17th July 2001.
 RULES ON ELECTRONIC EVIDENCE
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.
Section 3. Application of other rules on evidence. – In all matters not specifically covered by these
Rules, the Rules of Court and pertinent provisions of statutes containing rules on evidence shall
apply.

Rule 2
DEFINITION OF TERMS AND CONSTRUCTION

Section 1. Definition of terms. – For purposes of these Rules, the following terms are defined, as
follows:
(a) "Asymmetric or public cryptosystem" means a system capable of generating a secure key pair,
consisting of a private key for creating a digital signature, and a public key 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.

"Certificate" means an electronic document issued to support a digital signature which

purports to confirm the identity or other significant characteristics of the person 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 with the 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.

"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 c
 i. whether the transformation was created using the private key that corresponds to the signer's public
key; and
i. whether the initial electronic document had been altered after the transformation

(f) "Digitally signed" refers to an electronic document or electronic data message bearing 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 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. 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".

(i) "Electronic key" refers to a secret code which secures and defends sensitive information that crosses over public
channels into a form decipherable only with a matching electronic key.
(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 includes 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.

(l) "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.

(m) "Key pair" in an asymmetric cryptosystem refers to the private key and its mathematically related public key such
that the latter can verify the digital signature that the former creates.
 (n) "Private key" refers to the key of a key pair used to create a digital signature.
(o) "Public key" refers to the key of a key pair used to verify a digital signature.
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 Republic Act No. 8792,
otherwise known as 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
to 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 as equivalent of the originals. – When a document is in two 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 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 duplicates shall not be admissible to the same extent as the original if:
(a) a genuine question is raised as to the authenticity of the original; or
(b) 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:
(a) by evidence that it had been digitally signed by the person purported to have signed the same;
(b) by evidence that other appropriate security procedures or devices as 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 the satisfaction of the judge.
Section 3. Proof of electronically notarized document. – A document electronically notarized in accordance
with the rules promulgated by the Supreme Court 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:
(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.
Section 3. Disputable presumptions relating to electronic signatures. – Upon the authentication of an
electronic signature, it shall be presumed that:
(a) The electronic signature is that of the person to whom it correlates;
(b) 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; and
(c) 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:
(a) The information contained in a certificate is correct;
(b) The digital signature was created during the operational period of a certificate;
(c) No cause exists to render a certificate invalid or revocable;
(d) The message associated with a digital signature has not been altered from the time it was signed;
and,
(e) 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:
(a) 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;
(b) The reliability of the manner in which its originator was identified;
(c) 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;
(d) The familiarity of the witness or the person who made the entry with the communication and information system;
(e) 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; or
(f) Other factors which the court may consider as affecting the accuracy or integrity of the electronic document 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 data message is recorded or
stored, the court may consider, 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 the integrity of the electronic document, and there are no other reasonable grounds to doubt the integrity of the
information and communication system;
(b) 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
(c) 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 or 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 Section 1 of this Rule
may be overcome by evidence of the untrustworthiness of the source 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 10
EXAMINATION OF WITNESSES

Section 1. Electronic testimony. – After summarily hearing the parties pursuant to Rule 9 of these Rules, the court may
authorize the presentation of testimonial evidence by electronic means. Before so authorizing, the court shall determine the
necessity for such presentation and prescribe terms and conditions as may be necessary under the circumstances, including the
protection of the rights of the parties and witnesses concerned.
Section 2. Transcript of electronic testimony. – When examination of a witness is done electronically, the entire proceedings,
including the questions and answers, shall be transcribed by a stenographer, stenotypist or other recorder authorized for the
purpose, who shall certify as correct the transcript done by him. The transcript should reflect the fact that the proceedings,
either in whole or in part, had been electronically recorded.
Section 3. Storage of electronic evidence. – The electronic evidence and recording thereof as well as the stenographic
notes shall form part of the record of the case. Such transcript and recording shall be deemed prima facie evidence of
such proceedings.
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, then the provisions of Rule 5
shall apply.
 Rule 12
EFFECTIVITY

Section 1. Applicability to pending cases. – These Rules shall apply to cases pending after their
effectivity.
Section 2. Effectivity. – These Rules shall take effect on the first day of August 2001 following their
publication before the 20th of July 2001 in two newspapers of general circulation in the Philippines.