Rules on Electronic Evidence

Case s c ove re d by Rule s on Ele c t ronic Evide nc e

All c rimina l a nd civil a ctions a nd proc e e dings as we ll as quasi judicial a nd a dministra tive c a se s.

De finition of te rm s

“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 may be used intechangeably with Electronic data message

“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 procedures employed or adopted by a person and executed or adopted by such person with the intention of authenticating or approving an electronic data message or electronic document. An electronic signature includes digital signatures
Rule 5. Aut he nt ic ation of Ele c tronic Doc ume nt s

W ho has t he bur de n to prove t he aut he ntic it y of an e le c tronic doc ume nt ?

The pe r son se e king to intr oduc e an ele c tr onic doc um e nt in a ny le gal proc e eding ha s the bur de n of proving its a uthe ntic ity . (Se c 1. Rule 5)

How to prove t he aut he ntic it y of e le c tronic docume nt s?

Be f or e a ny pr ivate e le c tr onic doc um ent of fe re d as a uthe ntic is re c eive d in e videnc e , its authe ntic ity must be pr ove d by a ny of the following me a ns:
a) by e vide nc e tha t it had be en digita lly signe d by the per son pur por te d to have signe d the sa me ;
b) by e vide nc e tha t othe r a ppropr ia te se cur ity pr oce dure s or de vic e s as ma y be a uthor iz e d by the Supre me Court or by la w for a uthe ntic a tion of ele ctronic docume nts we re a pplie d to the doc um e nts; or
c) by other e vide nc e show ing its inte grity a nd re lia bility to the sa tisfa c tion of the judge . ( Sec . 2, Rule 5)
Sec.1 Rule 6- An electronic signature or a digital signature authenticated in the manner prescribed under Sec 2 of the same Rule is admissible evidence as the functional equivalent of the signature of a person on a written document.

How an electronic signatures may be authenticated?

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;
3) by any other means satisfactory to the judge as establishing the genuiness of the electronic signature; (Sec. 2, Rule 2)
Rule 8. Business Records as Exception to the Hearsay Rule

Sec1. Another exception to 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.

This presumption 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 (Sec 2, Rule 8)
Rule 9 Method of Proof
How to prove that admissibility and evidentiary weight of an electronic document ?
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. (Sec. 1)

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. (SEC. 2 Cross-examination of deponent)
Rule 11 –Audio, Photographic, Video and Ephemeral Evidence

Sec. 1 Audio, photographic and video evidence of events, acts or transactions shall be admissible provided it shall be shown, presented or