Professional Documents
Culture Documents
Historical Background
Facts: This case involves a prosecution under the Anti-Subversion Act. Trial Court
disallowed the printing of data from diskettes because the diskettes were in the
possession of the prosecution and printing could be manipulated by prosecution witness.
Held: SC held that trial court's lack of confidence in the witness should not have
affected the integrity of the diskettes or prosecution's right to show contents of the
diskettes.
Facts: This is an illegal termination case. Employer attached e-mails to Position Paper
showing absenteeism, tardiness, and sufficient warnings therefor.
Burgos and IBM cases highlight three (3) evidentiary matters relating to
computer-based documents: (1) Right to use the document as evidence; (2) Integrity of
the electronic document; and (3) Authentication of the document for evidentiary
purposes.
14 June 2000
- The Electronic Commerce Act (RA 8792) was approved into law.
- The ECA was basically patterned after the UNCITRAL Model Law which was the model
law for Electronic Commerce Laws adopted by the UN General Assembly in 1996.
- Under Sec. 11 of ECA, the Supreme Court is to promulgate rules on authentication of
electronic documents and signatures.
13 July 2000
The Department of Trade and Industry approved the Implementing Rules and
Regulations ("IRR") for the ECA.
The IRR contained no detailed rules on evidence.
01 March 2001
SC Administrative Circular No. 19-2001 constituted the Committee on the
Revision of Rules of Court to draft the Rules on E-Commerce Law.
17 July 2001
Supreme Court En Banc approves the Rules on Electronic Evidence ("REE").
01 August 2001
The REE went into effect.
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REMEDIAL LAW (EVIDENCE)
MEMORY AID – ANNEX A
ATENEO CENTRAL BAR OPERATIONS 2002
NON-DISCRIMINATION RULE
Sec. 10. Original documents. - (1) Where the law requires information to be
presented or retained in its original form, that requirement is met by an electronic
data 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 is
presented.
Sec. 7. x x x
xxx
The Act does NOT modify any statutory rule relating to the admissibility of
electronic data messages or electronic documents, except the rules relating to
authentication and best evidence.
.................................
REE is interim in nature. Hence, it will be improved as time and experience will
dictate.
REE is simplified to facilitate its application to actual court setting and to minimize
use of technical terms in the ECA.
Familiar terms and phrases found in the present body of law are used to the
maximum.
Due to novelty and technical nature REE should not be strictly construed as to
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REMEDIAL LAW (EVIDENCE)
MEMORY AID – ANNEX A
ATENEO CENTRAL BAR OPERATIONS 2002
RULE 1
COVERAGE
SECTION 2. Cases Covered. - These Rules shall apply to all civil actions and
proceedings, as well as quasi-judicial and administrative cases.
RULE 2
DEFINITION OF TERMS AND CONSTRUCTION
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REMEDIAL LAW (EVIDENCE)
MEMORY AID – ANNEX A
ATENEO CENTRAL BAR OPERATIONS 2002
The REE should be liberally construed and the international origin of the ECA
should be taken into consideration.
Doubts should be resolved in favor of admissibility.
RULE 3
ELECTRONIC DOCUMENTS
4
REMEDIAL LAW (EVIDENCE)
MEMORY AID – ANNEX A
ATENEO CENTRAL BAR OPERATIONS 2002
RULE 4
BEST EVIDENCE RULE
Copies as originals
Exceptions
(1) Genuine questions raised as to authenticity of original;
(2) Unfair to admit the copy in lieu of original
Addition of any (1) endorsement, (2) authorized change, and (3) change which arises
in the normal course of (a) Communication, (b) storage, or (c) display does not affect
the integrity of the electronic document.
5
REMEDIAL LAW (EVIDENCE)
MEMORY AID – ANNEX A
ATENEO CENTRAL BAR OPERATIONS 2002
RULE 5
AUTHENTICATION OF ELECTRONIC DOCUMENTS
ECA expressly grants the Supreme Court power to modify the modes of
authentication (Sec. 12). The Supreme Court may adopt other authentication
procedures.
RULE 6
ELECTRONIC SIGNATURES
6
REMEDIAL LAW (EVIDENCE)
MEMORY AID – ANNEX A
ATENEO CENTRAL BAR OPERATIONS 2002
RULE 7
EVIDENTIARY WEIGHT OF ELECTRONIC DOCUMENTS
7
REMEDIAL LAW (EVIDENCE)
MEMORY AID – ANNEX A
ATENEO CENTRAL BAR OPERATIONS 2002
RULE 8
BUSINESS RECORDS AS EXCEPTION TO THE HEARSAY RULE
RULE 9
METHOD OF PROOF
Affidavit evidence
Requisites for admissibility; and
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REMEDIAL LAW (EVIDENCE)
MEMORY AID – ANNEX A
ATENEO CENTRAL BAR OPERATIONS 2002
Cross-examination
Affiant shall be made to affirm the contents of the affidavit in open court;
May be cross-examined by adverse party (Sec. 2)
RULE 10
EXAMINATION OF WITNESSES
Electronic testimony
Summary hearing through affidavit testimony subject to cross examination
pursuant to Rule 9;
Necessity of presentation of testimonial evidence by electronic means;
Terms and conditions as may be necessary under the circumstances, including
the protection of the rights of the witnesses concerned.
RULE 11
AUDIO, PHOTOGRAPHIC, VIDEO, AND EPHEMERAL EVIDENCE
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REMEDIAL LAW (EVIDENCE)
MEMORY AID – ANNEX A
ATENEO CENTRAL BAR OPERATIONS 2002
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
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