A.M.
NO.
01-7-01-SC.- RE: RULES ON ELECTRONIC EVIDENCE
EN
BANC
RESOLUTION
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 their
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 data message, as defined in Rule 2 hereof, is offered or
used
in evidence.
SEC. 2. Cases
covered. - These Rules shall apply to all civil actions and
proceedings,
as well as quasi-judicial and administrative cases.
SEC. 3. Application
of the other rules on evidence. - In all matters not specifically
covered
by these Rules, the Rules
of Court and pertinent provisions of statues 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 purposes.
(c) “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.
(e)
“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 can accurately
determine:
(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, characteristics 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 message or electronic
document.
(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.
SEC. 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 of 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.
SEC. 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.
SEC. 3. Privileged
communication. – The confidential character of a privileged
communications
is not 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.
SEC. 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 is 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:
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.
SEC. 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.
SEC. 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
authenticate
din the manner prescribed hereunder is admissible in evidence as the
functional
equivalent of the signature of a person on a written document.
SEC. 2. Authentication
of electronic signatures. – An electronic signature may be
authenticate
in any of the following manner:
(a) By
evidence
that a method or process was utilized to establish a digital signature
and verity 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.
SEC. 3. Disputable
presumptions relation to electronic signature. – 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 verity the electronic signature operated
without error or fault.
SEC. 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) The
message associated
with a digital signature has not been altered from the time it was
signed;
and
(d) 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.
SEC. 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 tot he 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 ot 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 or hearsay evidence.
SEC. 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
of 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.
SEC. 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 circumstance, including the protection of
the rights of the parties and witnesses concerned.
SEC. 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, stenotypes 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.
SEC. 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 is 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.
SEC. 2. Ephemeral
electronic communication. – 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 case. – These Rules shall apply to cases pending after
their
effectivity.
SEC. 2. Effectivity.
– These Rules shall take effect on the first day of August 2001
following
their publication before the 20th day of July 2001 in two newspapers of
general circulation in the Philippines.
(Sgd.)HILARIO G. DAVIDE JR. Chief
Justice
(Sgd.)JOSUE N. BELLOSILLO Associate
Justice
(Sgd.)REYNATO S. PUNO Associate
Justice
(Sgd.)SANTIAGO M. KAPUNAN Associate
Justice
(Sgd.)ARTEMIO V. PANGANIBAN Associate
Justice
(Sgd.)BERNARDO P. PARDO Associate
Justice
(Sgd.)MINERVA P. GONZAGA-REYES Associate
Justice
(Sgd.)SABINO R. DE LEON, JR. Associate
Justice
(Sgd.)JOSE C. VITUG Associate
Justice
(Sgd.)VICENTE V. MENDOZA Associate
Justice
(out
of town on official business) LEONARDO
A QUISUMBING Associate
Justice
(Sgd.)ARTURO B. BUENA Associate
Justice
(Sgd.)CONSUELO YNARES-SANTIAGO Associate
Justice
(on
leave) ANGELINA
SANDOVAL GUTIERREZ Associate
Justice
|