RULES ON ELECTRONIC EVIDENCE
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.
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 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.
DEFINITION OF TERMS AND
CONSTRUCTION
SECTION 1. Definition of Terms. –
For purposes of these Rules, the following terms are defined, as
follows:
(a)
(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)
(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.
(c)
(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)
(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)
(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:
(i)
(i)
whether the
transformation was created using the private key that corresponds to the
signer’s public key; and,
(ii)
(ii)
whether the
initial electronic document had been altered after the transformation was made.
(f)
(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)
(g) “Electronic data message” refers to information generated, sent,
received or stored by electronic, optical or similar means.
(h)
(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)
(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.
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.
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.
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 communication
is not lost solely on the ground that it is in the form of an electronic
document.
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 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.
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)
(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.
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.
SEC. 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.
SEC.
3. Disputable
presumptions relating to electronic signatures. – Upon the authentication
of an electronic signature, it shall be presumed that:
(a)
(a)
The
electronic signature is that of the person to whom it correlates;
(b)
(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)
(c)
The methods
or processes utilized to affix or verify 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)
(a)
The
information contained in a certificate is correct;
(b)
(b)
The digital
signature was created during the operational period of a certificate;
(c)
(c)
No cause
exists to render a certificate invalid or revocable;
(d)
(d)
The message
associated with a digital signature has not been altered from the time it was
signed; and,
(e)
(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.
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)
(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.
BUSINESS RECORDS AS EXCEPTION
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.
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
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 circumstances, 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, 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.
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 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 .
SEC. 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.
SEC. 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.