01-7-01-SC.- RE: RULES ON ELECTRONIC EVIDENCE
Acting on the Memorandum
dated 18 June 2001 of the Committee on the Revision of the Rules of
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 Rules on Electronic
Evidence shall apply to cases pending after their effectivity. These
shall take effect on the first day of August 2001 following their
before the 20th of July in two newspapers of general circulation in the
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
SEC. 2. Cases
covered. - These Rules shall apply to all civil actions and
as well as quasi-judicial and administrative cases.
SEC. 3. Application
of the other rules on evidence. - In all matters not specifically
by these Rules, the Rules
of Court and pertinent provisions of statues containing rules on
OF TERMS AND CONSTRUCTION
SECTION 1. Definition
of Terms. - For purposes of these Rules, the following terms are
or public cryptosystem” means a system capable of generating a
key pair, consisting of a private key for creating a digital signature,
and a public key for verifying the digital signature.
records” include records of any business, institution,
profession, occupation, and calling of every kind, whether or not
for profit, or for legitimate purposes.
means an electronic document issued to support a digital
which purports to confirm the identity or other significant
of the person who holds a particular key pair.
refers to any single or interconnected device or apparatus, which, by
electro-mechanical or magnetic impulse, or by other means with the same
function, can receive, record, transmit, store, process, correlate,
project, retrieve and/or produce information, data, text, graphics,
voice, video, symbols or other modes of expression or perform any one
more of these functions.
“Digital Signature” refers to an electronic signature consisting
an electronic document or an electronic data message using an
or public cryptosystem such that a person having the initial
electronic document and the signer’s public key can accurately
signed” refers to an electronic document or electronic data message
bearing a digital signature verified by the public key listed in a
data message” refers to information generated, sent, received or
by electronic, optical or similar means.
document” refers to information or the representation of
data, figures, symbols or other modes of written expression, described
or however represented, by which a right is established or an
extinguished, or by which a fact may be proved and affirmed, which is
recorded, transmitted, stored processed, retrieved or produced
It includes digitally signed documents and any print-out or output,
by sight or other means, which accurately reflects the electronic data
message or electronic document. For purposes of these Rules, the term
document” may be used interchangeably with electronic data message”.
key” refers to a secret code which secures and defends sensitive
that crosses over public channels into a form decipherable only with a
matching electronic key.
signature" refers to any distinctive mark, characteristics and/or
in electronic form. Representing the identity of a person and attached
to or logically associated with the electronic data message or
document or any methodology or procedure employed or adopted by a
and executed or adopted by such person with the intention of
signing or approving an electronic data message or electronic document.
For purposes of these Rules, an electronic signature includes digital
electronic communication” refers to telephone conversations, text
chatroom sessions, streaming audio, streaming video, and other
forms of communication the evidence of which is not recorded or
and Communication System” refers to a system for generating,
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
to the recording or storage of electronic data message or electronic
in an asymmetric cryptosystem refers to the private key and its
related public key such that the latter can verify the digital
that the former creates.
Key” refers to the key of a key pair used to create a digital
Key” refers to the key of a key pair used to verify a digital
SEC. 2. Construction.
– These Rules shall be liberally construed to assist the parties in
a just, expeditious, and inexpensive determination of cases.
of these Rules shall also take into consideration the international
No. 8792, otherwise known as the Electronic Commerce Act.
SECTION 1. Electronic
documents as functional equivalent of paper-based documents. –
a rule of evidence refers to the term of writing, document, record,
memorandum or any other form of writing, such term shall be deemed to
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
by these Rules.
SEC. 3. Privileged
communication. – The confidential character of a privileged
is not solely on the ground that it is in the form of an electronic
SECTION 1. Original
of an electronic document. – An electronic document shall be
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
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
a counterpart produced by the same impression as the original, or from
the same matrix, or by mechanical or electronic re-recording, or by
reproduction, or by other equivalent techniques which is accurately
the original, such copies or duplicates shall be regarded as the
of the original.
foregoing, copies or duplicates shall not be admissible to the same
as the original if:
OF ELECTRONIC DOCUMENTS
SECTION 1. Burden
of proving authenticity. – The person seeking to introduce an
document in any legal proceeding has the burden of proving its
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
any of the following means:
that it had been digitally signed by the person purported to have
other appropriate security procedures or devices as may be authorized
the Supreme Court or by law for authentication of electronic documents
were applied to the document; or
showing its integrity and reliability to the satisfaction of the judge.
SEC. 3. Proof of
electronically notarized document. - A document electronically
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
din the manner prescribed hereunder is admissible in evidence as the
equivalent of the signature of a person on a written document.
SEC. 2. Authentication
of electronic signatures. – An electronic signature may be
in any of the following manner:
that a method or process was utilized to establish a digital signature
and verity the same;
means provided by law; or
means satisfactory to the judge as establishing the genuineness of the
SEC. 3. Disputable
presumptions relation to electronic signature. – Upon the
of an electronic signature, it shall be presumed that:
signature is that of the person to whom it correlates;
signature was affixed by that person with the intention of
or approving the electronic document to which it is related or to
such person’s consent to the transaction embodied therein; and
processes utilized to affix or verity the electronic signature operated
without error or fault.
SEC. 4. Disputable
presumptions relating to digital signatures. – Upon the
of a digital signature, it shall be presumed, in addition to those
in the immediately preceding section, that:
contained in a certificate is correct;
was created during the operational period of a certificate;
with a digital signature has not been altered from the time it was
had been issued by the certification authority indicated therein
WEIGHT OF ELECTRONIC DOCUMENTS
SECTION 1. Factors
for assessing evidentiary weight. - In assessing the evidentiary
of an electronic document, the following factors may be considered:
of the manner or method in which it was generated, stored or
including but not limited to input and output procedures, controls,
and checks for accuracy and reliability of the electronic data message
or document, in the light of all the circumstances as well as any
of the manner in which its originator was identified;
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;
of the witness or the person who made the entry with the communication
and information system;
quality of the information which went into the communication and
system upon which the electronic data message or electronic document
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
the integrity of the information and communication system in which an
document or electronic data message is recorded or stored, the court
consider, among others, the following factors:
information and communication system or other similar device was
in a manner that did not affect the integrity of the electronic
and there are no other reasonable grounds to doubt the integrity of the
information and communication system;
Whether the electronic
document was recorded or stored by a party to the proceedings with
adverse to that of the party using it; or
Whether the electronic
document was recorded or stored in the usual and ordinary course of
by a person who is not a party tot he proceedings and who did not act
the control of the party using it.
RECORDS AS EXCEPTION TO THE HEARSAY RULE
SECTION 1. Inapplicability
of the hearsay rule. – A memorandum, report, record or data
of acts, events, conditions, opinions, or diagnoses, made by
optical or other similar means at or near the time of or from
or supply of information by a person with knowledge thereof, and kept
the regular course or conduct of a business activity, and such was the
regular practice ot make the memorandum, report, record, or data
by electronic, optical or similar means, all of which are shown by the
testimony of the custodian or other qualified witnesses, is excepted
the rule or hearsay evidence.
SEC. 2. Overcoming
the presumption. – The presumption provided for in Section 1 of
Rule may be overcome by evidence of the untrustworthiness of the source
of information or the method or circumstances of the preparation,
or storage thereof.
SECTION 1. Affidavit
of evidence. – All matters relating to the admissibility and
weight of an electronic document may be established by an affidavit
facts of direct personal knowledge of the affiant or based on authentic
records. The affidavit must affirmatively show the competence of the
to testify on the matters contained therein.
Cross-examination of deponent. – The affiant shall be made to
the contents of the affidavit in open court and may be cross-examined
a matter of right by the adverse party.
SECTION 1. Electronic
testimony. – After summarily hearing the parties pursuant to Rule
of these Rules, the court may authorize the presentation of testimonial
evidence by electronic means. Before so authorizing, the court shall
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.
Transcript of electronic testimony. – When examination of a
is done electronically, the entire proceedings, including the questions
and answers, shall be transcribed by a stenographer, stenotypes or
recorder authorized for the purpose, who shall certify as correct the
done by him. The transcript should reflect the fact that the
either in whole or in part, had been electronically recorded.
SEC. 3. Storage
of electronic evidence. – The electronic evidence and recording
as well as the stenographic notes shall form part of the record of the
case. Such transcript and recording shall be deemed prima facie
of such proceedings.
VIDEO AND EPHEMERAL EVIDENCE
SECTION 1. Audio,
video and similar evidence. – Audio, photographic and video
of events, acts or transactions shall be admissible provided is shall
shown, presented or displayed to the court and shall be identified,
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
be proven by the testimony of a person who was a party to the same or
personal knowledge thereof. In the absence or unavailability of such
other competent evidence may be admitted.
A recording of the
telephone conversation or ephemeral electronic communication shall be
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.
SECTION 1. Applicability
to pending case. – These Rules shall apply to cases pending after
SEC. 2. Effectivity.
– These Rules shall take effect on the first day of August 2001
their publication before the 20th day of July 2001 in two newspapers of
general circulation in the Philippines.
HILARIO G. DAVIDE JR.
JOSUE N. BELLOSILLO
REYNATO S. PUNO
SANTIAGO M. KAPUNAN
ARTEMIO V. PANGANIBAN
BERNARDO P. PARDO
MINERVA P. GONZAGA-REYES
SABINO R. DE LEON, JR.
JOSE C. VITUG
VICENTE V. MENDOZA
of town on official business)
ARTURO B. BUENA