Published in the Philippine Quarterly IT Law Journal of the Arellano Law School

April 2004, Vol. 1, No. 1

THE PHILIPPINE RULES ON ELECTRONIC EVIDENCE: AN OUTLINE

SCOPE AND EFFECTIVITY:
The Rules of Electronic Evidence became effective on 1 August 2001 and initially apply to civil,
quasi-judicial and administrative proceedings pending after that date. On 24 September 2002, it
was amended to include from its coverage criminal cases effective 24 October 2002.
ELECTRONIC SIGNATURE VS. DIGITAL SIGNATURE:
Electronic signature refers to any distinctive mark or characteristic in electronic form representing
the identity of a person and associated with an electronic data message or electronic document
and therefore includes digital signature. Electronic signatures have the functional equivalent of
the signature of a person on a written document.
Digital signature refers to an electronic signature consisting of a transformation of an electronic
data message or electronic document using a cryptographic system: asymmetric or symmetric
through a certification authority.
RECOGNITION OF ELECTRONIC EVIDENCE:
Whenever the rules on evidence refer to a written document it shall include electronic documents
(or any information sent, received, or stored by electronic, optical or similar means as electronic
data). Thus:
An electronic evidence is admissible in evidence provided it is competent, relevant and
can be authenticated in the manner provided for by the rules.
2. The fact that it is in electronic form will not diminish the confidential nature of a privileged
communication.
1.

BEST EVIDENCE RULE IN ELECTRONIC DOCUMENTS:

Electronic documents refer to information or representation of information that establishes a right
or extinguishes an obligation and is received, recorded, transmitted, stored, processed, or
retrieved in electronic form.
All copies of an electronic document executed at or about the same time with the same
impression and identical in contents are regarded as equivalent of the original unless there is a
question on the authenticity of the original or it would be unjust to admit the copy in lieu of the
original.

EXCEPTION TO THE HEARSAY RULE:

Records, data or information kept in electronic form in the regular course of business are
excepted from the hearsay rule provided (i) they are proven or shown by the testimony of the
custodian or other qualified witness and (ii) it is proven that compilation of such data, records or
information is a regular practice. To overcome this, the adverse party must present proof of the
untrustworthiness of the source of information, or the method or circumstance of the preparation,
transmission or storage.
AUTHENTICATION OF ELECTRONIC DOCUMENTS:
Burden of Proving Authenticity: The party introducing the electronic evidence.
Manner of Proving Authenticity of Private Documents: The electronic evidence must be proved
before it is offered as authentic in any of the following manner: (i) evidence that it has been
signed digitally by the person, (ii) evidence that appropriate security procedures were applied as
may be authorized by law or the SC, or (iii) other evidence showing integrity and reliability to the
satisfaction of the court.
Manner of Proving Authenticity of Public Document: To be proven as an electronically notarized
document in accordance with SC rules (NB: No such rule at the moment)
Manner of Authenticating Electronic Signature: (i) evidence to prove the method to establish and
verify a digital signature, (ii) other means provided by law, (iii) any means to satisfy the court of its
genuineness.
METHODS OF PROVING ELECTRONIC DOCUMENTS:
By Affidavit Evidence: based on personal knowledge and indication of the competence of the
affiant to testify on the matters contained therein. The contents of the affidavit shall be affirmed in
open court and may be cross-examined as a matter of right by the adverse party in a summary
hearing.
Electronic Testimony: When an examination of a witness is done electronically, the entire
proceedings shall be transcribed stenographically. The transcript must be certified and indicate
that the proceedings were electronically recorded. The electronic evidence, the recording and the
transcript shall form part of the records of the case and shall be deemed as prima facie evidence
of the proceedings.
DISPUTABLE PRESUMPTIONS: (AFTER AUTHENTICATION IS PROVED)
Electronic Signature: (i) it correlates to the identity of the person, (ii) it was affixed with intent to
authenticate, (iii) it was affixed to indicate consent to the transaction, and (iv) the process to affix
the signature operated without error or fault.
Digital Signature: In addition to the above, (i) information contained in the certificate (of
certification authority) is correct, (ii) signature was created during the operational period of
certificate, (iii) no cause to render certificate revocable or invalid, (iv) message associated to
signature has not been altered from the time of signing, and (v) it has duly issued by
certification authority.

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FACTORS TO CONSIDER IN DETERMINING EVIDENTIARY WEIGHT OF ELECTRONIC

DOCUMENTS:
1. Reliability of manner or method in which it was generated, stored or communicated.
2. Reliability of the manner in which the originator was identified.

3. Integrity of the information and communication system in which it is recorded or stored.

4. Familiarity of the system by the person who made the entry.
5. The nature and quality of the information that went into the communication system where
the electronic document was based.
6. Other factors affecting accuracy and integrity of the electronic documents.
ADMISSIBILITY AND PROOF OF EPHEMERAL ELECTRONIC EVIDENCE:
Ephemeral electronic evidence refers to telephone conversation, text messages, chat sessions,
streaming audio or video or other forms of communication that is not recorded or retained.
It should be proven by the testimony of the person who was a party to the same, or has personal
knowledge of the same, or in the absence thereof, by other competent evidence. If the
communication is recorded it shall be proven as an electronic document.
ADMISSIBILITY AND PROOF OF AUDIO, VIDEO OR PHOTOGRAPHIC EVIDENCE:
The evidence is admissible provided they are shown, presented or displayed to the court and
identified, explained or authenticated by the person who produced the same or by a competent
testimony on the accuracy thereof.