SUPREME
COURT 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:
(i) whether the transformation was created using the private
key that corresponds to the signer’s public key; and
(ii) whether the initial electronic document had been
altered after the transformation was made.
(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:
(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 a copy in lieu of the original.
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