Rules on Electronic Evidence

1. What is electronic evidence?

2. Electronic evidence are classified into what?

- (a) electronic document (b) electronic data message (c) ephemeral electronic communication

3. Why do we have a specific rule on electronic evidence?

- to determine the admissibility and weight of electronic document

4. What is electronic document? Codal

- Important: establishes a right and extinguishes obligation

5. What is electronic data message? Codal

6. How do electronic document and electronic data message differ?

- As defined, the former establishes a right and proves a fact. The latter does not.

- But as used, there is NO difference. They are used interchangeably.

7. Is the Best Evidence Rule applicable?

- Yes, as to admissibility and probative value

- But differs as to what is considered the original

a. What is considered the original of an electronic document or electronic data message for purposes of
complying with the Best Evidence Rule?

i. print out or output readable by sight… [nasa codal]

ii. when it is in two or more copies… [nasa codal]

iii. made in the ordinary course of business

b. What can you notice?

- Best Evidence Rule is the same with respect to what is the original under Rules on Electronic evidence
and Rules on Evidence except. No. 1

8. MCC Industrial Steel vs Ssangyong

a. Ruling of trial court as to admissibility – Admitted

b. SC ruling – Those documents that were sent through facsimile are not considered as electronic data
message. They do not fall under the definition.
c. Why is a facsimile not an electronic document?

9. NPC vs Judge Cordilla

a. Ruling of trial court

b. Ruling of SC

10. Examples of electronic document readable by sight?

- printed receipt, printed statement of accounts, your class card in school

11. In what case will the Rules apply?

- Electronic document is offered or used in evidence, in CRIMINAL (as per Administrative matter) and
civil actions and proceedings, as well as quasi judicial and administrative cases

12. In case of ambiguity, how are the Rules construed? Codal

13. What is the functional equivalent rule? Rule 3 Sec 1

14. Will the rule on classification of evidence apply? Are they also considered public and private? Yes

a. Rule on authentication, applicable? Yes. What are those rules? Rule 5 Sec 2

- You also need to know first whether an electronic document is public or private

b. If public, is there need to authenticate? No. Because they are also self authenticating

c. If private, is there need to authenticate? Yes, BUT ONLY if offered as authentic. How? Rule 5 Sec 2

15. When is an electronic evidence admissible? Rule 3 Sec 2

a. SPECIFICALLY when? Evidence is relevant, competent and authenticated

b. Is this absolute that you will always include the third requisite “authenticated”? No if electronic
document is not offered as authentic

16. What is an electronic signature? Codal

17. Aznar vs. Citibank – Document is relevant but not competent

18. What is certification?

19. Is there notarized electronic document? Yes. Rule 5 Sec 3

a. How are they treated? Public document

20. What is the rule on privilege communication under the Rules? Rule 3 Sec 3
21. Rule 7 Sec. 1

22. Does the hearsay rule apply to electronic documents? Yes. Rule 8 Sec 1

a. How to overcome presumption?

23. What are ephemeral electronic communications?

24. Nuez vs Cruz-Apao

25. Villadon Magtulis vs Salud

a. Compare this with Nuez Case

b. What are those needed to be established for an SMS or text message to be admissible?

26. How to present CCTV footage in court?

a. photograph? Present the photographer in court

b. Audio recording, who should be presented? The person who recorded, or other competent person