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)
“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
or illegitimate 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, 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)
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)
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 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)
The information contained in a certificate is correct;
(b)
The digital signature was created during the operational period of a
certificate;
(c)
No cause exists to render a certificate invalid or revocable;
(d)
The message associated with a digital signature has not been altered from
the time it was signed; and,
(e)
A certificate had been issued by the certification authority indicated
therein.
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 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.
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.
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.
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.
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.