Republic of the Philippines

SUPREME COURT
Manila
A.M. No. 01-7-01-SC July 17, 2001
RULES ON ELECTRONIC EVIDENCE
Acting on the Memorandum dated 18 June 2001 of the Committee on
the Revision of the Rules of Court to Draft the Rules on !Commerce
"a# $R%A% &o% 8'(2) submitting the Rules on lectronic vidence for this
Court*s consideration and approval+ the Court Resolved to APPR,-D
the same%
.he Rules on lectronic vidence shall appl/ to cases pending after
their effectivit/% .hese Rules shall ta0e effect on the first da/ of August
2001 follo#ing thier publication before the 20th of Jul/ in t#o
ne#spapers of general circulation in the Philippines
1'th Jul/ 2001%
RULES ON ELECTRONIC EVIDENCE
Rule 1
COVERAGE
Sec!o" 1. Scope. 1 2nless other#ise provided herein+ these Rules shall
appl/ #henever an electronic document or electronic data message+ as
defined in Rule 2 hereof+ is offered or used in evidence%
Sec!o" 2. Cases covered. 1 .hese Rules shall appl/ to all civil actions
and proceedings+ as #ell as 3uasi!4udicial and administrative cases%
Sec!o" #. Application of other rules on evidence. 1 5n all matters not
specificall/ covered b/ these Rules+ the Rules of Court and pertinent
provisions of statutes containing rules on evidence shall appl/%
Rule 2
DE$INITION O$ TERMS AND CONSTRUCTION
Sec!o" 1. Definition of terms. 1 6or purposes of these Rules+ the
follo#ing terms are defined+ as follo#s7
8a9 :As/mmetric or public cr/ptos/stem: means a s/stem capable
of generating a secure 0e/ pair+ consisting of a private 0e/ for
creating a digital signature+ and a public 0e/ for verif/ing the digital
signature%
8b9 :;usiness records: include records of an/ business+ institution+
association+ profession+ occupation+ and calling of ever/ 0ind+
#hether or not conducted for profit+ or for legitimate or illegitimate
purposes%
8c9 :Certificate: means an electronic document issued to support a
digital signature #hich purports to confirm the identit/ or other
significant characteristics of the person #ho holds a particular 0e/
pair%
8d9 :Computer: refers to an/ single or interconnected device or
apparatus+ #hich+ b/ electronic+ electro!mechanical or magnetic
impulse+ or b/ other means #ith the same function+ can receive+
record+ transmit+ store+ process+ correlate+ anal/<e+ pro4ect+
retrieve and=or produce information+ data+ te>t+ graphics+ figures+
voice+ video+ s/mbols or other modes of e>pression or perform an/
one or more of these functions%
8e9 :Digital signature: refers to an electronic signature consisting of
a transformation of an electronic document or an electronic data
message using an as/mmetric or public cr/ptos/stem such that a
person having the initial untransformed electronic document and
the signer*s public 0e/ can accuratel/ determine7
i% #hether the transformation #as created using the private
0e/ that corresponds to the signer*s public 0e/? and
ii% #hether the initial electronic document had been altered
after the transformation #as made%
8f9 :Digitall/ signed: refers to an electronic document or electronic
data message bearing a digital signature verified b/ the public 0e/
listed in a certificate%
8g9 :lectronic data message: refers to information generated+
sent+ received or stored b/ electronic+ optical or similar means%
8h9 :lectronic document: refers to information or the
representation of information+ data+ figures+ s/mbols or other
modes of #ritten e>pression+ described or ho#ever represented+
b/ #hich a right is established or an obligation e>tinguished+ or b/
#hich a fact ma/ be proved and affirmed+ #hich is received+
recorded+ transmitted+ stored+ processed+ retrieved or produced
electronicall/% 5t includes digitall/ signed documents and an/ print!
out or output+ readable b/ sight or other means+ #hich accuratel/
reflects the electronic data message or electronic document% 6or
purposes of these Rules+ the term :electronic document: ma/ be
used interchangeabl/ #ith :electronic data message:%
8i9 :lectronic 0e/: refers to a secret code #hich secures and
defends sensitive information that crosses over public channels
into a form decipherable onl/ #ith a matching electronic 0e/%
849 :lectronic signature: refers to an/ distinctive mar0+
characteristic and=or sound in electronic form+ representing the
identit/ of a person and attached to or logicall/ associated #ith the
electronic data message or electronic document or an/
methodolog/ or procedure emplo/ed or adopted b/ a person and
e>ecuted or adopted b/ such person #ith the intention of
authenticating+ signing or approving an electronic data message or
electronic document% 6or purposes of these Rules+ an electronic
signature includes digital signatures%
809 :phemeral electronic communication: refers to telephone
conversations+ te>t messages+ chatroom sessions+ streaming
audio+ streaming video+ and other electronic forms of
communication the evidence of #hich is not recorded or retained%
8l9 :5nformation and communication s/stem: refers to a s/stem for
generating+ sending+ receiving+ storing or other#ise processing
electronic data messages or electronic documents and includes
the computer s/stem or other similar devices b/ or in #hich data
are recorded or stored and an/ procedure related to the recording
or storage of electronic data messages or electronic documents%
8m9 :@e/ pair: in an as/mmetric cr/ptos/stem refers to the private
0e/ and its mathematicall/ related public 0e/ such that the latter
can verif/ the digital signature that the former creates%
8n9 :Private 0e/: refers to the 0e/ of a 0e/ pair used to create a
digital signature%
8o9 :Public 0e/: refers to the 0e/ of a 0e/ pair used to verif/ a
digital signature%
Sec!o" 2. Construction. 1 .hese Rules shall be liberall/ construed to
assist the parties in obtaining a 4ust+ e>peditious+ and ine>pensive
determination of cases%
.he interpretation of these Rules shall also ta0e into consideration the
international origin of Republic Act &o% 8'(2+ other#ise 0no#n as the
lectronic Commerce Act%
Rule #
ELECTRONIC DOCUMENTS
Sec!o" 1. Electronic documents as functional equivalent of paper-
based documents. 1 Ahenever a rule of evidence refers to the term
#riting+ document+ record+ instrument+ memorandum or an/ other form of
#riting+ such term shall be deemed to include an electronic document as
defined in these Rules%
Sec!o" 2. Admissibility. 1 An electronic document is admissible in
evidence if it complies #ith the rules on admissibilit/ prescribed b/ the
Rules of Court and related la#s and is authenticated in the manner
prescribed b/ these Rules%
Sec!o" #. Privileged communication. 1 .he confidential character of a
privileged communication is not lost solel/ on the ground that it is in the
form of an electronic document%
Rule %
&EST EVIDENCE RULE
Sec!o" 1. Original of an electronic document. 1 An electronic document
shall be regarded as the e3uivalent of an original document under the
;est vidence Rule if it is a printout or output readable b/ sight or other
means+ sho#n to reflect the data accuratel/%
Sec!o" 2. Copies as equivalent of the originals. 1 Ahen a document is
in t#o or more copies e>ecuted at or about the same time #ith identical
contents+ or is a counterpart produced b/ the same impression as the
original+ or from the same matri>+ or b/ mechanical or electronic re!
recording+ or b/ chemical reproduction+ or b/ other e3uivalent
techni3ues #hich accuratel/ reproduces the original+ such copies or
duplicates shall be regarded as the e3uivalent of the original%
&ot#ithstanding the foregoing+ copies or duplicates shall not be
admissible to the same e>tent as the original if7
8a9 a genuine 3uestion is raised as to the authenticit/ of the
original? or
8b9 in the circumstances it #ould be un4ust or ine3uitable to admit
the cop/ in lieu of the original%
Rule '
AUT(ENTICATION O$ ELECTRONIC DOCUMENTS
Sec!o" 1. urden of proving authenticity. 1 .he person see0ing to
introduce an electronic document in an/ legal proceeding has the
burden of proving its authenticit/ in the manner provided in this Rule%
Sec!o" 2. !anner of authentication. 1 ;efore an/ private electronic
document offered as authentic is received in evidence+ its authenticit/
must be proved b/ an/ of the follo#ing means7
8a9 b/ evidence that it had been digitall/ signed b/ the person
purported to have signed the same?
8b9 b/ evidence that other appropriate securit/ procedures or
devices as ma/ be authori<ed b/ the Bupreme Court or b/ la# for
authentication of electronic documents #ere applied to the
document? or
8c9 b/ other evidence sho#ing its integrit/ and reliabilit/ to the
satisfaction of the 4udge%
Sec!o" #. Proof of electronicall/ notari<ed document% 1 A document
electronicall/ notari<ed in accordance #ith the rules promulgated b/ the
Bupreme Court shall be considered as a public document and proved as
a notarial document under the Rules of Court%
Rule )
ELECTRONIC SIGNATURES
Sec!o" 1. Electronic signature. 1 An electronic signature or a digital
signature authenticated in the manner prescribed hereunder is
admissible in evidence as the functional e3uivalent of the signature of a
person on a #ritten document%
Sec!o" 2. Authentication of electronic signatures. 1 An electronic
signature ma/ be authenticated in an/ of the follo#ing manner7
8a9 ;/ evidence that a method or process #as utili<ed to establish
a digital signature and verif/ the same?
8b9 ;/ an/ other means provided b/ la#? or
8c9 ;/ an/ other means satisfactor/ to the 4udge as establishing
the genuineness of the electronic signature%
Sec!o" #. Disputable presumptions relating to electronic signatures. 1
2pon the authentication of an electronic signature+ it shall be presumed
that7
8a9 .he electronic signature is that of the person to #hom it
correlates?
8b9 .he electronic signature #as affi>ed b/ that person #ith the
intention of authenticating or approving the electronic document to
#hich it is related or to indicate such person*s consent to the
transaction embodied therein? and
8c9 .he methods or processes utili<ed to affi> or verif/ the
electronic signature operated #ithout error or fault%
Sec!o" %. Disputable presumptions relating to digital signatures. 1
2pon the authentication of a digital signature+ it shall be presumed+ in
addition to those mentioned in the immediatel/ preceding section+ that7
8a9 .he information contained in a certificate is correct?
8b9 .he digital signature #as created during the operational period
of a certificate?
8c9 &o cause e>ists to render a certificate invalid or revocable?
8d9 .he message associated #ith a digital signature has not been
altered from the time it #as signed? and+
8e9 A certificate had been issued b/ the certification authorit/
indicated therein%
Rule 7
EVIDENTIAR* +EIG(T O$ ELECTRONIC DOCUMENTS
Sec!o" 1. "actors for assessing evidentiary #eight. 1 5n assessing the
evidentiar/ #eight of an electronic document+ the follo#ing factors ma/
be considered7
8a9 .he reliabilit/ of the manner or method in #hich it #as
generated+ stored or communicated+ including but not limited to
input and output procedures+ controls+ tests and chec0s for
accurac/ and reliabilit/ of the electronic data message or
document+ in the light of all the circumstances as #ell as an/
relevant agreement?
8b9 .he reliabilit/ of the manner in #hich its originator #as
identified?
8c9 .he integrit/ of the information and communication s/stem in
#hich it is recorded or stored+ including but not limited to the
hard#are and computer programs or soft#are used as #ell as
programming errors?
8d9 .he familiarit/ of the #itness or the person #ho made the entr/
#ith the communication and information s/stem?
8e9 .he nature and 3ualit/ of the information #hich #ent into the
communication and information s/stem upon #hich the electronic
data message or electronic document #as based? or
8f9 ,ther factors #hich the court ma/ consider as affecting the
accurac/ or integrit/ of the electronic document or electronic data
message%
Sec!o" 2. $ntegrity of an information and communication system. 1 5n
an/ dispute involving the integrit/ of the information and communication
s/stem in #hich an electronic document or electronic data message is
recorded or stored+ the court ma/ consider+ among others+ the follo#ing
factors7
8a9 Ahether the information and communication s/stem or other
similar device #as operated in a manner that did not affect the
integrit/ of the electronic document+ and there are no other
reasonable grounds to doubt the integrit/ of the information and
communication s/stem?
8b9 Ahether the electronic document #as recorded or stored b/ a
part/ to the proceedings #ith interest adverse to that of the part/
using it? or
8c9 Ahether the electronic document #as recorded or stored in the
usual and ordinar/ course of business b/ a person #ho is not a
part/ to the proceedings and #ho did not act under the control of
the part/ using it%
Rule ,
&USINESS RECORDS AS E-CEPTION TO T(E (EARSA* RULE
Sec!o" 1. $napplicability of the hearsay rule. 1 A memorandum+ report+
record or data compilation of acts+ events+ conditions+ opinions+ or
diagnoses+ made b/ electronic+ optical or other similar means at or near
the time of or from transmission or suppl/ of information b/ a person #ith
0no#ledge thereof+ and 0ept in the regular course or conduct of a
business activit/+ and such #as the regular practice to ma0e the
memorandum+ report+ record+ or data compilation b/ electronic+ optical or
similar means+ all of #hich are sho#n b/ the testimon/ of the custodian
or other 3ualified #itnesses+ is e>cepted from the rule on hearsa/
evidence%
Sec!o" 2. Overcoming the presumption. 1 .he presumption provided
for in Bection 1 of this Rule ma/ be overcome b/ evidence of the
untrust#orthiness of the source of information or the method or
circumstances of the preparation+ transmission or storage thereof%
Rule .
MET(OD O$ PROO$
Sec!o" 1. Affidavit evidence. 1 All matters relating to the admissibilit/
and evidentiar/ #eight of an electronic document ma/ be established b/
an affidavit stating facts of direct personal 0no#ledge of the affiant or
based on authentic records% .he affidavit must affirmativel/ sho# the
competence of the affiant to testif/ on the matters contained therein%
Sec!o" 2. Cross-e%amination of deponent. 1 .he affiant shall be made
to affirm the contents of the affidavit in open court and ma/ be cross!
e>amined as a matter of right b/ the adverse part/%
Rule 10
E-AMINATION O$ +ITNESSES
Sec!o" 1. Electronic testimony. 1 After summaril/ hearing the parties
pursuant to Rule ( of these Rules+ the court ma/ authori<e the
presentation of testimonial evidence b/ electronic means% ;efore so
authori<ing+ the court shall determine the necessit/ for such presentation
and prescribe terms and conditions as ma/ be necessar/ under the
circumstances+ including the protection of the rights of the parties and
#itnesses concerned%
Sec!o" 2. &ranscript of electronic testimony. 1 Ahen e>amination of a
#itness is done electronicall/+ the entire proceedings+ including the
3uestions and ans#ers+ shall be transcribed b/ a stenographer+
stenot/pist or other recorder authori<ed for the purpose+ #ho shall certif/
as correct the transcript done b/ him% .he transcript should reflect the
fact that the proceedings+ either in #hole or in part+ had been
electronicall/ recorded%
Sec!o" #. Storage of electronic evidence. 1 .he electronic evidence
and recording thereof as #ell as the stenographic notes shall form part
of the record of the case% Buch transcript and recording shall be deemed
prima facie evidence of such proceedings%
Rule 11
AUDIO, P(OTOGRAP(IC, VIDEO, AND EP(EMERAL EVIDENCE
Sec!o" 1. Audio' video and similar evidence. 1 Audio+ photographic and
video evidence of events+ acts or transactions shall be admissible
provided it shall be sho#n+ presented or displa/ed to the court and shall
be identified+ e>plained or authenticated b/ the person #ho made the
recording or b/ some other person competent to testif/ on the accurac/
thereof%
Sec!o" 2. Ephemeral electronic communications. 1 phemeral
electronic communications shall be proven b/ the testimon/ of a person
#ho #as a part/ to the same or has personal 0no#ledge thereof% 5n the
absence or unavailabilit/ of such #itnesses+ other competent evidence
ma/ be admitted%
A recording of the telephone conversation or ephemeral electronic
communication shall be covered b/ the immediatel/ preceding section%
5f the foregoing communications are recorded or embodied in an
electronic document+ then the provisions of Rule C shall appl/%
Rule 12
E$$ECTIVIT*
Sec!o" 1. Applicability to pending cases. 1 .hese Rules shall appl/ to
cases pending after their effectivit/%
Sec!o" 2. Effectivity. 1 .hese Rules shall ta0e effect on the first da/ of
August 2001 follo#ing their publication before the 20th of Jul/ 2001 in
t#o ne#spapers of general circulation in the Philippines%
8Bgd%9 (ILARIO G. DAVIDE JR.
Chief Justice
8Bgd%9 JOSUE N. &ELLOSILLO
Associate Justice
8Bgd%9 RE*NATO S. PUNO
Associate Justice
8Bgd%9 SANTIAGO M. /APUNAN
Associate Justice
8Bgd%9 ARTEMIO V.
PANGANI&AN
Associate Justice
8Bgd%9 &ERNARDO P. PARDO
Associate Justice
8Bgd%9 MINERVA P. GON0AGA-
RE*ES
Associate Justice
8Bgd%9 SA&INO R. DE LEON, JR.
Associate Justice
8Bgd%9 JOSE C. VITUG
Associate Justice
8Bgd%9 VICENTE V. MENDO0A
Associate Justice
8out of to#n on official business9
8Bgd%9 LEONARDO A
1UISUM&ING
Associate Justice
8Bgd%9 ARTURO &. &UENA
Associate Justice
8Bgd%9 CONSUELO *NARES-
SANTIAGO
Associate Justice
8on leave9
8Bgd%9 ANGELINA SANDOVAL GUTIERRE0
Associate Justice