Rules On Electronic Evidence
Rules On Electronic Evidence
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 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 thier publication before the 20th of July in two
newspapers of general circulation in the Philippines
Rule 1
COVERAGE
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.
Section 2. Cases covered. – These Rules shall apply to all civil actions and proceedings, as well as
quasi-judicial and administrative cases.
Section 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.
Rule 2
DEFINITION OF TERMS AND CONSTRUCTION
Section 1. Definition of terms. – For purposes of these Rules, the following terms are defined, as
follows:
(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
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purports to confirm the identity or other significant characteristics of the person who holds a
particular key pair.
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.
(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
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intention of authenticating, signing or approving an electronic data message or electronic
document. For purposes of these Rules, an electronic signature includes digital signatures.
(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.
Section 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 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.
Rule 4
BEST EVIDENCE RULE
Section 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
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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:
(b) in the circumstances it would be unjust or inequitable to admit the 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.
Section 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.
Rule 6
ELECTRONIC SIGNATURES
(a) By evidence that a method or process was utilized to establish a digital signature and
verify the same;
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(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.
(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.
(b) The digital signature was created during the operational period of a certificate;
(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.
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
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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.
Section 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.
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 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.
Section 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 evidence. – All matters relating to the admissibility and evidentiary weight of an
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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.
Section 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 circumstances, including the protection of the rights of the
parties and witnesses concerned.
Section 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 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.
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 cases. – These Rules shall apply to cases pending after their
effectivity.
Section 2. Effectivity. – These Rules shall take effect on the first day of August 2001 following their
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publication before the 20th of July 2001 in two newspapers of general circulation in the Philippines.
(Sgd.)
Chief Justice
Associate Justice
Associate Justice
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(on leave)
Associate Justice
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