Republic of the Philippines Section 2. Cases covered.

– These Rules shall apply to all civil

SUPREME COURT actions and proceedings, as well as quasi-judicial and
Manila administrative cases.

A.M. No. 01-7-01-SC July 17, 2001 Section 3. Application of other rules on evidence. – In all
matters not specifically covered by these Rules, the Rules of
RULES ON ELECTRONIC EVIDENCE Court and pertinent provisions of statutes containing rules on
evidence shall apply.
Acting on the Memorandum dated 18 June 2001 of the
Committee on the Revision of the Rules of Court to Draft the Rule 2
Rules on E-Commerce Law [R.A. No. 8792] submitting the DEFINITION OF TERMS AND CONSTRUCTION
Rules on Electronic Evidence for this Court's consideration and
approval, the Court Resolved to APPROVED the same. Section 1. Definition of terms. – For purposes of these Rules,
the following terms are defined, as follows:
The Rules on Electronic Evidence shall apply to cases pending
after their effectivity. These Rules shall take effect on the first (a) "Asymmetric or public cryptosystem" means a
day of August 2001 following thier publication before the 20th system capable of generating a secure key pair,
of July in two newspapers of general circulation in the consisting of a private key for creating a digital
Philippines signature, and a public key for verifying the digital
signature.
17th July 2001.
(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.
RULES ON ELECTRONIC EVIDENCE
(c) "Certificate" means an electronic document issued to
Rule 1 support a digital signature which purports to confirm
COVERAGE the identity or other significant characteristics of the
person who holds a particular key pair.
Section 1. Scope. – Unless otherwise provided herein, these
Rules shall apply whenever an electronic document or (d) "Computer" refers to any single or interconnected
electronic data message, as defined in Rule 2 hereof, is offered device or apparatus, which, by electronic, electro-
or used in evidence. 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 (i) "Electronic key" refers to a secret code which secures
functions. and defends sensitive information that crosses over
public channels into a form decipherable only with a
(e) "Digital signature" refers to an electronic signature matching electronic key.
consisting of a transformation of an electronic
document or an electronic data message using an (j) "Electronic signature" refers to any distinctive mark,
asymmetric or public cryptosystem such that a person characteristic and/or sound in electronic form,
having the initial untransformed electronic document representing the identity of a person and attached to or
and the signer's public key can accurately determine: logically associated with the electronic data message or
electronic document or any methodology or procedure
i. whether the transformation was created using employed or adopted by a person and executed or
the private key that corresponds to the signer's adopted by such person with the intention of
public key; and authenticating, signing or approving an electronic data
message or electronic document. For purposes of these
ii. whether the initial electronic document had Rules, an electronic signature includes digital
been altered after the transformation was made. signatures.

(f) "Digitally signed" refers to an electronic document or (k) "Ephemeral electronic communication" refers to
electronic data message bearing a digital signature telephone conversations, text messages, chatroom
verified by the public key listed in a certificate. sessions, streaming audio, streaming video, and other
electronic forms of communication the evidence of
which is not recorded or retained.
(g) "Electronic data message" refers to information
generated, sent, received or stored by electronic, optical
or similar means. (l) "Information and communication system" refers to a
system for generating, sending, receiving, storing or
otherwise processing electronic data messages or
(h) "Electronic document" refers to information or the electronic documents and includes the computer
representation of information, data, figures, symbols or
system or other similar devices by or in which data are
other modes of written expression, described or however recorded or stored and any procedure related to the
represented, by which a right is established or an recording or storage of electronic data messages or
obligation extinguished, or by which a fact may be electronic documents.
proved and affirmed, which is received, recorded,
transmitted, stored, processed, retrieved or produced
electronically. It includes digitally signed documents (m) "Key pair" in an asymmetric cryptosystem refers to
and any print-out or output, readable by sight or other the private key and its mathematically related public
means, which accurately reflects the electronic data key such that the latter can verify the digital signature
message or electronic document. For purposes of these that the former creates.
Rules, the term "electronic document" may be used
interchangeably with "electronic data message".
 (n) "Private key" refers to the key of a key pair used to output readable by sight or other means, shown to reflect the
create a digital signature. data accurately.

(o) "Public key" refers to the key of a key pair used to Section 2. Copies as equivalent of the originals. – When a
verify a digital signature. document is in two or more copies executed at or about the
same time with identical contents, or is a counterpart produced
Section 2. Construction. – These Rules shall be liberally by the same impression as the original, or from the same
construed to assist the parties in obtaining a just, expeditious, matrix, or by mechanical or electronic re-recording, or by
and inexpensive determination of cases. chemical reproduction, or by other equivalent techniques
which accurately reproduces the original, such copies or
The interpretation of these Rules shall also take into duplicates shall be regarded as the equivalent of the original.
consideration the international origin of Republic Act No. 8792,
otherwise known as the Electronic Commerce Act. Notwithstanding the foregoing, copies or duplicates shall not be
admissible to the same extent as the original if:
Rule 3
ELECTRONIC DOCUMENTS (a) a genuine question is raised as to the authenticity of
the original; or
Section 1. Electronic documents as functional equivalent of
paper-based documents. – Whenever a rule of evidence refers to (b) in the circumstances it would be unjust or
the term writing, document, record, instrument, memorandum inequitable to admit the copy in lieu of the original.
or any other form of writing, such term shall be deemed to
include an electronic document as defined in these Rules. Rule 5
AUTHENTICATION OF ELECTRONIC DOCUMENTS
Section 2. Admissibility. – An electronic document is
admissible in evidence if it complies with the rules on Section 1. Burden of proving authenticity. – The person seeking
admissibility prescribed by the Rules of Court and related laws to introduce an electronic document in any legal proceeding
and is authenticated in the manner prescribed by these Rules. has the burden of proving its authenticity in the manner
provided in this Rule.
Section 3. Privileged communication. – The confidential
character of a privileged communication is not lost solely on Section 2. Manner of authentication. – Before any private
the ground that it is in the form of an electronic document. electronic document offered as authentic is received in
evidence, its authenticity must be proved by any of the
Rule 4 following means:
BEST EVIDENCE RULE
(a) by evidence that it had been digitally signed by the
Section 1. Original of an electronic document. – An electronic person purported to have signed the same;
document shall be regarded as the equivalent of an original
document under the Best Evidence Rule if it is a printout or
 (b) by evidence that other appropriate security (a) The electronic signature is that of the person to
procedures or devices as may be authorized by the whom it correlates;
Supreme Court or by law for authentication of electronic
documents were applied to the document; or (b) The electronic signature was affixed by that person
with the intention of authenticating or approving the
(c) by other evidence showing its integrity and reliability electronic document to which it is related or to indicate
to the satisfaction of the judge. such person's consent to the transaction embodied
therein; and
Section 3. Proof of electronically notarized document. – A
document electronically notarized in accordance with the rules (c) The methods or processes utilized to affix or verify
promulgated by the Supreme Court shall be considered as a the electronic signature operated without error or fault.
public document and proved as a notarial document under the
Rules of Court. Section 4. Disputable presumptions relating to digital
signatures. – Upon the authentication of a digital signature, it
Rule 6 shall be presumed, in addition to those mentioned in the
ELECTRONIC SIGNATURES immediately preceding section, that:

Section 1. Electronic signature. – An electronic signature or a (a) The information contained in a certificate is correct;
digital signature authenticated in the manner prescribed
hereunder is admissible in evidence as the functional (b) The digital signature was created during the
equivalent of the signature of a person on a written document. operational period of a certificate;

Section 2. Authentication of electronic signatures. – An (c) No cause exists to render a certificate invalid or
electronic signature may be authenticated in any of the revocable;
following manner:
(d) The message associated with a digital signature has
(a) By evidence that a method or process was utilized to not been altered from the time it was signed; and,
establish a digital signature and verify the same;
(e) A certificate had been issued by the certification
(b) By any other means provided by law; or authority indicated therein.

(c) By any other means satisfactory to the judge as Rule 7

establishing the genuineness of the electronic EVIDENTIARY WEIGHT OF ELECTRONIC DOCUMENTS
signature.
Section 1. Factors for assessing evidentiary weight. – In
Section 3. Disputable presumptions relating to electronic assessing the evidentiary weight of an electronic document, the
signatures. – Upon the authentication of an electronic following factors may be considered:
signature, it shall be presumed that:
 (a) The reliability of the manner or method in which it and there are no other reasonable grounds to doubt the
was generated, stored or communicated, including but integrity of the information and communication system;
not limited to input and output procedures, controls,
tests and checks for accuracy and reliability of the (b) Whether the electronic document was recorded or
electronic data message or document, in the light of all stored by a party to the proceedings with interest
the circumstances as well as any relevant agreement; adverse to that of the party using it; or

(b) The reliability of the manner in which its originator (c) Whether the electronic document was recorded or
was identified; stored in the usual and ordinary course of business by
a person who is not a party to the proceedings and who
(c) The integrity of the information and communication did not act under the control of the party using it.
system in which it is recorded or stored, including but
not limited to the hardware and computer programs or Rule 8
software used as well as programming errors; BUSINESS RECORDS AS EXCEPTION TO THE HEARSAY
RULE
(d) The familiarity of the witness or the person who
made the entry with the communication and Section 1. Inapplicability of the hearsay rule. – A
information system; memorandum, report, record or data compilation of acts,
events, conditions, opinions, or diagnoses, made by electronic,
(e) The nature and quality of the information which went optical or other similar means at or near the time of or from
into the communication and information system upon transmission or supply of information by a person with
which the electronic data message or electronic knowledge thereof, and kept in the regular course or conduct
document was based; or of a business activity, and such was the regular practice to
make the memorandum, report, record, or data compilation by
(f) Other factors which the court may consider as electronic, optical or similar means, all of which are shown by
affecting the accuracy or integrity of the electronic the testimony of the custodian or other qualified witnesses, is
document or electronic data message. excepted from the rule on hearsay evidence.

Section 2. Integrity of an information and communication Section 2. Overcoming the presumption. – The presumption
system. – In any dispute involving the integrity of the provided for in Section 1 of this Rule may be overcome by
information and communication system in which an electronic evidence of the untrustworthiness of the source of information
document or electronic data message is recorded or stored, the or the method or circumstances of the preparation,
court may consider, among others, the following factors: transmission or storage thereof.

(a) Whether the information and communication system Rule 9

or other similar device was operated in a manner that METHOD OF PROOF
did not affect the integrity of the electronic document,
Section 1. Affidavit evidence. – All matters relating to the Rule 11
admissibility and evidentiary weight of an electronic document AUDIO, PHOTOGRAPHIC, VIDEO, AND EPHEMERAL
may be established by an affidavit stating facts of direct EVIDENCE
personal knowledge of the affiant or based on authentic
records. The affidavit must affirmatively show the competence Section 1. Audio, video and similar evidence. – Audio,
of the affiant to testify on the matters contained therein. photographic and video evidence of events, acts or transactions
shall be admissible provided it shall be shown, presented or
Section 2. Cross-examination of deponent. – The affiant shall displayed to the court and shall be identified, explained or
be made to affirm the contents of the affidavit in open court and authenticated by the person who made the recording or by
may be cross-examined as a matter of right by the adverse some other person competent to testify on the accuracy thereof.
party.
Section 2. Ephemeral electronic communications. – Ephemeral
Rule 10 electronic communications shall be proven by the testimony of
EXAMINATION OF WITNESSES a person who was a party to the same or has personal
knowledge thereof. In the absence or unavailability of such
Section 1. Electronic testimony. – After summarily hearing the witnesses, other competent evidence may be admitted.
parties pursuant to Rule 9 of these Rules, the court may
authorize the presentation of testimonial evidence by electronic A recording of the telephone conversation or ephemeral
means. Before so authorizing, the court shall determine the electronic communication shall be covered by the immediately
necessity for such presentation and prescribe terms and preceding section.
conditions as may be necessary under the circumstances,
including the protection of the rights of the parties and If the foregoing communications are recorded or embodied in
witnesses concerned. an electronic document, then the provisions of Rule 5 shall
apply.
Section 2. Transcript of electronic testimony. – When
examination of a witness is done electronically, the entire Rule 12
proceedings, including the questions and answers, shall be EFFECTIVITY
transcribed by a stenographer, stenotypist or other recorder
authorized for the purpose, who shall certify as correct the Section 1. Applicability to pending cases. – These Rules shall
transcript done by him. The transcript should reflect the fact apply to cases pending after their effectivity.
that the proceedings, either in whole or in part, had been
electronically recorded.
Section 2. Effectivity. – These Rules shall take effect on the
first day of August 2001 following their publication before the
Section 3. Storage of electronic evidence. – The electronic 20th of July 2001 in two newspapers of general circulation in
evidence and recording thereof as well as the stenographic the Philippines.
notes shall form part of the record of the case. Such transcript
and recording shall be deemed prima facie evidence of such
proceedings.