Di ges t3:NATI ONALPOWERCORPORATI ONv s. HON.RAMONG.CODI LLA,JR. ,Pr es i di ngJ udge, RTCofCebu, Br .19, BANGPAISHI PPI NG COMPANY,andWA WALLEM SHI PPI NG,I NCORPORATED,G. R.No.17049 1,Apr i l 4, 2 00 7,Ch i c oNa za r i o ,J .
E-COMMERCE
ACT
(NOT
ELECTRONIC
DATA)
NATIONAL POWER CORPORATION vs. HON. RAMON G. CODILLA, JR., Presiding Judge, RTC o Ce!u, "r. #$, "ANGPAI %HIPPING COMPAN&, 'nd WALLEM %HIPPING, INCORPORATED, J. G.R. No. #*$#, A+ri *, , Ci/o-N'0'rio, J. 1'/2s3 M/V Dibena Win, a vessel vessel of foreign foreign registry registry owned and operated operated by private respondent respondent Bangpai Shipping, Co., allegedly bumped and damaged petitioners !ower Barge "#$. !etitioner !etitioner %led before the &'C a (omplaint for damages against Bangpai Shipping Co., for the alleged damages (aused (aused on petitione petitioners rs power power barges. barges. )n the (ourse of the pro(eedings pro(eedings,, plainti* plainti* was given given the opportunity by the trial (ourt to present originals of the +ero or of the photo(opies of the do(uments it o*ered but it never produ(ed the originals. 'he plainti* attempted to -ustify the admission of the photo( photo(opi opies es by (onten (ontendin ding g that that the the photo( photo(opi opies es o*ered o*ered are euiva euivalen lentt to the origin original al of the do(ument on the basis of the 0le(troni( 0viden(e. Issue3 Whether or not photo(opied materials (an be admissible as eviden(e Ruing3 !etition D01)0D. 2h3 0le(troni( do(ument refers to information or the representation of information, data, %gures, symbols or other models of written epression, des(ribed or however represented, represented, by whi(h a right i s established or an obligation etinguished, or by whi(h a fa(t may be proved and a*irmed, whi(h is re(eived, re(orded, transmitted, stored, pro(essed, retrieved or produ(ed ele(troni(ally. )t in(ludes digitally signed do(uments and any printout, readable by sight or other means whi(h a((urately re4e(ts the ele(troni( data message or ele(troni( do(ument. 5or 5or the purpose of these &ules, the term ele(troni( do(ument may be used inter(hangeably inter(hangeably with ele(troni( data message. 'he information in those +ero or photo(opies was not re(eived, re(orded, retrieved or produ(ed ele(troni(ally. Moreover, su(h ele(troni( eviden(e must be authenti(ated 2Se(tions 6 and ", &ule 7, &ules on 0le(troni( 0viden(e3, whi(h the plainti* failed to do. 5inally, the reuired 8*idavit to prove the admissibility and evidentiary weight of the alleged ele(troni( eviden(e 2Se(. 6, &ule $, )bid3 was not ee(uted, mu(h less presented in eviden(e. 'he +ero or photo(opies o*ered should, therefore, be stri(9en o* the re(ord. 8side from their being not proper properly ly identi identi%e %ed d by any (ompet (ompeten entt wit witnes ness, s, the loss of the prin( prin(ipa ipals ls thereo thereoff was not established by any (ompetent proof. proof. +++ :n the other other hand, hand, an ele( ele(tro troni( ni( do(ume do(ument nt refers refers to inform informati ation on or the repres represent entati ation on of informati information, on, data, data, %gures, %gures, symbols symbols or other other models models of written written epressi epression, on, des(ribe des(ribed d or however however represented, by whi(h a right is established or an obligation etinguished, or by whi(h a fa(t may be proved proved and a*irmed a*irmed,, whi(h is re(eive re(eived, d, re(orded re(orded,, transmitt transmitted, ed, stored, stored, pro(essed pro(essed,, retrieve retrieved d or produ(ed ele(troni(ally. )t in(ludes digitally signed do(uments and any printout, readable by sight or other means whi(h a((urately re4e(ts the ele(troni( data message or ele(troni( do(ument. 'he rules rules use the word word infor informa matio tion n to de%ne de%ne an ele(t ele(tron roni( i( do(um do(ument ent re(eiv re(eived, ed, re(or re(orded ded,, transmitt transmitted, ed, stored, stored, pro(essed pro(essed,, retrieve retrieved d or produ(ed produ(ed ele(troni ele(troni(ally (ally. 'his would suggest suggest that an ele(troni( do(ument is relevant only in terms of the information (ontained therein, similar to any other do(ument, whi(h is presented in eviden(e as proof of its (ontents. ;owever, ;owever, what di*erentiates di*erentiates an ele(troni( do(ument from a paper
persons signature a*ied manually be (onsidered as information ele(troni(ally re(eived, re(orded, transmitted, stored, pro(essed, retrieved or produ(ed. ;en(e, the argument of petitioner that sin(e these paper printouts were produ(ed through an ele(troni( pro(ess, then these photo(opies are ele(troni( do(uments as de%ned in the &ules on 0le(troni( 0viden(e is obviously an erroneous, if not preposterous, interpretation of the law. ;aving thus de(lared that the o*ered photo(opies are not tantamount to ele(troni( do(uments, it is (onseuential that the same may not be (onsidered as the fun(tional euivalent of their original as de(reed in the law