Remedial Law- Evidence, Electronic Evidence( Memory Aid)

REMEDIAL LAW (EVIDENCE) MEMORY AID – ANNEX A ATENEO CENTRAL BAR OPERATIONS 2002

HIGHLIGHTS of the New RULES ON ELECTRONIC EVIDENCE Historical Background * Pre-Electronic Commerce Act ("ECA") Era People v. Burgos, Burgos , 200 SCRA 67 [1991] Facts: Facts: This case case involves involves a prosecu prosecution tion under under the Anti-S Anti-Subve ubversio rsion n Act. Trial Trial Court disal disallow lowed ed the printi printing ng of data data from from disket diskettes tes becau because se the diske diskette ttes s were were in the possession of the prosecution and printing could be manipulated by prosecution witness. Held: Held: SC held that trial court's court's lack of confidence confidence in the witness witness should not have affected the integrity of the diskettes or prosecution's right to show contents of the diskettes. IBM Phils., Inc. v. Pena, Pena , 305 SCRA 92 [1999] Facts: This is an illegal termination termination case. case. Employer Employer attached e-mails to Position Paper Paper showing absenteeism, tardiness, and sufficient warnings therefor. Held: SC Held that e-mails were inadmissible because: - They were not signed. - They were not certified certified or authenticated authenticated by company company official who could could attest that they came from IBM's computer system or data stored were not or could not have been tampered with before they were printed out. Burgos and IBM cases cases highl highligh ightt three three (3) (3) evide evidenti ntiary ary matte matters rs relati relating ng to computer-based documents: (1) Right to use the document as evidence; (2) Integrity of the elect electron ronic ic docu docume ment; nt; and and (3) Auth Authen entic ticat ation ion of the the docum documen entt for for evide evidenti ntiary ary purposes.

* Electronic Commerce Act Era 14 June 2000 - The Electronic Commerce Act (RA 8792) was approved into law. - The ECA was basically patterned after the UNCITRAL Model Law which was the model law for Electronic Commerce Laws adopted by the UN General Assembly in 1996. - Under Sec. 11 of ECA, the Supreme Supreme Court is to promulgate promulgate rules on authentication authentication of electronic documents and signatures. 13 July 2000  The Department of Trade and Industry approved the Implementing Rules and Regulations ("IRR") for the ECA.  The IRR contained no detailed rules on evidence. 01 March 2001  SC Admi Adminis nistra trativ tive e Circu Circular lar No. 19-20 19-2001 01 consti constitut tuted ed the Comm Committ ittee ee on the Revision of Rules of Court to draft the Rules on E-Commerce Law. 17 July 2001  Supreme Court En Banc approves the Rules on Electronic Evidence ("REE"). 01 August 2001  The REE went into effect. ...........................

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The Electronic Commerce Act (ECA) NON-DISCRIMINATION RULE Sec. 6. Legal Recognition of Electronic Data Message. - Information Information shall NOT be denied validity or enforceability solely on the ground that it is in the form of electronic data message purporting purporting to give rise r ise to such legal effect, or that it is merely incorporated by reference in that electronic data message. Sec. 12. Admissibility and Evidential Weight of Electronic Data Messages or Electron Electronic ic Documen Documents. ts. - In any any lega legall proce proceed eding ings, s, NOTHI NOTHING NG in the application of the rules on evidence shall DENY admissibility of an electronic data message or electronic document in evidence a. On the sole ground that it is in electronic form; or b. On the ground that it is NOT the standard form.

FUNCTIONAL EQUIVALENT RULE  An electronic document is the functional equivalent of a paper-based document.  An electronic signature is the functional equivalent of a handwritten signature. Sec.7. Legal recognition of Electronic Documents. xxx For evident evidentiary iary purpose purposes, s, an electron electronic ic documen documentt shall shall be the functio functional nal equivalent of a written document under existing laws. Sec. 10. Original documents. - (1) Where the the law requires requires information information to be presented or retained in its original form, that requirement is met by an electronic data message or electronic document if: (a) The integrity of the document document ... is shown shown by evidence evidence aliunde or otherwise, or otherwise, and (b) ... the document is capable of being displayed to the person to whom it is presented. Sec. 8. Legal Recognition of Electronic Signatures. Signatures. - An electronic signature on the electronic document shall be equivalent to the signature of a person on a writte written n docum documen entt if the the signa signatu ture re is an electr electron onic ic signa signatur ture e and and proved proved by showing that a prescribed procedure, not alterable by the parties interested in the electronic document, existed ... ECA NOT A RULE ON AUTOMATIC ADMISSIBILITY Sec. 7. x x x xxx The The Act Act does does NOT modi modify fy any any statu statutor tory y rule rule relati relating ng to the the admis admissib sibili ility ty of electronic data messages or electronic documents, except the rules relating to authentication and best evidence. ................................. Some basic things to remember on the REE    

REE is interim in nature. Hence, it will be improved as time and and experience experience will dictate. REE is simplified to facilitate its application to actual court setting and to minimize use of technical terms in the ECA. Familiar terms and phrases found in the present body of law are used to the maximum. Due to novelty and technical nature REE should not be strictly construed as to

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unne unnece cessa ssaril rily y exclud exclude e evide evidence nce and and doub doubts ts should should be resolv resolved ed in favor favor of admissibility. ................................. Structure of the REE 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. 

Shall apply to presentation of electronic documents, audio, photographic, video and ephemeral evidence.

SECTION 2. Cases Covered. Covered. - These Rules Rules shall apply apply to all civil actions actions and proceedings, as well as quasi-judicial and administrative cases. SECTION SECTION 3. App Applic licati ation on of othe otherr rules rules on evide evidence nce.. - In all matte matters rs not not specific specifically ally covered by these these Rules, Rules, the Rules of Court Court and pertinent pertinent provisions provisions of statutes containing rules on evidence shall apply. Suppletory application of other rules as provided in the Rules of Court (e.g. relevancy, offer of evidence) and other Statues containing rules of evidence (e.g. Wiretapping Act (RA 4200) and Bank Secrecy Law (RA 1405, as amended).

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RULE 2 DEFINITION OF TERMS AND CONSTRUCTION SECTION 1. Definition of Terms. - For purposes purposes of these these Rules, Rules, the following following terms are defined, as follows: (a) "Asymmetric "Asymmetric or public cryptosystem" cryptosystem" means a system capable 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 "Business records" include records of any business, business, institution, institution, association, association, profession, occupation, and calling of every kind, whether or not conducted for profit, or for legitimate or illegitimate purposes. (c) "Certific "Certificate" ate" means means an electronic electronic document document issued issued to support a digital digital signature which purports to confirm the identity or other significant characteristics of the person who holds a particular key pair. (d) "Compute "Computer" r" refers to any single or interconne interconnected cted device device or apparat apparatus, us, which, by electronic, electro-mechanical, or magnetic impulse, or by other means with the same function, function, can receive, receive, record, transmit transmit,, store, store, process, process, correla correlate, te, analyze 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) (e) "Dig "Digit ital al Sign Signat atur ure" e" refe refers rs to an elec electr tron onic ic sign signat atur ure e cons consis isti ting ng of a transform transformatio ation n of an electroni electronic c documen documentt or an electron electronic ic data message message using using an asymmet asymmetric ric or public public cryptosy cryptosystem stem such that that a person person having having initial initial untrans untransform formed ed electronic document and the signer's public key can accurately determine: (i) (i) Whet Whethe herr the the tran trans sform format atio ion n was was crea create ted d usin using g the the priv privat ate e key that corresponds to the signer's public key; and (ii) (ii) Whet Whethe herr the the initi initial al elec electr tron onic ic docu docum ment ent had had been been alter altered ed after the transformation was made. (f) "Digitally signed" signed" refers to an electronic document document or electronic data message message bearing a digital signature verified by the public key listed in a certificate. (g) "Electronic data message" message" refers to information information generated, generated, sent, received, or stored by electronic, optical, or similar means. (h) (h) "Ele "Elect ctro roni nic c docu docume ment nt"" refe refers rs to info inform rmat atio ion n or the the repr repres esen enta tati tion on of information, data, figures, symbols, or other modes of written expression, described or

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however represented, represented, by which a right is established or an obligation obligation extinguished, or by which a fact may be proved and affirmed, which is received, recorded, transmitted, stored, stored, processed, processed, retrieved retrieved or produced produced electron electronical ically. ly. It includes includes digitall digitally y signed signed docum documen ents ts and and any any printo printout ut or outpu outputt reada readable ble by sight sight or other other mean means, s, which which accurately reflects the electronic data message or electronic document. For purposes of these these Rules Rules,, the term term "elec "electro troni nic c docu docume ment" nt" may may be used used inter intercha chang ngea eably bly with with "electronic data message". (i) "Electronic key" refers refers to a secret code which secures and and defends sensitive sensitive informat information ion that crosses crosses over public public channe channels ls into a form deciphera decipherable ble only only with a matching electronic key. (j) "Electronic signature" signature" refers to any any distinctive distinctive mark, characteris characteristics tics and/or 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 message or electronic electronic documen document. t. For purposes purposes of these Rules, Rules, an electronic electronic signature includes digital signatures. (k) "Ephemeral "Ephemeral electronic electronic communication" communication" refers to telephone telephone conversation conversations, s, text text messa message ges, s, chatro chatroom om sessio sessions ns,, strea streamin ming g audio audio,, strea streami ming ng video video,, and and othe other r electronic forms of communication the evidence of which is not recorded or retained. (l) "Information "Information and and Communica Communication tion System" System" refers to a system for generatin generating, g, sendin sending, g, receiv receiving ing,, storin storing g or otherw otherwise ise proce processi ssing ng elect electron ronic ic data data messa message ges s or electronic documents documents and includes the computer system or other similar devices by or in which data are recorded or stored and any procedure procedure related to the r ecording or storage of electronic data messages or electronic documents. (m) (m) "Key "Key Pair" Pair" in in an asym asymme metri tric c crypt cryptosy osyste stem m refer refers s to the the priva private te key key and and its mathematically 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 Rules shall be liberally construed construed to assist assist the parties in obtaining a just, expeditious, and inexpensive determination of cases. The The inte interp rpre reta tati tion on of thes these e Rule Rules s shal shalll also also take take into into cons consid ider erat atio ion n the the intern internati ation onal al origin origin of Repu Republi blic c Act Act No. 8792 8792,, otherw otherwise ise known known as the Electr Electron onic ic Commerce Act.  

The REE should be liberally construed and the international origin of the ECA should be taken into consideration. Doubts should be resolved in favor of admissibility.

RULE 3 ELECTRONIC DOCUMENTS SECTION SECTION 1. Electron Electronic ic documen documents ts as function functional al equival equivalent ent of paper-b paper-based ased 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. The Functional Equivalent Rule The term "writing", "document", "record", "instrument", "memorandum", or any other form of writing under rules on evidence includes electronic document, e.g.: - Documentary evidence (Sec. 2, Rule 130) - Best Evidence Rule (Secs. 3-4, Rule 130) - Parole Evidence Rule (Sec. 9, Rule 130) - Interpretation Interpretati on of Documents (Secs. 10-19, Rule 130) - Memorandum testimony (Sec. 16, Rule 132) on present recollection refreshed and past recollection recorded. - Tender of excluded evidence or Offer of Proof (Sec. 40, Rule 132)

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- Statute of Frauds (Art. 1403, Civil Code) - Bank Secrecy Law (RA 1405, as amended) SECTION 2. Admissibility. -An - An electronic document is admissible in evidence 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. Requisites for admissibility of Electronic Document (1) (1) Comp Compli lies es wit with h the the rule rules s on adm admissi issibi bili lity ty,, and and (2) (2) Auth Authen enti tica cate ted d in the the man manne nerr pre presc scri ribe bed d by by the the REE. REE. SECTION SECTION 3. Privileged Communication. Communication. - The The confid confiden entia tiall charac character ter of a privileged communication is not lost solely on the ground that it is in the form of an electronic document.

RULE 4 BEST EVIDENCE RULE SECTION 1. Original of an Electronic Document. - An electronic document shall be regarded as the equivalent 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. Original under the Best Evidence Rule if: (1) (1) Any pr printout or or ot other ou output; (2) (2) Read Readab able le by sigh sightt or or by by oth other er mean means; s; and and (3) (3) Show Shown n to refl reflec ectt the the data data accu accura rate tely ly SECTION 2. Copies as equivalent of the originals. - When a document 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 equiv equival alent ent techn techniq ique ues s which which accur accurate ately ly reprod reproduce uces s the the origin original al,, such such copie copies s 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 Copies as originals Copies ------>(1 ------> (1)) (2)

Execu xecute ted d at at or or abo about ut the the sa same tim time, and and With id identical co contents

Counterparts------> (1) (1) Prod Produc uced ed from from the the sam same e imp impre ress ssio ion n as as the the orig origin inal al,, or from the same matrix, or by mechanical or electronic rerecording, or by chemical reproduction, or by other equivalent techniques, and (2) (2) Accu Accura rate tely ly repr reprod oduc uces es the the orig origin inal al.. e.g. e.g. scan scanne ned d documents Exceptions (1) (1) (2) (2)

Genu Genuin ine e ques questi tion ons s rais raised ed as as to aut authe hent ntic icit ity y of ori origi gina nal; l; Unfa Unfair ir to adm admit the the cop copy y in in lie lieu u of of ori origi gina nall

Addition of any (1) endorsement, endorsement, (2) authorized change, change, and (3) change which arises arises in the normal course of (a) Communication, (b) storage, or (c) display does not affect the integrity of the t he electronic document. document.

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RULE 5 AUTHENTICATION OF ELECTRONIC DOCUMENTS ECA prescribes modes of authentication of electronic documents and signatures (Sec. 11) which is technical in nature - algorithm, codes, encryptions, etc. ECA ECA expr expres essl sly y gran grants ts the the Supr Suprem eme e Cour Courtt powe powerr to modi modify fy the the mode modes s of authentic authenticatio ation n (Sec. (Sec. 12). The Supre Supreme me Court Court may may adop adoptt othe otherr authe authenti nticat catio ion n procedures. SECTION 1. Burden of proving authenticity. - The person person seeking 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 evidenc evidence e that other appropri appropriate ate security security procedu procedures res or devi device ces s may may be auth author oriz ized ed by the the Supr Suprem eme e Cour Courtt or by law law for 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. SECTION SECTION 3. Proof Proof of electron electronical ically ly notarize notarized d documen document. t. - A docu docume ment nt electronically electronically notarized in accordance accordance with the rules promulgated promulgated by the Supreme Court shall be considered as a public document and proved as a notarial document under the Rules of Court. ECA ECA gran grants ts SC powe powerr to adopt dopt elec electr tron onic ic nota notari riza zati tion on as a mode mode of authentication (Sec. 11). Proof of electronically notarized documents (1) (1) Mus Must be electro ctron nica ically lly notari tarize zed d in acco ccorda rdance with with the rule rules s to be promulgated by the Supreme Court. (2) If so: so: (a) Publi Public c docu docume ment nt;; and and (b) Proved Proved as a notar notarial ial docum documen ent. t. 

RULE 6 ELECTRONIC SIGNATURES SECTION 1. Electronic Signature. - An electronic signature or a digital signature authenti authenticate cated d in the manner manner present presented ed hereund hereunder er is admissi admissible ble in evidenc evidence e as the functional equivalent of the signature of a person on a written document. Electronic signature as the functional equivalent of handwritten signature (Sec. 1) (1) (1) Includes di digital si signature; (2) (2) Must Must be be auth authen enti tica cate ted d in the the man manne nerr pres prescr crib ibed ed by by the the Rule Rules. s. SECTION 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. SECTION 3. Disputable presumptions relating to electronic signatures. - Upon the authentication of an electronic signature, it shall be presumed that:

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(a) (a) The The elec electr tron onic ic sig signa natu ture re is is tha that of the the pers person on to to whom whom itit correlates; (b) (b) The The elec electr tron onic ic sig signatu nature re was was affix affixed ed by by that that pers person on wit with h the intention of authentication 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 methods or processe processes s utili utilized zed to affix or verify verify the the electronic signature operated without error or fault. SECTION 4. Disputable presumptions relating to digital signatures. - Upon the authentication authentication of a digital signature, it shall be presumed, presumed, in addition to those mentioned in the immediately preceding section that: (a) (a) The The inf infor orma mati tion on cont contai aine ned d in a cer certi tifi fica cate te is is corr correc ect; t; (b) (b) The The digi digita tall sign signat atur ure e was was creat reated ed duri during ng the the opera operati tion onal al period of a certificate; (c) (c) No cau cause se exi exist sts s to rend render er a cer certi tifi fica cate te inv inval alid id or or revo revoca cabl ble; e; (d) (d) The The mess messag age e asso associ ciat ated ed wit with h a digi digita tall signa signatu ture re has has no not been altered from the time it was signed; and (e) (e) A cert certif ific icat ate e had had been been iss issue ued d by the the cer certi tifi fica cati tion on aut autho hori rity ty indicated therein. RULE 7 EVIDENTIARY WEIGHT OF ELECTRONIC DOCUMENTS SECTION SECTION 1. Factors Factors for assessin assessing g evidenti evidentiary ary weight. weight. - In asses assessin sing g the the evidentiary weight of an electronic document, the following factors may be considered: (a) (a) The The reli relia abilit ility y of the the man manner or meth metho od in whic which h it was was generated, stored, or communicated, including but not limited to input or output procedures, controls, tests and checks for accuracy and reliability of the the elec electr tron onic ic data data mess messag age e or docu docume ment nt in the the ligh lightt of all all the the circumstances as well as any relevant agreement; (b) (b) The The rel reliab iabilit ility y of the manner in which ich its its orig rigina inator was identified; (c) (c) The The inte integr grit ity y of the the info inform rmat atio ion n and and comm commun unic icat atio ion n syst system em in which it is recorded or stored, including but not limited to the hardware and computer programs or software 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 information which went into the commun communicat ication ion and informa information tion system system upon upon which which the electron electronic ic data message or electronic document was based; or (f) Other factors which the court may consider as affecting the accur accuracy acy or integ integrit rity y of the the electr electron onic ic docum documen entt or electr electron onic ic data data message. SECTION 2. Integrity of an information and communication system. - In any 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) (a) Whet Whethe herr the the infor informa mati tion on and and commu communi nica cati tion on syst system em or 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 grounds to doubt doubt the integrit integrity y of the informat information ion and commun communicat ication ion system; (b) (b) Whet Whethe herr the elec electr tron onic ic docu docume ment nt was was reco recorded rded or stor stored ed by a party to the proceedings with interest adverse to that of the party using it; or (c) (c) Whet Whethe herr the ele elect ctro roni nic c docum documen entt was was reco recorded rded or or store stored d 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.

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RULE 8 BUSINESS RECORDS AS EXCEPTION TO THE HEARSAY RULE SECTION 1. Inapplicability of the hearsay rule. - A memorandum, report, record or data data compil compilati ation on of acts, acts, even events, ts, cond conditi ition ons, s, opini opinion ons, s, or diagn diagnose oses, s, made 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 condu conduct ct of a busin business ess activity activity,, and and such such was the regula regularr practi practice ce to make 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. Requisites to qualify as exception to the hearsay rule: (1) (1) Memo Memora rand ndum um,, rep repor ort, t, reco record rd,, or or dat data a com compi pila lati tion on of - acts, events, conditions, opinion, or diagnoses (2) Made by - electronic, optical, or optical means (3) At or nea nearr the the tim time e of of or or from from transm transmiss ission ion or sup supply ply of info inform rmati ation on (a) by a person with knowledge thereof, (b) kept in the regular course or conduct of a business activity, and (c) such was the regular practice of that business activity - to make the memorandum, report, record, or data compilation - by electronic, electronic, optical, or similar means How to Prove - by testimony of: (1) Custodian (2) Other qu qualified wi witness - Entrant or preparer of record need not testify

SECTION 2. Overcoming the presumption. - The presumptio presumption n provided provided for 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. Inapplicability of business records exception  Untrustworthiness of: (1) Source of information (2) Method of circumstances of (a) Preparation (b) Transmission Transmission (c) Storage Changes from the current business record exception (1) Entrant need not be deceased or unable to testify ( cf Sec. cf Sec. 43, Rule 130) (2) Entrant need not have personal knowledge ( cf Cangue v. CA, 305 SCRA 579 (1999); Philamlife v. Capital Assurance Corp, [CA] 72 OG 349 [1975]). RULE 9 METHOD OF PROOF SECTION 1. Affidavit Affidavit of evidence. - All matters relating to the the admissibility admissibility and evidentiary weight of an electronic document may be established by an affidavit stating facts of direct personal personal knowledg knowledge e of the affiant or based on authen authentic tic records. records. The affidavit must affirmatively show the competence of the affiant to testify on the matters contained therein. Affidavit evidence Requisites for admissibility; and  Requisites

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REMEDIAL LAW (EVIDENCE) MEMORY AID – ANNEX A ATENEO CENTRAL BAR OPERATIONS 2002 

Evidential weight of electronic document (Sec. 1)

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. Cross-examination  Affiant shall be made to affirm the contents of the affidavit in open court;  May be cross-examined by adverse party (Sec. 2)

RULE 10 EXAMINATION OF WITNESSES SECTION SECTION 1. Electronic testimony. - After After summari summarily ly hearin hearing g the partie parties s pursu pursuan antt to Rule Rule 9 of these these Rule Rules, s, the court court may may autho authoriz rize e the the prese presenta ntatio tion n of testimon testimonial ial evidence evidence by electron electronic ic means. means. Before Before so authorizi authorizing, ng, 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. Electronic testimony  Summary Summary hearing hearing through through affidavit affidavit testimon testimony y subject subject to cross cross examina examination tion pursuant to Rule 9;  Necessity of presentation of testimonial evidence by electronic means;  Terms and conditions as may be necessary under the circumstances, including the protection of the rights of the witnesses concerned. SECTION SECTION 2. Transcrip Transcriptt of electron electronic ic testimon testimony. y. - When When exam examina inatio tion n of a witness witness is done done electron electronicall ically, y, the entire entire proceed proceedings ings,, includin including g the question questions s and answe answers, rs, shall shall be trans transcri cribe bed d by a steno stenogra graph pher, er, steno stenotyp typist ist,, or other other record recorder er authorized for for the purpose who shall certify as correct 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. Transcript of electronic testimony  Entire proceedings shall be transcribed;  Transcript should reflect the fact that the proceedings, either in whole or in part, had been electronically recorded SECTION 3. Storage of electronic evidence. evidence. - The electronic evidence and recording thereof as well as the stenographic notes shall form part of the record of the case. case. Such Such transcript transcript and recordin recording g shall be deemed deemed prima facie evidence of such proceedings. Storage of electronic evidence  Constitute part of the records of the case  Deemed prima facie evidence of 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 shown,, prese presente nted d or displa displayed yed to the the court court and and shall shall be iden identif tifie ied, d, expla explaine ined, d, or auth authen enti tica cate ted d by the the pers person on who who made made the the reco record rdin ing g or by some some othe otherr pers person on competent to testify on the accuracy thereof. SECTION SECTION 2.

Ephemeral Ephemeral electronic communication. communication. -

Epheme Ephemeral ral electron electronic ic

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communications shall be proven by the testimony of a person who was a party to the same or has personal personal knowledge knowledge thereof. thereof. In the absence absence or unavail unavailabil ability ity of such witnesses, other competent evidence may be admitted. A reco record rdin ing g of the the tele teleph phon one e conv conver ersa sati tion on or ephe epheme mera rall elec electr tron onic ic communication shall be covered by the immediately preceding section. If the foregoin foregoing g commun communicat ications ions are recorded recorded or embodi embodied ed in an electron electronic ic document, then the provisions of Rule 5 shall apply.

RULE 12 EFFECTIVITY SECTION 1. Applicability Applicability to pending pending cases. - These Rules Rules shall shall apply to cases pending after their effectivity. SECTION 2. Effectivity. - These These Rules Rules shall shall take effec effectt on the first first day of August 2001 following their publication before the 20th July 2001 in two newspapers of general circulation in the Philippines.

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Remedial Law- Evidence, Electronic Evidence( Memory Aid)

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