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Rules on Electronic Evidence Lawphil

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Section 1. Original electronic document. – An electronic document is considered equivalent to an original document within the meaning of the best evidence rule if it is a visible or otherwise legible print or output which has been shown to accurately reflect the data. Examples of electronic data messages or electronic evidence include files on computer hard drives and floppy disks, computer printouts, text messages (SMS), Facebook chats, multimedia messages (MMS) and CCTV footage. Electronic documents include digitally signed documents and any printing or output that is visible or otherwise legible and that accurately reproduces the message or electronic data document. (c) by any other means satisfactory to the court to prove the authenticity of the electronic signature. There are no specific requirements or restrictions on the use of digital or electronic signatures by government agencies in the Philippines. Government agencies are required to accept electronic signatures or documents signed with electronic signatures. Section 3 Inside Communication. – The confidential nature of the privileged communication is not lost simply because it takes the form of an electronic document.

Section 1. Factors used to assess the weight of evidence. – When assessing the probative value of an electronic document, the following factors may be taken into account: (c) `certificate` means an electronic document issued in support of a digital signature and intended to confirm the identity or other important characteristics of the person holding a particular key pair. Rustan Ang questioned the admissibility of the obscene image he had sent to the complainant as MMS. He argued that since the MMS had not been certified in accordance with the ERA, it was inadmissible as evidence against him. Another notable change is the change from the term « best evidence rule » to « original document rule ». This amendment has been made to reflect the principle that the application of the rule is limited to documentary evidence. The term « electronic document » means any information or representation of information, data, illustrations, symbols or other written expressions, described or represented, by which a right or obligation has been extinguished or by which a fact can be proven and confirmed, which is received, recorded, transmitted, stored, processed, retrieved or produced by electronic means. The scope of the Law on Electronic Commerce applies to all types of electronic data messages and documents used in the course of commercial and non-commercial activities, including transactions, transactions, agreements, domestic and international contracts, as well as the exchange and storage of information. While the Electronic Evidence (Administrative Case No.

01-07-01-SC) Regulations adopt the aforementioned definition of Republic Act No. 8792 and also define a « digital signature », which is a specific type of extended electronic signature. Section 1. Electronic signature. – An electronic signature or digital signature authenticated in the manner prescribed herein is permitted as a functional equivalent of a person`s signature on a written document. An electronic signature can therefore be used if Philippine law does not require compliance with certain formalities during its execution (e.g. notarization). Section 1. Electronic testimony. – After a summary hearing of the parties in accordance with Article 9 of these Rules, the Tribunal may authorise the production of evidence by electronic means. Before granting leave, the court shall decide on the need for such an explanation and determine the conditions necessary in the circumstances, including the protection of the rights of the parties concerned and witnesses.

Non-compliance with the Electronic Commerce Act eliminates the presumption of applicability and eligibility. However, electronic signatures that do not meet these requirements may still be used to prove an individual`s consent to the electronically signed document. An electronic or digital signature authenticated under the Supreme Court`s rules on electronic evidence is permitted as a functional equivalent of a person`s signature on a written document. The courts are familiar with the laws on electronic signatures and take note of them in court. The VEP defines a digital signature as « an electronic signature consisting of a transformation of an electronic document or electronic data message using an asymmetric or public cryptosystem so that a person holding the original untransformed electronic document and the public key of the signatory can accurately determine: whether the transformation was created with the private key, that corresponds to the signatory`s public key; and whether the original electronic document was amended after conversion. There is no official list of trusted third-party CAs. However, the Philippine government has an official PKI system, the Philippine National Public Key Infrastructure System. Electronic signatures are recognized by law in the Philippines and are required by Republic Act No. 8792 and the Electronic Commerce Act of 2000 (the « Electronic Commerce Act ») and its implementing rules and regulations. It is necessary that the requested party be required to have signed or provided the electronic signature in order to proceed with the transaction; and photographs, still images, drawings, stored images, X-rays and feature films or videos are expressly included in the definition of documentary evidence. Since photographs and recordings are considered documentary evidence, the « original document rule » also applies. An electronic signature is a representation of the identity of a person who accompanies an electronic message or data document created with the intent to authenticate or approve that electronic message or data document. The signature may be any distinctive sign, characteristic or sound in electronic form.

(b) demonstrating that other appropriate procedures or safeguards that may be approved by the Supreme Court or by law to authenticate electronic documents have been applied to the document; or To have the same presumption of enforceability and admissibility of a « handwritten » signature, electronic signatures must meet the above requirements. Accordingly, only an electronic document with a digital signature based on a certificate verifiable by a trusted third party will be recognized under Philippine law as the equivalent of a « handwritten » signature. A method is used to identify the party to be bound and to indicate that party`s access to the electronic document necessary for its consent or consent by means of the electronic signature; The ERA applies when an electronic data message or evidence is offered or used as evidence. Section 2. Admissibility. – An electronic document is admissible as evidence if it complies with the rules of admissibility prescribed by the Judicial Code and related laws and if it is certified in the manner prescribed by these Rules of Procedure. Depending on the ERA, an electronic or digital signature can be authenticated in one of the following ways: Section 1. – Audio, photographic and video evidence of events, acts or transactions is admissible provided that it is shown, presented or presented to the court and is identified, explained or certified by the person who made the recording or by another person authorized to testify as to its accuracy. In the Philippines, there are several use cases that require a traditional « handwritten » signature. Although no law expressly prohibits the use of electronic signatures for a contract, this document should not be in electronic form if a notarized document is required by law or if the parties want a notarized document.

According to the RRE, a witness can now be charged by proving the conviction of a crime if there is a sentence of more than one year or a crime with moral rejection. The term « electronic data message » means information generated, sent, received or stored in electronic, visual or similar form. In general, the Electronic Commerce Act and its implementing regulations regulate the use of electronic registrations and signatures. The provisions of the Electronic Commerce Act apply to all types of electronic data messages and documents used in commercial and non-commercial activities. The Act regulates electronic commerce in certain areas, namely contracts for the carriage of goods and electronic transactions within the State, which include State-owned and controlled enterprises. If an electronic or digital signature is authenticated in accordance with the VEP, so-called controversial hypotheses arise. These are assumptions that are satisfactory for legal purposes until they are refuted and overcome by other evidence. You are: (a) proof that it was digitally signed by the person who purported to sign it; Although the use of electronic signatures is not prohibited by government agencies, caution should be exercised before using electronic signatures for transactions with these agencies.