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AT A GLANCE:
In the Philippines, parties are allowed to offer electronic documents as evidence in civil, criminal, administrative, and quasi-judicial cases. When parties offer such forms of evidence, the Rules on Electronic Evidence apply. Notably, before an electronic document can be admissible in evidence, it must first be authenticated in the manner prescribed by Rule 5 of the Rules on Electronic Evidence.
In the Philippines, parties are allowed to offer electronic documents as evidence in civil, criminal, administrative, and quasi-judicial cases. When parties offer such forms of evidence, the Rules on Electronic Evidence apply.
(Rule 1, Rules on Electronic Evidence; People v. Enojas, G.R. No. 204894, March 10, 2014)
What is an electronic document?
An electronic document refers to information which establishes a right, extinguishes an obligation, or proves and affirms a fact, and which is received, recorded, transmitted, stored, processed, retrieved, or produced electronically.
An electronic document includes digitally signed documents, and any printout or output readable by sight or other means, which adequately reflects the electronic information.
Under the Rules on Electronic Evidence, electronic documents are the functional equivalent of paper-based documents. And under the Best Evidence Rule, an electronic document shall be regarded as the equivalent of an original document if it is a printout or output readable by sight or other means, shown to reflect the data accurately.
(Rules 2-4, Rules on Electronic Evidence)
When can an electronic document be used as evidence?
For the courts to consider an electronic document as evidence, it must pass the test of admissibility prescribed by the Rules of Court and related laws, and “is authenticated in the manner prescribed” by the Rules on Electronic Evidence.
The process for authentication is outlined below:
Burden of Proving the Electronic Document is Authentic
The person seeking to introduce an electronic document in any legal proceeding has the burden to prove that it is authentic.
Manner of Authentication
The authenticity of an electronic document may be proved by any of the following means:
- By evidence that it had been digitally signed by the person who supposedly signed the document;
- By electronic evidence that other appropriate security procedures or devices as may be authorized by the Supreme Court or law for authentication of electronic documents were applied to the document;
- By other evidence showing its integrity and reliability to the satisfaction of the judge.
For electronically notarized documents:
- Electronically notarized documents are considered as a public document, and shall be proved as a notarial document under the Rules of Court
For electronic or digital signatures:
- Electronic or digital signatures are admissible in evidence as the equivalent of the signature of a person on a written document, if they are authenticated in any of the following manner:
- By evidence that a method or process was utilized to establish a digital signature and verity the same;
- By any other means provided by law; or
- By any other means satisfactory to the judge as establishing the genuineness of the electronic signature.
Affidavit of Evidence
All matters relating to, among others, the admissibility of an 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 also affirmatively show the competence of the affiant to testify on the matters contained therein.
(Rules 5-6, and 9, Rules on Electronic Evidence)
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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