Rule 130 Secs.

2-8;
Rule 132, Secs. 25 & 27;
R.A. 8792, Electronic Commerce Act, Secs. 5, 6-15;
Rules on Electronic Evidence (REE), Rule 2, Secs. 1, 3, 4)

Sec. 2 Documentary Evidence -

Documents as evidence consist of
writings, recordings, photographs or
any material containing letters, words, sounds,
Numbers, figures, symbols, or their equivalent
or other modes of written expression
offered as proof of their contents.
Photographs include
still pictures, drawings, stored images,
x-ray films, motion pictures or videos

Original Document Rule

Sec. 3 Original Document must be produced; exceptions-
When the subject of inquiry is the
contents of a document, writing, recording, photograph or other record,
No evidence is admissible other than the original document itself,
except in the following cases:
(a) When the original is
lost or destroyed, or cannot be produced in court,
without bad faith on the part of the offeror

(b) When the original is

in the custody or control of the party against whom the evidence is offered,
And the latter fails to produce it after reasonable notice,
or the original cannot be obtained by local judicial processes or procedures

(c) When the original

consists of numerous accounts or other documents
which cannot be examined in court without great loss of time and
the fact sought to be established from them is
only the general result of the whole;

(d) When the original is

A public record in the custody of a public officer or is recorded in a public office;

(e) When the original is not closely related to a controlling issue.

Sec. 4 Original of Document -

(a) An "original" of a document is the document itself or any counterpart intended to have the same
effect
By a person executing or issueing it.
An "original of a photogrpah includes the negative or any print therefrom.
If data is stored in a computer or similar device, any printout or other output
readable by sight or other means, shown to reflect the data accurately, is an
"original"

(b) A "duplicate" is a counterpart produced by the same impression as the original,

or from the same matrix, or by means of photography,
including enlargements and miniatures,
or by mechanical or electronic re-recording
or by chemical reproduction, or by other equivalent techniques which
accurately reproduce the original

(c) A "duplicate is admissible to the same extent as an original unless

 (1) a genuine question is raised as to the authenticity of the original, or
(2)in the circumstances, it is unjust or inqequitable to admit the duplicate in lieu of the
original.

Sec. 5. When original document is unavailable. -

When the original document has been lost or destroyed, or cannot be produced in court,
the offeror,
upon proof of its execution or existence and
the cause of its unavailability
without bad faith on his or her part,
may prove its contents by a copy,
or by recital of its contents in some authentic document,
or by the testimony of witnesses
in the order stated.

Sec. 6 When original document is in adverse party's custody or control. -

If the document is in the custody or under the control of the adverse party,
he or she must have reasonable notice to produce it.
If after such notice and
after satisfactory proof of its existence,
he or she fails to produce the document,
secondary evidence may be presented as in the case of its loss.

Sec. 7 Summaries. -
When the contents of documents, records, photographs, or numerous accounts are voluminous
and cannot be examined in court without great loss of time,
and the fact sought to be established is only the general result of the whole,
the contents of such evidence may be presented in the form of a
chart,
summary or
calculation.

The originals shall be available for examination or copying, or both,

by the adverse party at a reasonable time and place.
The court may order that they be produced in court.

Sec. 8 Evidence is admissible when original document is a public record. -

When the original of a document is in the custody of a public officer or
is recorded in a public office,
its contents may be proved by a certified copy
issued by the public officer in custody thereof.

RULE 132
Sec. 25 What attestation of copy must state. -
Whenever a copy of a document or record is attested for the purpose of evidence,
the attestation must state, in substance,
that the copy is a correct copy of the original,
or a specific part thereof, as the case may be.
The attestation must be under the official seal of the attesting officer, if there be any,
or if he or she be the clerk of a court having a seal, under the seal of such court.

Sec. 27. Public record of a private document. -

An authorized public record of a private document
may be proved by the original record,
or by a copy thereof,
attested by the legal custodian of the record,
with an appropriate certificate that such officer has the custody.

R.A. 8792, Electronic Commerce Act, Secs. 5, 6-15;

Section 5. Definition of Terms - For the purposes of this Act, the following terms are defined, as
follows:
(a) "Addressee" refers to a person who is intended by the originator to receive the electronic data
message or electronic document. The term does not include a person acting as an intermediary
with respect to that electronic data message or electronic data document.
(b) "Computer" refers to any device or apparatus which, by electronic, electro-mechanical, or
magnetic
impulse, or by other means, is capable of receiving, recording, transmitting, storing, processing,
retrieving, or producing information, data, figures, symbols or other modes of written expression
according to mathematical and logical rules or of performing any one or more of these functions.
(c) "Electronic Data Message" refers to information generated, sent, received or stored by
electronic, optical or similar means.
(d) "Information and Communications System" refers to a system intended for and capable of
generating,
sending, receiving, storing, or otherwise processing electronic data messages or electronic
documents and includes the computer system or other similar device by or in which data is
recorded or stored and any procedures related to the recording or storage of electronic data
message or electronic document.
(e) "Electronic Signature" refers to any distinctive mark, characteristic 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 procedures employed or adopted by a
person and executed or adopted by such person with the intention of authenticating or approving
an electronic data message or electronic document.
(f) "Electronic Document" refers to information or the representation of information, data, figures,
symbols or other modes of written expression, described or however represented, by which a
right is established or an obligation extinguished, or by which a fact may be prove and affirmed,
which is receive, recorded, transmitted, stored, processed, retrieved or produced electronically.
(g) "Electronic Key" refers to a secret code which secures and defends sensitive information that
cross over public channels into a form decipherable only with a matching electronic key.
(h) "Intermediary" refers to a person who in behalf of another person and with respect to a
particular
electronic document sends, receives and/or stores provides other services in respect of that
electronic data message or electronic document.
(i) "Originator" refers to a person by whom, or on whose behalf, the electronic document purports
to have been created, generated and/or sent. The term does not include a person acting as an
intermediary with respect to that electronic document.
(j) "Service provider" refers to a provider of -
i. On-line services or network access or the operator of facilities therefor, including entities offering
the transmission, routing, or providing of connections for online communications, digital or
otherwise, between or among points specified by a user, of electronic documents of the user's
choosing; or
ii. The necessary technical means by which electronic documents of an originator may be stored
and made accessible to designated or undesignated third party.
Such service providers shall have no authority to modify or alter the content of the electronic data
message or electronic document received or to make any entry therein on behalf of the originator,
addressee or any third party unless specifically authorized to do so, and who shall retain the
electronic document in accordance with the specific request or as necessary for the purpose of
performing the services it was engaged to perform.

CHAPTER II
LEGAL RECOGNITION OF ELECTRONIC WRITING
OR DOCUMENT AND DATA MESSAGES
Section 6. Legal Recognition of Electronic Data Messages - Information shall not be denied legal
effect, validity or enforceability solely on the grounds that it is in the data message purporting to
give rise to such legal effect, or that it is merely referred to in that electronic data message.

Section 7. Legal Recognition of Electronic Documents - Electronic documents shall have the legal
effect, validity or enforceability as any other document or legal writing, and -
 (a) Where the law requires a document to be in writing, that requirement is met by an
electronic document if the said electronic document maintains its integrity and reliability and
can be authenticated so as to be usable for subsequent reference, in that -
i. The electronic document has remained complete and unaltered, apart from the
addition of any endorsement and any authorized change, or any change which arises in
the normal course of communication, storage and display; and
ii. The electronic document is reliable in the light of the purpose for which it was
generated and in the light of all relevant circumstances.
(b) Paragraph (a) applies whether the requirement therein is in the form of an obligation or
whether the law simply provides consequences for the document not being presented or
retained in its original from.

(c) Where the law requires that a document be presented or retained in its original form, that
requirement is met by an electronic document if -
i. There exists a reliable assurance as to the integrity of the document from the time
when it was first
generated in its final form; and
ii. That document is capable of being displayed to the person to whom it is to be
presented: Provided, That no provision of this Act shall apply to vary any and all
requirements of existing laws on formalities required in the execution of documents for
their validity.

For evidentiary purposes, an electronic document shall be the functional equivalent of a written
document under existing laws.

This Act does not modify any statutory rule relating to admissibility of electronic data massages or
electronic documents, except the rules relating to authentication and best evidence.

Section 8. Legal Recognition of Electronic Signatures. - An electronic signature on the electronic

document shall be equivalent to the signature of a person on a written document if that signature is
proved by showing that a prescribed procedure, not alterable by the parties interested in the
electronic document, existed under which -
(a) A method is used to identify the party sought to be bound and to indicate said party's access to
the electronic document necessary for his consent or approval through the electronic signature;
(b) Said method is reliable and appropriate for the purpose for which the electronic document was
generated or communicated, in the light of all circumstances, including any relevant agreement;
(c) It is necessary for the party sought to be bound, in or order to proceed further with the
transaction, to have executed or provided the electronic signature; and
(d) The other party is authorized and enabled to verify the electronic signature and to make the
decision to proceed with the transaction authenticated by the same.

Section 9. Presumption Relating to Electronic Signatures - In any proceedings involving an

electronic signature, it shall be presumed that -
(a) The electronic signature is the signature of the person to whom it correlates; and
(b) The electronic signature was affixed by that person with the intention of signing or approving
the electronic document unless the person relying on the electronically signed electronic
document knows or has noticed of defects in or unreliability of the signature or reliance on the
electronic signature is not reasonable under the circumstances.

Section 10. Original Documents. -

(1) Where the law requires 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 information from the time when it was first generated in its final form, as an
electronic data message or electronic document is shown by evidence aliunde or otherwise; and
(b) where it is required that information be resented, that the information is capable of being
displayed to the person to whom it is to be presented.
(2) Paragraph (1) applies whether the requirement therein is in the form of an obligation or whether
the law simply provides consequences for the information not being presented or retained in its
original form.
(3) For the purpose of subparagraph (a) of paragraph (1):
(a) the criteria for assessing integrity shall be whether the information has remained complete and
unaltered, apart from the addition of any endorsement and any change which arises in the normal
course of communication, storage and display ; and
(b) the standard of reliability required shall be assessed in the light of purposed for which the
information was generated and in the light of all the relevant circumstances.
Section 11. Authentication of Electronic Data Messages and Electronic Documents. - Until the
Supreme Court by appropriate rules shall have so provided, electronic documents, electronic data
messages and electronic signatures, shall be authenticated by demonstrating, substantiating and
validating a claimed identity of a user, device, or another entity is an information or communication
system, among other ways, as follows;
(a) The electronic signature shall be authenticated by proof than a letter , character, number or
other symbol in electronic form representing the persons named in and attached to or logically
associated with an electronic data message, electronic document, or that the appropriate
methodology or security procedures, when applicable, were employed or adopted by such
person, with the intention of authenticating or approving in an electronic data message or
electronic document;
(b) The electronic data message or electronic document shall be authenticated by proof that an
appropriate security procedure, when applicable was adopted and employed for the purpose of
verifying the originator of an electronic data message and/or electronic document, or detecting
error or alteration in the communication, content or storage of an electronic document or electronic
data message from a specific point, which, using algorithm or codes, identifying words or
numbers, encryptions, answers back or acknowledgement procedures, or similar security devices.
The supreme court may adopt such other authentication procedures, including the use of electronic
notarization systems as necessary and advisable, as well as the certificate of authentication on
printed or hard copies of the electronic document or electronic data messages by electronic
notaries, service providers and other duly recognized or appointed certification authorities.
The person seeking to introduce an electronic data message or electronic document in any legal
proceeding has the burden of proving its authenticity by evidence capable of supporting a finding
that the electronic data message or electronic document is what the person claims it be.
In the absence of evidence to the contrary, the integrity of the information and communication
system in which an electronic data message or electronic document is recorded or stored may be
established in any legal proceeding -
a.) By evidence that at all material times the information and communication system or other
similar device was operating in a manner that did not affect the integrity of the electronic data
message and/or electronic document, and there are no other reasonable grounds to doubt
the integrity of the information and communication system,
b.) By showing that the electronic data message and/or electronic document was recorded or
stored by a party to the proceedings who is adverse in interest to the party using it; or
c.) By showing that the electronic data message and/or electronic document was recorded or
stored 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 the record.

Section 12. Admissibility and Evidential Weight of Electronic Data Message or Electronic
Document. - In any legal proceedings, nothing in the application of the rules on evidence shall
deny the 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 in the standard written form, and the electronic data message
or electronic document meeting, and complying with the requirements under Sections 6 or 7
hereof shall be the best evidence of the agreement and transaction contained therein.
In assessing the evidential weight of an electronic data message or electronic document, the
reliability of the manner in which it was generated, stored or communicated, the reliability of the
manner in which its originator was identified, and other relevant factors shall be given due regard.

Section 13. Retention of Electronic Data Message or Electronic Document. - Notwithstanding any
provision of law, rule or regulation to the contrary -
(a) The requirement in any provision of law that certain documents be retained in their
original form is satisfied by retaining them in the form of an electronic data message or
electronic document which -
 (i) Remains accessible so as to be usable for subsequent reference;
(ii) Is retained in the format in which it was generated, sent or received, or in a format
which can be demonstrated to accurately represent the electronic data message or
electronic document generated, sent or received;
(iii) Enables the identification of its originator and addressee, as well as the
determination of the date and the time it was sent or received.
(b) The requirement referred to in paragraph (a) is satisfied by using the services of a third
party, provided that the conditions set fourth in subparagraph s (i), (ii) and (iii) of paragraph
(a) are met.

Section 14. Proof by Affidavit. - The matters referred to in Section 12, on admissibility and Section
9, on the presumption of integrity, may be presumed to have been established by an affidavit given
to the best of the deponent's knowledge subject to the rights of parties in interest as defined in the
following section.

Section 15. Cross - Examination.

(1) A deponent of an affidavit referred to in Section 14 that has been introduced in evidence may be
crossexamined as of right by a party to the proceedings who is adverse in interest to the party who
has introduced the affidavit or has caused the affidavit to be introduced.

(2) Any party to the proceedings has the right to cross-examine a person referred to in section 11,
paragraph 4, sub paragraph c.

Rules on Electronic Evidence (REE), Rule 2, Secs. 1, Rule 3,Rule 4)

Rule 2 DEFINITION OF TERMS AND CONSTRUCTION
Section 1. Definition of terms. – For purposes of these Rules, the following terms are defined, as
follows:
(a) "Asymmetric or public cryptosystem" means a system 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 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.

(c) "Certificate" means an electronic document issued to support a digital signature which
purports to confirm the identity or other significant characteristics of the person who holds a
particular key pair.

(d) "Computer" refers to any single or interconnected device or apparatus, which, by

electronic, electro-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 functions.

(e) "Digital signature" refers to an electronic signature consisting of a transformation of an

electronic document or an electronic data message using an asymmetric or public
cryptosystem such that a person having the initial untransformed electronic document and the
signer's public key can accurately determine:
i. whether the transformation was created using the private key that corresponds to the
signer's public key; and
ii. whether the initial electronic document had been altered after the transformation was
made.

(f) "Digitally signed" refers to an electronic document or electronic data message bearing a
digital signature verified by the public key listed in a certificate.
 (g) "Electronic data message" refers to information generated, sent, received or stored by
electronic, optical or similar means.

(h) "Electronic document" refers to information or the representation of information, data,

figures, symbols or other modes of written expression, described or however represented,
by which a right is established or an obligation extinguished, or by which a fact may be
proved and affirmed, which is received, recorded, transmitted, stored, processed, retrieved
or produced electronically. It includes digitally signed documents and any print-out or output,
readable by sight or other means, which accurately reflects the electronic data message or
electronic document. For purposes of these Rules, the term "electronic document" may be
used interchangeably with "electronic data message".

(i) "Electronic key" refers to a secret code which secures and defends sensitive information
that crosses over public channels into a form decipherable only with a matching electronic
key.

(j) "Electronic signature" refers to any distinctive mark, characteristic 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 or electronic document.
For purposes of these Rules, an electronic signature includes digital signatures.

(k) "Ephemeral electronic communication" refers to telephone conversations, text messages,

chatroom sessions, streaming audio, streaming video, and other electronic forms of
communication the evidence of which is not recorded or retained.

(l) "Information and communication system" refers to a system for generating, sending,
receiving, storing or otherwise processing electronic data messages or electronic documents
and includes the computer system or other similar devices by or in which data are recorded
or stored and any procedure related to the recording or storage of electronic data messages
or electronic documents.

(m) "Key pair" in an asymmetric cryptosystem refers to the private key and its 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.

Rule 3 ELECTRONIC DOCUMENTS

Section 1. Electronic documents as functional equivalent of paper-based 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.

Section 2. Admissibility. –

An electronic document is admissible in 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.

Section 3. Privileged communication. –

 The confidential character 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 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.

Section 2. Copies as equivalent of the originals. –

When a 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 equivalent techniques which accurately reproduces the original,
such copies 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.

Air France v. Carrascoso 18 SCRA 155 (1966)

Meyers v. United States 171 F.2d 800 (1948)
People v. Tan 105 Phil. 1242 (1959)
Seiier v. Lucas Film, Ltd 797 F.2d 1504 (1986)
People vs. Tandoy 192 SCRA 98 (1990)
U.S. v. Gregorio 17 Phil. 522 (1910)
Fiscal of Pampanga v. Reyes 55 Phil 905 (1931)
Vda. De Corpus v. Brabangco (C.A) 59 O.G. 8262 (1963)
Compania Maritima v. Allied Free workers 77 SCRA 24 (1977)
Villa Rey Transit v. Ferrer 25 SCRA 845 (1968)
Michael & Co. v. Enriquez 33 Phil. 87 (1915)
De Vera v. Aguilar 218 SCRA 602 (1983)