Electronic Evidence in Connection To BWC FINALS
Electronic Evidence in Connection To BWC FINALS
2. CIVIL ACTIONS
3. QUASI – JUDICIAL
4. ADMINISTRATIVE PROCEEDINGS
R.A. 8792 (Electronic Commerce Act ) gave recognition to the admissibility of
electronic documents and electronic data messages as evidence. The law says that
“for evidentiary purposes, an electronic document shall be the functional
equivalent of a written document under existing laws:
The interpretation of the Rules shall also take into consideration the
international origin of Republic Act No. 8792, otherwise known as the Electronic
Commerce Act. [Sec. 2]
The rule was formerly known as the BEST EVIDENCE RULE prior
to the 2020 amendments. The 2020 amendments have adopted
the more precise term as “ORIGINAL DOCUMENT RULE”.
Electronic also means Digital
Data also means information
1) To establish a right; or
2) To extinguish an obligation; or
RULE 5 OF EER:
WHAT IS THE REQUISITES FOR THE
ADMISSIBILITY OF ELECTRONIC
EVIDENCE?
Section 2. Admissibility. – An electronic document is admissible in
evidence if:
The Fruit of the Poisonous Doctrine- states that all evidence (the
fruit) derived from an illegal search (the poisonous tree) must be
suppressed, whether it was obtained directly through the illegal search
itself or indirectly using information obtained in the illegal search.
Text messages
On the way to the police station, an attempted robbery in a store ensued to which the
officers responded. PO2 Pangilinan shot it out with the suspected robbers, shot one
suspect dead, and hit the other who still managed to escape. However, someone fired
at PO2 Pangilinan causing his death.
Suspecting that accused Enojas was involved in the attempted robbery, they searched
the abandoned taxi and found a mobile phone. P/Ins. Torred instructed PO3 Joel
Cambi (PO3 Cambi) to monitor its incoming messages.
PO3 Cambi and PO2 Rosarito testified that they monitored the
messages in accused Enojas’mobile phone and, posing as
Enojas, communicated with the other accused. The police then
conducted an entrapment operation that resulted in the arrest
of accused Santos and Jalandoni. Enojas and Gomez. The
prosecution presented the transcripts of the mobile phone text
messages and some of his co-accused.