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Electronic Evidence in Connection To BWC FINALS

The document discusses the rules on electronic evidence in the Philippines. It covers the scope and applicability of the electronic evidence rule, definitions, methods of authentication, admissibility requirements, and cases where electronic evidence such as text messages have been admitted. It also discusses provisions on documentary evidence, the original document rule, and authentication of electronic documents.

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Jan Karlo Bricia
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0% found this document useful (0 votes)
15 views24 pages

Electronic Evidence in Connection To BWC FINALS

The document discusses the rules on electronic evidence in the Philippines. It covers the scope and applicability of the electronic evidence rule, definitions, methods of authentication, admissibility requirements, and cases where electronic evidence such as text messages have been admitted. It also discusses provisions on documentary evidence, the original document rule, and authentication of electronic documents.

Uploaded by

Jan Karlo Bricia
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ELECTRONIC EVIDENCE RULE

Rule 11 (AM 01-7-01-SC)


IN CONNECTION TO THE “ USE OF BODY-
WORN CAMERAS IN THE EXECUTION OF
WARRANTS
A.M. No. 21 – 06 - 08 - SC
THE RULES ON ELECTRONIC EVIDENCE A.M. No. 01-7-01-
SC

Effective August 1, 2001

Scope: Unless otherwise provided in this Rule, it shall apply


whenever an electronic document or electronic data
message is offered or used in evidence.
WHAT ARE THE CASES COVERED BY THE RULES ON
ELECTRONIC EVIDENCE?
The Rules shall apply to ALL :

1. ALL CRIMINAL ACTIONS

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 on E-Evidence shall be liberally construed

To be admissible must maintain its integrity, reliability and must


be capable of being authenticated.
Whenever an electronic document or electronic data
message is offered or used in evidence [Rule 1, Sec. 1] of EER

The Rules of Evidence in the Rules of Court will suppletory


apply to the Rules on Electronic Evidence in matters not
specifically covered by the latter.
PROVISIONS OF THE RULES ON
EVIDENCE IN CONNECTION TO
ELECTRONIC EVIDENCE RULE
DOCUMENTARY EVIDENCE UNDER RULE 130, SEC.
2 OF THE REVISED RULES ON EVIDENCE 2020
DOCUMENTARY EVIDENCE consists of WRITINGS,
RECORDINGS, PHOTOGRAPHS, or ANY material containing
letters, symbols, words, sounds, numbers, figures, or their
equivalent, or other modes of expression, OFFERED AS PROOF
OF THEIR CONTENTS.

PHOTOGRAPHS include PICTURES, DRAWINGS, STORED


IMAGES, X–RAY FILMS, MOTION PICTURES, OR VIDEOS.
ORIGINAL DOCUMENT RULE OR (THE BEST EVIDENCE
RULE )
The Original Document rule provides that when the subject of
the inquiry is the CONTENTS OF THE DOCUMENT, WRITING,
RECORDING, PHOTOGRAPH, or other record, NO EVIDENCE is
admissible other than the original document itself. ( S3 R130 As
amended by the 2020 amendments of the Rules on Evidence )

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

Electronic evidence is information stored in electronic


form that is relevant to the issues in a particular litigation.

It is any information generated, stored, or transmitted in


digital form that may later be needed to prove or
disprove a fact disputed in legal proceedings.
Definitions under the electronic evidence rule

Electronic Document/evidence – 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.
An electronic document 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". [Sec. 1(h)] of EER

It includes audio, video, photos, and ephemeral transmissions [Rule


11 of EER]
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.

A recording of the telephone conversation or ephemeral


electronic communication may be offered as ephemeral
evidence in the same way as in presenting audio,
photographic, or video evidence to the court.
Electronic document/evidence is one that may
be used for any of the following purposes

1) To establish a right; or

2) To extinguish an obligation; or

3) To prove or affirm a fact.


AUTHENTICATION OF ELECTRONIC DOCUMENTS

Section 1. The burden of proving authenticity. – The person seeking


to introduce an electronic document in any legal proceeding has the
burden of proving its authenticity in the manner provided in this
Rule.

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:

1) it complies with the rules on admissibility prescribed by the Rules of Court


and

2) related laws and is authenticated in the manner prescribed by these


Rules.

Rule 3, Sec. 2 of EER


METHOD OF PROOF
As provided by Rule 9, Sec. 1 and 2 of EER

Section 1. Affidavit of evidence - All matters relating to the admissibility and


evidentiary weight 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 affirmatively show the competence
of the affiant to testify on the matters contained therein.

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.
RULE 11: AUDIO, PHOTOGRAPHIC, VIDEO AND EPHEMERAL EVIDENCE OF ELECTRONIC
EVIDENCE RULE

Section 1. Audio, video, and similar evidence. – Audio,


photographic, and video evidence of events, acts, or transactions
shall be admissible provided :
1. it shall be shown, presented, or displayed to the court and
2. shall be identified, explained, or
3. authenticated
by the person who made the recording or by some other person
competent to testify on the accuracy thereof.
AUDIO, PHOTOGRAPHIC, VIDEO, AND
EPHEMERAL EVIDENCE [Rule 11] Sec. 2

Ephemeral electronic communications shall be proven by the


testimony of a :

 1. a person who was a party to the same or has personal


knowledge thereof. In the absence or unavailability of such
witnesses,

2. other competent evidence may be admitted.


EXCLUSIONARY RULE: Evidence obtained in violation of a
defendant’s constitutional rights must be suppressed from the
government’s case in chief.

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

have been classified as ephemeral electronic communication and


shall be proven by the testimony of a person who was a party to the
same or has personal knowledge thereof
People v. Enojas, et al., G.R. No. 204895, March 10, 2014
PO2 Gregorio testified that he and PO2 Pangilinan spotted a taxi that was
suspiciously parked, approached it, and asked the driver Enojas for his documents.
Having doubts regarding the veracity of the documents shown them, they asked him
to come with them to the police station for further questioning.

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.

Enojas, along with several other defendants, was charged with


murder in 2006 before the Las Pinas Regional Trial Court. The
Court of Appeals dismissed the appeal and affirmed the
conviction. The accused then appealed to the Supreme Court.
YES, THE TEXT MESSAGES ARE ADMISSIBLE.

As to the admissibility of the text messages. The Regional Trial Court


admitted them in conformity with the court’s earlier Resolution
applying the rules on Electronic Evidence to Criminal Actions.

Text messages are to be proved by the testimony of a person who was


a party to the same or has personal knowledge of them.

Here, PO3 Cambi, posing as the accused Enojas, exchanged text


messages with the other accused in order to identify and entrap
them. As the recipient of those messages sent from and to the mobile
phone in his possession. PO3 Cambi HAD PERSONAL KNOWLEDGE
of such messages and was competent to testify on them.
Thank You

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