rules on electronic evidence(rules 1&2)

8/3/2019 Rules on Electronic Evidence(Rules 1&2)

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A.M. No. 01-7-01-SC


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SCOPE [Sec. 1]

Unless otherwise provided herein,these Rules shall apply whenever anelectronic document or electronic data

message, as defined in Rule 2 hereof,is offered or used in evidence.


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EVIDENCE COVERED BY THE REE[R2,S1;R11,SS1-2,REE]

1) Electronic document;2) Electronic data message;3) Audio recording;4) Photograph Video recording; and5) Ephemeral evidence


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CASES COVERED [Sec. 2]

1) All civil actions andproceedings;

2) Quasi-judicial ; and

3) Administrative cases.


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APPLICATION OF OTHER RULES ONEVIDENCE [Sec. 3]

Rules of Court

relevancy

offer of evidence

Other Statutes containing rules on evidence

Wire Tapping Act ( RA 4200) Bank Secrecy Law ( RA 1405, as

amended)


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DEFINITION OF TERMS [Sec.1]

(a) Asymmetric or public cryptosystem

means a system capable of generating asecure key pair, consisting of a private keyfor creating a digital signature, and apublic key for verifying the digitalsignature.


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e.g. Encrypted Message sent by DS to RP underPKI Maintained by CA

(private key for

encryption)

(public key for

decryption)

DS CA Software R/RP


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(b) Business records

include records of any business,institution, association, profession,occupation, and calling of every kind,whether or not conducted for profit, or forlegitimate or illegitimate purposes.


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(c) Certificate

means an electronic document issued tosupport a digital signature which purportsto confirm the identity or other significantcharacteristics of the person who holds aparticular key pair.


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(d) Computer

refers to any single or interconnected device

or apparatus, which, by electronic, electro-mechanical or magnetic impulse, or by othermeans with the same function, can receive,record, transmit, store, process, correlate,analyze, project, retrieve and/or produceinformation, data, text, graphics, figures,voice, video, symbols or other modes ofexpression or perform any one or more ofthese functions.


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(e)Digital Signature

refers to an electronic signature consistingof a transformation of an electronicdocument or an electronic data messageusing an asymmetric or public

cryptosystem such that a person havingthe initial untransformed electronicdocument and the signers public key canaccurately determine:


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(i) whether the transformation was

created using the private key thatcorresponds to the signers public key; and,

(ii) whether the initial electronicdocument had been altered after thetransformation was made.


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(f) Digitally signed

refers to an electronic document orelectronic data message bearing a digitalsignature verified by the public key listedin a certificate.


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(g) Electronic data message

refers to information generated, sent,received or stored by electronic, optical orsimilar means.


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(h) Electronic documentrefers to information or the representation ofinformation, data, figures, symbols or other

modes of written expression, described orhowever represented, by which a right isestablished or an obligation extinguished, orby which a fact may be proved and

affirmed, which is received, recorded,transmitted, stored, processed, retrievedor produced electronically.


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PURPOSES FOR THE USE OF ELECTRONICDOCUMENT

1) To establish a right;2) To extinguish an obligation; or3) To prove or affirm a fact


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(i) Electronic key

refers to a secret code which secures anddefends sensitive information that crossesover public channels into a formdecipherable only with a matchingelectronic key.


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(j) Electronic signaturerefers to any distinctive mark, characteristicand/or sound in electronic form, representing

the identity of a person and attached to orlogically associated with the electronic datamessage or electronic document or anymethodology or procedure employed oradopted by a person and executed oradopted by such person with the intention ofauthenticating, signing or approving anelectronic data message or electronicdocument.


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(k) Ephemeral electronic communication

refers to telephone conversations, textmessages, chatroom sessions, streamingaudio, streaming video, and otherelectronic forms of communication theevidence of which is not recorded orretained.


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(l) Information and Communication Systemrefers to a system for generating, sending,receiving, storing or otherwise processingelectronic data messages or electronicdocuments and includes the computersystem or other similar devices by or in

which data are recorded or stored and anyprocedure related to the recording orstorage of electronic data messages orelectronic documents.


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(m) Key Pair in an asymmetriccryptosystem

refers to the private key and itsmathematically related public key suchthat the latter can verify the digitalsignature that the former creates.


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(n) Private Key

refers to the key of a key pair used tocreate a digital signature.


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(o) Public Key

refers to the key of a key pair used to verifya digital signature.


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CONSTRUCTION [Sec. 2]

liberally construed and the internationalorigin of the ECA should be taken intoconsideration

doubts should be resolved in favor ofadmissibility

rules on electronic evidence(rules 1&2)

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