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The Electronic Commerce Act (ECA)

ON

-D

ISCRIMINATION

ULE

Sec. 6.

Legal Recognition of Electronic Data Message.

Information shallNOT be denied validity or enforceability solely on the ground that it is in the formof
electronic data message purporting to give rise to such legal effect, or that it ismerely incorporated
by reference in that electronic data message.

Sec. 12.

Admissibility and Evidential Weight of Electronic Data Messagesor Electronic Documents. -

In any legal proceedings, NOTHING in theapplication of the rules on evidence shall DENY
admissibility of an electronicdata 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 the standard form.

F
UNCTIONAL

QUIVALENT

ULE

An electronic document is the functional equivalent of a paper-based document.

An electronic signature is the functional equivalent of a handwritten signature.

Sec.7.

Legal recognition of Electronic Documents.

xxx

For evidentiary purposes, an electronic document shall be the functionalequivalent of a written

document under existing laws.

Sec. 10.

Original documents. -

(1) Where the law requires information to bepresented or retained in its original form, that
requirement is met by an electronicdata message or electronic document if:(a) The integrity of the
document ... is shown by evidence

aliunde

or

otherwise,

and(b) ... the document is capable of being displayed to the person to whom it ispresented.

Sec. 8.

Legal Recognition of Electronic Signatures.

- An electronic signatureon the electronic document shall be equivalent to the signature of a person
on awritten document if the signature is an electronic signature and proved byshowing that a
prescribed procedure, not alterable by the parties interested in theelectronic document, existed ...

ECA N

OT

A
R

ULE

ON

UTOMATIC

DMISSIBILITY

Sec. 7.

x x xx x xThe Act does NOT modify any statutory rule relating to the admissibility of electronic data
messages or electronic documents, except the rules relating toauthentication and best
evidence..................................

Some basic things to remember on the REE

REE is interim in nature. Hence, it will be improved as time and experience willdictate.

REE is simplified to facilitate its application to actual court setting and to minimizeuse of technical
terms in the ECA.

Familiar terms and phrases found in the present body of law are used to themaximum.

Due to novelty and technical nature REE should not be strictly construed as to2
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unnecessarily exclude evidence and doubts should be resolved in favor

of admissibility..................................

Structure of the REE

RULE 1COVERAGE

SECTION 1.

Scope. -

Unless otherwise provided herein, these Rules shallapply whenever an electronic document or
electronic data message, as defined in Rule2, hereof, is offered or used in evidence.

Shall apply to presentation of electronic documents, audio, photographic, videoand ephemeral

evidence.SECTION 2.

Cases Covered.

- These Rules shall apply to all civil actions andproceedings, as well as quasi-judicial and
administrative cases.SECTION 3.

Application of other rules on evidence. -

In all matters notspecifically covered by these Rules, the Rules of Court and pertinent provisions
of statutes containing rules on evidence shall apply.

Suppletory application of other rules as provided in the Rules of Court (e.g.relevancy, offer of
evidence) and other Statues containing rules of evidence (e.g.Wiretapping Act (RA 4200) and Bank
Secrecy Law (RA 1405, as amended).

RULE 2DEFINITION OF TERMS AND CONSTRUCTION

SECTION 1.

Definition of Terms.
- For purposes of these Rules, the followingterms are defined, as follows:(a) "Asymmetric or public
cryptosystem" means a system capable of generatinga secure key pair, consisting of a private key for
creating a digital signature, and a publickey 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 digitalsignature which purports to confirm the
identity or other significant characteristics of theperson 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 withthe 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 atransformation
of an electronic document or an electronic data message using anasymmetric or public cryptosystem
such that a person having initial untransformedelectronic document and the signer's public key can
accurately determine:(i)Whether the transformation was created using the privatekey that
corresponds to the signer's public key; and(ii)Whether the initial electronic document had been
alteredafter the transformation was made.(f) "Digitally signed" refers to an electronic document or
electronic data messagebearing 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 3

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however represented, by which a right is established or an obligation extinguished, or bywhich a fact

may be proved and affirmed, which is received, recorded, transmitted,stored, processed, retrieved
or produced electronically. It includes digitally signeddocuments and any printout or output
readable by sight or other means, whichaccurately 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 sensitiveinformation that crosses over public channels into a form decipherable
only with amatching electronic key.(j) "Electronic signature" refers to any distinctive mark,
characteristics 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
anymethodology or procedure employed or adopted by a person and executed or adoptedby such
person with the intention of authenticating, signing, or approving an electronicdata message or
electronic document. For purposes of these Rules, an electronicsignature 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 inwhich data are recorded or stored and any procedure related to the
recording or storageof electronic data messages or electronic documents.(m)"Key Pair" in an
asymmetric cryptosystem refers to the private key and itsmathematically related public key such
that the latter can verify the digital signature thatthe 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.SECTION 2.

Construction.

- These Rules shall be liberally construed to assistthe parties in obtaining a just, expeditious, and
inexpensive determination of cases.The interpretation of these Rules shall also take into
consideration theinternational origin of Republic Act No. 8792, otherwise known as the
ElectronicCommerce Act.

The REE should be liberally construed and the international origin of the ECAshould be taken into
consideration.

Doubts should be resolved in favor of admissibility.

RULE 3ELECTRONIC 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 toinclude an electronic
document as defined in these Rules.

The Functional Equivalent Rule

The term "writing", "document", "record", "instrument", "memorandum", or anyother form of

writing under rules on evidence includes electronic document, e.g.:- Documentary evidence (Sec. 2,
Rule 130)- Best Evidence Rule (Secs. 3-4, Rule 130)- Parole Evidence Rule (Sec. 9, Rule 130)-
Interpretation of Documents (Secs. 10-19, Rule 130)- Memorandum testimony (Sec. 16, Rule 132) on
present recollectionrefreshed and past recollection recorded.- Tender of excluded evidence or Offer
of Proof (Sec. 40, Rule 132)4
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- Statute of Frauds (Art. 1403, Civil Code)- Bank Secrecy Law (RA 1405, as amended)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 relatedlaws and is authenticated in the manner prescribed by
these Rules.

Requisites for admissibility of Electronic Document

(1)Complies with the rules on admissibility, and(2)Authenticated in the manner prescribed by the
REE.SECTION 3.

Privileged Communication.

- The confidential character of aprivileged communication is not lost solely on the ground that it is in
the form of anelectronic document.

RULE 4BEST EVIDENCE RULE

SECTION 1.

Original of an Electronic Document.

- An electronic document shallbe regarded as the equivalent of an original document under the Best
Evidence Rule if itis a printout or output readable by sight or other means, shown to reflect the
dataaccurately.

Original under the Best Evidence Rule if:

(1)Any printout or other output;(2)Readable by sight or by other means; and(3)Shown to reflect the
data accuratelySECTION 2.

Copies as equivalent of the originals.

- When a document is in twoor more copies executed at or about the same time with identical
contents, or is acounterpart 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 thesame 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
thecopy in lieu of the original

Copies as originalsCopies ------>

(1)Executed at or about the same time, and(2)With identical contents

Counterparts------>

(1)Produced from 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 equivalenttechniques,
and(2)Accurately reproduces the original. e.g. scanneddocuments

Exceptions

(1)Genuine questions raised as to authenticity of original;(2)Unfair to admit the copy in lieu of

original

Addition of any

(1) endorsement, (2) authorized change, and (3) change which arisesin the normal course of (a)
Communication, (b) storage, or (c) display

does not affectthe integrity of the electronic document.

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RULE 5AUTHENTICATION OF ELECTRONIC DOCUMENTSECA prescribes modes of authentication of
electronic documents and signatures(Sec. 11)

which is technical in nature - algorithm, codes, encryptions, etc.

ECA expressly grants the Supreme Court power to modify the modes of authentication (Sec. 12).

The Supreme Court may adopt other authenticationprocedures.

SECTION 1.

Burden of proving authenticity.

- The person seeking to introducean electronic document in any legal proceeding has the burden of
proving its authenticityin the manner provided in this Rule.SECTION 2.

Manner of authentication.

- Before any private electronic documentoffered as authentic is received in evidence, its authenticity
must be proved by any of thefollowing means:(a) by evidence that it had been digitally signed by the
personpurported to have signed the same;(b) by evidence that other appropriate security
procedures or devices may be authorized by the Supreme Court or by law for authentication of
electronic documents were applied to the document; or (c) by other evidence showing its integrity
and reliability to thesatisfaction of the judge.SECTION 3.

Proof of electronically notarized document.

- A documentelectronically notarized in accordance with the rules promulgated by the Supreme

Courtshall be considered as a public document and proved as a notarial document under theRules of
Court.

ECA grants SC power to adopt electronic notarization as a mode of authentication (Sec. 11).

Proof of electronically notarized documents

(1)Must be electronically notarized in accordance with the rules to bepromulgated by the Supreme
Court.(2)If so: (a) Public document; and (b) Proved as a notarial document.

RULE 6ELECTRONIC SIGNATURES

SECTION 1.

Electronic Signature. -

An electronic signature or a digital signatureauthenticated in the manner presented hereunder is

admissible in evidence as thefunctional equivalent of the signature of a person on a written
document.

Electronic signature as the functional equivalent of handwritten signature (Sec. 1)

(1)Includes digital signature;(2)Must be authenticated in the manner prescribed by the

Rules.SECTION 2.

Authentication of electronic signatures.

- An electronic signaturemay be authenticated in any of the following manner:(a) By evidence that a
method or process was utilized to establisha digital signature and verify the same;(b) By any other
means provided by law; or (c) By any other means satisfactory to the judge as establishingthe
genuineness of the electronic signature.SECTION 3.

Disputable presumptions relating to electronic signatures.

- Uponthe authentication of an electronic signature, it shall be presumed that:6

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(a)The electronic signature is that of the person to whom itcorrelates;(b)The electronic signature
was affixed by that person withthe intention of authentication or approving the electronic document
towhich it is related or to indicate such person's consent to the transactionembodied therein; and(c)
The methods or processes utilized to affix or verify theelectronic signature operated without error or
fault.SECTION 4.

Disputable presumptions relating to digital signatures.

- Upon theauthentication of a digital signature, it shall be presumed, in addition to those

mentionedin the immediately preceding section that:(a)The information contained in a certificate is
correct;(b)The digital signature was created during the operationalperiod of a certificate;(c)No cause
exists to render a certificate invalid or revocable;(d)The message associated with a digital signature
has notbeen altered from the time it was signed; and(e)A certificate had been issued by the
certification authorityindicated therein.

RULE 7EVIDENTIARY WEIGHT OF ELECTRONIC DOCUMENTS

SECTION 1.

Factors for assessing evidentiary weight.

- In assessing theevidentiary weight of an electronic document, the following factors may be

considered:(a)The reliability of the manner or method in which it wasgenerated, stored, or
communicated, including but not limited to input or output procedures, controls, tests and checks
for accuracy and reliabilityof the electronic data message or document in the light of all
thecircumstances as well as any relevant agreement;(b)The reliability of the manner in which its
originator wasidentified;(c)The integrity of the information and communication systemin which it is
recorded or stored, including but not limited to the hardwareand computer programs or software as
well as programming errors;(d) The familiarity of the witness or the person who made theentry with
the communication and information system;(e) The nature and quality of the information which
went intothe communication and information system upon which the electronicdata message or
electronic document was based; or (f) Other factors which the court may consider as affecting
theaccuracy or integrity of the electronic document or electronic datamessage.SECTION 2.

Integrity of an information and communication system.

- In anydispute involving the integrity of the information and communication system in which
anelectronic document or electronic data message is recorded or stored, the court mayconsider,
among others, the following factors:(a)Whether the information and communication system
or other similar device was operated in a manner that did not affect theintegrity of the electronic
document, and there are no other reasonablegrounds to doubt the integrity of the information and
communicationsystem;(b)Whether the electronic document was recorded or storedby a party to the
proceedings with interest adverse to that of the partyusing it; or (c)Whether the electronic
document was recorded or storedin the usual and ordinary course of business by a person who is
not aparty to the proceedings and who did not act under the control of theparty using it.7

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RULE 8BUSINESS RECORDS AS EXCEPTION TO THE HEARSAY RULE

SECTION 1.

Inapplicability of the hearsay rule.

- A memorandum, report, recordor data compilation of acts, events, conditions, opinions, or

diagnoses, made byelectronic, optical or other similar means at or near the time of or from
transmission or supply of information by a person with knowledge thereof, and kept in the regular
courseor conduct of a business activity, and such was the regular practice to make
thememorandum, report, record, or data compilation by electronic, optical, or similar means,all of
which are shown by the testimony of the custodian or other qualified witnesses, isexcepted from the
rule on hearsay evidence.

Requisites to qualify as exception to the hearsay rule:

(1)Memorandum, report, record, or data compilation of - acts, events, conditions, opinion, or

diagnoses(2)Made by- electronic, optical, or optical means(3)At or near the time of or from
transmission or supply of information(a) by a person with knowledge thereof,(b) kept in the regular
course or conduct of a business activity, and(c) such was the regular practice of that business
activity- to make the memorandum, report, record, or data compilation- by electronic, optical, or
similar means

How to Prove - by testimony of:

(1)Custodian(2)Other qualified witness- Entrant or preparer of record need not testifySECTION 2.

Overcoming the presumption.

- The presumption provided for inSection 1 of this Rule may be overcome by evidence of the
untrustworthiness of thesource of information or the method or circumstances of the preparation,
transmission or storage thereof.

Inapplicability of business records exception

Untrustworthiness of:(1) Source of information(2) Method of circumstances of (a) Preparation(b)

Transmission(c) Storage

Changes from the current business record exception

(1) Entrant need not be deceased or unable to testify (

cf

Sec. 43, Rule 130)(2) Entrant need not have personal knowledge (

cf Cangue v. CA, 305 SCRA 579 (1999);Philamlife v. Capital Assurance Corp, [CA] 72 OG 349 [1975]).

RULE 9METHOD OF PROOF

SECTION 1.

Affidavit of evidence.

- All matters relating to the admissibility andevidentiary weight of an electronic document may be
established by an affidavit statingfacts of direct personal knowledge of the affiant or based on
authentic records. Theaffidavit must affirmatively show the competence of the affiant to testify on
the matterscontained therein.

Affidavit evidence

Requisites for admissibility; and8

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Evidential weight of electronic document (Sec. 1)SECTION 2.

Cross examination of deponent. -

The affiant shall be made toaffirm the contents of the affidavit in open court and may be cross-
examined as a matter of right by the adverse party.

Cross-examination

Affiant shall be made to affirm the contents of the affidavit in open court;

May be cross-examined by adverse party (Sec. 2)

RULE 10EXAMINATION OF WITNESSES

SECTION 1.

Electronic testimony.

- After summarily hearing the partiespursuant to Rule 9 of these Rules, the court may authorize the
presentation of testimonial evidence by electronic means. Before so authorizing, the court
shalldetermine the necessity for such presentation and prescribe terms and conditions asmay be
necessary under the circumstances, including the protection of the rights of theparties and
witnesses concerned.

Electronic testimony
Summary hearing through affidavit testimony subject to cross examinationpursuant to Rule 9;

Necessity of presentation of testimonial evidence by electronic means;

Terms and conditions as may be necessary under the circumstances, includingthe protection of the
rights of the witnesses concerned.SECTION 2.

Transcript of electronic testimony.

- When examination of awitness is done electronically, the entire proceedings, including the
questions andanswers, shall be transcribed by a stenographer, stenotypist, or other
recorder authorized for the purpose who shall certify as correct the transcript done by him.
Thetranscript should reflect the fact that the proceedings, either in whole or in part, had
beenelectronically recorded.

Transcript of electronic testimony

Entire proceedings shall be transcribed;

Transcript should reflect the fact that the proceedings, either in whole or in part,had been
electronically recordedSECTION 3.

Storage of electronic evidence. -

The electronic evidence andrecording thereof as well as the stenographic notes shall form part of
the record of thecase. Such transcript and recording shall be deemed

prima facie

evidence of suchproceedings.

Storage of electronic evidence

Constitute part of the records of the case

Deemed prima facie evidence of proceedings

RULE 11AUDIO, PHOTOGRAPHIC, VIDEO, AND EPHEMERAL EVIDENCE

SECTION 1.

Audio, video, and similar evidence. -

Audio, photographic, andvideo evidence of events, acts, or transactions shall be admissible provided
it shall beshown, presented or displayed to the court and shall be identified, explained,
or authenticated by the person who made the recording or by some other personcompetent to
testify on the accuracy thereof.SECTION 2.

Ephemeral electronic communication.

- Ephemeral electronic9

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communications shall be proven by the testimony of a person who was a party to thesame or has
personal knowledge thereof. In the absence or unavailability of suchwitnesses, other competent
evidence may be admitted.A recording of the telephone conversation or ephemeral
electroniccommunication shall be covered by the immediately preceding section.If the foregoing
communications are recorded or embodied in an electronicdocument, then the provisions of Rule 5
shall apply.

RULE 12EFFECTIVITY

SECTION 1.

Applicability to pending cases.

- These Rules shall apply to casespending after their effectivity.SECTION 2.

Effectivity.

- These Rules shall take effect on the first day of August 2001 following their publication before the
20th July 2001 in two newspapers of general circulation in the Philippines.