Flowchart On Rules On Electronic Evidence.docx

Adrian Jonas Tagacay 11688017 Flowchart on Rules on Electronic Evidence (A.M. No. 01-7-01SC) STEP 1: Determine if the evidence offered or used in the case is an electronic data message Electronic Data Message, defined – information generated, sent, received or stored by electronic, optical or similar means. Applicability: - Whenever an electronic data message is offered or used in evidence, the Rules on Electronic Evidence apply unless otherwise provided. - All civil actions and proceedings as well as quasi-judicial and administrative cases. - It may also be applied in Criminal Cases (People v Enojas) Electronic Data Message v Electronic Document - Evident from the law, is the legislative intent to give the two terms the same construction (MCC v Ssangyong Corporation) Admissibility: - The Rules on Electronic Evidence regards an electronic document as admissible in evidence if: 1. It complies with the rules on admissibility prescribed by the Rules of Court and related laws; and 2. Is authenticated in the manner prescribed by law

Manner of Authentication of an Electronic Document 1. By evidence that it has been digitally signed by the person purported to have signed the same; 2. BY evidence that other appropriate security procedures or devices as may be authorized by the Supreme Court or by law for the authentication of electronic documents were applied to the document; 3. By other evidence showing its integrity and reliability to the satisfaction of the judge Manner of Authentication of an Electronic Signature 1. By evidence that a method or process was utilized to establish a digital signature and verify the same; 2. By any other means provided by law; 3. By any other means satisfactory to the judge as establishing the genuineness of the electronic signature.