The Philippine Rules on Electronic Evidence

Reading Assignment #9


Source:

Soriano, Jaime N. The Philippine Rules on electronic Evidence: An Outline. The Philippine IT Law Journal. retrieved September 18, 2009 from http://www.arellanolaw.net/publish/itlj-issue1_02.html


Abstract:


The article discusses court rules on electronic evidence of the Supreme court of the Philippines in accordance with e-Commerce Act of 2000. It outlines rules of legal acceptability, validity and legitimacy of recorded documents when presented in court. It poses factors to reconsider in determining evidentiary weight of electronic evidence namely;

1. Reliability of manner or method in which it was generated, stored or communicated.
   
   
2. Reliability of the manner in which the originator was identified.
   
   
3. Integrity of the information and communication system in which it is recorded or stored.
   
   
4. Familiarity of the system by the person who made the entry.
   
   
5. The nature and quality of the information that went into the communication system where the electronic document was based.
   
   
6. Other factors affecting accuracy and integrity of the electronic documents.

Lesson learned:

1. To test the authenticity of an electronic evidence, an expert must justify that the e-copy is a true copy of the original.
2. Electronic evidence alone can't be use in court. It should be supported by testimonies. It should be testified true by a person involved or a competent person like for example in presenting ephemeral electronic evidence like telephone conversations, text messages, chat sessions and other forms of communication that is not recorded or retained.
3. Video conferencing and other streaming technologies can be done in court provided that it is properly documented.


Reflection:

Reading the article reminds me of the controversial "hello Garci tape" and FPJ case. How these cases progress and died a natural death because of paucity of evidence integrity and a questionable authenticity of electronic documents presented.

As librarians (and archivists alike), it is important that we are bounded by professional ethics not by politics. In cases where we need to testify in court electronic evidence, authentic information must only presented. What is confidential must remained undisclosed unless needed by court.