A.M. No.

01-7-01-SC
Re: Rules on Electronic
Evidence
RULES ON ELECTRONIC EVIDENCE
RULE 1 COVERAGE
RULE 2 - DEFINITION OF TERMS AND CONSTRUCTION
RULE 3 - ELECTRONIC DOCUMENTS
RULE 4 - BEST EVIDENCE RULE
RULE 5 - AUTHENTICATION OF ELECTRONIC DOCUMENTS
RULE 6 - ELECTRONIC SIGNATURES
RULE 7 - EVIDENTIARY WEIGHT OF ELECTRONIC DOCUMENTS
RULE 8 - BUSINESS RECORDS AS EXCEPTION TO THE HEARSAY RULE
RULE 9 - METHOD OF PROOF
RULE 10 - EXAMINATION OF WITNESSES
RULE 11 - AUDIO, PHOTOGRAPHIC. VIDEO AND EPHEMERAL EVIDENCE
RULE 12 - EFFECTIVITY
Application of the Rules on
Electronic Evidence
 The application of the rules on evidence in the Rules of Court
contrasts with the application of the Rules on Electronic Evidence. The
definition of evidence under the Rules of Court makes reference only
to judicial proceedings, while the provisions of the Rules on Electronic
Evidence apply as well to quasi-judicial and administrative cases.
Sec.1, Rule 128 of the Rules of Court

SECTION 1. Evidence defined. Evidence is the

means, sanctioned by these rules, of ascertaining in a
judicial proceeding the truth respecting a matter of
fact.
Sec. 2, Rule 1 of the Rules on Electronic
Evidence

SECTION. 2. Cases covered. - These Rules shall apply to

all civil actions and proceedings, as well as quasi-
judicial and administrative cases.
 It was previously held that the provisions of the Rules on
Electronic Evidence do not apply to criminal actions. They apply only to
civil actions, quasi-judicial proceedings, and administrative proceedings
(Ang v. Court of Appeals, G.R. No. 182835, April 20, 2010). However, in
People vs. Enojas, G.R. No. 204894, March 10, 2014, the Rules on
Electronic Evidence was applied. The RTC admitted text messages
against the accused in conformity with the Courts earlier resolution
(A.M. No. 01-7-01 SC, September 24, 2012) expanding the coverage of
said rules to criminal cases as well. No reference to this resolution,
amending the coverage of the Rules on Electronic Evidence, was
mentioned in the earlier case of Ang v. Court of Appeals.
 Ephemeral communications are now admissible evidence, subject to
certain conditions. Ephemeral electronic communication refers to
telephone conversations, text messages, chatroom sessions, streaming
audio, streaming video, and other forms of communication the evidence of
which is not recorded or retained. (Bartolome v. Maranan, 740 SCRA 491).
Competence of electronic evidence
Electronic evidence is competent evidence and is admissible if it
complies with the rules on admissibility prescribed by the Rules of Court
and related laws, and is authenticated in the manner prescribed by the
Rules on Electronic Evidence (Sec.2, Rule 3, Rules on Electronic
Evidence).
Rule 1
SEC. 3. Application of the other rules on evidence. - In all
matters not specifically covered by these Rules, the Rules of
Court and pertinent provisions of statutes containing rules
on evidence shall apply.
Rule 3
SEC. 3. Privileged communication. The confidential
character of a privileged communications is not solely on the
ground that it is in the form of an electronic document.
Rule 4
SECTION 1. Original of an electronic document. An
electronic document shall be regarded as the equivalent of
an original document under the Best Evidence Rule if it is a
printout or output readable by sight or other means, shown
to reflect the data accurately.
Rule 5
SEC. 2. Manner of authentication. Before any private electronic
document offered as authentic is received in evidence, its
authenticity must be proved by any of the following means:
(a) by evidence that it had been digitally signed by the person
purported to have signed the same; (b) by evidence that other
appropriate security procedures or devices as 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 the
satisfaction of the judge.
Rule 8
SECTION 1. Inapplicability of the hearsay rule. A memorandum,
report, record or data compilation of acts, events, conditions,
opinions, or diagnoses, made by electronic, 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 course or conduct of a business activity, and such was the
regular practice ot make the memorandum, 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,
is excepted from the rule or hearsay evidence.
Rule 11
SECTION 1. Audio, video and similar evidence. Audio,
photographic and video evidence of events, acts or
transactions shall be admissible provided is shall be shown,
presented or displayed to the court and shall be identified,
explained or authenticated by the person who made the
recording or by some other person competent to testify on
the accuracy thereof.
Rule 11
SEC. 2. Ephemeral electronic communication. Ephemeral electronic
communications shall be proven by the testimony of a person who
was a party to the same or has personal knowledge thereof. In the
absence or unavailability of such witnesses, other competent
evidence may be admitted.
A recording of the telephone conversation or ephemeral electronic
communication shall be covered by the immediately preceding
section.
If the foregoing communications are recorded or embodied in an
electronic document, then the provisions of Rule 5 shall apply.