Republic of the Philippines Section 1. Scope.

– Unless otherwise provided herein,

SUPREME COURT these Rules shall apply whenever an electronic
Manila document or electronic data message, as defined in
Rule 2 hereof, is offered or used in evidence.
A.M. No. 01-7-01-SC July 17, 2001
Section 2. Cases covered. – These Rules shall apply to
RULES ON ELECTRONIC EVIDENCE all civil actions and proceedings, as well as quasi-
judicial and administrative cases.
Acting on the Memorandum dated 18 June 2001 of
the Committee on the Revision of the Rules of Court Section 3. Application of other rules on evidence. – In
to Draft the Rules on E-Commerce Law [R.A. No. all matters not specifically covered by these Rules, the
8792] submitting the Rules on Electronic Evidence Rules of Court and pertinent provisions of statutes
for this Court's consideration and approval, the Court containing rules on evidence shall apply.
Resolved to APPROVED the same.
Rule 2
The Rules on Electronic Evidence shall apply to cases DEFINITION OF TERMS AND CONSTRUCTION
pending after their effectivity. These Rules shall take
effect on the first day of August 2001 following their Section 1. Definition of terms. – For purposes of these
publication before the 20th of July in two newspapers Rules, the following terms are defined, as follows:
of general circulation in the Philippines

17th July 2001. (a) "Asymmetric or public cryptosystem" means a

system capable of generating a secure key pair,
consisting of a private key for creating a digital
RULES ON ELECTRONIC EVIDENCE signature, and a public key for verifying the digital
signature.
Rule 1
COVERAGE (b) "Business records" include records of any
business, institution, association, profession,

1
occupation, and calling of every kind, whether or not i. whether the transformation was created using the
conducted for profit, or for legitimate or illegitimate private key that corresponds to the signer's public
purposes. key; and

(c) "Certificate" means an electronic document issued ii. whether the initial electronic document had been
to support a digital signature which purports to altered after the transformation was made.
confirm the identity or other significant
characteristics of the person who holds a particular (f) "Digitally signed" refers to an electronic document
key pair. or electronic data message bearing a digital signature
verified by the public key listed in a certificate.
(d) "Computer" refers to any single or interconnected
device or apparatus, which, by electronic, electro- (g) "Electronic data message" refers to information
mechanical or magnetic impulse, or by other means generated, sent, received or stored by electronic,
with the same function, can receive, record, transmit, optical or similar means.
store, process, correlate, analyze, project, retrieve
and/or produce information, data, text, graphics, (h) "Electronic document" refers to information or
figures, voice, video, symbols or other modes of the representation of information, data, figures,
expression or perform any one or more of these symbols or other modes of written expression,
functions. described or however represented, by which a right is
established or an obligation extinguished, or by which
(e) "Digital signature" refers to an electronic a fact may be proved and affirmed, which is received,
signature consisting of a transformation of an recorded, transmitted, stored, processed, retrieved or
electronic document or an electronic data message produced electronically. It includes digitally signed
using an asymmetric or public cryptosystem such documents and any print-out or output, readable by
that a person having the initial untransformed sight or other means, which accurately reflects the
electronic document and the signer's public key can electronic data message or electronic document. For
accurately determine: purposes of these Rules, the term "electronic
document" may be used interchangeably with
"electronic data message".

2
 are recorded or stored and any procedure related to
(i) "Electronic key" refers to a secret code which the recording or storage of electronic data messages
secures and defends sensitive information that or electronic documents.
crosses over public channels into a form decipherable
only with a matching electronic key. (m) "Key pair" in an asymmetric cryptosystem refers
to the private key and its mathematically related
(j) "Electronic signature" refers to any distinctive public key such that the latter can verify the digital
mark, characteristic and/or sound in electronic form, signature that the former creates.
representing the identity of a person and attached to
or logically associated with the electronic data (n) "Private key" refers to the key of a key pair used to
message or electronic document or any methodology create a digital signature.
or procedure employed or adopted by a person and
executed or adopted by such person with the (o) "Public key" refers to the key of a key pair used to
intention of authenticating, signing or approving an verify a digital signature.
electronic data message or electronic document. For
purposes of these Rules, an electronic signature Section 2. Construction. – These Rules shall be
includes digital signatures. liberally construed to assist the parties in obtaining a
just, expeditious, and inexpensive determination of
(k) "Ephemeral electronic communication" refers to cases.
telephone conversations, text messages, chatroom
sessions, streaming audio, streaming video, and other The interpretation of these Rules shall also take into
electronic forms of communication the evidence of consideration the international origin of Republic Act
which is not recorded or retained. No. 8792, otherwise known as the Electronic
Commerce Act.
(l) "Information and communication system" refers to
a system for generating, sending, receiving, storing or Rule 3
otherwise processing electronic data messages or ELECTRONIC DOCUMENTS
electronic documents and includes the computer
system or other similar devices by or in which data

3
Section 1. Electronic documents as functional Section 2. Copies as equivalent of the originals. –
equivalent of paper-based documents. – Whenever a When a document is in two or more copies executed
rule of evidence refers to the term writing, document, at or about the same time with identical contents, or
record, instrument, memorandum or any other form is a counterpart produced by the same impression as
of writing, such term shall be deemed to include an the original, or from the same matrix, or by
electronic document as defined in these Rules. mechanical or electronic re-recording, or by chemical
reproduction, or by other equivalent techniques
Section 2. Admissibility. – An electronic document is which accurately reproduces the original, such copies
admissible in evidence if it complies with the rules on or duplicates shall be regarded as the equivalent of
admissibility prescribed by the Rules of Court and the original.
related laws and is authenticated in the manner
prescribed by these Rules. Notwithstanding the foregoing, copies or duplicates
shall not be admissible to the same extent as the
Section 3. Privileged communication. – The original if:
confidential character of a privileged communication
is not lost solely on the ground that it is in the form of (a) a genuine question is raised as to the authenticity
an electronic document. of the original; or

Rule 4 (b) in the circumstances it would be unjust or

BEST EVIDENCE RULE inequitable to admit the copy in lieu of the original.

Section 1. Original of an electronic document. – An Rule 5

electronic document shall be regarded as the AUTHENTICATION OF ELECTRONIC DOCUMENTS
equivalent of an original document under the Best
Evidence Rule if it is a printout or output readable by Section 1. Burden of proving authenticity. – The
sight or other means, shown to reflect the data person seeking to introduce an electronic document
accurately. in any legal proceeding has the burden of proving its
authenticity in the manner provided in this Rule.

4
Section 2. Manner of authentication. – Before any evidence as the functional equivalent of the signature
private electronic document offered as authentic is of a person on a written document.
received in evidence, its authenticity must be proved
by any of the following means: Section 2. Authentication of electronic signatures. –
An electronic signature may be authenticated in any
(a) by evidence that it had been digitally signed by the of the following manner:
person purported to have signed the same;
(a) By evidence that a method or process was utilized
(b) by evidence that other appropriate security to establish a digital signature and verify the same;
procedures or devices as may be authorized by the
Supreme Court or by law for authentication of (b) By any other means provided by law; or
electronic documents were applied to the document;
or (c) By any other means satisfactory to the judge as
establishing the genuineness of the electronic
(c) by other evidence showing its integrity and signature.
reliability to the satisfaction of the judge.
Section 3. Disputable presumptions relating to
Section 3. Proof of electronically notarized document. electronic signatures. – Upon the authentication of an
– A document electronically notarized in accordance electronic signature, it shall be presumed that:
with the rules promulgated by the Supreme Court
shall be considered as a public document and proved (a) The electronic signature is that of the person to
as a notarial document under the Rules of Court. whom it correlates;

Rule 6 (b) The electronic signature was affixed by that

ELECTRONIC SIGNATURES person with the intention of authenticating or
approving the electronic document to which it is
Section 1. Electronic signature. – An electronic related or to indicate such person's consent to the
signature or a digital signature authenticated in the transaction embodied therein; and
manner prescribed hereunder is admissible in

5
(c) The methods or processes utilized to affix or Section 1. Factors for assessing evidentiary weight. –
verify the electronic signature operated without error In assessing the evidentiary weight of an electronic
or fault. document, the following factors may be considered:

Section 4. Disputable presumptions relating to digital (a) The reliability of the manner or method in which
signatures. – Upon the authentication of a digital it was generated, stored or communicated, including
signature, it shall be presumed, in addition to those but not limited to input and output procedures,
mentioned in the immediately preceding section, controls, tests and checks for accuracy and reliability
that: of the electronic data message or document, in the
light of all the circumstances as well as any relevant
(a) The information contained in a certificate is agreement;
correct;
(b) The reliability of the manner in which its
(b) The digital signature was created during the originator was identified;
operational period of a certificate;
(c) The integrity of the information and
(c) No cause exists to render a certificate invalid or communication system in which it is recorded or
revocable; stored, including but not limited to the hardware and
computer programs or software used as well as
(d) The message associated with a digital signature programming errors;
has not been altered from the time it was signed; and,
(d) The familiarity of the witness or the person who
(e) A certificate had been issued by the certification made the entry with the communication and
authority indicated therein. information system;

Rule 7 (e) The nature and quality of the information which

EVIDENTIARY WEIGHT OF ELECTRONIC went into the communication and information system
DOCUMENTS upon which the electronic data message or electronic
document was based; or

6
 Rule 8
(f) Other factors which the court may consider as BUSINESS RECORDS AS EXCEPTION TO THE
affecting the accuracy or integrity of the electronic HEARSAY RULE
document or electronic data message.
Section 1. Inapplicability of the hearsay rule. – A
Section 2. Integrity of an information and memorandum, report, record or data compilation of
communication system. – In any dispute involving the acts, events, conditions, opinions, or diagnoses, made
integrity of the information and communication by electronic, optical or other similar means at or
system in which an electronic document or electronic near the time of or from transmission or supply of
data message is recorded or stored, the court may information by a person with knowledge thereof, and
consider, among others, the following factors: kept in the regular course or conduct of a business
activity, and such was the regular practice to make the
(a) Whether the information and communication memorandum, report, record, or data compilation by
system or other similar device was operated in a electronic, optical or similar means, all of which are
manner that did not affect the integrity of the shown by the testimony of the custodian or other
electronic document, and there are no other qualified witnesses, is excepted from the rule on
reasonable grounds to doubt the integrity of the hearsay evidence.
information and communication system;
Section 2. Overcoming the presumption. – The
(b) Whether the electronic document was recorded presumption provided for in Section 1 of this Rule
or stored by a party to the proceedings with interest may be overcome by evidence of the
adverse to that of the party using it; or untrustworthiness of the source of information or the
method or circumstances of the preparation,
(c) Whether the electronic document was recorded or transmission or storage thereof.
stored in the usual and ordinary course of business
by a person who is not a party to the proceedings and Rule 9
who did not act under the control of the party using METHOD OF PROOF
it.

7
Section 1. Affidavit evidence. – All matters relating to answers, shall be transcribed by a stenographer,
the admissibility and evidentiary weight of an stenotypist or other recorder authorized for the
electronic document may be established by an purpose, who shall certify as correct the transcript
affidavit stating facts of direct personal knowledge of done by him. The transcript should reflect the fact
the affiant or based on authentic records. The that the proceedings, either in whole or in part, had
affidavit must affirmatively show the competence of been electronically recorded.
the affiant to testify on the matters contained therein.
Section 3. Storage of electronic evidence. – The
Section 2. Cross-examination of deponent. – The electronic evidence and recording thereof as well as
affiant shall be made to affirm the contents of the the stenographic notes shall form part of the record
affidavit in open court and may be cross-examined as of the case. Such transcript and recording shall be
a matter of right by the adverse party. deemed prima facie evidence of such proceedings.

Rule 10 Rule 11
EXAMINATION OF WITNESSES AUDIO, PHOTOGRAPHIC, VIDEO, AND EPHEMERAL
EVIDENCE
Section 1. Electronic testimony. – After summarily
hearing the parties pursuant to Rule 9 of these Rules, Section 1. Audio, video and similar evidence. – Audio,
the court may authorize the presentation of photographic and video evidence of events, acts or
testimonial evidence by electronic means. Before so transactions shall be admissible provided it shall be
authorizing, the court shall determine the necessity shown, presented or displayed to the court and shall
for such presentation and prescribe terms and be identified, explained or authenticated by the
conditions as may be necessary under the person who made the recording or by some other
circumstances, including the protection of the rights person competent to testify on the accuracy thereof.
of the parties and witnesses concerned.
Section 2. Ephemeral electronic communications. –
Section 2. Transcript of electronic testimony. – When Ephemeral electronic communications shall be
examination of a witness is done electronically, the proven by the testimony of a person who was a party
entire proceedings, including the questions and to the same or has personal knowledge thereof. In the

8
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.

Rule 12
EFFECTIVITY

Section 1. Applicability to pending cases. – These

Rules shall apply to cases pending after their
effectivity.

Section 2. Effectivity. – These Rules shall take effect

on the first day of August 2001 following their
publication before the 20th of July 2001 in two
newspapers of general circulation in the Philippines.