Post on 07-Apr-2018
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A.M. No. 01-7-01-SC
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SCOPE [Sec. 1]
Unless otherwise provided herein,these Rules shall apply whenever anelectronic document or electronic data
message, as defined in Rule 2 hereof,is offered or used in evidence.
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EVIDENCE COVERED BY THE REE[R2,S1;R11,SS1-2,REE]
1) Electronic document;2) Electronic data message;3) Audio recording;4) Photograph Video recording; and5) Ephemeral evidence
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CASES COVERED [Sec. 2]
1) All civil actions andproceedings;
2) Quasi-judicial ; and
3) Administrative cases.
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APPLICATION OF OTHER RULES ONEVIDENCE [Sec. 3]
Rules of Court
relevancy
offer of evidence
Other Statutes containing rules on evidence
Wire Tapping Act ( RA 4200) Bank Secrecy Law ( RA 1405, as
amended)
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DEFINITION OF TERMS [Sec.1]
(a) Asymmetric or public cryptosystem
means a system capable of generating asecure key pair, consisting of a private keyfor creating a digital signature, and apublic key for verifying the digitalsignature.
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e.g. Encrypted Message sent by DS to RP underPKI Maintained by CA
(private key for
encryption)
(public key for
decryption)
DS CA Software R/RP
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(b) Business records
include records of any business,institution, association, profession,occupation, and calling of every kind,whether or not conducted for profit, or forlegitimate or illegitimate purposes.
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(c) Certificate
means an electronic document issued tosupport a digital signature which purportsto confirm the identity or other significantcharacteristics of the person who holds aparticular key pair.
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(d) Computer
refers to any single or interconnected device
or apparatus, which, by electronic, electro-mechanical or magnetic impulse, or by othermeans with the same function, can receive,record, transmit, store, process, correlate,analyze, project, retrieve and/or produceinformation, data, text, graphics, figures,voice, video, symbols or other modes ofexpression or perform any one or more ofthese functions.
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(e)Digital Signature
refers to an electronic signature consistingof a transformation of an electronicdocument or an electronic data messageusing an asymmetric or public
cryptosystem such that a person havingthe initial untransformed electronicdocument and the signers public key canaccurately determine:
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(i) whether the transformation was
created using the private key thatcorresponds to the signers public key; and,
(ii) whether the initial electronicdocument had been altered after thetransformation was made.
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(f) Digitally signed
refers to an electronic document orelectronic data message bearing a digitalsignature verified by the public key listedin a certificate.
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(g) Electronic data message
refers to information generated, sent,received or stored by electronic, optical orsimilar means.
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(h) Electronic documentrefers to information or the representation ofinformation, data, figures, symbols or other
modes of written expression, described orhowever represented, by which a right isestablished or an obligation extinguished, orby which a fact may be proved and
affirmed, which is received, recorded,transmitted, stored, processed, retrievedor produced electronically.
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PURPOSES FOR THE USE OF ELECTRONICDOCUMENT
1) To establish a right;2) To extinguish an obligation; or3) To prove or affirm a fact
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(i) Electronic key
refers to a secret code which secures anddefends sensitive information that crossesover public channels into a formdecipherable only with a matchingelectronic key.
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(j) Electronic signaturerefers to any distinctive mark, characteristicand/or sound in electronic form, representing
the identity of a person and attached to orlogically associated with the electronic datamessage or electronic document or anymethodology or procedure employed oradopted by a person and executed oradopted by such person with the intention ofauthenticating, signing or approving anelectronic data message or electronicdocument.
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(k) Ephemeral electronic communication
refers to telephone conversations, textmessages, chatroom sessions, streamingaudio, streaming video, and otherelectronic forms of communication theevidence of which is not recorded orretained.
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(l) Information and Communication Systemrefers to a system for generating, sending,receiving, storing or otherwise processingelectronic data messages or electronicdocuments and includes the computersystem or other similar devices by or in
which data are recorded or stored and anyprocedure related to the recording orstorage of electronic data messages orelectronic documents.
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(m) Key Pair in an asymmetriccryptosystem
refers to the private key and itsmathematically related public key suchthat the latter can verify the digitalsignature that the former creates.
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(n) Private Key
refers to the key of a key pair used tocreate a digital signature.
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(o) Public Key
refers to the key of a key pair used to verifya digital signature.
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CONSTRUCTION [Sec. 2]
liberally construed and the internationalorigin of the ECA should be taken intoconsideration
doubts should be resolved in favor ofadmissibility