RA 9 : Rules of Court on Electronic Evidences

Rules on Electronic Evidence

Source: http://nationallibraryphilippines.wikispaces.com/file/view/Court+Rules+on+Electronic+Evidence.pdf. Retrieved on Sept 16, 2009


Abstract:

This article discusses the Philippine law on rules of court on electronic evidences. There are twelve rules that were included in this law namely the coverage, definition of terms and construction, electronic documents—best evidence rule, authentication, evidentiary weight, on audio, photographic, video, and ephemeral evidence and its effectivity.

Electronic document and data message and can be used as evidence the same as the one written in paper or the original document. Duplicates and copies are also regarded as equivalent of the original. Authenticity is just the question. The person seeking to introduce an electronic document in any legal proceeding has the burden of proving its authenticity.

3 Things I’ve Learned:

1. 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.

2. “Asymmetric or public cryptosystem” means a system capable of generating a
secure key pair, consisting of a private key for creating a digital signature, and a public key for verifying the digital signature.

3. “Digital Signature” refers to an electronic signature consisting of a transformation of an electronic document or an electronic data message using an asymmetric or public cryptosystem such that a person having the initial untransformed electronic document and
the signer’s public key can accurately determine: (i) whether the transformation was created using the private key that corresponds to the signer’s public key; and,
(ii) whether the initial electronic document had been altered after the
transformation was made.


Reflection:

I’ve learned so much with this reading assignment. What is more interesting is it is also written within the Philippine law context. In our everyday life, we use e-mails, text messages, photos and videos as part of our work, studies, or just simply documenting what is happening in our lives. These documents also serve as evidences when it comes to legal issues/court cases, the only question is its authenticity. As a librarian and student, it is very important that we secure all our documents whether in electronic and paper format. We must learn from the mistakes of other people who were involved in scandals, and legal cases because such electronic evidences were presented in the court.