Article 29Supplement v1, p. 29

COMMERCIAL LAWS SUPPLEMENT

calling of every kind, whether or not conducted for profit,

or for legitimate or illegitimate purposes.

(c) "Certificate" means an electronic document issued to

support a digital signature which purports to confirm the

identity or other significant characteristics of the person

who holds a particular key pair.

(d) "Computer" refers to any single or interconnected

device

or

apparatus,

which,

by

electronic,

electro-mechanical or magnetic impulse, or by other

means

with the same function, can receive, record,

transmit, store, process, correlate, analyze, project, retrieve

and/or produce information, data, text, graphics, figures,

voice, video, symbols or other modes of expression or

perform any one or more of these functions.

(e) "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.

(f) "Digitally signed" refers to an electronic document or

electronic

data

message bearing a digital signature

verified by the public key listed in a certificate.

(g)

"Electronic

data

message"

refers

to

information

generated, sent, received or stored by electronic, optical

or similar means.

(h) "Electronic document" refers to information or the

representation of information, data, figures, symbols or

other modes of written expression, described or however

represented,

by

which

a

right

is

established or an

obligation extinguished, or by which a fact may be proved

and affirmed, which is received, recorded, transmitted,

stored, processed, retrieved or produced electronically. It

includes digitally signed documents and any print-out or

output,

readable

by

sight

or

other

means,

which

accurately

reflects

the

electronic

data

message

or

electronic document. For purposes of these Rules, the

term

"electronic

document"

may

be

used

interchangeably with "electronic data message".

(i) "Electronic key" refers to a secret code which secures

and

defends

sensitive

information that crosses over

public channels into a form decipherable only with a

matching electronic key.

(j) "Electronic signature" refers to any distinctive mark,

characteristic

and/or

sound

in

electronic

form,

representing the identity of a person and attached to or

logically associated with the electronic data message or

electronic document or any methodology or procedure

employed or adopted by a person and executed or

adopted

by

such

person

with

the

intention

of

authenticating, signing or approving an electronic data

message or electronic document. For purposes of these

Rules, an electronic signature includes digital signatures.

(k)

"Ephemeral

electronic

communication"

refers

to

telephone

conversations,

text

messages,

chatroom

sessions, streaming audio, streaming video, and other

electronic forms of communication the evidence of which

is not recorded or retained.

(l) "Information and Communication System" refers to a

system for generating, sending, receiving, storing or

otherwise

processing

electronic

data

messages

or

electronic documents and includes the computer system

or other similar devices by or in which data are recorded

or stored and any procedure related to the recording or

storage

of

electronic

data

messages

or

electronic

documents.

(m) "Key Pair" in an asymmetric cryptosystem refers to

the private key and its mathematically related public key

such that the latter can verify the digital signature that

the former creates.

(n) "Private Key" refers to the key of a key pair used to

create a digital signature.

(o) "Public Key" refers to the key of a key pair used to verify

a digital signature.

SECTION 2. Construction . — These Rules shall be liberally

construed

to

assist

the

parties

in obtaining a just,

expeditious, and inexpensive determination of cases.

The interpretation of these Rules shall also take into

consideration the international origin of Republic Act No.

8792 , otherwise known as the Electronic Commerce Act.

RULE 3 Electronic Documents

SECTION

1.

Electronic

Documents

as

functional

equivalent of paper-based documents . — Whenever a

rule of evidence refers to the term writing, document,

record, instrument, memorandum or any other form of

writing,

such

term

shall

be

deemed to include an

electronic document as defined in these Rules.

SECTION 2. Admissibility . — An electronic document is

admissible in evidence 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

these Rules.

SECTION

3.

Privileged

communication .

—

The

confidential character of a privileged communication is

not lost solely on the ground that it is in the form of an

electronic document.

RULE 4 Best Evidence Rule

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.

SECTION 2. Copies as equivalent of the originals . — When

a document is in two or more copies executed at or about

the same time with identical contents, or is a counterpart

produced by the same impression as the original, or from

the

same

matrix,

or

by

mechanical

or

electronic

re-recording, or by chemical reproduction, or by other

equivalent techniques which accurately reproduces the

original, such copies or duplicates shall be regarded as

the equivalent of the original.

Notwithstanding the foregoing, copies or duplicates shall

not be admissible to the same extent as the original if:

(a) a genuine question is raised as to the authenticity of

the original; or

(b) in the circumstances it would be unjust or inequitable

to admit the copy in lieu of the original.

RULE 5 Authentication of Electronic Documents

SECTION 1. Burden of proving authenticity . — The person

seeking to introduce an electronic document in any legal

proceeding has the burden of proving its authenticity in

the manner provided in this Rule.

SECTION 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.

© Compiled by RGL

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