Article 30Supplement v1, p. 30

COMMERCIAL LAWS SUPPLEMENT

SECTION 3. Proof of electronically notarized document . —

A document electronically notarized in accordance with

the rules promulgated by the Supreme Court shall be

considered as a public document and proved as a notarial

document under the Rules of Court.

RULE 6 Electronic Signatures

SECTION

1.

Electronic

signature .

—

An

electronic

signature or a digital signature authenticated in the

manner prescribed hereunder is admissible in evidence

as the functional equivalent of the signature of a person

on a written document.

SECTION 2. Authentication of electronic signatures . — An

electronic signature may be authenticated in any of the

following manner:

(a) By evidence that a method or process was utilized to

establish a digital signature and verify the same;

(b) By any other means provided by law; or

(c) By any other means satisfactory to the judge as

establishing the genuineness of the electronic signature.

SECTION

3.

Disputable

presumptions

relating

to

electronic signatures . — Upon the authentication of an

electronic signature, it shall be presumed that:

(a) The electronic signature is that of the person to whom

it correlates;

(b) The electronic signature was affixed by that person

with the intention of authenticating or approving the

electronic document to which it is related or to indicate

such

person's

consent to the transaction embodied

therein; and

(c) The methods or processes utilized to affix or verify the

electronic signature operated without error or fault.

SECTION 4. Disputable presumptions relating to digital

signatures .

—

Upon

the

authentication

of a digital

signature, it shall be presumed, in addition to those

mentioned in the immediately preceding section, that:

(a) The information contained in a certificate is correct;

(b)

The

digital

signature

was

created

during

the

operational period of a certificate;

(c) No cause exists to render a certificate invalid or

revocable;

(d) The message associated with a digital signature has

not been altered from the time it was signed, and,

(e) A certificate had been issued by the certification

authority indicated therein.

RULE 7 Evidentiary Weight of Electronic

Documents

SECTION 1. Factors for assessing evidentiary weight . — In

assessing

the

evidentiary

weight

of

an

electronic

document, the following factors may be considered:

(a) The reliability of the manner or method in which it was

generated, stored or communicated, including but not

limited to input and output procedures, controls, tests

and checks for accuracy and reliability of the electronic

data

message or document, in the light of all the

circumstances as well as any relevant agreement;

(b) The reliability of the manner in which its originator

was identified;

(c) The integrity of the information and communication

system in which it is recorded or stored, including but not

limited to the hardware and computer programs or

software used as well as programming errors;

(d) The familiarity of the witness or the person who made

the

entry

with

the communication and information

system;

(e) The nature and quality of the information which went

into the communication and information system upon

which

the

electronic

data

message

or

electronic

document was based; or

(f)

Other

factors

which

the

court

may consider as

affecting

the

accuracy or integrity of the electronic

document or electronic data message.

SECTION

2.

Integrity

of

an

information

and

communication system . — In any dispute involving the

integrity of the information and communication system

in which an electronic document or electronic data

message is recorded or stored, the court may consider,

among others, the following factors:

(a) Whether the information and communication system

or other similar device was operated in a manner that did

not affect the integrity of the electronic document, and

there are no other reasonable grounds to doubt the

integrity of the information and communication system;

(b) Whether the electronic document was recorded or

stored by a party to the proceedings with interest adverse

to that of the party using it; or

(c) Whether the electronic document was recorded or

stored in the usual and ordinary course of business by a

person who is not a party to the proceedings and who did

not act under the control of the party using it.

RULE 8 Business Records as Exception to the

Hearsay Rule

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

to 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 on hearsay evidence.

SECTION

2.

Overcoming

the

presumption .

—

The

presumption provided for in Section 1 of this Rule may be

overcome by evidence of the untrustworthiness of the

source of information or the method or circumstances of

the preparation, transmission or storage thereof.

RULE 9 Method of Proof

SECTION 1. Affidavit evidence . — All matters relating to

the admissibility and evidentiary weight of an electronic

document may be established by an affidavit stating

facts of direct personal knowledge of the affiant or based

on authentic records. The affidavit must affirmatively

show the competence of the affiant to testify on the

matters contained therein.

SECTION 2. Cross-examination of deponent . — The affiant

shall be made to affirm the contents of the affidavit in

open court and may be cross-examined as a matter of

right by the adverse party.

RULE 10 Examination of Witnesses

SECTION

1.

Electronic testimony . — After summarily

hearing the parties pursuant to Rule 9 of these Rules, the

court

may authorize the presentation of testimonial

evidence by electronic means. Before so authorizing, the

court shall determine the necessity for such presentation

and prescribe terms and conditions as may be necessary

under the circumstances, including the protection of the

rights of the parties and witnesses concerned.

SECTION 2. Transcript of electronic testimony . — When

examination of a witness is done electronically, the entire

proceedings, including the questions and answers, shall

be transcribed by a stenographer, stenotypist or other

recorder authorized for the purpose, who shall certify as

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