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Evidence
Understanding the Rule and the Technical Nature of its Terms
By: IAN DANIEL B. GALANG
3E- San Beda College of Law
History
People v. Burgos, 200 SCRA 67
The SC, in this sedition case, had occasion to rule on whether evidence
submitted in electronic form could be admissible as evidence. Burgos
argued that the evidence- contained in diskettes- which the military had
sought to introduce against him could not be admissible as the military
could have been tampered with it. RTC Judge agreed with him and
disallowed the presentation of the evidence. In the SC, the lower court
was reversed and was directed to admit the evidence. But instead of
ruling, however, on whether an electronic- generated evidence was
admissible or not, it relied on the presumption of regularity in the
performance of public service. It allowed the introduction of the
evidence on the ground that there was no showing that the military had
tampered with the diskette. Thus the issue on electronically generated
documents/data as evidence was not squarely decided upon.
RULE 1- COVERAGE
A.M. 01-7-01-SC
Rustan Ang v. CA
In Windows
In Windows
Electronic*Informa/on*
is*stored*in*a*
hierarchical*manner,*
grouped*in*folders/
subfolders*
Phone records
Statement issued by provider shows
Calls made
SMS messages sent
Unfortunately, providers do not keep a record of calls and sms activities for prepaid
subscriptions
Mobile phone
Call logs
SMS messages sent/received
Content of calls not automatically record ephemeral evidence, see REE
Digital Signing and Encryption
Technology Overview:
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 x x x
!
Electronic Signature
Key
eSig
Digital Signature
A class of electronic signatures
Universe of
Electronic
Signatures
Digital
Signatures
Digital Signature
Technology implementation of electronic signature
Employs a procedure or methodology that generates a mark which
is logically associated with the identity of the signer
The mark is appended to the electronic document
Secures the electronic document
Enables verification of the identity of the signer
Involves a third party called Certification Authority
PRIVATE KEY
refers to the key of a key pair used refers to the key of a key pair used
to verify a digital signature
to create a digital signature
KEY PAIR
in an asymmetryic 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
Example:
3048 0241 00C9 18FA CF8D EB2D EFD5 FD37 89B9 E069 EA97 FC20 5E35 F577
EE31 C4FB C6E4 4811 7D86 BC8F BAFA 362F 922B F01B 2F40 C744 2654 C0DD
2881 D673 CA2B 4003 C266 E2CD CB02 0301 0001
Certification Authority
Operates a technology infrastructure that enables
digital signing
Infrastructure = Public Key Infrastructure (PKI)
Provides the procedure or methodology for digital
signing and verification
Name of holder
Card Number
Card Number = Public Key
Juan de la Cruz
010973538879
4559
Digital Signing
ATM
PIN is kept
here
Digital Signing
This is Juan
Pu
bli
Pr
iva
te
Digital Signing
Process
Message
Digest
Encryptio
n using
private
key
Pr
iva
te
Digital
Signature
Digital Signing
Digital
Signature
Pr
iva
te
Pu
Digital
Signature
bli
Process
Message
Digest
Decrypts
Message
Digest
Juan s
Public Key
Juan s Signed
eDocument
Juan s Info:
Name
Department
Cubicle Number
Certificate Info:
Expiration Date
Serial Number
Juan's Public Key: !!!
Pu
bli
c
Signs with
Maria s
Key
Juan s Digital
Certificate
Pu
bli
Juan s
Public Key
Verify using
Maria s
Public Key
Juan s Digital
Certificate
ECA, Sec. 7
REE Rule 3, Sec. 1
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
!
Admissibility
Nothing in the application of the rules on evidence
shall deny the admissibility of an electronic data
message or electronic document in evidence on the
sole ground that it is in electronic form or on the
ground that it is not in the standard written form
ECA Sec. 12
Admissibility
The confidential character of a privileged
communication is not lost solely on the ground that it
is in the form of an electronic document.
!
Best Evidence
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.
!
Best Evidence
Printout electronic document printed on paper
Output readable by sight electronic document is
displayed on computer monitor or screen or using a
LCD projector
Other means Hologram? Braille?
Best Evidence
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.
!
Best Evidence
(b) When a document is in two or more copies executed at or about
the same time, with identical contents, all such copies are equally
regarded as originals.
(c) When an entry is repeated in the regular course of business, one
being copied from another at or near the time of the transaction,
all the entries are likewise equally regarded as originals.
!
Best Evidence
Is a photocopy an original?
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 rerecording, 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.
!
REE Rule 4
Examination of Witnesses
Electronic Testimony now possible
Closed Circuit TV
Satellite TV
Video over IP
But left to the discretion of the Court