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Courts

and Evidence Relevancy Formula



Evidence
-means sanctioned by the Rules of Court, of Fact A Fact B
ascertaining in a judicial proceeding the truth Probative of (Fact of Consequence)
respecting a matter of fact. (Sec. 1, Rule 128) Tends to Prove
Note: Evidence is only the means of ascertaining -
the truth. This truth would depend upon the Attack on Relevancy
evidence admitted in Court. 1. Not Probative of FACT B, a Fact of
Applicability of the Rules on Evidence Consequence
-applies only to judicial proceedings (Sec. 1, 2. Probative of Fact C, but Fact C Not a Fact of
Rule 128) Consequence
Note: The Rules of Court shall not apply to Facts Offered Into Evidence
election cases, land registration, cadastral A.
neutralization and insolvency proceedings, and 1. Ed has blue eyes.
other cases not herein provided for, except by 2. Ed has skull and cross bones tattooed on
analogy or in a suppletory character and his left arm and a smoking gun tattoed on
whenever practicable and convenient. (Sec 4, his right arm.
rule 1) 3. Eds father was a German guard in a Nazi
death camp, where Ed was born in 1942.
Principle of Uniformity 4. Ed is a member of the skin-heads.
-As a general policy, the rules of evidence shall 5. Ed purchased a car radio with a police ban
be same in all courts and in all trials and three months prior to Johns murder.
hearing (Sec 2, Rule 128) Fact of Consequence/Inference/Conclusion
Requisites of Admissibility of Evidence -ED murdered John.
1. The evidence is relevant to the issue; and B.
Note: It is relevant accord if it has such a 1. John was found dead in his apartment,
relation to the fact in issue as to induce with a bullet wound in his chest.
belief in its existence or non-existence. 2. A week earlier, Ed had threathened John.
2. The evidence is not excluded by the rules 3. Eds hat was found in Johns apartment.
(competent) 4. Ed had written a love letter to Johns wife
Note: Competency is determined by the three months prior to Johns murder.
prevailing exclusionary rules of evidence. 5. The murder weapon was found buried in
Relevancy of Evidence Eds backyard.
-Evidence must have such a relation to the fact 6. Police Officer Smith testifies that Sam,
in issue as to induce belief in its existence or Johns neighbor, told him that he saw Ed
non-existence. driving away from the apartment building
the night of the shooting.
Collateral matters Want jury to infer/conclude
GR: Evidence on collateral matters is not -ED murdered John.
allowed
XPN: Evidence on collateral matters shall be Argument for Admission of Love Letters
allowed when it tends in any reasonable 1. A man who writes a love letter to a woman
degree to establish the probability or probably loves her.
improbability of fact in issue. 2. A man who loves a woman probably
desires here for himself alone.
3. A man who loves a marries woman
probably wishes to get rid of her husband.
4. A man who wishes to get rid of the
husband of the woman he loves probably
makes some plan to do so.
5. A man who plans to get rid of the husband affirmation of the truth of a negative fact.
of the woman he loves probably kills him. (Ibid.)
Denial as negative evidence
DIRECT AND CIRCUMSTANTIAL EVIDENCE -A denial is negative evidence. It is considered
1. Direct Evidence by the Court to be a very weak form of defense
- proves a fact without the need to make an and can never overcome an affirmative or
inference from another fact. positive testimony particularly when the
2. Circumstantial/Indirect Evidence latter comes from the mouth of a credible
- that evidence which indirectly proves a fact witness. (People v. Mendoza, 450 SCRA 328,
in issue through an inference which the fact as cited in Riano, 2013)
finder draws from the evidence established.
(People v. Matito, 423 SCRA 617). BURDEN OF PROOF V. BURDEN OF
2 KINDS Of Evidence EVIDENCE
1. Words a. Burden of proof - the duty of a party to
2. Things present evidence on the facts in issue
A. Writings/Documents necessary to establish his claim or defense
B. Tangible Objects by the amount of evidence required by law
COURT DECISION MAKING (Rule 131, Sec. 1, Rules of Court). Burden of
-Evidence Inference Decision proof or onus probandi traditionally
-Direct v. Circumstantial Evidence refers to the obligation of a party to the
-Deduction v. Induction litigation to persuade the court that he is
Deduction/Direct Evidence entitled to relief.
1. Sammy on trial for robbing a bank. b. Burden of Evidence is that logical
2. Surveillance film captures image of a man necessity which rest upon a party at any
robbing the bank with a gun. particular time during the trial to create a
3. Court compares film to Sammy seated at prima facie case in favor or to overthrow
the counsel table. one created against him. Duty of the party
4. Court deduces that Sammy is the man on to go forward with the evidence to
the film. overthrow the prima facie evidence
5. Court decides to convict. against him (Bautista v. Sarmiento, 138
Induction/Circumstantial Evidence SCRA 587).
1. Sammy on trial for robbing a bank. *prima facie- a fact presumed to be true
2. No surveillance film due to a technical until it is disproved.
problem.
3. Maggie, Sammys girlfriend, testifies that CONCLUSIVE PRESUMPTIONS
Sammy told her that he was low on funds Instances of conclusive presumptions:
and unless his ship came in, would have to a. Whenever a party has, by his own
rob the bank near his house. declaration, act, or omission,
4. Court induces that Sammy is the robber. intentionally and deliberately led
5. Court decides to convict. another to believe a particular thing is
Positive v. Negative Evidence true, and to act upon such belief, he
Evidence is positive when the witness cannot in any litigation arising out of
affirms that a fact did or did not occur, such declaration, act or omission, be
while it is negative when the witness states permitted to falsify it. (Rule 131, Sec
he did not see or know of the occurrence of 2[a], Rules of Court).
a fact (Regalado, 2008) b. The tenant is not permitted to deny
Note: When a witness declares of his personal the title of his landlord at the time of
knowledge that a fact did not take place that is commencement of the relation of
actually positive testimony since it is an landlord and tenant between them
(Rule 131, Sec. 2[b], Rules of Court).
DISPUTABLE PRESUMPTIONS Preponderance of Evidence
The ff. presumptions are satisfactory if In civil cases, the party having burden of
uncontradicted, but may be contradicted and proof must establish his case by a
overcome by other evidence: preponderance of evidence.
a. That a person is innocent of crime or In determining where the preponderance
wrong: or superior weight of evidence on the
b. That an unlawful act was done with an issues involved lies, the court may consider
unlawful intent; all the facts and circumstances of the case,
c. That a person intends the ordinary the witnesses manner of testifying their
consequences of his voluntary act; intelligence, their means and opportunity
d. That a person takes ordinary care of his of knowing the facts to which there are
concerns. testifying, the nature of the facts to which
e. That evidence willfully suppresses would they testify, the probability or
be adverse if produced; improbability of their testimony, their
f. That money paid by one to another was interest or want of interest and also their
due to the latter; personal credibility so far as the same may
g. That a thing delivered by one to another legitimately appear upon the trial.
belonged to the latter, and other The court may also consider the number of
enumerations under Rule 131, Sec. 3, witnesses though the preponderance is not
Rules of Court. necessarily with the greater number
(Rule133, Sec.1, Rules of Court)
LIBERAL CONSTRUCTION OF THE RULES
OF EVIDENCE Substantial Evidence
Like all other provisions under the Rules of In cases filed before administrative or
Court, the rules of evidence must be quasi-judicial bodies, a fact may be deemed
literally construed (Rule 1, Sec. 6, Rules of established if it is supported by substantial
Court). evidence, or that amount of relevant
Rules of Procedure are mere tools intended evidence which a reasonable mind might
to facilitate rather than to frustrate the accept as adequate to justify a conclusion
attainment of justice. (Rule 133, Sec. 5, Rules of Court)
A strict and rigid application must always
be eschewed if it would subvert their Clear and Convincing Evidence
primary objective of enhancing substantial Evidence is clear and convincing if it
justice. produces in the mind of the trier of a fact a
firm belief or conviction as to allegations
QUANTUM OF EVIDENCE (Weight and sought to be established.
Sufficiency of Evidence) It is intermediate; being more than
Proof beyond reasonable doubt preponderance, but not to the extent of
In a criminal case, the accused is entitled such certainty as is required beyond
to an acquittal, unless his guilt is shown reasonable doubt as in criminal case
beyond reasonable doubt. (Blacks Law Dict., 5th Ed., 227)
Proof beyond reasonable doubt does not
mean such a degree of proof, excluding JUDICIAL NOTICE AND JUDICIAL
possibility of error, produces absolute ADMISSIONS WHAT NEED NOT BE PROVED
certainty. 1. Those of which the courts may take
Moral certainly only is required, or that judicial notice (Rule 129);
degree of proof which produces conviction 2. Those that are judicially admitted
in an unprejudiced mind (Rule 133, sec 2, (Rule 129)
Rules of Court). 3. Those that are conclusively presumed
(Rule 131);
4. Those that are disputably presumed 1. Matters which are of Public Knowledge
but uncontradicted (Rule 131); Note: Public Knowledge are those matters
5. Immaterial allegations and coming to the knowledge of men generally in
6. Facts admitted or not denied provided the course of ordinary experiences of life, or
they have been sufficiently alleged they may be matters which are generally
(Sec. 1, Rule 8). accepted by mankind as true and are capable
7. Res ipsa loquitur of ready and unquestioned demonstration.
*Res ipsa loquitur-the thing speaks for
itself 2. Capable of unquestionable demonstration;
Judicial notice Note: Matters which are capable of
- it is the cognizance of certain facts which unquestionable demonstartions are facts,
judges may properly take and act upon theories and conclusions which have come to
without proof because they are supposed be established and acceoted by the specialists
to be known to them. in the areas of natural science, natural
- It is based on considerations of expediency phenomena, chronology, technology,
and convenience. geography, statistical facts and other fields of
- It displaces evidence, being equivalent to professional and scientific knowledge
proof. (Francisco, 1996).
Function of Judicial Notice 3. Ought to known to judges because of their
a. Judicial Notice dispenses the presentation judicial functions (Sec. 2, Rule 129)
of evidence and fulfills the purpose for Note: Judicial Notice is not judicial knowledge.
which the evidence is deigned to fulfill. The mere personal knowledge of the judge is
b. Its function is abbreviate litigation by not the judicial knowledge of the court, and he
admission of matters that needs no is not authorized to make his individual
evidence because judicial notice is a knowledge of a fact, not generally or
substitute for formal proof of a matter by professionally known, the basis of his action.
evidence.
Judicial Admissions
Matters subject to Mandatory Judicial -These are admissions, verbal or written,
Notice (EPOL-APOL-MG) made by a party in the course of the
1. Existence and territorial extent of States; proceedings in the same case, which does
2. Political history, forms of government and not require proof (Sec. 4, Rule 129)
symbols of nationality; How Judicial Admissions are made
3. Law of nations; Judicial admissions may be made in:
4. Admiralty and maritime courts of the 1. The pleadings filed by the parties;
world and their seals; 2. The course of the trial either by verbal
5. Political constitution and history of the or written manifestations or
Philippines; stipulations, including depositions,
6. Official acts of Legislative, Executive and written interrogatories and requests for
Judicial Departments of the Philippines admissions;
7. Laws of nature; 3. Other staged of the judicial proceedings,
8. Measure of time; and as in pre-trial (binarao v. Plus Builders,
9. Geographical Divisions (Sec.1, Rule 129) Inc., 491 SCRA 49)

Discretionary Judicial Notice How Judicial Admissions may be
-When the matter is subject to discretionary contradicted
judicial notice, a hearing is necessary before Grounds for contradicting judicial
judicial notice is taken of a matter. admissions
1. Upon showing that the admission was
made through palpable mistake; or
2. When it is shown that no such 6. A persons appearance where relevant
admission was made (Sec.4, Rule 129) (People v. Rullepa, 398 SCRA 567).
Requisites for admissibility of Object Evidence
Remedy of a party who made a judicial 1. It must be relevant and competent;
admission 2. Authenticated;
1. Written admission file a motion to Note: To authenticate the object, it must be
withdraw such pleading, or any other shown that the object is the very thing that
written instrument containing such is either the subject matter of the law suit
admission. or the very one involved to prove an issue
2. Oral admission the counsel may in the case.
move for the exclusion of such 3. The authentication must be made by a
admission. competent witness who should identify
the object to be the actual thing involved.
OBJECT EVIDENCE
Object as evidence are those addressed to Documentary Evidence
the senses of the court. When an object is Documents as evidence consist of writings
relevant to the fact in issue, it may be or any material containing letters, words,
exhibited to, examined or viewed by the numbers, figures, symbols, or other modes of
court (Sec 1, Rule 130). written expressions, offered as proof of their
Object Evidence, also known as real contents. (Sec. 2, Rule 130)
evidence, demonstrative evidence, Document a deed, instrument or other duly
autoptic preference and physical evidence notarized paper by which something is proved
Evidence, is that evidence which is evidenced or set forth (Regalado,2008).
addressed to the senses of the court (Sec. Note: Any instrument notarized by a notary
1, Rule 130). It is not limited to the view public or a competent public official, with the
of an object. It extends to the visual, solemnities required by law, is a public
auditory, gustatory, and olfactory. document. Pleadings files in a case and in the
Note: When physical evidence runs custody of the clerk of court are public
counter to testimonial evidence, documents. All other documents are private
conclusion as to physical evidence must documents (Bermejo v. Barrios, 31 SCRA 764).
prevail (People v. Aguinaldo, 316 SCRA
819). Q: May a private document be offered and
admitted in evidence both as documentary
Examples of Object Evidence evidence and object evidence? (20005 Bar
1. any article or object which may be known Question)
or perceived by the use of the sense A: Yes, it is object evidence, when it is
2. Examination of the anatomy of a person or addressed to the senses of the court or when
of any substance taken therefrom it is presented in order to establish certain
3. Conduct of tests, demonstration or physical evidence or cahracteristics that are
experiments visible on the paper and the writings that
4. Examination of representative portrayals comprise the document.
of the object in question (e.g. maps and -IT is considered as documentary evidence
diagrams) when it is offered as proof of its contents.
5. Documents, if the purpose is to prove their
existence or condition, or the nature of the Requisites for admissibility of documents
handwriting thereon or to determine the 1. The document be relevant.
age of the paper used, or the blemishes or 2. The document should be authenticated
alterations (Regalado, Vol. II, p. 717, 2008 and proved in the manner provided in the
ed.) Rules of Court (Chua v. CA, GR No. 88383,
February 19, 1992); Such authentication 1. When the original has been lost or
must be done by competent witness. destroyed, or cannot be produced in court,
3. The documents should be identified and without bad faith on the part of the offeror;
marked; and 2. When the original is in the custody or under
4. They should be formally offered to the the control of the party against whom the
court and shown to the opposing party so evidence is offered, and the latter fails to
that the letter may have the opportunity produce it after reasonable notice;
to object thereto (Ramcar, Inc. vs. Hi- 3. When the original consists of numerous
power Marketing, 495 SCRA 375) accounts or other documents which cannot be
Q: When Linda died, her common law examined in court without great loss of time
husband, Lito and their alleged daughter, Nes, and the fact sought to be established from
executed an extrajudicial partition of Lindas them is only the general result of the whole;
estate. 4. When the original is a public record in the
Thereafter, the siblings of Linda filed an action custody of a public officer or is recorded in
for partition of Lindas estate and annulment public office (Sec. 3, Rule 130)
of titles and damages with RTC. Question
The RTC dismissed the complaint and ruled -Valencia was charged with dishonesty, it was
that Nes was the illegitimate daughter of the alleged that his SALM was not reflective of his
decedent and Lito based solely on her birth actual net worth.
certificate, which on closer examination, - In the proceedings with the Office of the
reveals that Nes was listed as adopted by Ombudsman, the evidence that were
both Linda and Lito. presented were photocopies of his credit card
Is the trial court correct? transactions.
ANSWER: NO. A record of birth is merely a - He was dismissed by the Ombudsman.
prima facie evidence of the facts contained - Can photocopies be the basis of his
therein. conviction in the administrative case to
It is not conclusive evidence of truthfulness of establish substantive evidence?
the statements made there by the interested ANSWER:
parties. Nes should have adduced evidence of -In an administrative proceeding, the law does
her adoption, in view of the contents of her not require evidence beyond reasonable
birth certificate. doubt or preponderance of evidence.
The mere registration of a child in his or her Substantial evidence is enough.
birth certificate as the child supposed parents -This presupposes, however, that the evidence
is not a valid adoption, does not confer upon proffered is admissible under the laws.
the child status of an adopted child and legal -With respect to photocopied private
rights of such child, and even amounts to documents, the rule is that before it can be
simulation of the childs birth or falsification considered admissible in evidence, its due
of his or her birth certificate, which is a public execution or genuineness should first be
document. shown.
The records however are bereft of any such -Failing in this, the photocopies are
evidence (Rivera v. Heirs of Villanueva, G.R. inadmissible in evidence; at the very least, it
No. 141501, july 21, 2006) has no probative value (Office of the
Ombudsman v Manuel P. Valencia GR No
Best evidence Rule 183890, April 13, 2011).
GR: it provides that when the subject of the
inquiry is the contents of the document, no Question:
evidence shall be admissible other than the -At a trial for violation of the Dangerous Drugs
original document itself. Act, the prosecution offers in evidence a
XPNs: photocopy of the marked P100.00 bills used in
the buy-bust operation.
-The accused objects to the introduction of the be the original copy for the purpose
photocopy on the ground that the best of the best evidence rule?
evidence rule prohibits the introduction of 2. Can the photocopies in the hands of
secondary evidence in lieu of the original. the parties be considered duplicate
1. Is the photocopy real (object) evidence or original copies?
documentary evidence? As counsel for Anna, how will you prove
2. Is the photocopy admissible in evidence? the loan given by Anna to Blair?
ANSWER: ANSWER
1. It is real (object) evidence, because the 1. The copy that was signed and lost is the
contents of the marked bills are not in only original copy for purposes of the
issue. best evidence rule (Sec. 4 (b), Rule 130)
2. Yes, it is admissible in evidence, because 2. No, because they are merely
the best evidence rule does not apply to photocopies which were not signed
object or real evidence. (Mahilum v CA, G.R. No. L-17970, July 10,
Tbe best evidence rule is inapplicable 1966).
since such secondary evidence is only 3. It may be proved by secondary
intended to establish the existence of a evidence through photocopies of the
transaction and not the contents of the promissory note. When the original
document. document is lost or destroyed, or cannot
Q: What is an original document? be produced in court, the offeror, upon
ANSWER: proof of its execution or its existence and
1. The original of a document is one of the the cause of its unavailability without bad
contents of which are the subject of faith on his part, may prove its contents
inquiry; by a copy or by a recital of its contents in
2. When a document is in two or more copies some authentic document, or by the
executed at or about the same time, with testimony witnesses in the order stated,
identical contents, including signed carbon (Sec. 5, Rule 130)
sopies, ll such sopies are equally regarded
as originals; or What is Secondary Evidence?
3. When an entry is repeated in the regular It refers to evidence other than the
course of business, one being copied from original instrument or documents itself. It
another at or near the time of the is the class of evidence of that is relevant
transaction, including entries in journals to the fact in issue, it being first shown
and ledgers, all the entries are likewise that the primary evidence of the fact is not
equally regarded as originals. (Sec 4, Rule obtainable. It performs the same function
130) as that of primary evidence (EDSA
Question: When Anna Loaned a sum of Shangri-Las Hotel and Resort, Inc. , vs BF
money to Blair, Anna typed a single copy Corporation, GR 145873, June 27, 2008;
of the promissory note, which they both Francisco, 1992)
signed. When the original document has been lost
Anna made two photocopies of the or destroyed, or cannot be produced in
promissory note, giving one copy to Blair court, the offeror, upon proof of its
and retaining the other copy. Anna execution or existence and the cause of its
entrusted the typewritten copy to his unavailability without bad faith on his
counsel for safekeeping. The copy with part, may prove its contents by a copy, or
Anns counsel was destroyed when the by recital of its contents in some authentic
law office was burned. document, or by the testimony of
1. In an action to collect on the witnesses in the order stated (Sec 5, Rule
promissory note, which is deemed to 130)
Question: What are the requisites before
the contents of the original document that E-DOCUMENT VS DOCUMENT
may be proved by the secondary Paper records that are produced
evidence? directly by a computer system, such as
Answer: The offeror must prove the printouts, are themselves electronic
following: records, being just the means of
1. Execution or existence of the original intelligible display of the contents of the
document; record.
2. The cause of its unavailability; and Photocopies of the printout would paper
3. The unavailability of the original is not records subject to the usual rules of
due to bad faith on his part. (Sec. 5, Rule admissibility of documents.
130)
NOTE: Accordingly, the correct order of Question: How can an electronic
proof is as follows: existence, execution, document be admissible as evidence?
loss, and contents. This order may be
changed if necessary at the sound An electronic document refers to
discretion of the court. (Citibank N.A. information by which a right is
Mastercard v Teodoro, G.G. No. 150905, established or an obligation is
September 23, 2003). extinguished or by which a fact may be
proved and affirmed.
Question: Who can testify to prove the Thus, an email by which Mr. Y
due execution of a document? acknowledges the unborn child of Ms. X,
Answer: The person who executed it; as his is an electronic document since it
The person before whom its execution contains information as to the paternity of
was acknowledged; the unborn child.
Any person who was present and saw it For this electronic document to be
executed and delivered; admissible, however, it must meet the
Any person who thereafter saw and integrity, security and authentication
recognized the signature; requirements under the Act.
One to whom the parties, thereto had For the e-mail of Mr. Y to be admissible
previously confessed the execution it must carry the digital signature of Mr. Y,
thereof; or which may be any distinctive mark,
By evidence of the genuineness of the characteristic and/or sound in
signature or handwriting of the maker electronic form, representing the
(Sec. 20, Rule 132). identity of a person and attached to or
logically associated with the electronic
Question: What is an electronic data message or any methodology or
document? procedures. It should have been affixed
on an e-document with the intention of
Answer: Electronic Document refers to authenticating or approving an
information or the representation of electronic document.
information, data, figures, symbols or
other modes of written expression, Question: Is email admissible as
described on however represented, by evidence?
which a right is established or an Answer: Yes. Provided that it is
obligation extinguished, or by which a fact authenticated by either the sender or
may be proved and affirmed, which is receiver.
received, recorded, transmitted, An electronic document is also the
stored, processed, retrieved or equivalent of an original document
produced electronically. under the Best Evidence Rule, if it is a
printout or output readable by sight or The evidence used against him was the
other means, shown to reflect the data MMS message. Rustan objected to its
accurately. admissibility.
Note, however, that an email is Rustan claims that the MMS message
inadmissible if the party offering the constitutes an electronic document. Thus,
print-outs of the emails cannot establish it should be authenticated by means of an
that they were ever sent or received; electronic signature, as provided under
(IBM Phils vs NLRC) Sec.1, Rule 5 of the Rules on Electronic
Evidence. Rustan argued that the
PACANA vs PASCUAL-LOPEZ cellphone and sim card should be
An administrative complaint was filed by submitted as evidence. Is Rustan correct?
Rolando Pacana, Jr. against Atty. Maricel ANSWER:
Pascual-Lopez charging the latter with No. The SC ruled that there was proper
flagrant violation of the provisions of the authentication. Irishs testimony that she
Code of Professional Responsibility. received the obscene picture and
Complainant presented as evidence, malicious text messages is admissible as
emails and text messages he received evidence.
from respondent. The senders cellphone numbers belonged
Respondent maintained that the email to Rustan whom she had been previously
and the text messages allegedly sent by in communication.
the respondent to the complainant were Indeed, to prove that the cellphone
of doubtful authenticity and should be numbers belonged to Rustan, Irish and
excluded as evidence for failure to the police used such numbers to summon
conform to the Rules on Electronic him to come to Lorentess Resort and he
Evidence. did.
IS EMAIL ADMISSIBLE AS EVIDENCE? Consequently, the prosecution did not
YES. The Supreme Court did not disturb have to present the confiscated cellphone
the findings and recommendations of the and SIM cards to prove that Rustan sent
IBP that emails and text messages are those messages.
admissible as electronic evidence.
Here, it was the one who received the Authentication of Electronic Documents
emails who authenticated it.
On the basis of such electronic evidence, The electronic evidence must be proved
the Supreme Court disbarred Attorney before it is offered as authentic in any of the
Maricel Pascual-Lopez for representing following manner;
conflicting interests and for engaging in i. evidence that it has been signed digitally by
unlawful, dishonest and deceitful conduct the person.
in violation of her Lawyers Oath and the ii. evidence that appropriate security
Code of Professional Responsibilty. procedures were applied as may be
PASCUA v. CA authorized by law, or
This case concerns a former boyfriend iii. other evidence showing integrity and
(rustan) who sent to his ex-girlfriend reliability to the satisfaction of the court.
(Irish) an MMS message containing the (Rule 5, Sec.2, Rules on Electronic
picture of a naked woman, not her, but Evidence)
with her face superimposed on it. Methods of proving electronic document
Rustan threatened to spread the picture a. By Affidavit Evidence: based on personal
he sent through the internet if Irish knowledge and indication of the competence
refused to have sex with him. of the affiant to testify on the matters
contained therein.
-the contents of the affidavit shall be messages from respondent duly presented
affirmed in open court and may be cross- before the Court that the latter asked for 1M
examined as a matter of right by the adverse pesos in exchange for a favorable decision of
party in a summary hearing. (Rule 9, Sec 1, the formers pending case with the CA.
Rules on Electronic Evidence) -The txt messages were admitted by the Court
Can a witness testify via internet? because the same are now covered by Sec. 1
YES, Electronic Testimony: When an (k) Rule 2 of the Rules on Electronic Evidence.
examination of a witness is done Sec. 1, Rule 2 of REE provides: Ephemeral
electronically, the entire proceedings shall be electronic communication refers to
transcribed stenographically. telephone conversations, text messages
The transcript must be certified and indicate and other electronic forms of
that the proceedings were electronically communication the evidence of which is not
recorded. recorded or retained.
The electronic evidence, the recording and Sec. 2, Rule 11 of REE, Ephemeral Electronic
the transcript shall form part of the records communications shall be proven by the
of the case and shall be deemed as prima testimony of a person who was a party to
facie evidence of the proceedings. (Rule 10, the same or who has personal knowledge
Rules on Electronic Evidence) thereof
Text messages are admissible if
What is ephemeral electronic evidence? authenticated by an affidavit of the sender or
A: Ephemeral electronic evidence refers to recipient of said messages who had personal
telephone conversation text messages, chat knowledge thereof.
sessions, streaming audio or video or other
form of communication that is not recorded or NUEZ v. CRUZ-APAO
retained. -Complainant who was the recipient of said
It should be proven by the testimony of messaged and therefore had personal
the person who was party to the same, knowledge thereof testified on their contents
or has personal knowledge of the same, and import.
or in the absence thereof, by other -Respondent herself admitted that the
competent evidence. cellphone number reflected in complainants
If the communication is recorded, it cellphone from which the messages originated
shall be proven as an electronic was hers.
document. (Rule 11, Rules on Moreover, any doubt respondent may have
Electronic Evidence) had as to the admissibility of the text
Admissibility and proof of audio, video or messages had been laid to rest when she and
photographic evidence her counsel signed and attested to the veracity
The evidence is admissible provided they of the text messages between her and the
are: complainant.
-shown, presented or displayed to the
court; Villalon-Magtolis v. Salud
- and identified, explained or -Justice Magtolis accused a clerk of the mailing
authenticated by the person who section of the court for illegally soliciting
produced the same; or financial or material benefit from the parties
- by a competent testimony on the with pending cases before the Court.
accuracy thereof. (Rule 11, Rules on -the evidence submitted wee text messages
Electronic Evidence) allegedly sent by Salud to party litigants.
ARE TEXT MESSAGES ADMISSIBLE AS -The respondents claim that the admission of
EPHEMERAL EVIDENCE? the text messages as evidence against him
Complainant was able ti prove by his constitutes a violation of his right to privacy
testimony in conjunction with the text was rejected by the court.
4. a showing that changes, additions,
or deletions have not been made
-Text messages have been classifies as 5. a showing of the manner of the
ephemeral electronic communication under preservation of the recording;
Sec 1(k), Rule 2 of the Rules on Electronic 6. identification of the speakers
Evidence, 45 and shall be proven by the 7. a showing that the testimony
testimony of a person who was a party to the elicited was voluntarily made
same or has personal knowledge thereof. without any kind of inducement.
-Any question as to the admissibility of such
messages was rendered moot and academic,
as the respondent himself, as well as his
counsel, already admitted that he was the
sender of the first three messages subject of
the complaint.

ARE TAPE RECORDINGS ADMISSIBLE AS
EPHEMERAL EVIDENCE
Torralba v. People
-Choy Torralba was a radio commentator
who was sued fo libel.
-The main evidence against him were tape
recordings of his radio broadcast.
-Torralba objected the admission of the
said tape recordings for lack or proper
authentication by the person who actually
made the recordings.
-The SC ruled that without said
authentication, the tape recording is
incompetent and admissible evidence.
-The testimony of the operator of the
recording device as regards its operation,
his method of operating it, the accuracy of
the recordings, and the identities of the
persons speaking laid a sufficient
foundation for the admission of the
recordings.
-Likewise, a witness declaration that the
sound recording represents a true
portrayal of the voices contained therein
satisfies the requirement of
authentication.
A tape recording is admissible in evidence
and given probative value, provided the
following requisites must first be
established, to wit:
1. a showing that the recording device
was capable of taking testimony;
2. a showing that the operator of the
device was competent;
3. establishment of the authenticity
and correctness of the recording;