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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.

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.

Rule 11

AUDIO, PHOTOGRAPHIC, VIDEO, AND EPHEMERAL EVIDENCE

Section 1. Audio, video and similar evidence. – Audio, photographic and video
evidence of events, acts or transactions shall be admissible provided it shall be
shown, presented or displayed to the court and shall be identified, explained or
authenticated by the person who made the recording or by some other person
competent to testify on the accuracy thereof.

It should be dusted by ultraviolet powder. It was not, neither was there any
explanation why it was not so dusted.

REPUBLIC ACT NO. 10640

Section 1. Section 21 of Republic Act No. 9165, otherwise known as the


"Comprehensive Dangerous Drugs Act of 2002", is hereby amended to read as
follows:
"SEC. 21. Custody and Disposition of Confiscated, Seized, and/or
Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs,
Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment. – The
PDEA shall take charge and have custody of all dangerous drugs,
plant sources of dangerous drugs, controlled precursors and
essential chemicals, as well as instruments/paraphernalia and/or
laboratory equipment so confiscated, seized and/or surrendered, for
proper disposition in the following manner:

"(1) The apprehending team having initial custody and


control of the dangerous drugs, controlled precursors and
essential chemicals, instruments/paraphernalia and/or
laboratory equipment shall, immediately after seizure and
confiscation, conduct a physical inventory of the seized
items and photograph the same in the presence of the
accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or
counsel, with an elected public official and a representative
of the National Prosecution Service or the media who shall
be required to sign the copies of the inventory and be given
a copy thereof: Provided, That the physical inventory and
photograph shall be conducted at the place where the
search warrant is served; or at the nearest police station or
at the nearest office of the apprehending officer/team,
whichever is practicable, in case of warrantless seizures:
Provided, finally, That noncompliance of these requirements
under justifiable grounds, as long as the integrity and the
evidentiary value of the seized items are properly preserved
by the apprehending officer/team, shall not render void and
invalid such seizures and custody over said items.”

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