RULE 133 WEIGHT AND SUFFICIENCY OF EVIDENCE DEFINITIONS/REQUISITES/EXCEPTIONS Flashcards
Proof beyond reasonable doubt
Does not mean such degree of proof as, excluding possibility of error, produces absolute certainty
Moral certainty only is required, or that degree of proof which produces conviction in an unprejudiced mind
Circumstantial evidence to sustain conviction must:
a. More than one circumstance
b. Facts from which inferences are derived are proven
c. Combination of all circumstances such as to produce conviction beyond reasonable doubt
Substantial evidence
That amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.
PERTINENT PROVISIONS OF THE IMPLEMENTING RULES OF THE E-COMMERCE ACT:
CHAPTER II LEGAL RECOGNITION OF ELECTRONIC DATA MESSAGES AND ELECTRONIC DOCUMENTS
Section 7. Legal Recognition of Electronic Data Messages and Electronic Documents. -
Information shall not be denied validity or enforceability solely on the ground that it is in the form of an electronic data message or electronic document, purporting to give rise to such legal effect. Electronic data messages or electronic documents shall have the legal effect, validity or enforceability as any other document or legal writing. In particular, subject to the provisions of the Act and these Rules:
a. A requirement under law that information is in writing is satisfied if the information is in the form of an electronic data message or electronic document.
b. A requirement under law for a person to provide information in writing to another person is satisfied by the provision of the information in an electronic data message or electronic document.
c. A requirement under law for a person to provide information to another person in a specified non-electronic form is satisfied by the provision of the information in an electronic data message or electronic document if the information is provided in the same or substantially the same form.
d. Nothing limits the operation of any requirement under law for information to be posted or displayed in specified manner, time or location; or for any information or document to be communicated by a specified method unless and until a functional equivalent shall have been developed, installed, and implemented.
PERTINENT PROVISIONS OF THE IMPLEMENTING RULES OF THE E-COMMERCE ACT:
CHAPTER II LEGAL RECOGNITION OF ELECTRONIC DATA MESSAGES AND ELECTRONIC DOCUMENTS
Section 8. Incorporation by Reference. -
Section 8. Incorporation by Reference. - Information shall not be denied validity or enforceability solely on the ground that it is not contained in an electronic data message or electronic document but is merely incorporated by reference therein.
PERTINENT PROVISIONS OF THE IMPLEMENTING RULES OF THE E-COMMERCE ACT:
CHAPTER II LEGAL RECOGNITION OF ELECTRONIC DATA MESSAGES AND ELECTRONIC DOCUMENTS
Section 9. Use Not Mandatory. -
Section 9. Use Not Mandatory. - Without prejudice to the application of Section 27 of the Act and Section 37 of these Rules, nothing in the Act or these Rules requires a person to use or accept information contained in electronic data messages, electronic documents, or electronic signatures, but a person’s consent to do so may be inferred from the person’s conduct.
PERTINENT PROVISIONS OF THE IMPLEMENTING RULES OF THE E-COMMERCE ACT:
CHAPTER II LEGAL RECOGNITION OF ELECTRONIC DATA MESSAGES AND ELECTRONIC DOCUMENTS
Section 10. Writing
Where the law requires a document to be in writing, or obliges the parties to conform to a writing, or provides consequences in the event information is not presented or retained in its original form, an electronic document or electronic data message will be sufficient if the latter:
a. Maintains its integrity and reliability; and
b. Can be authenticated so as to be usable for subsequent reference, in that:
i. It has remained complete and unaltered, apart from the addition of any endorsement and any authorized change, or any change which arises in the normal course of communication, storage and display; and
ii. It is reliable in the light of the purpose for which it was generated and in the light of all relevant circumstances.
PERTINENT PROVISIONS OF THE IMPLEMENTING RULES OF THE E-COMMERCE ACT:
CHAPTER II LEGAL RECOGNITION OF ELECTRONIC DATA MESSAGES AND ELECTRONIC DOCUMENTS
Section 11. Original.
Section 11. Original. - Where the law requires that a document be presented or retained in its original form, that requirement is met by an electronic document or electronic data message if –
a. There exists a reliable assurance as to the integrity of the electronic document or electronic data message from the time when it was first generated in its final form and such integrity is shown by evidence aliunde (that is, evidence other than the electronic data message itself) or otherwise; and
b. The electronic document or electronic data message is capable of being displayed to the person to whom it is to be presented.
c. For the purposes of paragraph (a) above:
i. The criteria for assessing integrity shall be whether the information has remained complete and unaltered, apart from the addition of any endorsement and any change which arises in the normal course of communication, storage and display; and
ii. The standard of reliability required shall be assessed in the light of the purpose for which the information was generated and in the light of all relevant circumstances.
An electronic data message or electronic document meeting and complying with the requirements of Sections 6 or 7 of the Act shall be the best evidence of the agreement and transaction contained therein.
PERTINENT PROVISIONS OF THE IMPLEMENTING RULES OF THE E-COMMERCE ACT:
CHAPTER II LEGAL RECOGNITION OF ELECTRONIC DATA MESSAGES AND ELECTRONIC DOCUMENTS
Section 12. Solemn Contracts.
Section 12. Solemn Contracts. - No provision of the Act shall apply to vary any and all requirements of existing laws and relevant judicial pronouncements respecting formalities required in the execution of documents for their validity. Hence, when the law requires that a contract be in some form in order that it may be valid or enforceable, or that a contract is proved in a certain way, that requirement is absolute and indispensable.
PERTINENT PROVISIONS OF THE IMPLEMENTING RULES OF THE E-COMMERCE ACT:
CHAPTER II LEGAL RECOGNITION OF ELECTRONIC DATA MESSAGES AND ELECTRONIC DOCUMENTS
LEGAL RECOGNITION OF ELECTRONIC SIGNATURES
Section 13. Legal Recognition of Electronic Signatures.
Section 13. Legal Recognition of Electronic Signatures. An electronic signature relating to an electronic document or electronic data message shall be equivalent to the signature of a person on a written document if the signature:
a. Is an electronic signature as defined in Section 6(g) of these Rules; and
b. Is proved by showing that a prescribed procedure, not alterable by the parties interested in the electronic document or electronic data message, existed under which:
i. A method is used to identify the party sought to be bound and to indicate said party’s access to the electronic document or electronic data message necessary for his consent or approval through the electronic signature;
ii. Said method is reliable and appropriate for the
purpose for which the electronic document or electronic data message was generated or communicated, in the light of all circumstances, including any relevant agreement;
iii. It is necessary for the party sought to be bound, in order to proceed further with the transaction, to have executed or provided the electronic signature; and,
iv. The other party is authorized and enabled to verify the electronic signature and to make the decision to proceed with the transaction authenticated by the same.
v. The parties may agree to adopt supplementary or alternative procedures provided that the requirements of paragraph (b) are complied with.
For purposes of subparagraphs (i) and (ii) of paragraph (b), the factors referred to in Annex “2” may be taken into account.
PERTINENT PROVISIONS OF THE IMPLEMENTING RULES OF THE E-COMMERCE ACT:
CHAPTER II LEGAL RECOGNITION OF ELECTRONIC DATA MESSAGES AND ELECTRONIC DOCUMENTS
LEGAL RECOGNITION OF ELECTRONIC SIGNATURES
Section 14. Presumption Relating to Electronic Signatures.
Section 14. Presumption Relating to Electronic Signatures. - In any proceeding involving an electronic signature, the proof of the electronic signature shall give rise to the rebuttable presumption that:
a. The electronic signature is the signature of the person to whom it correlates; and
b. The electronic signature was affixed by that person with the intention of signing or approving the electronic data message or electronic document unless the person relying on the electronically signed electronic data message or electronic document knows or has notice of defects in or unreliability of the signature or reliance on the electronic signature is not reasonable under the circumstances.
PERTINENT PROVISIONS OF THE IMPLEMENTING RULES OF THE E-COMMERCE ACT:
CHAPTER II LEGAL RECOGNITION OF ELECTRONIC DATA MESSAGES AND ELECTRONIC DOCUMENTS
MODES OF AUTHENTICATION
Section 15. Method of Authenticating Electronic Documents, Electronic Data Messages, and Electronic Signatures
Section 15. Method of Authenticating Electronic Documents, Electronic Data Messages, and Electronic Signatures. - Electronic documents, electronic data messages and electronic signatures, shall be authenticated by demonstrating, substantiating and validating a claimed identity of a user, device, or another entity in an information or communication system.
Until the Supreme Court, by appropriate rules, shall have so provided, electronic documents, electronic data messages and electronic signatures, shall be authenticated, among other ways, in the following manner:
a. The electronic signature shall be authenticated by proof that a letter, character, number or other symbol in electronic form representing the persons named in and attached to or logically associated with an electronic data message, electronic document, or that the appropriate methodology or security procedures, when applicable, were employed or adopted by a person and executed or adopted by such person, with the intention of authenticating or approving an electronic data message or electronic document;
b. The electronic data message or electronic document shall be authenticated by proof that an appropriate security procedure, when applicable was adopted and employed for the purpose of verifying the originator of an electronic data message or electronic document, or detecting error or alteration in the communication, content or storage of an electronic document or electronic data message from a specific point, which, using algorithm or codes, identifying words or numbers, encryptions, answers back or acknowledgement procedures, or similar security devices.
PERTINENT PROVISIONS OF THE IMPLEMENTING RULES OF THE E-COMMERCE ACT:
CHAPTER II LEGAL RECOGNITION OF ELECTRONIC DATA MESSAGES AND ELECTRONIC DOCUMENTS
MODES OF AUTHENTICATION
Section 16. Burden of Authenticating Electronic Documents or Electronic Data Messages. -
Section 16. Burden of Authenticating Electronic Documents or Electronic Data Messages. - The person seeking to introduce an electronic document or electronic data message in any legal proceeding has the burden of proving its authenticity by evidence capable of supporting a finding that the electronic data message or electronic document is what the person claims it to be.
PERTINENT PROVISIONS OF THE IMPLEMENTING RULES OF THE E-COMMERCE ACT:
CHAPTER II LEGAL RECOGNITION OF ELECTRONIC DATA MESSAGES AND ELECTRONIC DOCUMENTS
MODES FOR ESTABLISHING INTEGRITY
Section 17. Method of Establishing the Integrity of an Electronic Document or Electronic Data Message.
Section 17. Method of Establishing the Integrity of an Electronic Document or Electronic Data Message. In the absence of evidence to the contrary, the integrity of the information and communication system in which an electronic data message or electronic document is recorded or stored may be established in any legal proceeding, among other methods
a. By evidence that at all material times the information and communication system or other similar device was operating in a manner that did not affect the integrity of the electronic document or electronic data message, and there are no other reasonable grounds to doubt the integrity of the information and communication system;
b. By showing that the electronic document or electronic data message was recorded or stored by a party to the proceedings who is adverse in interest to the party using it; or
c. By showing that the electronic document or electronic data message 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 the record.
PERTINENT PROVISIONS OF THE IMPLEMENTING RULES OF THE E-COMMERCE ACT:
CHAPTER II LEGAL RECOGNITION OF ELECTRONIC DATA MESSAGES AND ELECTRONIC DOCUMENTS
ADMISSIBILITY AND EVIDENTIAL WEIGHT
Section 18. Admissibility and Evidential Weight of Electronic Data Messages and Electronic Documents.
Section 18. Admissibility and Evidential Weight of Electronic Data Messages and Electronic Documents. - For evidentiary purposes, an electronic document or electronic data message shall be the functional equivalent of a written document under existing laws. In any legal proceeding, nothing in the application of the rules on evidence shall deny the admissibility of an electronic data message or electronic document in evidence:
a. On the sole ground that it is in electronic form; or
b. On the ground that it is not in the standard written form.
The Act does not modify any statutory rule relating to the admissibility of electronic data messages or electronic documents, except the rules relating to authentication and best evidence.
In assessing the evidential weight of an electronic data message or electronic document, the reliability of the manner in which it was generated, stored or communicated, the reliability of the manner in which its originator was identified, and other relevant factors shall be given due regard.
