Tuesday, June 7, 2011

Can an email correspondence be considered evidence in Philippine Courts

The answer is YES. Under A.M. NO. 01-7-01-SC.- RE: RULES ON ELECTRONIC EVIDENCE, an email correspondence can be considered evidence under Philippine Courts. A printout copy of such email correspondence may be presented as evidence and can be classified as an original document under the "Best Evidence Rule" if it is a printout or output which is readable, and shown to reflect the data accurately.

Further, Rule 5 Section 2 of A.M. NO. 01-7-01-SC provides for the manner of proving the authenticity of email correspondences in Philippine Courts. Accordingly, the person seeking to introduce an email correspondence or electronic document in any legal proceeding has the burden of proving its authenticity.

Therefore, before any electronic document offered is received in evidence by the courts, 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.


Full Text of the RULES ON ELECTRONIC EVIDENCE