Reading assignment (for September 19, 2009)

Rules on Electronic Evidence

URL: http://chanrobles.com/rulesonelectronicevidence.htm

Abstract
The Rules on Electronic Evidence was submitted for the Courts’ consideration and approval prior to take action on the memorandum of the Committee on the Revision of the Rules of the Court to draft the Rules on E-Commerce Law (R.A. No. 8792). These rules took its effect on August 01, 2001.
The Rules on Electronic Evidence have the following:
Rule 1: Coverage
Rule 2: Definition of terms and construction
Rule 3: Electronic documents
Rule 4: Best evidence rule
Rule 5: Authentication of electronic documents
Rule 6: Electronic signatures
Rule 7: Evidentiary weight of electronic documents
Rule 8: Business records as exception to the hearsay rule
Rule 9: Method of proof
Rule 10: Examination of the witnesses
Rule 11: Audio, photographic, video and ephemeral evidence
Rule 12: Effectivity

What I have learned:
1. Some computer terms defined in the legal aspect which was covered on the rules on electronic evidence, namely: asymmetric or public cryptosystem, digital signature, electronic data message and electronic document that can be used interchangeably.
2. Electronic documents can serve as powerful evidence and as functional equivalent of paper-based documents provided that it certifies to be authentic based upon the Rule 5 of the said law of- Rules on Electronic Evidence.
3. Ephemeral electronic communication such as telephone conversations, text messages, chat room sessions etc. and other electronic forms of communication, the evidence of which is not recorded can be proven by the presence of witness who has a party to the same or has personal knowledge thereof according to the rule.

Implication/Application:
It only means that even in electronic transactions and the documents involve in the process can play as an evidential part to court cases. In our institution, every move we make especially in our library system was documented. For a particular mistake in the transmission of a book record to the other division, the recipient will know who made some errors because it was recorded electronically. We trace the errors in the system records/reports and based it from the one who made such errors. The important thing is, every employee in our library has its own and unique identification username and password to determine one from another. The word electronic may really differ in other fields of profession like the idea of a librarian to the lawyers’ perception but the bottom line is, thanks to have these rules that should be implemented and observed strictly as well so that we can give credence to justice here in our country.