5. Weight of Electronic Documents (AM 01-7-01-SC, Rule 7)

E. Rules on Electronic Evidence (A.M. No. 01-7-01-SC)

PROBATIVE VALUE OF ELECTRONIC EVIDENCE OR EVIDENTIARY WEIGHT; METHOD OF PROOF

Factors in Determining Evidentiary Weight of Electronic Evidence (REE, Rule 7, Secs. 1-2)

In assessing the evidentiary weight of an electronic document, the following factors may be considered: (REE, Rule 7, Sec. 1)

• The reliability of the manner or method in which it was generated, stored or communicated, including but not limited to input and output procedures, controls, tests and checks for accuracy and reliability of the electronic data message or document, in the light of all the circumstances as well as any relevant agreement;
• The reliability of the manner in which its originator was identified;
• The integrity of the information and communication system in which it is recorded or stored, including but not limited to the hardware and computer programs or software used as well as programming errors;
• The familiarity of the witness or the person who made the entry with the communication and information system;
• The nature and quality of the information which went into the communication and information system upon which the electronic data message or electronic document was based; or
• Other factors which the court may consider as affecting the accuracy or integrity of the electronic document or electronic data message.

In any dispute involving the integrity of the information and communication system in which an electronic document or electronic data message is recorded or stored, the court may consider, among others, the following factors: (REE, Rule 7, Sec. 2)

• Whether the information and communication system or other similar device was operated in a manner that did not affect the integrity of the electronic document, and there are no other reasonable grounds to doubt the integrity of the information and communication system;
• Whether the electronic document was recorded or stored by a party to the proceedings with interest adverse to that of the party using it; or
• Whether the electronic document 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 it.