Philippine Bar review · Question

Practice question: Electronic Evidence (AM 01-7-01-SC)

Multiple Choice Hard

Practice question

A party proves authentication of an electronic signature and asserts that the resulting Rule 6 presumptions are irrebuttable even against contrary evidence. Is that correct?
  1. Yes, authentication conclusively ends the entire case.
  2. No; Rule 6 expressly describes the signature presumptions as disputable, and weight remains for judicial evaluation.
  3. Yes, no computer process can malfunction.
  4. No; electronic signatures have no possible legal effect.
  5. Yes, the opponent forfeits every defense by seeing the signature.

Legal references

  • https://lawphil.net/courts/supreme/am/am_01-7-01_sc_2001.html — Rules on Electronic Evidence, Rules 3–7 and 11: admissibility, authentication, accurate outputs, signatures and ephemeral communications.
  • https://lawphil.net/judjuris/juri2014/mar2014/gr_204894_2014.html — People v. Enojas, G.R. 204894, March 10, 2014, main opinion and notes 15–16: September 24, 2002 expansion to criminal cases and ephemeral communications.
  • https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html — Rule 130 section 4: accurate readable computer outputs and duplicates.

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