Philippine Bar review · Question

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

Multiple Choice Easy

Practice question

After the 2002 expansion recognized in Enojas, are the Rules on Electronic Evidence categorically confined to civil and administrative cases?
  1. Yes, criminal cases are always excluded.
  2. No; coverage includes criminal as well as civil actions and proceedings and the specified other cases.
  3. Yes, unless a prosecutor personally waives the Constitution.
  4. No; therefore every electronic item is automatically admissible.
  5. Yes, electronic evidence can never be used in a criminal trial.

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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