Philippine Bar review · Question

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

Multiple Choice Easy

Practice question

How may an unrecorded ephemeral telephone communication ordinarily be proved under Rule 11 section 2?
  1. By a party to the communication or a person with personal knowledge, with the Rule’s alternative for absent or unavailable witnesses.
  2. Only by an audio file that never existed.
  3. Only by a rumor from an unknown stranger.
  4. Only by the phone manufacturer.
  5. It can never be proved without a recording.

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.

Answer this question in flashcards to review your response and continue practicing.