Philippine Bar review · Question

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

Multiple Choice Easy

Practice question

Who ordinarily bears the burden of proving the authenticity of an electronic document offered as authentic?
  1. The judge must invent the foundation.
  2. The opposing party must always authenticate it for the offeror.
  3. The person seeking to introduce it.
  4. Only the internet service provider in every case.
  5. No one, because digital files cannot be altered.

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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