Philippine Bar review · Question

Practice question: Business Records made by Electronic, Optical, or Similar Means (AM 01-7-01-SC, Rule 8)

Multiple Choice Hard

Practice question

A company's electronic ledger otherwise meets regular-business requirements. Reliable evidence shows that the data source was fabricated and the storage process materially altered entries. The proponent argues that regular use makes the record immune from challenge. Which answer follows Rule 8?
  1. Regular use makes alteration legally irrelevant
  2. Every company record is conclusive
  3. The presumption may be overcome by the demonstrated untrustworthiness of source or storage circumstances
  4. Only the file extension can be examined
  5. A custodian can forbid any judicial reliability inquiry

Legal references

  • Rules on Electronic Evidence, A.M. No. 01-7-01-SC, Rule 8 Sections 1–2 and Rule 9 Sections 1–2: https://lawphil.net/courts/supreme/am/am_01-7-01_sc_2001.html

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