2018 REMEDIAL LAW
By evidence that it had been digitally signed by the person purported to have signed the same;
By evidence that other appropriate security procedures or devices as may be authorized by the
Supreme Court or by law for authentication of electronic documents were applied to the document;
By other evidence showing its integrity and reliability to the satisfaction of the judge
(Sec. 2, Rule 5).
Sec. 2, Rule 5 applies only when the document is a private electronic document and when it is
offered as authentic. It is not applicable when the electronic document is offered simply for what it is
or for what it is claimed to be without regard to whether or not it is authentic
(Riano, Evidence: A Restatement
for the Bar, p. 180, 2009 ed).
How can an electronic or digital signature be authenticated?
By evidence that a method or process was utilized to establish a digital signature and verify the
By any other means provided by law; or
By any other means satisfactory to the judge as establishing the genuineness of the electronic
(Sec. 2, Rule 6).
State the Parole Evidence Rule.
The parole evidence rule is a rule which states that when the terms of an agreement have been reduced
to writing, it is considered as containing all the terms agreed upon, and there can be between the
parties and their successors in interest, no evidence of such terms other than the contents of the
written agreement. It seeks to preserve what the parties have reduced in writing and prohibits evidence
alliunde or oral testimonial evidence from being presented to vary the terms of, or add stipulations to,
the written agreement. In other words, any oral evidence of an agreement should be excluded when
the existing agreement is already in writing.
(Gaw vs. IAC, G.R. No. 70451. March 24, 1993). (Congregations of the
Religious of the Virgin Mary vs. CA, G.R. No. 126363. June 26, 1998).
What are the exceptions to Parole Evidence Rule?
A party may present evidence to modify, explain or add to the terms of the written agreement if
puts in issue in his pleadings
1. An intrinsic ambiguity, mistake or imperfection in the written agreement;
2. Failure of the written agreement to express the true intent of the parties thereto;
3. Validity of the written agreement; or
4. Existence of other terms agreed to by the parties or their successors in interest after the
execution of the written agreement
(Section 9, Rule 130).
State the qualifications of a witness.
As provided under Section 20, Rule 130, All persons who:
Have the capacity to observe (Perceive)
Have the capacity to recall or remember(Perceiving);
Can communicate (can make known their perception to others)
As additional requirement, a witness must: