Press Release
February 9, 2009

SENATE WILL ADMIT ELECTRONIC PROOF

Sen. Miriam Defensor Santiago, chair of the economic affairs committee, said that she will apply the rules on electronic evidence, which are exempt from the hearsay rule, at the hearing scheduled for this Thursday, 12 February, on the World Bank scandal blacklisting three Filipino contracting firms.

Santiago said that under the law, an electronic document refers to information by which a fact may be proved, which is transmitted electronically, including digitally sent documents and any printout or output.

She said that electronic evidence also includes audio and video evidence, but in all cases the evidence has to be authenticated by the person who made the recording, or by some other person competent to testify on its accuracy.

"Under the Rules of Court, an electronic document, including a computer printout, is admissible in evidence, if it complies with the rules on admissibility, and is authenticated," she said.

Santiago said she will admit even online documents purporting to be part of World Bank records, provided that they are authenticated by digital signature, by Supreme Court-authorized security procedures, or by other evidence showing their integrity and reliability.

"Since the World Bank has refused to give me a complete set of its documents on the blacklisting, I am obliged to apply the rules on electronic evidence since they are considered as the functional equivalent of paper-based documents, unless a privileged communication is involved," she said.

Santiago said that under the law, the hearsay rule does not apply to electronic evidence, provided that they are authenticated by the custodian or other qualified witness.

"The law presumes that electronic evidence is admissible, but the presumption may be overcome by evidence of the untrustworthiness of the source of information or the method of its transmission by computer," she said.

The senator also said that the admissibility and evidentiary weight of an electronic document should be established by an affidavit stating facts of direct personal knowledge of the reporter, or based on authentic records.

The economic affairs committee has invited to the hearing Ariel Rufo, reporter of ABS-CBN.news/newsbreak, who wrote the internet report that a World Bank document implicates the First Gentleman and other former public officials in the crime of collusion.

Santiago also said that if the First Gentleman prefers to submit evidence by means of deposition, he can choose whether the deposition should be made from oral or written questions.

"If the First Gentleman proves that there is just cause for him to be excused from making personal appearance at the hearing, I will grant a motion to depose him. I will direct the Senate TV crew to preserve the process on video evidence. Thus, the video could be authenticated by the Senate cameraman," Santiago said.

Santiago , was absent from the Senate yesterday (February 9) because of chronic fatigue, which she said rendered her short of breath.

"While the chronic fatigue continues, I am advised to limit my exertions. I was busy in the morning giving phone interviews to the media. After lunch, I no longer had enough energy left to withstand the two-hour trip to and from the Senate," she said.

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