30/07/2019 Republic Act No. 8792 | Official Gazette of the Republic of the Philippines (a) By evidence that at all material times the information and communication system or other similar device was operating in a manner that did not affect the integrity of the electronic data message or electronic document, and there are no other reasonable grounds to doubt the integrity of the information and communication system; (b) By showing that the electronic data message or electronic document was recorded or stored by a party to the proceedings who is adverse in interest to the party using it; or (c) By showing that the electronic data message or electronic document was recorded or stored in the usual and ordinary course of business by a person who is not a party to the proceedings and who did not act under the control of the party using the record. SECTION 12(12). Admissibility and Evidential Weight of Electronic Data Messages or Electronic Documents. — In any legal proceedings, nothing in the application of the rules on evidence shall deny the admissibility of an electronic data message or electronic document in evidence — a. On the sole ground that it is in electronic form; or b. On the ground that it is not in the standard written form, and the electronic data message or electronic document meeting, and complying with the requirements under Sections 6 or 7 hereof shall be the best evidence of the agreement and transaction contained therein. In assessing the evidential weight of an electronic data message or electronic document, the reliability of the manner in which it was generated, stored or communicated, the reliability of the manner in which its originator was identi ed, and other relevant factor shall be given due regard. SECTION 13(13). Retention of Electronic Data Message or Electronic Document. — Notwithstanding any provision of law, rule or regulation to the contrary — (a) The requirement in any provision of law that certain documents be retained in their original form is satis ed by retaining them in the form of an electronic data message or electronic document which — i. Remains accessible so as to be usable for subsequent reference; ii. Is retained in the format in which it was generated, sent or received, or in a format which can be demonstrated to accurately represent the electronic data message or electronic document generated, sent or received; iii. Enables the identi cation of its originator and addressee, as well as the determination of the date and the time it was sent or received. https://www.officialgazette.gov.ph/2000/06/14/republic-act-no-8792-s-2000/ 7/20

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