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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

AT A GLANCE:

In Tuazon v. Dela Cruz, A.C. No. 14000, July 8, 2025, the Supreme Court held that the submitted screenshots of the text messages exchanged between complainant and respondent were held as admissible evidence. The complainant’s testimony, as a party to the exchange of text messages, was deemed sufficient to prove the contents thereof. Upon this point, this Court echoes that ephemeral electronic communications are admissible evidence, subject to authentication set forth in the Rules on Electronic Evidence.

Under A.M. No. 01-7-01 or the Rules on Electronic Evidence, Rule 2, Section 1(k) states that “Ephemeral electronic communication” refers to telephone conversations, text messages, chatroom sessions, streaming audio, streaming video, and other electronic forms of communication the evidence of which is not recorded or retained.

Are They Admissible in Evidence?

Yes. Section 1 of Rule 11 of the Rules on Electronic Evidence governs the admissibility of audio, video, and ephemeral electronic communications, and provides:

“SECTION 1. Audio, video, and similar evidence. — Audio, photographic and video evidence of events, acts or transactions shall be admissible provided it shall be shown, presented or displayed to the court and shall be identified, explained or authenticated by the person who made the recording or by some other person competent to testify on the accuracy thereof. 

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A recording of the telephone conversation or ephemeral electronic communication shall be covered by the immediately preceding section.

If the foregoing communications are recorded or embodied in an electronic document, then the provisions of Rule 5 shall apply.”

In Giovanni Santos Purugganan v. People of the Philippines, G.R. No. 251778, February 22, 2023, the Supreme Court ruled that text messages, the evidence of which is not recorded or retained, qualifies as ephemeral electronic communication under Section 1(K), Rule 2 of the Rules on Electronic Evidence.

In the case of Ella M. Bartolome v. Rosalie B. Maranan, A.M. No. P-11-2979 (Formerly OCA IPI No.  10-3352-P), November 18, 2014, the Court likewise held that ephemeral electronic communications are admissible evidence subject to the conditions set forth in Section 2, Rule 11 of the Rules on Electronic Evidence. 

How are they proven?

Ephemeral electronic communications shall be proven by the testimony of a person who was a party to the same or has personal knowledge thereof. In the absence or unavailability of such witnesses, other competent evidence may be admitted. (Section 2, A.M. No. 01-7-01)

Similarly, in People of the Philippines v. Noel Enojas y Hingpit, et al., G.R. No. 204894, March 10, 2014, the Supreme Court ruled that text messages are to be proved by the testimony of a person who was a party to the same or has personal knowledge of them. 

In Tuazon v. Dela Cruz, A.C. No. 14000, July 8, 2025, the Supreme Court held that the submitted screenshots of the text messages exchanged between complainant and respondent were held as admissible evidence. The complainant’s testimony, as a party to the exchange of text messages, was deemed sufficient to prove the contents thereof. Upon this point, this Court echoes that ephemeral electronic communications are admissible evidence, subject to authentication set forth in the Rules on Electronic Evidence.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.

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