2020-21 Procedure and Professional Ethics, Q8

Is the printout of a photograph from your mobile phone showing a fly in the soup you ordered as admissible evidence in an action for damages against the restaurant owner? Explain briefly.

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What classification is given under Rule 130 to a printout of data stored in a computer or mobile phone that accurately reflects the stored data?

Under the Rules on Electronic Evidence, how is a digital photograph stored in a mobile phone properly authenticated in court?

Does a mobile phone qualify as a device similar to a computer under Section 4(a), Rule 130 of the Rules of Court?

What rule governs the admissibility of electronic documents and digital photographic evidence in Philippine courts?

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In an action for damages against a restaurant owner, what is required for a photograph of contaminated food to be admitted?

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1. Original Document Rule
Under Section 4(a), Rule 130 of the Revised Rules on Evidence, when data is stored in a computer or similar electronic device, any printout or output readable by sight that is shown to reflect the data accurately is treated as an original document. A smartphone or mobile camera functions as a device similar to a computer under the rules. Consequently, printing a digital photograph stored on a mobile phone creates a duplicate or original printout that satisfies the original document rule for evidentiary purposes in civil actions.

2. Electronic Evidence Rules
Under the Rules on Electronic Evidence (A.M. No. 01-7-01-SC), digital photographs and electronic documents are admissible in evidence provided they are properly authenticated. Authentication requires showing that the photograph accurately reflects the scene or object depicted and presenting testimony from the person who took the picture or any competent witness with personal knowledge. Once authenticated, electronic photographs possess full probative value to establish material facts, such as the presence of foreign objects in food in tort or breach of contract suits.

3. Authentication of Photographs
To establish the admissibility of a printed photograph in court, the offering party must present a competent witness to testify to its fidelity and accuracy. The witness need not be a expert technician or professional photographer; any person present when the photograph was taken who can verify that it faithfully portrays the subject matter can authenticate it. Proper authentication transforms the printed photograph into competent visual evidence, enabling the trial court to assess damages and establish liability against a negligent restaurant proprietor.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026