"UPHOLDING RULE OF LAW" - "AQUINO CAN RUN...BUT YOU CAN'T HIDE"!

This I Find So Hard To Believe, That SMART COMMUNICATIONS Can't Retrieve SMS Text Messaging Record Data, Consistent With The Memorandum dated 18 June 2001 of the Committee on the Revision of the Rules of Court to Draft the rules on E-Commerce Law [R.A. No. 8792]submitting the Rules on Electronic Evidence for this Court’s consideration and approval, the Court Resolved to APPROVED the same" ;-

WHEREAS;- (g) “Electronic Data Message” refers to information generated, sent, received or stored by electronic, optical or similar means.;-

WHEREAS;- (h) “Electronic document” refers to information or the representation of information, data, figures, symbols or other modes of written expression, described or however represented, by which a right is established or an obligation extinguished, or by which a fact may be proved and affirmed, which is received, recorded, transmitted, stored processed, retrieved or produced electronically. It includes digitally signed documents and any print-out or output, readable by sight or other means, which accurately reflects the electronic data message or electronic document. For purposes of these Rules, the term “electronic document” may be used interchangeably with electronic data message”. AND;-

WHEREAS;- SEC. 2. Admissibility. – An electronic document is admissible in evidence if it complies with the rules on admissibility prescribed by the Rules of Court and related laws and is authenticated in the manner prescribed by these Rules"

AND WHEREAS;-
On Aug. 1, 2001, the Rules on Electronic Evidence (REE) went into effect.
The REE applies whenever a piece of electronic data message or electronic evidence is offered or used as evidence.
“Electronic data message” refers to information generated, sent, received or stored by electronic, optical or similar means.
“Electronic document” refers to information or the representation of information, data, figures, symbols or other modes of written expression, described or however represented, by which a right is established or an obligation extinguished, or by which a fact may be proved and affirmed, which is received, recorded, transmitted, stored, processed, retrieved or produced electronically.
Electronic documents include digitally signed documents and any printout or output, readable by sight or other means, which accurately reflects the electronic data message or electronic document.;-

For purposes of the REE, electronic document is the same as electronic data message.;-

Some examples of electronic data message or electronic evidence are files in computer hard drives and diskettes, computer printouts, text messages (SMS), Facebook chats, multimedia messages (MMS) and CCTV footage.
Coverage;-

When the REE first went into effect, its applicability was limited to “civil actions and proceedings, as well as quasi-judicial and administrative cases.” (Section 1, Rule 1).;-

Notably, criminal cases were excluded from the coverage of the REE.
However, about a year thereafter, or on Sept. 24, 2002, the Supreme Court issued a resolution expanding the coverage of the REE to criminal cases. The resolution amended Section 1, Rule 1 of the REE as follows;-

WHEREAS;- “SEC. 2. Cases covered.—These Rules shall apply to all criminal and civil actions and proceedings, as well as quasi-judicial and administrative cases.”;-

WHEREAS;- The amendment took effect on October 14, 2002 following its publication in the Manila Bulletin, a newspaper of general circulation, on Sept. 27, 2002.;-

AND WHEREAS;- """Digital Forensics can be used by NBI to retrieve the deleted text messages from your mobile device"""!!!