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facebook private message as evidence?

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1 facebook private message as evidence? on Wed Jun 15, 2011 6:25 pm

Gyro29


Arresto Menor
Good day,

i would like to ask if personal messages in facebook are acceptable as evidence?

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2 Re: facebook private message as evidence? on Thu Jun 16, 2011 6:02 pm

attyLLL


moderator
yes, it can be under the elctronic evidence rule, and if you are either the recipient or sender.


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3 Re: facebook private message as evidence? on Sat Jun 18, 2011 12:27 am

Gyro29


Arresto Menor
thank you atty for your reply.
I'm planning to use the facebook exchanges and cellphone text messages we had as evidence for estafa but some people i asked for advise said that i may still have to prove that the facebook account that she used is really hers especially since she deleted her account already.Before she deleted it though, i saved snapshots of our exchanges as well as the emails automatically routed to my yahooaccount . They said that i would still need an IT expert to really prove that it was hers in the first place.Is this true atty?

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4 Re: facebook private message as evidence? on Sat Jun 25, 2011 4:51 pm

attyLLL


moderator
there are ways to authenticate under the electronic evidence rule. those forwarded messages to your yahoo account will be good evidence.

it is when she denies that she owns the account where it can be difficult. what you can show is that the account has been long standing and other people will attest that it is her account.


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5 Re: facebook private message as evidence? on Thu Jun 30, 2011 5:32 pm

Gyro29


Arresto Menor
thank you atty

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6 Re: facebook private message as evidence? on Thu Jun 30, 2011 6:09 pm

Gyro29


Arresto Menor
atty,

from the response of the other party to our demand letter, it seems that they are not contesting the authenticity of our conversations through facebook.

However atty, the reason for our intent to file a case against them is that they sold us a designer travelling bag that was an obvious fake which they adamantly maintain to be real.
They told us that for the item to be considered fake, we must have a certification from the manufacturer that it really is not real. We believe that they are letting us run into a dead end because when we went to the item's only outlet in the Philippines ,the manufacturer said that they do not issue certifications of authenticity or non-authenticity especially if it wasn't purchased from them.
Instead of getting a certification from the manufacturer, can we ask the DTI for help to ask this manufacturer to issue a criteria as to what makes an item real? with this we hope to point out the glaring differences between what should be present and what is actually found in the item.

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7 Re: facebook private message as evidence? on Thu Jul 07, 2011 12:01 am

attyLLL


moderator
try to write an email to the company which makes the bags and report what the local outlet told you and request for a certification.


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