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Free Legal Advice Philippines » FREE LEGAL ADVICE » FAMILY AND MARRIAGE » can a text message can be used as proof of evidence?

can a text message can be used as proof of evidence?

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rhean


Arresto Menor
i receive a text message from a friend stating "malicious statement" against me. can i sue her for this?

can this be presented in the fiscal or prosecutor as proof of evidence directly? i never erased it to let it know that text came from her.

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attyLLL


moderator
that can be unjust vexation. it has to be filed within 2 months


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edisonquin


Arresto Menor


[A.M. No. CA-05-18-P. April 12, 2005]

ZALDY NUEZ, complainant, vs. ELVIRA CRUZ-APAO, respondent.


xxx Complainant was able to prove by his testimony in conjunction with the text messages from respondent duly presented before the Committee that the latter asked for One Million Pesos (P1,000,000.00) in exchange for a favorable decision of the former’s pending case with the CA. The text messages were properly admitted by the Committee since the same are now covered by Section 1(k), Rule 2 of the Rules on Electronic Evidence[65] which provides:

“Ephemeral electronic communication” refers to telephone conversations, text messages . . . and other electronic forms of communication the evidence of which is not recorded or retained.”

Under Section 2, Rule 11 of the Rules on Electronic Evidence, “Ephemeral electronic communications shall be proven by the testimony of a person who was a party to the same or who has personal knowledge thereof . . . .” In this case, complainant who was the recipient of said messages and therefore had personal knowledge thereof testified on their contents and import. Respondent herself admitted that the cellphone number reflected in complainant’s cellphone from which the messages originated was hers.[66] Moreover, any doubt respondent may have had as to the admissibility of the text messages had been laid to rest when she and her counsel signed and attested to the veracity of the text messages between her and complainant.[67] It is also well to remember that in administrative cases, technical rules of procedure and evidence are not strictly applied.[68] We have no doubt as to the probative value of the text messages as evidence in determining the guilt or lack thereof of respondent in this case.xxx....

For clarification please read the full text of the case.

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RC_lair


Arresto Menor
hello po attyLLL, ano po ibig sabihin ng "unjust vexation"? sorry po need ko lang po talaga maintindihan..

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wolverine2

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lawyer
Ang ibig sabihin po ng "unjust vexation" ay hindi makatarungan na pang-iinis o pambubuwisit. sifone

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rhean


Arresto Menor
attyLLL, salamat po and wolverine..

may na send kasi ako na reply sa kanya that i forgiven here don sa text message pero i didnt mean it, pwede po ba un i present nya sa court if ever po i pursue with the case?

may laban p kaya ako don?

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ampness


Arresto Menor
hello po! i have my fiance who has kids. his ex is pestering me. such as susugurin ako at iiskandaluhin can i file case againts her?

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Rosito Ebol Jr.


Arresto Menor
Good noon Sir, the context of my problem involves barangay boundaries. Unfortunately, almost 60 hectares of our barangay lots were delineated in favor of our neighboring barangay. Only approximately eight percent had decided by our local court on 2009 and we brought it back to the Sangguniang Bayan immediately, but no settlement until now. May I just want to ask if those original or oldest tax declarations of lot can be used as strong evidences to contest a cadastral survey on 2004? What else can we use as evidences to resolved the problem? thanks Sir and more power...

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attyLLL


moderator
rhean, i believe your case can still prosper, but note you only have 2 months to file it.

ampness and rosito, please start your own threads in the proper topic


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rhean


Arresto Menor
attyLLL, i took a picture of her text from y celfone baka kasi mabura ko sa cel..
ang sabi ng iba wala daw transcribe ang prepaid di kagaya sa post paid.. totoo po ba un?

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attyLLL


moderator
you have to show the original text message in your cellphone. you have to prove who sent the message.


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maylyn adarlo


Arresto Menor
can a text message confirming relationship with a married person can be used as an evidence?

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attyLLL


moderator
it can be accepted into evidence, but by itself, it will not necessarily be sufficient.


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mdventura

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Reclusion Temporal
This is depends on the situation. Like here in US or in UK for example sim card are registered to the buyers name. If you can prove that he/she is the owner of that number who texted you then you can use it as evidence. In your case in your country where you can buy sim card easily without the proper registration or can be use it as disposable sim card, there is no way they can prove it if the suspect really owns that number or you just created it yourself just to frame up this person. I am not saying you are, but this is not easy to prove.

rhean wrote:i receive a text message from a friend stating "malicious statement" against me. can i sue her for this?

can this be presented in the fiscal or prosecutor as proof of evidence directly? i never erased it to let it know that text came from her.

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maylyn adarlo


Arresto Menor
what case can be filed in falsification of document such as creating i.D. with different identity. and applying police clearance with different identity also.

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attyLLL


moderator
illegal use of false name/alias, falsification,


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mdventura

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Reclusion Temporal
What if the person is just following the documents that was given to him by the person who created this new identity for him since he was little? Would he be charge for falsification? or the person who created and registered all this new identity? especially the schools registrations is one of the strong evidence as she stand as the guardian and is now extorting the poor child. Evil or Very Mad

attyLLL wrote:illegal use of false name/alias, falsification,

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concepab

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Reclusion Perpetua
maylyn adarlo wrote:what case can be filed in falsification of document such as creating i.D. with different identity. and applying police clearance with different identity also.

Illegal use of alias.

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attyLLL


moderator
md, it has to be deliberate for a charge to prosper


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mdventura

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Reclusion Temporal
I see so the charges for falsification will not prosper! But the obstruction of justice will prosper for sure because it was deliberate, as they said they will block her to pursue the case against the killers because they have all the necessary documents and evidence so they will make it impossible for her to get justice for her son.

attyLLL wrote:md, it has to be deliberate for a charge to prosper

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attyLLL


moderator
violation of anti alias law


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