The Philippine IT Law Journal

In This Issue

• “Hacking” the Mercantile Law Bar Exam Questions
by Michael Vernon M. Guerrero
• Editorial
by Dean Mariano Magsalin Jr.
• Electronic Authentication System: A Breakthrough in Notarization
by Ma. Cristina A. Ramos
• The Philippine Rules on Electronic Evidence: An Outline
by Jaime N. Soriano
• Jurisprudence in CyberLaw
by Jaime N. Soriano
• Optical Media Act : A Panacea to Piracy
by Ailyn L. Cortez
• The Domain Name System (DNS) and Administering the root ccTLD .ph
by Michael Vernon M. Guerrero
• Spamming the World
by Charilyn A. Dee
• A Synopsis of the e-Commerce Law
by Jaime N. Soriano
• Overview of Selected Legal and Regulatory Issues in Electronic Commerce
by Jaime N. Soriano
• Lexicon of CyberLaw Terminology
• 91 New Lawyers from the Arellano University School of Law
• [ LegalWeb ] Lawphil.net: A step in the right direction
by Carlyn Marie Bernadette C. Ocampo-Guerrero and Michael Vernon M. Guerrero
• Digital Law & the Imperatives of the e-Law Center
by Jaime N. Soriano
• The Birth of the IT Law Society
by Carlyn Marie Bernadette C. Ocampo-Guerrero

Editorial Board

• Atty. Jaime N. Soriano, CPA, MNSA; Chairman

• Ailyn L. Cortez
• Charilyn A. Dee
• Jhonelle S. Estrada
• Peter Joseph L. Fauni
• Carlyn Marie Bernadette C. Ocampo-Guerrero
• Michael Vernon M. Guerrero
• Ma. Cristina A. Ramos
Contributor-Members

IT Law Society Officers

• Michael Vernon M. Guerrero, President
• Carlyn Marie Bernadette C. Ocampo-Guerrero, Secretary
• Ailyn L. Cortez, Treasurer
• Charilyn A. Dee, Head, Web Development
• Ma. Cristina A. Ramos, Head, Research and Seminar
• Peter Joseph L. Fauni, Head, Publication
• Aileen T. Forteza, Head, Advocacy

[Jurisprudence in CyberLaw]
IBM Philippines Inc., et al. vs. NLRC, et al. (G.R. No. 117221, 13 April 1999, Supreme Court - 2nd Division)
by Jaime N. Soriano

(This section will be a regular feature of the journal to highlight significant cases decided in the Philippines and in foreign jurisdictions relating to information technology)

Facts: IBM Philippines Inc. terminated the employment of Angel D. Israel for habitual absences and tardiness. Alleging that he was dismissed without due process and without just cause, Israel filed a complaint before the National Labor Relations Commission (NLRC).

To prove Israel's habitual absences and tardiness, IBM attached to its position paper print-outs of alleged computer entries or messages sent to Israel through the company's internal computer system to prove the legal basis for the termination and compliance with the notice requirements of procedural due process.

Later, the NLRC ruled in favor of Israel and found his dismissal to be illegal contending that the computer printouts presented in evidence, to prove that Israel's attendance was poor, were insufficient to show that he was guilty of habitual absences and tardiness.

Issue: Whether or not the computer print-outs attached by IBM in its position paper were inadmissible in evidence to prove just cause and due process in the termination of Israel.

Ruling: The Supreme Court refused to recognize the admissibility and evidentiary weight of an unsigned computer print-out of the exchanges of e-mails between the company and the dismissed employee that would have proven the latter's habitual tardiness and absenteeism, without the requisite proof of its authenticity and reliability. The Court said:

"The computer print-outs, which constitute the only evidence of petitioners, afford no assurance of their authenticity because they are unsigned. The decisions of this Court, while adhering to a liberal view in the conduct of proceedings before administrative agencies, have nonetheless consistently required some proof of authenticity or reliability as condition for the admission of documents.

xxx xxx xxx

Not one of the 18 print-out copies submitted by petitioners was ever signed, either by the sender or the receiver. There is thus no guarantee that the message sent was the same message received.

xxx xxx xxx

Neither were the print-outs certified or authenticated by any company official who could properly attest that these came from IBM's computer system or - the data stored in the system were not and/or could not have been tampered with before the some were printed out. xxxx"