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Text of the page (random words):
he veracity of such report based on the ciu s investigation of all the cmr receipts and slot machine jackpot slips issued by cf hyatt for the months of february and march 2007 the ciu identified the members of the syndicate who were responsible for such cmr padding which included herein petitioner on may 4 2007 the ciu served petitioner with a memorandum of charges for dishonesty serious misconduct fraud and violation of office rules and regulations which were considered grave offenses where the penalty imposable is dismissal on august 4 2007 petitioner received a letter dated august 2 2007 from atty lizette f mortel managing head of pagcor s human resource and development department dismissing him from the service on september 14 2007 petitioner filed with the csc a complaint against pagcor and its chairman efraim genuino for illegal dismissal non payment of backwages and other benefits alleging among others that he sent a facsimile transmission of his letter reconsideration within the period prescribed by the uniform rules on administrative cases in the civil service respondent pagcor filed its comment wherein it alleged among others that petitioner failed to perfect an appeal within the period and manner provided by the uniform rules on administrative cases in the civil service law on june 23 2008 the csc treating petitioner s complaint as an appeal from the pagcor s decision dismissing petitioner from the service issued resolution no 081204 denying petitioner s appeal petitioner filed with the ca a petition for review under rule 43 of the rules of court seeking to set aside the twin resolutions issued by the csc issue whether or not the civil service commission erred in ruling that there was no valid letter motion for reconsideration submitted to reconsider petitioner s dismissal from the service ruling in dismissing the petition the ca found that petitioner failed to adduce clear and convincing evidence that he had filed a motion for reconsideration it found insufficient to merit consideration petitioner s claim that he had sent through a facsimile transmission a letter reconsideration dated august 13 2007 addressed to pagcor s chairman members of the board of directors and the merit systems protection board that assuming arguendo that a letter reconsideration was indeed sent through a facsimile transmission such facsimile transmission is inadmissible as electronic evidence under the electronic commerce act of 2000 and that a review of the csc assailed resolution revealed that the telephone numbers where petitioner claimed to be the recipient of the faxed document sent was not that of pagcor s office of board of directors petitioner contends that he filed his letter reconsideration of his dismissal on august 13 2007 which was within the 15 day period for filing the same and that he did so by means of a facsimile transmission sent to the pagcor s office of the board of directors he claims that the sending of documents thru electronic data message which includes facsimile is sanctioned under republic act no 8792 the electronic commerce act of 2000 clearly a motion for reconsideration may either be filed by mail or personal delivery in garvida v sales jr we found inadmissible in evidence the filing of pleadings through fax machines and ruled that x x x a facsimile is not a genuine and authentic pleading it is at best an exact copy preserving all the marks of an original without the original there is no way of determining on its face whether the facsimile pleading is genuine and authentic and was originally signed by the party and his counsel it may in fact be a sham pleading x x x moreover a facsimile transmission is not considered as an electronic evidence under the electronic commerce act in mcc industrial sales corporation v ssangyong corporation we determined the question of whether the original facsimile transmissions are electronic data messages or electronic documents within the context of the electronic commerce act and we said we therefore conclude that the electronic data message and electronic document as defined under the electronic commerce act of 2000 do not include a facsimile transmission accordingly a facsimile transmission cannot be considered as electronic evidence it is not the functional equivalent of an original under the best evidence rule and is not admissible as electronic evidence wherefore the petition is denied the decision dated april 22 2010 and the resolution dated july 30 2010 of the court of appeals are hereby affirmed posted by francis at 10 01 am 0 comments labels case digest zaldy nuez vs elvira cruz apao a m no ca 05 18 p april 12 2005 per curiam en banc facts the complaint arose out of respondent s solicitation of one million pesos p1 000 000 00 from zaldy nuez complainant in exchange for a speedy and favorable decision of the latter s pending case in the ca more particularly ca g r sp no 73460 entitled pagcor vs zaldy nuez complainant initially lodged a complaint with the action center of the television program imbestigador of gma network the crew of which had accompanied him to the presidential anti organized crime commission special projects group paocc spg in malacañang where he filed a complaint for extortion against respondent this led to the conduct of an entrapment operation by elements of the presidential anti organized crime task force paoctf on 28 september 2004 at the jollibee restaurant 2nd floor times plaza bldg corner taft and united nations avenue manila the place where the supposed hand over of the money was going to take place complainant s case referred to above had been pending with the ca for more than two years desiring an expeditious decision of his case complainant sought the assistance of respondent sometime in july 2004 after learning of the latter s employment with the ca from her sister magdalena david during their first telephone conversation and thereafter through a series of messages they exchanged via sms complainant informed respondent of the particulars of his pending case at the meeting place complainant respondent and siringan negotiated for almost one hour complainant and siringan bargained for a lower price but respondent refused to accede when respondent finally touched the unsealed envelope to look at the money inside the paoctf agents converged on her and invited her to the western police district wpd headquarters at united nations avenue for questioning thereafter an administrative case was filed against the respondent issue whether or not the exchange of text messages between respondent and complainant may be used as evidence in an administrative case ruling 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 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 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 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 by soliciting the amount of one million pesos p1 000 000 00 from complainant respondent committed an act of impropriety which immeasurably affects the honor and dignity of the judiciary and the people s confidence in it in view of the facts narrated above and taking into account the applicable laws and jurisprudence the committee in their report recommended that respondent be dismissed from government service for grave misconduct and violation of sections 1 and 2 canon 1 of the code of conduct for court personnel wherefore premises considered respondent elvira cruz apao is found guilty of grave misconduct and violation of sections 1 and 2 of the code of conduct for court personnel and is accordingly dismissed from government service with prejudice to re employment in any branch instrumentality or agency of the government including government owned and controlled corporations her retirement and all benefits except accrued leave credits are hereby forfeited posted by francis at 10 01 am 0 comments labels case digest national power corp vs hon ramon g codilla jr et al g r no 170491 april 4 2007 chico nazario j third division facts m v dibena win a vessel of foreign registry owned and operated by private respondent bangpai shipping co allegedly bumped and damaged petitioner s power barge 209 which was then moored at the cebu international port petitioner filed before the cebu rtc a complaint for damages petitioner later impleaded herein private respondent wallem shipping inc as additional defendant petitioner after adducing evidence during the trial of the case filed a formal offer of evidence consisting of exhibits a to v together with the sub marked portions thereof consequently private respondents filed their respective objections to petitioner s formal offer of evidence the court found merit in the objections raised and the motion to strike out filed respectively by the defendants it denied admission of petitioner s exhibits a c d e h i j k l m n o p q r and s on the ground that the pieces of documentary evidence were merely photocopies of purported documents or papers the record shows that the plaintiff has been given every opportunity to present the originals of the xerox or photocopies of the documents it offered it never produced the originals the plaintiff attempted to justify the admission of the photocopies by contending that the photocopies offered are equivalent to the original of the document on the basis of the electronic evidence further the xerox or photocopies offered were not properly identified by any competent witness and the loss of the principals thereof was not established by any competent proof issue whether or not the photocopies offered as formal evidence before the trial court are the functional equivalent of their original based on the petitioner s inimitable interpretation of the rules on electronic evidence ruling the instant petition was denied the decision of the court of appeals was affirmed the rules use the word information to define an electronic document received recorded transmitted stored processed retrieved or produced electronically this would suggest that an electronic document is relevant only in terms of the information contained therein similar to any other document which is presented in evidence as proof of its contents however what differentiates an electronic document from a paper based document is the manner by which the information is processed clearly the information contained in an electronic document is received recorded transmitted stored processed retrieved or produced electronically a perusal of the information contained in the photocopies submitted by petitioner will reveal that not all of the contents therein such as the signatures of the persons who purportedly signed the documents may be recorded or produced electronically by no stretch of the imagination can a person s signature affixed manually be considered as information electronically received recorded transmitted stored processed retrieved or produced hence the argument of petitioner that since these paper printouts were produced through an electronic process then these photocopies are electronic documents as defined in the rules on electronic evidence is obviously an erroneous if not preposterous interpretation of the law having thus declared that the offered photocopies are not tantamount to electronic documents it is consequential that the same may not be considered as the functional equivalent of their original as decreed in the law furthermore no error can be ascribed to the court a quo in denying admission and excluding from the records petitioner s exhibits the trial court was correct in rejecting these photocopies as they violate the best evidence rule and are therefore of no probative value being incompetent pieces of evidence when the original document has been lost or destroyed or cannot be produced in court the offeror upon proof of its execution or existence and the cause of its unavailability without bad faith on his part may prove its contents by a copy or by a recital of its contents in some authentic document or by the testimony of witnesses in the order stated the offeror of secondary evidence is burdened to prove the predicates thereof a the loss or destruction of the original without bad faith on the part of the proponent offeror which can be shown by circumstantial evidence of routine practices of destruction of documents b the proponent must prove by a fair preponderance of evidence as to raise a reasonable inference of the loss or destruction of the original copy and c it must be shown that a diligent and bona fide but unsuccessful search has been made for the document in the proper place or places however in the case at bar though petitioner insisted in offering the photocopies as documentary evidence it failed to establish that such offer was made in accordance with the exceptions as enumerated under the abovequoted rule accordingly we find no error in the order of the court a quo denying admissibility of the photocopies offered by petitioner as documentary evidence posted by francis at 10 00 am 0 comments labels case digest sinforoso p ang vs arniel e cruz a m no p 04 1822 february 6 2006 carpio j third division facts sinforoso p ang complainant stated that he filed a petition for the exercise of substitute parental authority over minor roumeina lyn felize sta maria yza against oppositors may lyn g sta maria erlina sta maria and christopher sta maria oppositors presiding judge evelyn l dimaculangan querijero issued an order directing deputy sheriff angelito b annang sheriff annang to take custody of yza from her maternal grandmother erlina sta maria and entrust her temporary c...