Ephemeral Electronic Communications

AT A GLANCE

In Tuazon v. Dela Cruz, A.C. No. 14000, July 8, 2025, the Supreme Court held that the submitted screenshots of the text messages exchanged between complainant and respondent were held as admissible evidence. The complainant’s testimony, as a party to the exchange of text messages, was deemed sufficient to prove the contents thereof. Upon this point, this Court echoes that ephemeral electronic communications are admissible evidence, subject to authentication set forth in the Rules on Electronic Evidence.

Under A.M. No. 01-7-01 or the Rules on Electronic Evidence, Rule 2, Section 1(k) states that “Ephemeral electronic communication” refers to telephone conversations, text messages, chatroom sessions, streaming audio, streaming video, and other electronic forms of communication the evidence of which is not recorded or retained.

Are They Admissible in Evidence?

Yes. Section 1 of Rule 11 of the Rules on Electronic Evidence governs the admissibility of audio, video, and ephemeral electronic communications, and provides:

“SECTION 1. Audio, video, and similar evidence. — Audio, photographic and video evidence of events, acts or transactions shall be admissible provided it shall be shown, presented or displayed to the court and shall be identified, explained or authenticated by the person who made the recording or by some other person competent to testify on the accuracy thereof. 

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