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    Nuez Vs Cruz-Apao

    Uploaded by

    Nanette Villanueva
    This administrative case involves a complaint of dishonesty and grave misconduct against respondent Elvira Cruz-Apao for allegedly soliciting one million pesos from complainant Zaldy Nuez in exchange for a favorable and speedy decision in his pending Court of Appeals case. The Ad Hoc Committee properly admitted text messages between the two as evidence, as the rules allow ephemeral electronic communications like text messages to be proven by the testimony of a recipient with personal knowledge, which complainant provided. Respondent also admitted the cellphone number in the messages was hers. The court affirmed the text messages were properly admitted evidence in this administrative case.

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    Nuez Vs Cruz-Apao

    Uploaded by

    Nanette Villanueva
    95 views2 pages
    This administrative case involves a complaint of dishonesty and grave misconduct against respondent Elvira Cruz-Apao for allegedly soliciting one million pesos from complainant Zaldy Nuez in exchange for a favorable and speedy decision in his pending Court of Appeals case. The Ad Hoc Committee properly admitted text messages between the two as evidence, as the rules allow ephemeral electronic communications like text messages to be proven by the testimony of a recipient with personal knowledge, which complainant provided. Respondent also admitted the cellphone number in the messages was hers. The court affirmed the text messages were properly admitted evidence in this administrative case.

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    nuez vs. cruz-apao

    Original Title

    Nuez vs Cruz-Apao

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    This administrative case involves a complaint of dishonesty and grave misconduct against respondent Elvira Cruz-Apao for allegedly soliciting one million pesos from complainant Zaldy Nuez in exchange for a favorable and speedy decision in his pending Court of Appeals case. The Ad Hoc Committee properly admitted text messages between the two as evidence, as the rules allow ephemeral electronic communications like text messages to be proven by the testimony of a recipient with personal knowledge, which complainant provided. Respondent also admitted the cellphone number in the messages was hers. The court affirmed the text messages were properly admitted evidence in this administrative case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    95 views2 pages

    Nuez Vs Cruz-Apao

    Uploaded by

    Nanette Villanueva
    This administrative case involves a complaint of dishonesty and grave misconduct against respondent Elvira Cruz-Apao for allegedly soliciting one million pesos from complainant Zaldy Nuez in exchange for a favorable and speedy decision in his pending Court of Appeals case. The Ad Hoc Committee properly admitted text messages between the two as evidence, as the rules allow ephemeral electronic communications like text messages to be proven by the testimony of a recipient with personal knowledge, which complainant provided. Respondent also admitted the cellphone number in the messages was hers. The court affirmed the text messages were properly admitted evidence in this administrative case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    NUEZ VS.

    CRUZ-APAO
    A.M. NO. CA-05-18-P
    April 12, 2005

    FACTS:

    This is an administrative case for Dishonesty and Grave Misconduct against Elvira Cruz-
    Apao (Respondent). 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 Court of Appeals.

    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.
    However, a week after their first telephone conversation, respondent allegedly told complainant that
    a favorable and speedy decision of his case was attainable but the person who was to draft the
    decision was in return asking for One Million Pesos (P1,000,000.00).

    Complainant then asked for time to determine whether or not to pay the money in exchange
    for the decision. Instead, in August of 2004, he sought the assistance of Imbestigador. The crew of
    the TV program accompanied him to PAOCCF-SPG where he lodged a complaint against
    respondent for extortion.

    During the hearing of this case, the respondent was asked if she had sent the text messages
    contained in complainant’s cellphone and which reflected her cellphone number. Respondent
    admitted those that were not incriminating but claimed she did not remember those that clearly
    showed she was transacting with complainant. Respondent thus stated that she met with
    complainant only to tell the latter to stop calling and texting her, not to get the One Million Pesos
    (P1,000,000.00) as pre-arranged.

    ISSUE:

    Were the respondent’s text messages asking for One Million Pesos (P1,000,000.00) properly
    admitted as evidence by the Ad Hoc Committee?

    RULING:

    YES. 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. 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.

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