Dear Atty. Joji,

Our warehouse team flagged repeated shortages in inventory over the past few weeks. A review of our surveillance footage showed a newly employed worker placing products into their personal bag before leaving the premises. Can we offer the CCTV footage as evidence to file a case against the employee?

Diana

❒ ❒ ❒ ❒ ❒

Dear Diana,

The Rules on Electronic Evidence, as amended, expressly provide for the admissibility of video recordings as evidence in court; provided that:

It shall be shown, presented or displayed to the court, and;

It 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.

In the case of People v. Manansala (G.R. No. 233104, 2 September 2020), the Supreme Court elucidated that “persons authorized to authenticate the video or CCTV recording is not limited solely to the person who made the recording but also by another witness who can testify to its accuracy.” In People v. Concepcion (G.R. No. 249500, 6 December 2021), the Supreme Court clarified that the case of Manansala requires the party presenting the recording to account for: its origin; how it was transferred to a storage device; and how it reached the trial court for its presentation.

From the foregoing, in order for the CCTV footage to be admissible in evidence, the following criteria must be met in order to support the case effectively, and in accordance with the Rules on Electronic Evidence.

Hope this helps.

Atty. Joji Alonso