The Supreme Court (SC) was asked to consider the use of video recordings from mobile phones, dashcams, and closed-circuit television (CCTV) footages obtained from anonymous sources as evidence in the commission of crimes.

In a letter to the SC and addressed to Chief Justice Alexander G. Gesmundo, lawyer Raymond Fortun – in his Facebook account -- said there may be a need to adopt a new rule of procedure or amend the current Rules on Electronic Evidence so that courts may use such evidence obtained from anonymous sources, who for fear of their lives, are hesitant to testify in courts.

Fortun had earlier assured his legal assistance to a cyclist who was physically assaulted and threatened by a former policeman Wilfredo Gonzales.

He said he decided to write the SC due to multiple instances when he received video recordings from various sources on crimes committed.

Aside from the case of Gonzales, Fortun said that another person sent him a video last Sept. 5 on another road rage that occurred last Aug. 19 when an individual pulled out his gun, cocked it, and pointed it to a taxi driver.

“This concerned netizen appears to have captured this incident using his dash cam installed inside his motor vehicle, but he gave me specific instructions not to reveal his identity out of fear for his life,” Fortun said in his letter.

He pointed out that fear of retaliation for themselves and their families if they come out in the open to testify is the main reason why many individuals who witnessed crimes being committed refused to come out in the open and testify in court.

“I am certain that Your Honors recognize the importance of such videos to establish the commission of criminal offenses, aid law enforcement officers in the arrest of the perpetrators and the subsequent filing of cases based on probable cause,” he said.

“However, in the absence of eyewitness testimony to be rendered in open court and the proper authentication of the video by its creator, it is my humble submission that our valiant prosecutors would find it difficult to establish proof beyond reasonable doubt leading to conviction,” he added.

“It is in this light, in the higher interest of substantial justice and the protection of the citizenry, and in view of the potential for current technology to aid in crime prevention, that the undersigned asks the High Tribunal to consider the passage of a new Rule of Procedure or, in the alternative, an amendment/amendments of our current Rules on Electronic Evidence, so that our courts would favorably consider the appreciation and admission of video recordings from mobile phones, dash cams, and CCTV footages obtained from anonymous sources,” he urged the SC.

Fortun cited the case of Singapore where its law enforcement agencies have a website where ordinary citizens may provide information, including uploading of photographs and video recordings to aid ongoing investigations or uncover unreported crimes, while remaining anonymous, and any information given as to his or her identity will be kept strictly confidential.

He then cited that “in Singapore, its law enforcement has a website – https://police.gov.sg.witness – where ordinary citizens may provide information, including uploading of photographs and video recordings to aid ongoing investigation or uncover unreported crimes, while remaining anonymous, and any information given as to his/her identify will be kept strictly confidential.”

“I am, regrettably, unaware of how the Singaporean courts will appreciate the weight and sufficiency of the evidence secured by the police in these instances,” he added.