Dear PAO,
I filed a data privacy case before the National Privacy Commission (NPC), and the said office ruled in my favor. However, the appellate court overturned the NPC’s decision, stating that the text messages I attached to my complaint were unauthenticated and thus inadmissible. This is surprising because the respondent did not even contest the admissibility of the text messages. Can I still elevate the case to the higher court?
Syl
Dear Syl,
Yes, you may still elevate the case in the higher court, subject to the prescription period provided for by the Rules of Court.
As ruled in the case of Trimillos v. Fcash Global Lending Inc., GR 271360, Aug. 13, 2025, penned by Associate Justice Henri Jean Paul Inting, inadmissible evidence may be admitted if not challenged at the proper time, and such issue may not be raised for the first time on appeal, saying:
“However, in the same case, the Court also recognized that inadmissible evidence may be admitted if not challenged at the proper time and such issue may not be raised for the first time on appeal, viz.:
“In any case, it bears pointing out that petitioner failed to raise his objection to the admissibility of the photos during the proceedings in the RTC. Basic is the rule that in order to exclude evidence, the objection to admissibility of evidence must be made at the proper time, and the grounds therefore be specified. Objection to evidence must be made at the time it is formally offered. In case of documentary evidence, offer is made after all the witnesses of the party making the offer have testified, specifying the purpose for which the evidence is being offered. It is only at this time, and not at any other, that objection to the documentary evidence may be made. When a party failed to interpose a timely objection to evidence at the time they were offered in evidence, such objection shall be considered as waived. This is true even if by its nature the evidence is inadmissible and would have surely been rejected if it had been challenged at the proper time.
“As a complimentary principle, it is well-settled that no question will be entertained on appeal unless it has been raised in the proceedings below. Points of law, theories, issues and arguments not brought to the attention of the lower court, administrative agency or quasi-judicial body, need not be considered by a reviewing court, as they cannot be raised for the first time at that late stage. Basic considerations of fairness and due process impel this rule. Any issue raised for the first time on appeal is barred by estoppel.”
In your case, the respondents did not even contest, in any stage of the proceeding, the admissibility of your evidence. Thus, you can argue before the higher court that by failing to timely raise any objection to the admissibility of the text messages you have attached, the respondent is deemed to have already waived the same. Hence, the text messages are admissible in evidence by virtue of estoppel.
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
