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REPUBLIC ACT NO. 8792

REPUBLIC ACT NO. 8792 - AN ACT PROVIDING FOR THE RECOGNITION AND USE

OF ELECTRONIC COMMERCIAL AND NON-COMMERCIAL TRANSACTIONS AND

DOCUMENTS, PENALTIES FOR UNLAWFUL USE THEREOF AND FOR OTHERPURPOSES

Be it enacted by the Senate and House of Representatives of the Republic of the Philippines in

Congress assembled:

PART I

SHRT TIT!" A#$ $"C!ARATI# % P!IC&Section '( Short Title( ) This Act shall be *no+n as the ,"lectronic Commerce Act of -...,(

chanrobles law firm

Sec( -( $eclaration of Policy( ) The State recogni/es the vital role of information and

communications technology 0ICT1 in nation)building2 the need to create an information)

friendly environment +hich supports and ensures the availability3 diversity and affordability of

ICT products and services2 the primary responsibility of the private sector in contributing

investments and services in telecommunications and information technology2 the need to

develop3 +ith appropriate training programs and institutional policy changes3 human

resources for the information technology age3 a labor force s*illed in the use of ICT and a

population capable of operating and utili/ing electronic appliances and computers2 its

obligation to facilitate the transfer and promotion of adaptation technology3 to ensure net+or*security3 connectivity and neutrality of technology for the national benefit2 and the need to

marshal3 organi/e and deploy national information infrastructures3 comprising in both

telecommunications net+or* and strategic information services3 including their

interconnection to the global information net+or*s3 +ith the necessary and appropriate legal3

financial3 diplomatic and technical frame+or*3 systems and facilities(chanrobles law firm

PART II

"!"CTR#IC C44"RC" I# 5"#"RA!

Sec( 6( b7ective( ) This Act aims to facilitate domestic and international dealings3

transactions3 arrangements3 agreements3 contracts and e8changes and storage of information

through the utili/ation of electronic3 optical and similar medium3 mode3 instrumentality andtechnology to recogni/e the authenticity and reliability of electronic documents related to such

activities and to promote the universal use of electronic transaction in the government and

general public(

Sec( 9( Sphere of Application( ) This Act shall apply to any *ind of data message and electronic

document used in the conte8t of commercial and non)commercial activities to include domestic

and international dealings3 transactions3 arrangements3 agreements3 contracts and e8changes

and storage of information( chanrobles law firm

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Sec( ( $efinition of Terms( ) %or the purposes of this Act3 the follo+ing terms are defined3 as

follo+s:

a( ;Addressee< refers to a person +ho is intended by the originator to receive the

electronic data message or electronic document( The term does not include a person

acting as an intermediary +ith respect to that electronic data message or electronic

document(b( ;Computer< refers to any device or apparatus +hich3 by electronic3electro)

mechanical or magnetic impulse3 or by other means3 is capable of receiving3 recording3

transmitting3 storing3 processing3 retrieving3 or producing information3 data3 figures3

symbols or other modes of +ritten e8pression according to mathematical and logical

rules or of performing any one or more of those functions(

c( ;"lectronic $ata 4essage< refers to information generated3 sent3 received or stored

by electronic3 optical or similar means(

d( ;Information and Communication System< refers to a system intended for and

capable of generating3 sending3 receiving3 storing or other+ise processing electronic

data messages or electronic documents and includes the computer system or other

similar device by or in +hich data is recorded or stored and any procedures related tothe recording or storage of electronic data message or electronic document( chanrobles

law firm

e( ;"lectronic Signature< refers to any distinctive mar*3 characteristic and=or sound in

electronic form3 representing the identity of a person and attached to or logically

associated +ith the electronic data message or electronic document or any methodology

or procedures employed or adopted by a person and e8ecuted or adopted by such person

+ith the intention of authenticating or approving an electronic data message or

electronic document(

f( ;"lectronic $ocument< refers to information or the representation of information3

data3 figures3 symbols or other modes of +ritten e8pression3 described or ho+ever

represented3 by +hich a right is established or an obligation e8tinguished3 or by +hich

a fact may be proved and affirmed3 +hich is received3 recorded3 transmitted3 stored3

processed3 retrieved or produced electronically(

g( ;"lectronic >ey< refers to a secret code +hich secures and defendssensitive

information that crosses over public channels into a form decipherable only +ith a

matching electronic *ey(

h( ;Intermediary< refers to a person +ho in behalf of another personand +ith respect

to a particular electronic document sends3 receives and=or stores or provides other

services in respect of that electronicdocument(

i( ;riginator< refers to a person by +hom3 or on +hose behalf3 the electronic

document purports to have been created3 generated and=or sent ( The term does notinclude a person acting as an intermediary +ith respect to that electronic document(

7( ;Service Provider< refers to a provider of )

0i1 n)line services or net+or* access3 or the operator of facilities therefor3

including entities offering the transmission3 routing3 or providing of

connections for online communications3 digital or other+ise3 bet+een or among

points specified by a user3 of electronic documents of the user?s choosing2 or

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0ii1 The necessary technical means by +hich electronic documents of an

originator may be stored and made accessible to a designated or undesignated

third party2chanrobles law firm

Such service providers shall have no authority to modify or alter thecontent of the electronic

data message or electronic document receivedor to ma*e any entry therein on behalf of the

originator3 addressee or anythird party unless specifically authori/ed to do so3 and +ho shallretain the electronic document in accordance +ith the specific re@uest or asnecessary for the

purpose of performing the services it +as engaged to perform(

CHAPT"R II

!"5A! R"C5#ITI# % "!"CTR#IC RITI#5

R $C4"#T A#$ $ATA 4"SSA5"S

Sec( ( !egal Recognition of $ata 4essages( ) Information shall not be denied legal effect3

validity or enforceability solely on the grounds thatit is in the data message purporting to give

rise to such legal effect3 or that it is merely referred to in that electronic data message(

Sec( D( !egal Recognition of "lectronic $ocuments( E "lectronic documents shall have the

legal effect3 validity or enforceability as anyother document or legal +riting3 and )0a1 here the la+ re@uires a document to be in +riting3 that re@uirement is met by an

electronic document if the said electronic document maintains its integrity and

reliability and can be authenticated so as to be usable for subse@uent reference3 in that

)

0i1 The electronic document has remained complete and unaltered3 apart from

the addition of any endorsement and any authori/ed change3 or any change

+hich arises in the normal course of communication3 storage and display2 and

0ii1 The electronic document is reliable in the light of the purpose for +hich it

+as generated and in the light of all the relevant circumstances(

0b1 Paragraph 0a1 applies +hether the re@uirement therein is in the form of an

obligation or +hether the la+ simply provides conse@uences for the document not being

presented or retained in its original form(chanrobles law firm

0c1 here the la+ re@uires that a document be presented or retained in its original

form3 that re@uirement is met by an electronic document if )

0i1 There e8ists a reliable assurance as to the integrity of the document from the

time +hen it +as first generated in its final form2 and

0ii1 That document is capable of being displayed to the person to +hom it is to be

presented: Provided3 That no provision of this Act shall apply to vary any and all

re@uirements of e8isting la+s on formalities re@uired in the e8ecution of

documents for their validity(

%or evidentiary purposes3 an electronic document shall be the functional e@uivalent of a+ritten document under e8isting la+s(

This Act does not modify any statutory rule relating to the admissibility of electronic data

messages or electronic documents3 e8cept the rules relating to authentication and best

evidence(

Sec( F( !egal Recognition of "lectronic Signatures( ) An electronicsignature on the electronic

document shall be e@uivalent to the signature of a person on a +ritten document if that

signature is proved by sho+ing that a prescribed procedure3 not alterable by the parties

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interested in theelectronic document3 e8isted under +hich )

0a1 A method is used to identify the party sought to be bound and toindicate said party?s

access to the electronic document necessary for his consent or approval through the

electronic signature2

0b1 Said method is reliable and appropriate for the purpose for +hich the electronic

document +as generated or communicated3 in the light of all the circumstances3including any relevant agreement2

0c1 It is necessary for the party sought to be bound3 in order to proceed further +ith the

transaction3 to have e8ecuted or provided the electronic signature2 and

0d1 The other party is authori/ed and enabled to verify the electronicsignature and to

ma*e the decision to proceed +ith the transactionauthenticated by the same(

Sec( G( Presumption Relating to "lectronic Signatures( ) In anyproceedings involving an

electronic signature3 it shall be presumed that )

0a1 The electronic signature is the signature of the person to +hom itcorrelates2 and

0b1 The electronic signature +as affi8ed by that person +ith the intention of signing or

approving the electronic document unless the person relying on the electronically

signed electronic document *no+s or has notice of defects in or unreliability of the

signature or reliance on the electronic signature is not reasonable under the

circumstances( chanrobles law firm

S"C( '.( riginal $ocuments( ) 0'1 here the la+ re@uires information to be presented or

retained in its original form3 that re@uirement is met by an electronic data message or

electronic documentif:

0a1 the integrity of the information from the time +hen it +as firstgenerated in its final

form3 as an electronic data message or electronic document is sho+n by evidence

aliunde or other+ise2 and

0b1 +here it is re@uired that information be presented3 that the information is capable of

being displayed to the person to +hom it is to be presented(0-1 Paragraph 0'1 applies +hether the re@uirement therein is in the formof an obligation or

+hether the la+ simply provides conse@uences for the information not being presented or

retained in its original form(

061 %or the purposes of subparagraph 0a1 of paragraph 0'1:

0a1 the criteria for assessing integrity shall be +hether the information has remained

complete and unaltered3 apart from the addition of any endorsement and any change

+hich arises in the normal course of communication3 storage and display2 and

0b1 the standard of reliability re@uired shall be assessed in the light of the purpose for

+hich the information +as generated and in the light of all relevant circumstances(chanrobles law firm

S"C( ''( Authentication of "lectronic $ata 4essages and"lectronic $ocuments( ) ntil theSupreme Court by appropriate rulesshall have so provided3 electronic documents3 electronic

data messages and electronic signatures3 shall be authenticated by demonstrating3

substantiating and validating a claimed identity of a user3 device3 or another entity in an

information or communication system3 among other+ays3 as follo+s:

0a1 The electronic signature shall be authenticated by proof that a letter3 character3

number or other symbol in electronic form representing the persons named in and

attached to or logically associated +ith an electronic data message3 electronic

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document3 or that the appropriate methodology or security procedures3 +hen

applicable3 +ere employed or adopted by a person and e8ecuted or adopted by such

person3 +ith the intention of authenticating or approving an electronic data message or

electronic document2

0b1 The electronic data message and electronic document shall be authenticated by

proof that an appropriate security procedure3 +hen applicable +as adopted andemployed for the purpose of verifying the originator of an electronic data message

and=or electronic document3 orndetecting error or alteration in the communication3

content or storage of an electronic document or electronic data message from a specific

point3 +hich3 using algorithm or codes3 identifying +ords or numbers3 encryptions3

ans+ers bac* or ac*no+ledgment procedures3 or similar security devices(

The Supreme Court may adopt such other authentication procedures3 including the use of

electronic notari/ation systems as necessary and advisable3 as +ell as the certificate of

authentication on printed or hard copies of the electronic document or electronic data

messages by electronic notaries3 service providers and other duly recogni/ed or appointed

certification authorities(

The person see*ing to introduce an electronic data message andelectronic document in anylegal proceeding has the burden of proving itsauthenticity by evidence capable of supporting a

finding that theelectronic data message and electronic document is +hat the personclaims it

to be(

In the absence of evidence to the contrary3 the integrity of the information and communication

system in +hich an electronic data message or electronic document is recorded or stored may

be established in any legal proceeding )

0a1 By evidence that at all material times the information andcommunication system or

other similar device +as operating in a manner that did not affect the integrity of the

electronic data message and=or electronic document3 and there are no other reasonable

grounds to doubt the integrity of the information and communication system2

0b1 By sho+ing that the electronic data message and=or electronic document +asrecorded or stored by a party to the proceedings +ho is adverse in interest to the party

using it2 or

0c1 By sho+ing that the electronic data message and=or electronic document +as

recorded or stored in the usual and ordinary course ofbusiness by a person +ho is not

a party to the proceedings and +ho did not act under the control of the party using the

record(

S"C( '-( Admissibility and "vidential eight of "lectronic $ata4essage and "lectronic

$ocuments( ) In any legal proceedings3 nothing in the application of the rules on evidence

shall deny theadmissibility of an electronic data message or electronic document inevidence )

a( n the sole ground that it is in electronic form2 or

b( n the ground that it is not in the standard +ritten form and electronic data message

or electronic document meeting3 and complying +ith the re@uirements under Sections

or D hereof shall be the best evidence of the agreement and transaction contained

therein(

In assessing the evidential +eight of an electronic data message orelectronic document3 the

reliability of the manner in +hich it +asgenerated3 stored or communicated3 the reliability of

the manner in +hich its originator +as identified3 and other relevant factors shall be given due

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regard(

S"C( '6( Retention of "lectronic $ata 4essage and "lectronic$ocument( ) #ot+ithstanding

any provision of la+3 rule or regulation tothe contrary )

0a1 The re@uirement in any provision of la+ that certaindocuments be retained in their

original form is satisfied by retaining them in the form of an electronic data message or

electronic document +hich )

i( Remains accessible so as to be usable for subse@uent reference2chanrobles law

firm

ii( Is retained in the format in +hich it +as generated3 sent or received3 or in a

format +hich can be demonstrated to accurately represent the electronic data

message or electronic document generated3 sent or received2

iii( "nables the identification of its originator and addressee3 as +ell as the

determination of the date and the time it +as sent or received(

0b1 The re@uirement referred to in paragraph 0a1 is satisfied by using the services of a

third party3 provided that the conditions set forth insubparagraphs 0i13 0ii1 and 0iii1 ofparagraph 0a1 are met(

S"C( '9( Proof By Affidavit( ) The matters referred to in Section '-3 on admissibility and

Section G3 on the presumption of integrity3 may bepresumed to have been established by an

affidavit given to the best of thedeponents *no+ledge sub7ect to the rights of parties in interest

as

defined in the follo+ing section(

S"C( '( Cross)"8amination( ) 0'1 A deponent of an affidavitreferred to in Section '9 that has

been introduced in evidence may becross)e8amined as of right by a party to the proceedings

+ho is adverse in interest to the party +ho has introduced the affidavit or has caused

theaffidavit to be introduced(

0-1 Any party to the proceedings has the right to cross)e8amine a personreferred to in Section

''3 paragraph 93 sub)paragraph c(

CHAPT"R III

C44#ICATI# % "!"CTR#IC $ATA

4"SSA5"S A#$ "!"CTR#IC $C4"#TS

S"C( '( %ormation and alidity of "lectronic Contracts( ) 0'1 "8cept as other+ise agreed by

the parties3 an offer3 the acceptance of an offer and such other elements re@uired under

e8isting la+s for theformation of contracts may be e8pressed in3 demonstrated and provedby

means of electronic data message or electronic documents and no contract shall be denied

validity or enforceability on the sole ground thatit is in the form of an electronic data message

or electronic document3 orthat any or all of the elements re@uired under e8isting la+s for the

formation of the contracts is e8pressed3 demonstrated and proved by means of electronic

documents(

0-1 "lectronic transactions made through net+or*ing among ban*s3 or lin*ages thereof +ith

other entities or net+or*s3 and vice versa3 shall be deemed consummated upon the actual

dispensing of cash or the debit of one account and the corresponding credit to another3

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+hether such transaction is initiated by the depositor or by an authori/ed collectingparty:

Provided3 that the obligation of one ban*3 entity3 or personsimilarly situated to another arising

therefrom shall be considered absoluteand shall not be sub7ected to the process of preference

of credits(

S"C( 'D( Recognition by Parties of "lectronic $ata 4essage or"lectronic $ocument( ) As

bet+een the originator and the addresseeof a electronic data message or electronic document3a declaration of +ill or other statement shall not be denied legal effect3 validity or

enforceability solely on the ground that it is in the form of a electronic data message(

S"C( 'F( Attribution of "lectronic $ata 4essage( ) 0'1 An electronic data message or

electronic document is that of the originator ifit +as sent by the originator himself(

0-1 As bet+een the originator and the addressee3 an electronic data message or electronic

document is deemed to be that of the originator if it+as sent:

0a1 by a person +ho had the authority to act on behalf of the originator +ith respect to

that electronic data message or electronic document2 or

0b1 by an information system programmed by3 or on behalf of theoriginator to operate

automatically(

061 As bet+een the originator and the addressee3 an addressee is entitled to regard an

electronic data message or electronic document as beingthat of the originator3 and to act on

that assumption3 if:

0a1 in order to ascertain +hether the electronic data message orelectronic document

+as that of the originator3 the addressee properlyapplied a procedure previously agreed

to by the originator for thatpurpose2 or

0b1 the electronic data message or electronic document as received by the addressee

resulted from the actions of a person +hose relationship +ith the originator or +ith any

agent of the originator enabled that person to gain access to a method used by the

originator to identify electronic data messages as his o+n(

091 Paragraph 061 does not apply:0a1 as of the time +hen the addressee has both received notice from the originator that

the electronic data message or electronic document is not that of the originator3 and has

reasonable time to act accordingly2 or

0b1 in a case +ithin paragraph 061 sub)paragraph 0b13 at any time +henthe addressee

*ne+ or should have *no+n3 had it e8ercised reasonable care or used any agreed

procedure3 that the electronic data message or electronic document +as not that of the

originator(

01 here an electronic data message or electronic document is that of the originator or is

deemed to be that of the originator3 or the addressee is entitled to act on that assumption3 then3

as bet+een the originator andthe addressee3 the addressee is entitled to regard the electronic

datamessage or electronic document as received as being +hat the originatorintended to send3and to act on that assumption( The addressee is not soentitled +hen it *ne+ or should have

*no+n3 had it e8ercised reasonablecare or used any agreed procedure3 that the transmission

resulted in anyerror in the electronic data message or electronic document as received(

01 The addressee is entitled to regard each electronic data message or electronic document

received as a separate electronic data message or electronic document and to act on that

assumption3 e8cept to the e8tent that it duplicates another electronic data message or

electronic documentand the addressee *ne+ or should have *no+n3 had it e8ercised

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reasonable care or used any agreed procedure3 that the electronic data message or electronic

document +as a duplicate(

S"C( 'G( "rror on "lectronic $ata 4essage or "lectronic$ocument( ) The addressee is

entitled to regard the electronic datamessage or electronic document received as that +hich

the originator

intended to send3 and to act on that assumption3 unless the addressee *ne+ or should have*no+n3 had the addressee e8ercised reasonablecare or used the appropriate procedure )

0a1 That the transmission resulted in any error therein or in the electronicdocument

+hen the electronic data message or electronic documententers the designated

information system3 or

0b1 That electronic data message or electronic document is sent to an information

system +hich is not so designated by the addressee for thepurpose(

S"C( -.( Agreement on Ac*no+ledgment of Receipt of "lectronic$ata 4essages or "lectronic

$ocuments( ) The follo+ing rules shallapply +here3 on or before sending an electronic data

message or electronic document3 the originator and the addressee have agreed3 or in that

electronic document or electronic data message3 the originator has re@uested3 that receipt of

the electronic document or electronic datamessage be ac*no+ledged:a1 here the originator has not agreed +ith the addressee that theac*no+ledgment be

given in a particular form or by a particular method3an ac*no+ledgment may be given

by or through any communication bythe addressee3 automated or other+ise3 or any

conduct of the addressee3sufficient to indicate to the originator that the electronic data

message orelectronic document has been received(

0b1 here the originator has stated that the effect or significance of theelectronic data

message or electronic document is conditional on receiptof the ac*no+ledgment

thereof3 the electronic data message or electronicdocument is treated as though it has

never been sent3 until the ac*no+ledgment is received(

0c1 here the originator has not stated that the effect or significance ofthe electronic

data message or electronic document is conditional onreceipt of the ac*no+ledgment3

and the ac*no+ledgment has not been received by the originator +ithin the time

specified or agreed or3 if notime has been specified or agreed3 +ithin a reasonable time3

the originator may give notice to the addressee stating that no ac*no+ledgment

hasbeen received and specifying a reasonable time by +hich theac*no+ledgment must

be received2 and if the ac*no+ledgment is not received +ithin the time specified in

subparagraph 0c13 the originator may3upon notice to the addressee3 treat the electronic

document or electronicdata message as though it had never been sent3 or e8ercise any

other rights it may have(

S"C( -'( Time of $ispatch of "lectronic $ata 4essages or"lectronic $ocuments( ) nless

other+ise agreed bet+een theoriginator and the addressee3 the dispatch of an electronic data

message or electronic document occurs +hen it enters an information system outside the

control of the originator or of the person +ho sent the electronic data message or electronic

document on behalf of theoriginator(

S"C( --( Time of Receipt of "lectronic $ata 4essages or"lectronic $ocuments( ) nless

other+ise agreed bet+een theoriginator and the addressee3 the time of receipt of an electronic

datamessage or electronic document is as follo+s:

0a1 If the addressee has designated an information system for thepurpose of receiving

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electronic data message or electronic document3receipt occurs at the time +hen the

electronic data message or electronicdocument enters the designated information

system: Provided3 ho+ever3that if the originator and the addressee are both participants

in thedesignated information system3 receipt occurs at the time +hen theelectronic data

message or electronic document is retrieved by theaddressee(

0b1 If the electronic data message or electronic document is sent to aninformationsystem of the addressee that is not the designated information system3 receipt occurs at

the time +hen the electronic data message orelectronic document is retrieved by the

addressee2

0c1 If the addressee has not designated an information system3 receiptoccurs +hen the

electronic data message or electronic document entersan information system of the

addressee(

These rules apply not+ithstanding that the place +here the informationsystem is located may

be different from the place +here the electronic data message or electronic document is

deemed to be received(

S"C( -6( Place of $ispatch and Receipt of "lectronic $ata 4essages or "lectronic

$ocuments( ) nless other+ise agreedbet+een the originator and the addressee3 an electronicdata message or electronic document is deemed to be dispatched at the place +here the

originator has its place of business and received at the place +here theaddressee has its place

of business( This rule shall apply even if theoriginator or addressee had used a laptop or other

portable device totransmit or receive his electronic data message or electronic document(This

rule shall also apply to determine the ta8 situs of such transaction(

%or the purpose hereof )

a( If the originator or the addressee has more than one place of business3the place of

business is that +hich has the closest relationship to the underlying transaction or3

+here there is no underlying transaction3 theprincipal place of business(

b( If the originator of the addressee does not have a place of business3 reference is to

be made to its habitual residence2 or

c( The ;usual place of residence< in relation to a body corporate3 means the place

+here it is incorporated or other+ise legally constituted(

S"C( -9( Choice of Security 4ethods( ) Sub7ect to applicable la+sand=or rules and guidelines

promulgated by the $epartment of Trade andIndustry +ith other appropriate government

agencies3 parties to anyelectronic transaction shall be free to determine the type and level of

electronic data message and electronic document security needed3 and to select and use or

implement appropriate technological methods that suit their needs(

PART III

"!"CTR#IC C44"RC" I# SP"CI%IC AR"AS

CHAPT"R I(

CARRIA5" % 5$S

S"C( -( Actions Related to Contracts of Carriage of 5oods( )ithout derogating from the

provisions of part t+o of this la+3 thischapter applies to any action in connection +ith3 or in

pursuance of3 acontract of carriage of goods3 including but not limited to:

0a1 0i1 furnishing the mar*s3 number3 @uantity or +eight of goods2

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0ii1 stating or declaring the nature or value of goods2

0iii1 issuing a receipt for goods2

0iv1 confirming that goods have been loaded2

0b1 0i1 notifying a person of terms and conditions of the contract2

0ii1 giving instructions to a carrier2chanrobles law firm

0c1 0i1 claiming delivery of goods2

0ii1 authori/ing release of goods2

0iii1 giving notice of loss of3 or damage to3 goods2

0d1 giving any other notice or statement in connection +ith the

performance of the contract2

0e1 underta*ing to deliver goods to a named person or a person

0f1 granting3 ac@uiring3 renouncing3 surrendering3 transferring or

negotiating rights in goods2

0g1 ac@uiring or transferring rights and obligations under the contract( chanrobles lawfirm

S"C( -( Transport $ocuments( ) 0'1 here the la+ re@uires that any action referred tocontract of carriage of goods be carried out in +riting or by using a paper document3 that

re@uirement is met if the action iscarried out by using one or more data messages or electronic

documents(

0-1 Paragraph 0'1 applies +hether the re@uirement therein is in the formof an obligation or

+hether the la+ simply provides conse@uences forfailing either to carry out the action in

+riting or to use a paper document(

061 If a right is to be granted to3 or an obligation is to be ac@uired by3 oneperson and no other

person3 and if the la+ re@uires that3 in order to effect this3 the right or obligation must be

conveyed to that person by thetransfer3 or use of3 a paper document3 that re@uirement is met if

the rightor obligation is conveyed by using one or more electronic data messagesor electronic

documents uni@ue2091 %or the purposes of paragraph 0613 the standard of reliability re@uiredshall be assessed in

the light of the purpose for +hich the right orobligation +as conveyed and in the light of all

the circumstances3including any relevant agreement(

01 here one or more data messages are used to effect any action in subparagraphs 0f1 and

0g1 of Section -3 no paper document used toeffect any such action is valid unless the use of

electronic data message orelectronic document has been terminated and replaced by the use of

paper documents( A paper document issued in these circumstances shallcontain a statement of

such termination( The replacement of electronic data messages or electronic documents by

paper documents shall notaffect the rights or obligations of the parties involved(chanrobles law

firm

01 If a rule of la+ is compulsorily applicable to a contract of carriage ofgoods +hich is in3 oris evidenced by3 a paper document3 that rule shallnot be inapplicable to such a contract of

carriage of goods +hich is evidenced by one or more electronic data messages or electronic

documents by reason of the fact that the contract is evidenced by suchelectronic data messages

or electronic documents instead of by a paper document(chanrobles law firm

PART I

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"!"CTR#IC TRA#SACTI#S I# 5"R#4"#T

S"C( -D( 5overnment se of "lectronic $ata 4essages3"lectronic $ocuments and "lectronic

Signatures( )#ot+ithstanding any la+ to the contrary3 +ithin t+o 0-1 years from thedate of the

effectivity of this Act3 all departments3 bureaus3 offices and agencies of the government3 as +ell

as all government)o+nedand)controlled corporations3 that pursuant to la+ re@uire or accept

the filing of documents3 re@uire that documents be created3 or retainedand=or submitted3 issuepermits3 licenses or certificates of registration or approval3 or provide for the method and

manner of payment orsettlement of fees and other obligations to the government3 shall )

0a1 accept the creation3 filing or retention of such documents in the formof electronic

data messages or electronic documents2

0b1 issue permits3 licenses3 or approval in the form of electronic data messages or

electronic documents2

0c1 re@uire and=or accept payments3 and issue receipts ac*no+ledging such payments3

through systems using electronic data messages orelectronic documents2 or

0d1 transact the government business and=or perform governmentalfunctions using

electronic data messages or electronic documents3 and forthe purpose3 are authori/ed to

adopt and promulgate3 after appropriatepublic hearing and +ith due publication inne+spapers of general circulation3 the appropriate rules3 regulations3 or guidelines3 to3

among others3 specify )

0'1 the manner and format in +hich such electronic data messages orelectronic

documents shall be filed3 created3 retained or issued2chanrobles law firm

0-1 +here and +hen such electronic data messages or electronic documents have

to be signed3 the use of a electronic signature3 the typeof electronic signature

re@uired2

061 the format of an electronic data message or electronic document and the

manner the electronic signature shall be affi8ed to the electronic data message

or electronic document2

091 the control processes and procedures as appropriate to ensure ade@uate

integrity3 security and confidentiality of electronic datamessages or electronic

documents or records or payments2

01 other attributes re@uired of electronic data messages or electronic documents

or payments2 and

01 the full or limited use of the documents and papers for compliance +ith the

government re@uirements: Provided3 That this Act shall by itself mandate any

department of the government3 organ of state or statutory corporation to accept

or issue any document in the form of electronicdata messages or electronic

documents upon the adoption3 promulgation and publication of the appropriaterules3 regulations3 or guidelines(

S"C( -F( RP"B To Promote the se f "lectronic $ocuments and "lectronic $ata

4essages In 5overnment and to the 5eneralPublic( ) ithin t+o 0-1 years from the effectivity

of this Act3 there shall be installed an electronic online net+or* in accordance +ith

Administrative rder 66- and House of Representatives Resolution FG.3other+ise *no+n as

RP"B3 to implement Part I of this Act tofacilitate the open3 speedy and efficient electronic

online transmission3conveyance and use of electronic data messages or electronic documents

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amongst all government departments3 agencies3 bureaus3 offices do+n tothe division level and

to the regional and provincial offices as practicable as possible3 government o+ned and

controlled corporations3 local

government units3 other public instrumentalities3 universities3 colleges andother schools3 and

universal access to the general public(

The RP"B net+or* shall serve as initial platform of the government informationinfrastructure 05II1 to facilitate the electronic online transmission and conveyance of

government services to evolve andimprove by better technologies or *inds of electronic online

+ide area net+or*s utili/ing3 but not limited to3 fiber optic3 satellite3 +ireless and other

broadband telecommunication mediums or modes( To facilitate therapid development of the

5II3 the $epartment of Transportation and Communications3 #ational Telecommunications

Commission and the#ational Computer Center are hereby directed to aggressively promote

and implement a policy environment and regulatory or non)regulatoryframe+or* that shall

lead to the substantial reduction of costs of including3 but not limited to3 lease lines3 land3

satellite and dial)up

telephone access3 cheap broadband and +ireless accessibility bygovernment departments3

agencies3 bureaus3 offices3 government o+nedand controlled corporations3 local governmentunits3 other public instrumentalities and the general public3 to include the establishment of

agovernment +ebsite portal and a domestic internet e8change system to facilitate strategic

access to government and amongst agencies thereof and the general public and for the

speedier flo+ of locally generatedinternet traffic +ithin the Philippines(

The physical infrastructure of cable and +ireless systems for cable T and broadcast

e8cluding programming and content and the management thereof shall be considered as

+ithin the activity of telecommunicationsfor the purpose of electronic commerce and to

ma8imi/e the convergence

of ICT in the installation of the 5II(

S"C( -G( Authority of the $epartment of Trade and Industry andParticipating "ntities( ) The

$epartment of Trade and Industry 0$TI1 shall direct and supervise the promotion anddevelopment of electronic commerce in the country +ith relevant government agencies3

+ithout

pre7udice to the provisions of Republic Act( D6 0Charter of Bang*oSentral ng Pilipinas1 and

Republic Act #o( 66D 05eneral Ban*ing Act13as amended(

Among others3 the $TI is empo+ered to promulgate rules andregulations3 as +ell as provide

@uality standards or issue certifications3 asthe case may be3 and perform such other functions

as may be necessaryfor the implementation of this Act in the area of electronic commerce to

include3 but shall not be limited to3 the installation of an online public information and @uality

and price monitoring system for goods and services aimed in protecting the interests of the

consuming public availingof the advantages of this Act(

PART

%I#A! PRISI#S

S"C( 6.( "8tent of !iability of a Service Provider( E "8cept as other+ise provided in this

Section3 no person or party shall be sub7ect toany civil or criminal liability in respect of the

electronic data message or electronic document for +hich the person or party acting as a

service

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provider as defined in Section merely provides access if such liability isfounded on )

0a1 The obligations and liabilities of the parties under the electronic data message or

electronic document2

0b1 The ma*ing3 publication3 dissemination or distribution of such materialor any

statement made in such material3 including possible infringement ofany right

subsisting in or in relation to such material: Provided3 That:

i( The service provider does not have actual *no+ledge3 or is not a+areof the

facts or circumstances from +hich it is apparent3 that the ma*ing3publication3

dissemination or distribution of such material is unla+ful orinfringes any rights

subsisting in or in relation to such material2

ii( The service provider does not *no+ingly receive a financial benefitdirectly

attributable to the unla+ful or infringing activity2 and

iii( The service provider does not directly commit any infringement or other

unla+ful act and does not induce or cause another person or partyto commit

any infringement or other unla+ful act and=or does not benefitfinancially from

the infringing activity or unla+ful act of another person orparty: Provided3

further3 That nothing in this Section shall affect )

a1 Any obligation founded on contract2

b1 The obligation of a service provider as such under a licensing or other

regulatory regime established under +ritten la+2 or

c1 Any obligation imposed under any +ritten la+2

d1 The civil liability of any party to the e8tent that such liability forms

thebasis for in7unctive relief issued by a court under any la+ re@uiring

thatthe service provider ta*e or refrain from actions necessary to remove3

bloc* or deny access to any material3 or to preserve evidence ofaviolation of la+(

S"C( 6'( !a+ful Access( ) Access to an electronic file3 or an electronic signature of an

electronic data message or electronic document shall onlybe authori/ed and enforced in favor

of the individual or entity having a legal right to the possession or the use of the plainte8t3

electronic

signature or file and solely for the authori/ed purposes( The electronic *ey for identity or

integrity shall not be made available to any person orparty +ithout the consent of the

individual or entity in la+ful possession ofthat electronic *ey(

S"C( 6-( bligation of Confidentiality( ) "8cept for the purposesauthori/ed under this Act3

any person +ho obtained access to anyelectronic *ey3 electronic data message3 or electronic

document3 boo*3 register3 correspondence3 information3 or other material pursuant to anypo+ers conferred under this Act3 shall not convey to or share the same+ith any other person(

S"C( 66( Penalties( ) The follo+ing Acts shall be penali/ed by fine and=or imprisonment3 as

follo+s:

0a1 Hac*ing or crac*ing +hich refers to unauthori/ed access into orinterference in a

computer system=server or information andcommunication system2 or any access in

order to corrupt3 alter3 steal3 or destroy using a computer or other similar information

and communication devices3 +ithout the *no+ledge and consent of the o+ner of

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thecomputer or information and communications system3 including theintroduction of

computer viruses and the li*e3 resulting in the corruption3destruction3 alteration3 theft

or loss of electronic data messages orelectronic document shall be punished by a

minimum fine of one hundredthousand pesos 0P'..3...(..1 and a ma8imum

commensurate to thedamage incurred and a mandatory imprisonment of si8 01 months

tothree 061 years20b1 Piracy or the unauthori/ed copying3 reproduction3 dissemination3distribution3

importation3 use3 removal3 alteration3 substitution3 modification3 storage3 uploading3

do+nloading3 communication3 ma*ing available to the public3 or broadcasting of

protected material3 electronicsignature or copyrighted +or*s including legally protected

soundrecordings or phonograms or information material on protected +or*s3through

the use of telecommunication net+or*s3 such as3 but not limitedto3 the internet3 in a

manner that infringes intellectual property rights shallbe punished by a minimum fine

of one hundred thousand pesos 0P'..3...(..1 and a ma8imum commensurate to the

damage incurredand a mandatory imprisonment of si8 01 months to three 061 years2

0c1 iolations of the Consumer Act or Republic Act #o( D6G9 and other relevant or

pertinent la+s through transactions covered by or usingelectronic data messages orelectronic documents3 shall be penali/ed +iththe same penalties as provided in those

la+s2

0d1 ther violations of theprovisions of this Act3 shall be penali/ed +ith a ma8imum

penalty of onemillion pesos 0P'3...3...(..1 or si8 01 years imprisonment(chanrobles lawfirm

S"C( 69( Implementing Rules and Regulations( ) The $TI3$epartment of Budget and

4anagement and the Bang*o Sentral ngPilipinas are hereby empo+ered to enforce the

provisions of this Act andissue implementing rules and regulations necessary3 in coordination

+iththe $epartment of Transportation and Communications3 #ational Telecommunications

Commission3 #ational Computer Center3 #ational Information Technology Council3

Commission on Audit3 other concernedagencies and the private sector3 to implement this Act+ithin si8ty 0.1days after its approval(

%ailure to issue rules and regulations shall not in any manner affect thee8ecutory nature of

the provisions of this Act(

S"C( 6( versight Committee( E There shall be a Congressional versight Committee

composed of the Committees on Trade andIndustry=Commerce3 Science and Technology3

%inance and

Appropriations of both the Senate and House of Representatives3 +hich shall meet at least

every @uarter of the first t+o years and every semesterfor the third year after the approval of

this Act to oversee itsimplementation( The $TI3 $B43 Bang*o Sentral ng Pilipinas3 and other

government agencies as may be determined by the CongressionalCommittee shall provide a

@uarterly performance report of their actions ta*en in the implementation of this Act for thefirst three 061 years(

S"C( 6( Appropriations( ) The amount necessary to carry out theprovisions of Secs( -D and

-F of this Act shall be charged against anyavailable funds and=or savings under the 5eneral

Appropriations Act of -... in the first year of effectivity of this Act( Thereafter3 the funds

needed for the continued implementation shall be included in the annual 5eneral

Appropriations Act(

S"C( 6D( Statutory Interpretation( ) nless other+ise e8presslyprovided for3 the interpretation

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of this Act shall give due regard to itsinternational origin and the need to promote uniformity

in its applicationand the observance of good faith in international trade relations( The

generally accepted principles of international la+ and convention on electronic commerce

shall li*e+ise be considered(

S"C( 6F( ariation by Agreement( ) As bet+een parties involved ingenerating3 sending3

receiving3 storing or other+ise processing electronicdata message or electronic document3 anyprovision of this Act may bevaried by agreement bet+een and among them(

S"C( 6G( Reciprocity( ) All benefits3 privileges3 advantages or statutoryrules established under

this Act3 including those involving practice ofprofession3 shall be en7oyed only by parties

+hose country of origingrants the same benefits and privileges or advantages to %ilipino

citi/ens(

Sec( 9.( Separability Clause( ) The provisions of this Act are herebydeclared separable and in

the event of any such provision is declaredunconstitutional3 the other provisions3 +hich are

not affected3 shall remainin force and effect(

Sec( 9'( Repealing Clause( ) All other la+s3 decrees3 rules and regulations or parts thereof

+hich are inconsistent +ith the provisions of this Act are hereby repealed3 amended or

modified accordingly(

Sec( 9-( "ffectivity( ) This Act shall ta*e effect immediately after itspublication in the fficial

5a/ette or in at least t+o 0-1 nationalne+spapers of general circulation(

Approved:

0Sgd(1 PR"SI$"#T JS"PH "( "STRA$A