This act provides for the legal recognition and use of electronic commercial and non-commercial transactions and documents in the Philippines. It aims to facilitate domestic and international dealings through electronic means. Key points include: - It defines electronic signatures, documents, data messages and other terms. - Electronic documents and signatures are given the same legal validity as traditional paper-based ones. - It covers the formation of electronic contracts and attribution of electronic messages. - The government is mandated to enable e-commerce capabilities within two years and develop RPWeb to connect government offices online. - Service providers face liability in certain cases. Hacking of electronic documents is a punishable offense.

1. Republic Act No 8792
June 14,2000

2. E-Commerce (electronic-commerce)
refers to business over the internet,
Websites such as Amazon, Buy.com and
eBay are all e-commerce sites
An act providing for the recognition and use of electronic commercial and
non-commercial transactions and documents, penalties for unlawful use
thereof and for other purposes

3. An Act Providing and Use of Electronic
Commercial, and Non-Commercial
Transactions, Penalties for Unlawful Use
Thereof, And Other Purposes
PART 1
Section 1
SHORT TITLE AND DECLARATION OF POLICY
- This Act shall be known and cited as the “Electronic Commerce Act”
Section 2
Declaration of Policy
-The state recognizes the vital role of information and communications technology in
nation building

4. Part 2 Part II
Electronic Commerce in General
Chapter 1
General Provisions
Section 3
Objective -This Act aims to facilitate domestic and international dealings,
transactions, arrangements, agreements,contracts and exchanges and storage of
information through electronics

5. Section 4
-Sphere of Application
This Act shall apply to any kind of electronic document used in the context of
commercial and non-commercial activities to include domestic and int’l dealings
Section 5
Definition of Terms
For the purpose of this Act, the following terms are defined, as follows
(a) Addressee
Refers to a person who is intended by the originator to receive electronic data message
or document
(b) Electronic data message refers to information generated,sent and received or
stored in electronic

6. (d) Electronic signature
Refers to any distinctive mark, characteristics or sound in electronic form
(e) Electronic document
refers to information or the representation of information, data, figures,
symbols, or other modes
(f) Electronic key
Refers to a secret code which secures and defends sensitive information that
crossover public channels into a form

7. (g) Intermediary
Refers to a person who in behalf of another person with respect to a particular
electronic document
(h) Originator
Refers to a person by whom, or on whose behalf the electronic document
purports to have been created,generated and/or sent
(i) Service provider

8. Chapter 2
Legal Recognition of Electronic Data
Messages and Electronic Document
Section 6
Legal Recognition of Electronic Data Messages
-Information shall not be denied validity or enforceability solely on the ground
that it is in the form of electronic data
Section 7
Legal Recognition of Electronic documents
-Electronic documents shall have legal effects, validity as any other document

9. Section 8
Legal Recognition of Electronic Signatures
-An electronic signature on the electronic document shall be equivalent to the
signature of the person on a written document
Section 9
Presumption Relating to Electronic Signatures
(a) The electronic signature is the signature of the person to whom it
correlates
(b) The electronic signature was affixed by that person

10. Section 10
Original documents
Where the law requires information to be presented or retained in its original form
Section 11
Authentication of Electronic Data Messages and Electronic Document
Until the Supreme Court by appropriate rules shall have provided, electronic documents
Section 12
Admissibility and Evidential Weight of Electronic Data Messages
In any legal proceedings nothing in the application of the rules on an electronic data message
or document in evidence
Section 13
Retention of Electronic Data Message or Electronic Document

11. Section 14
Proof of Affidavit
Section 15
Cross-examination

12. Chapter 3
Communication of Electronic Data
Messages or Electronic Documents
Section 16
Formation of Validity of Electronic Contracts
Section 17
Recognition by Parties of Electronic Data Message or Electronic document
As between the originator and the addressee of an electronic data message or
electronic document
Section 18
Attribution of Electronic Data Message

13. Section 19
Error on Electronic Data Message or Electronic Document
The addressee is entitled to regard the electronic data message
Section 20
Agreement on Acknowledgement of Receipt of Electronic Data
Message/Document
Section 21
Time of Dispatch of Electronic Data Message
Unless otherwise agreed between the originator and the addressee, the
dispatch
Section 22

14. Section 23 Place of Dispatch and Receipt of Electronic Data Messages
or Documents
Section 24
Choice of Security Methods
-Parties are given the right to choose the type and level of security
method that suit their needs
Part 3
Electronic Commerce in Carriage of Goods
Section 25
Actions Related to Contracts of Carriage Goods

15. Section 26
Transport documents
-Provides the mandate for the electronic implementation of transport documents to
facilitate carriage of goods. Includes ducuments such as multi-modal, airport,road,rail,
charter party bill of lading
Part IV
Electronic Transaction in Government
Section 27
Government Use of Electronic Data Messages
-Mandates the government to have the capability to do e-commerce within 2 years or
before June 19,2002
Section 28
RPWEB Promote the Use of Electronic Documents or Data Messages in Government
and to the General Public
-RPWeb is a strategy that intends to connect all government officesto the internet and
provide universal access to the general public

16. Section 29
Authority of the Department of trade and industry and participating entities
-Empowers the Department of Trade and Industry to supervise the development of e-
commerce in the country
Part 5
Final Provisions
Section 30
Extent of Liability of a Service Provider
-Provided guidelines as to when a service provider can be liable
Section 31
Lawful Access
Authorities and parties with legal rights can gain access to electronic documents

17. Section 33
Penalties
-Hacking or cracking ,refers to unauthorized access including
introduction of computer viruses is punishable
Section 34
Implementing Rules and Regulations
Section 35
Oversight Committee
Section 36
Appropriations

18. Section 37 Statutory Interpretation
The process by which courts interpret and apply legislation
Section 38 Variation of Agreement
As between parties involved in generating, sending, receiving, storing or other wise
Section 39
Reciprocity
The quality or state of being reciprocal
Section 40
Separability Clause
For any reason, any section or provision of this act is declared invalid or unconstitutional
Section 41
Repealing Clause
All other laws, decrees rules and regulations or parts thereof which are inconsistent with the
provision of this Act

19. Section 42
Effectivity
The capability of producing a desired result. When something is deemed
effective, it has intended or extended outcome pr produces a deep vivid
impression This act shall take effect immediately after its publication in the
Official Gazette or in atleast two(national) newspaper of general circulation
(sgd.) Joseph E. Estrada
June 14,2000

20. Sources: