REPUBLIC ACT NO. 8792 June 14,
2000
AN ACT PROVIDING AND USE OF
ELECTRONIC COMMERCIAL AND NON-COMMERCIAL TRANSACTIONS, PENALTIES FOR UNLAWFUL
USE THEREOF, AND OTHER PURPOSES
Be it enacted by the Senate and
House of Representatives of the Philippines in Congress assembled:
PART I
SHORT TITLE AND DECLARATION OF POLICY
SHORT TITLE AND DECLARATION OF POLICY
Section 1. Short Title- 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 (ICT) in nation-building; the need to create an information-friendly
environment which supports and ensures the availability, diversity and
affordability of ICT products and services; the primary responsibility of the
private sector in contributing investments and services in ICT; the need to
develop, with appropriate training programs and institutional policy changes,
human resources for the information age, a labor force skilled in the use of
ICT and population capable of operating and utilizing electronic appliances and
computers; its obligation to facilitate the transfer and promotions of
technology; to ensure network security, connectivity and neutrality of
technology for the national benefit; and the need to marshal, organize and deploy
national information infrastructures, comprising in both communications network
and strategic information services, including their interconnection to the
global information networks, with the necessary and appropriate legal,
financial, diplomatic and technical framework, systems and facilities.
PART II
ELECTRONIC COMMERCE IN GENERAL
ELECTRONIC COMMERCE IN GENERAL
CHAPTER I
GENERAL PROVISIONS
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 the
utilization of electronic, optical and similar medium, mode instrumentality and
technology to recognize the authenticity and reliability of electronic data
messages or electronic documents related to such activities and to promote the
universal use of electronic transactions in the government and by the general
public.
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 international
dealings, transactions, arrangements, agreements contracts and exchanges and
storage of information.
Section 5. Definition of Terms- For
the purposes of this Act, the following terms are defined, as follows:
(a) "Addressee" refers
to a person who is intended by the originator to receive the electronic data
message or electronic document, but does not include a person acting as an
intermediary with respect to that electronic data message or electronic data
document."Computer" refers to any device or apparatus singly or
interconnected which, by electronic, electro-mechanical, optical and/or
magnetic impulse, or other means with the same function, can receive, record,
transmit, store, process, correlate, analyze, projects, retrieve, and/or
produce information, data, text, graphics, figures, voice, video, symbols or
other modes of expression or perform any one or more of these functions.
(b) "Electronic data
message" refers to information generated, sent, received or stored by
electronic, optical or similar means.
(c) "Information and
Communications System" refers to a system for generating, sending,
receiving, storing, or otherwise processing electronic documents and includes
the computer system or other similar device by or in which data is recorded or
stored and any procedures related to the recording or storage of electronic
document.
(d) "Electronic
signature" refers to any distinctive mark, characteristic and/or sound in
electronic from, representing the identity of a person and attached to or
logically associated with the electronic data message or electronic document or
any methodology or procedures employed or adopted by a person and executed or
adopted by such person with the intention of authenticating or approving an
electronic data message or electronic document.
(e) "Electronic
document" refers to information or the representation of information,
data, figures, symbols or other modes of written expression, described or
however represented, by which a right is established or an obligation
extinguished, or by which a fact may be prove and affirmed, which is receive,
recorded, transmitted, stored, processed, retrieved or produced electronically.
(f) "Electronic key"
refers to a secret code which secures and defends sensitive information that
crossover public channels into a form decipherable only with a matching
electronic key.
(g) "Intermediary"
refers to a person who in behalf of another person and with respect to a
particular electronic document sends, receives and/or stores provides other
services in respect of that electronic data message or 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. The term does not include
a person acting as an intermediary with respect to that electronic
document.
(i) "Service provider"
refers to a provider of-
I. Online services or network
access or the operator of facilities therefor including entities offering the
transmission, routing, or providing of connections for online communications,
digital or otherwise, between or among points specified by a user, of
electronic documents of the user's choosing; or
II. The necessary technical
means by which electronic documents of an originator may be stored and made
accessible to designated or undesignated third party.
Such service providers shall have no authority to
modify or alter the content of the electronic document received or to make any
entry therein on behalf of the originator, addressee or any third party unless
specifically authorized to do so, and who shall retain the electronic document
in accordance with the specific request or as necessary for the purpose of
performing the services it was engaged to perform.
CHAPTER II
LEGAL RECOGNITION OF ELECTRONIC DATA MESSAGES AND ELECTRONIC DOCUMENTS
LEGAL RECOGNITION OF ELECTRONIC DATA MESSAGES AND ELECTRONIC DOCUMENTS
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
message purporting to give rise to such legal effect, or that it is merely
incorporated by reference in that electronic data message.
Section 7. Legal Recognition of
Electronic documents- Electronic documents shall have the legal effect,
validity or enforceability as any other document or legal writing, and-
(a) Where the law requires a
document to be in writing, that requirement 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 subsequent reference, in that–
i. The electronic document has
remained complete and unaltered, apart from the addition of any endorsement and
any authorized change, or any change which arises in the normal course of
communication, storage and display; and
ii. The electronic document is
reliable in the light of the purpose for which it was generated and in the
light of all relevant circumstances.
(b) Paragraph (a) applies
whether the requirement therein is in the from of an obligation or whether the
law simply provides consequences for the document not being presented or
retained in its original from.
(c) Where the law requires that
a document be presented or retained in its original form, that requirement is
met by an electronic document if-
i. There exists a reliable
assurance as to the integrity of the document from the time when it was first
generated in its final from; and
ii. That document is capable of
being displayed to the person to whom it is to be presented: Provided, That no
provision of this Act shall apply to vary any and all requirements of existing
laws on formalities required in the execution of documents for their
validity.
For evidentiary purposes, an electronic document
shall be the functional equivalent of a written document under existing laws.
This Act does not modify any statutory any
statutory rule relating to admissibility of electronic data massages or
electronic documents, except the rules relating to authentication and best
evidence.
Section 8. Legal Recognition of
Electronic Signatures.- An electronic signature on the electronic document
shall be equivalent to the signature of a person on a written document if the
signature is an electronic signature and proved by showing that a prescribed
procedure, not alterable by the parties interested in the electronic document,
existed under which-
(a) A method is used to identify
the party sought to be bound and to indicate said party's access to the
electronic document necessary for his consent or approval through the
electronic signature;
(b) Said method is reliable and
appropriate for the purpose for which the electronic document was generated or
communicated, in the light of all circumstances, including any relevant
agreement;
(c) It is necessary for the party
sought to be bound, in or order to proceed further with the transaction to have
executed or provided the electronic signature; and
(d) The other party is
authorized and enable to verify the electronic signature and to make the
decision to proceed with the transaction authenticated by the same.
Section 9. Presumption Relating to
Electronic Signatures-In any proceedings involving an electronic signature,
it shall be presumed that,
(a) The electronic signature is
the signature of the person to whom it correlates; and
(b) The electronic signature was
affixed by that person with the intention of signing or approving the
electronic document unless the person relying on the electronically designed
electronic document knows or has noticed of defects in or unreliability of the
signature or reliance on the electronic signature is not reasonable under the
circumstances.
Section 10. Original Documents.-
(1) Where the law requires
information to be presented or retained in its original form, that requirement
is met by an electronic data message or electronic document if;
(a) the integrity of the
information from the time when it was first generated in its final form, as an
electronic document is shown by evidence aliunde or otherwise; and
(b) where otherwise it is required
that information be resented, that the information is capable of being
displayed to the person to whom it is to be presented.
(2) Paragraph (1) applies
whether the requirement therein is in the form of an obligation or whether the
law simply provides consequences for the information not being presented or
retained in its original form.
(3) For the purpose of
subparagraph (a) of paragraph (1):
(a) the criteria for assessing
integrity shall be whether the information has remained complete and unaltered,
apart from the addition of any endorsement and any change which arises in the
normal course of communication, storage and display ; and
(b) the standard of reliability
required shall be assessed in the light of purposed for which the information
was generated and in the light of all the relevant circumstances.
Section 11. Authentication of
Electronic Data Messages and Electronic Documents.- Until the Supreme Court
by appropriate rules shall have so provided, electronic documents, electronic
data messages and electronic signatures, shall be authenticated by
demonstrating, substantiating and validating a claimed identity of a user,
device, or another entity is an information or communication system, among
other ways, as follows;
(a) The electronic signatures
shall be authenticated by proof than a letter , character, number or other
symbol in electronic form representing the persons named in and attached to or
logically associated with an electronic data message, electronic document, or
that the appropriate methodology or security procedures, when applicable, were
employed or adopted by such person, with the intention of authenticating or
approving in an electronic data message or electronic document;
(b) The electronic data message
or electronic document shall be authenticated by proof that an appropriate
security procedure, when applicable was adopted and employed for the purpose of
verifying the originator of an electronic data message or electronic document,
or detecting error or alteration in the communication, content or storage of an
electronic document or electronic data message from a specific point, which,
using algorithms or codes, identifying words or numbers, encryptions, answers
back or acknowledgement procedures, or similar security devices.
The supreme court may adopt such other
authentication procedures, including the use of electronic notarization systems
as necessary and advisable, as well as the certificate of authentication on
printed or hard copies of the electronic documents or electronic data messages
by electronic notaries, service providers and other duly recognized or
appointed certification authorities.
The person seeking to introduce an electronic
data message or electronic document in any legal proceeding has the burden of
proving its authenticity by evidence capable of supporting a finding that the
electronic data message or electronic document is what the person claims it on
be.
In the absence of evidence to the contrary, the
integrity of the information and communication system in which an electronic
data message or electronic document is recorded or stored may be established in
any legal proceeding –
a.) By evidence that at all
material times the information and communication system or other similar device
was operating in a manner that did not affect the integrity of the electronic
data message or electronic document, and there are no other reasonable grounds
to doubt the integrity of the information and communication system,
b.) By showing that the
electronic data message or electronic document was recorded or stored by a
party to the proceedings who is adverse in interest to the party using it; or
c.) By showing that the
electronic data message or electronic document was recorded or stored in the
usual and ordinary course of business by a person who is not a party to the
proceedings and who did not act under the control of the party using the
record.
Section 12. Admissibility and
Evidential Weight of Electronic Data Message or electronic document. – In
any legal proceedings, nothing in the application of the rules on evidence
shall deny the admissibility of an electronic data message or electronic
document in evidence –
(a) On the sole ground that it
is in electronic form; or
(b) On the ground that it is not
in the standard written form, and the electronic data message or electronic
document meeting, and complying with the requirements under Sections 6 or7
hereof shall be the best evidence of the agreement and transaction contained
therein.
In assessing the evidential weight of an
electronic data message or electronic document, the reliability of the manner
in which it was generated, stored or communicated, the reliability of the
manner in which its originator was identified, and other relevant factor shall
be given due regard.
Section 13, Retention of Electronic
Data Message or Electronic Document. – Notwithstanding any provision of
law, rule or regulation to the contrary –
(a) The requirement in any
provision of law that certain documents be retained in their original form is
satisfied by retaining them in the form of an electronic data message or
electronic document which –
(i) Remains accessible so as to
be usable for subsequent reference;
(ii) Is retained in the format
in which it was generated, sent or received, or in a format which can be
demonstrated to accurately represent the electronic data message or electronic
document generated, sent or received;
(iii) Enables the
identification of its originator and addressee, as well as the detemination of
the date and the time it was sent or received.
(b) The requirement referred to
in paragraph (a) is satisfied by using the services of a third party, provided
that the conditions set fourth in subparagraph s (I), (ii) and (iii) of
paragraph (a) are met.
Section 14. Proof by Affidavit, -
The matters referred to in Section 12, on admissibility and Section 9, on the
presumption of integrity, may be presumed to have been established by an
affidavit given to the best of the deponent's knowledge subject to the rights
of parties in interest as defined in the following section.
Section 15. Cross – Examination.
(1) A deponent of an affidavit
referred to in Section 14 that has been introduced in evidence may be
cross-examined as of right by a party who has introduced the affidavit or has
caused the affidavit to be introduced.
(2) Any party to the proceedings
has the right to cross-examine a person referred to in section 11, Paragraph 4,
sub paragraph c.
CHAPTER III.
COMMUNICATION OF ELECTRONIC DATA MESSAGES OR ELECTRONIC DOCUMENTS
COMMUNICATION OF ELECTRONIC DATA MESSAGES OR ELECTRONIC DOCUMENTS
Section 16. Formation of Validity of
Electronic Contracts.
(1) Except as otherwise agreed
by the parties, an offer, the acceptance of an offer and such other elements
required under existing laws for the formation of contracts may be expressed
in, demonstrated and proved by means of electronic data messages or electronic
documents and no contract shall be denied validity or enforceability on the
sole ground that it is in the form of an electronic data message or electronic
document, or that any or all of the elements required under existing laws for
the formation of contracts is expressed, demonstrated and proved by means of
electronic data messages or electronic documents.
(2) Electronic transactions made
through networking among banks, or linkages thereof with other entities or
networks, and vice versa, shall be deemed consummated upon the actual
dispensing of cash or the debit of one account and the corresponding credit to
another, whether such transaction is initiated by the depositor or by an
authorized collecting party: provided, That the obligation of one bank,
entity, or person similarly situated to another arising therefrom shall
considered absolute and shall not be subjected to the process of preference of
credits.
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, a
declaration of will or other statement shall not be denied legal effect,
validity or enforceability solely on the ground that it is in the form of an
electronic data message or electronic document.
Section 18. Attribution of Electronic
Data Message. –
(1) An electronic data message
or electronic document is that of the originator if it was set by the
originator himself.
(2) As between the originator
and the addressee, an electronic data message or electronic document is deemed
to be that of the originator if it was sent:
(a) by a person who had the
authority to act on behalf of the originator with respect to that electronic
data message or electronic document; or
(b) by an information system
programmed by, or on behalf of the originator to operate automatically.
(3) As between the originator
and the addressee, an addressee is entitled to regard an electronic data
message or electronic document as being that of the originator, and to act on
that assumption, if:
(a) in order to ascertain
whether the electronic data message or electronic document was that of the
originator, the addressee properly applied a procedure previously agreed to by
the originator for that purpose; or
(b) the electronic data message
or electronic document as received by the addressee resulted from the actions
of a person whose relationship with the originator or with any agent of the
originator enabled that person to again access to a method used by the
originator to identify electronic data message or electronic documents as his
own.
(4) Paragraph (3) does not
apply:
(a) as of the time when the
addressee has both received notice from the originator that the electronic data
message or electronic document is not that of the originator, and has
reasonable time to act accordingly; or
(b) in a case within paragraph
(3) sub-paragraph (b), at any time when the addressee knew or should have
known, had it exercised reasonable care of used any agreed procedure, that the
electronic data message or electronic document was not that of the originator.
(5) Where an electronic data
message or electronic document is that of the originator or is deemed to be
that of the originator, or the addressee is entitled to act on that assumption,
then, as between the originator and the addressee, the addressee is entitled to
regard the electronic data message or electronic document as received as being
what the originator intended to send, and to act on that assumption. The addressee
is not so entitled when it knew or should have known, had it exercised
treasonable care or used any agreed procedure, that the transmission resulted
in any error in the electronic data message or electronic document as received.
(6) The addressee is entitled to
regard each electronic data message or electronic document received as a
separate electronic data message o r electronic document and to act on that
assumption, except to the extent that it duplicates another electronic data
message or electronic document and the addressee knew or should have known, had
it exercised reasonable care or used any agreed procedure, that the electronic
data message or electronic document was a duplicate.
Section 19. Error on Electronic Data
Message or Electronic Document. – The addressee is entitled to regard the
electronic data message or electronic document received as that which the
originator intended to send, and to act on that assumption, unless the
addressee knew or should have known, had the addressee exercised reasonable
care or used the appropriate procedure –
(a) That the transmission
resulted in any error there in or in the electronic data message or electronic
document enters the designated information system, or
(b) That electronic data message
or electronic document is sent to an information system which is not so
designated by the addressee for the purposes.
Section 20. Agreement on
Acknowledgement of Receipt of Electronic Data Message or Electronic Document.
– The following rules shall apply where, on or before sending an electronic
data message or electronic document, the originator and the addressee have
agreed, or in that electronic document or electronic data message, the
originator has requested, that receipt of the electronic document or electronic
data message be acknowledge:
a.) Where the originator has not
agreed with the addressee that the acknowledgement be given in particular
method, an acknowledgement may be given by or through any communication by the
addressee, automated or otherwise, or any conduct of the addressee, sufficient
to indicate to the originator that the electronic data message or electronic
document has been received.
b.) Where the originator has
stated that the effect or significance of the electronic data message e or
electronic document is conditional on receipt of the acknowledgement thereof,
the electronic data message or electronic document is treated as though it has
never been sent, until the acknowledgement is received.
c.) Where the originator has not
stated that the effect or significance of the electronic data message or
electronic document is conditional on receipt of the acknowledgement, and the
acknowledgement has not been received by the originator within the time
specified or agreed or, if no time has been specified or agreed, within the
reasonable time, the originator may give notice to the addressee stating that
no acknowledgement has been received and specifying a reasonable time by which
the acknowledgement must be received; and if the acknowledgement is not received
within the time specified an subparagraph (c), the originator may, upon notice
to the addressee, treat the electronic data message or electronic document as
though it had never been sent, or exercise any other rights it may have.
Section 21. Time of Dispatch of
Electronic Data Messages or Electronic Documents. – Unless otherwise agreed
between the originator and the addressee, the dispatch of an electronic data
message or electronic document occurs when it enters an information system
outside the control of the originator or of the person who sent the electronic
data message or electronic document on behalf of the originator.
Section 22. Time of Receipt of
Electronic Data Messages or Electronic Documents. – Unless otherwise agreed
between the originator and the addressee, the time of receipt of an electronic
data message or electronic document is as follows:
a.) If the addressee has
designated an information system for the purpose of receiving electronic data
messages or electronic documents, receipt occurs at the time when the
electronic data message or electronic document enters the designated
information system: Provide, however, That if the originator and
the addressee are both participants in the designated information system,
receipt occurs at the time when the electronic data message or electronic
document is retrieved by the addressee;
b.) If the electronic data
message or electronic document is sent to an information system of the
addressee that is not the designated information system, receipt occurs at the
time when the electronic data message or electronic document is retrieved by
the addressee;
c.) If the addressee has not
designated an information system, receipt occurs when the electronic data
message or electronic document enters an information system of the addressee.
These rules apply not with standing that the
place where the information system is located may be different from the place
where the electronic data message or electronic document is deemed to be
received.
Section 23. Place of Dispatch and
Receipt of Electronic Data Messages or Electronic Documents.- Unless
otherwise agreed between the originator and the addressee, an electronic data
message or electronic document is deemed to be dispatched at the place where
the originator has its place of business and received at the place where the
addressee has its place of business. This rule shall apply even if the
originator or addressee had used a laptop other portable device to transmit or
received his electronic data message or electronic document. This rules shall
also apply to determine the tax situs of such transaction.
For the purpose hereof –
a. If the originator or
addressee has more than one place of business is that which has the closet
relationship to the underlying transaction or, where there is no underlying
transaction, the principal place of business.
b. If the originator or the
addressee does not have a place of business, reference is to be made to its
habitual residence; or
c. The "usual place of
residence" in relation to a body corporate, means the place where it is
incorporated or otherwise legally constituted.
Section 24. Choice of Security Methods.
– Subject to applicable laws and /or rules and guidelines promulgated by the
Department of Trade and Industry with other appropriate government agencies,
parties to any electronic transaction shall be free to determine the type of
level of electronic data message or electronic document security needed, and to
select and use or implement appropriate technological methods that suit their
need.
PART III
ELECTRONIC COMMERCE IN CARRIAGE OF GOODS
ELECTRONIC COMMERCE IN CARRIAGE OF GOODS
Section 25. Actions Related to
Contracts of Carriage of Goods. – without derogating from the provisions of
Part Two of this Act, this Chapter applies to any action in connection with, or
in pursuance of, a contract of carriage of goods, including but not limited to:
(a) (i) furnishing the marks,
number, quantity or weight of goods;
(ii) stating or declaring the
nature or value of goods;
(iii) issuing a receipt for
goods;
(iv) confirming that goods have
been loaded;
(b) (i) notifying a person of
terms and conditions of the contract;
(ii) giving instructions to a
carrier;
(c) (i) claiming delivery of
goods;
(ii) authorizing release of
goods;
(iii) giving notice of loss of,
or damage to goods;
(d) giving any other notice or
statement in connection with the performance of the contract;
(e) undertaking to deliver goods
to a named person or a person authorized to claim delivery;
(f) granting, acquiring,
renouncing, surrendering, transferring or negotiating rights in goods;
(g) acquiring or transferring
rights and obligations under the contract.
Section 26. Transport Documents. –
(1) Subject to paragraph (3), where the law requires that any action referred
to in Section 25 be carried out in writing or by using a paper document, that
requirement is met if the action is carried out by using one or more electronic
data messages or electronic documents.
(a) Paragraph (1) applies
whether the requirement there in is in the form of an obligation or whether the
law simply provides consequences for failing either to carry out the action in
writing or to use a paper document.
(b) If a right is to be granted
to, or an obligation is to be acquired by, one person and no person, and if the
law requires that, in order to effect this, the right or obligation must be
conveyed to that person by the transfer, or use of, a paper document, that
requirement is met if the right or obligation is conveyed by using one or more
electronic data messages or electronic documents: Provided, that a
reliable method is used to render such electronic data messages or electronic
documents unique.
(c) For the purposes of
paragraph (3), the standard of reliability required shall be assessed in the
light of the purpose for which the right or obligation was conveyed and in the
light of all the circumstances, including any relevant agreement.
(d) Where one or more electronic
data messages or electronic documents are used to effect any action in
subparagraph (f) and (g) of Section 25, no paper document used to effect any
such action is valid unless the use of electronic data message or electronic
document has been terminated and replaced by the used of paper documents. A
paper document issued in these circumstances shall contain a statement of such
termination. The re[placement of the electronic data messages or electronic
documents by paper documents shall not affect the rights or obligation of the
parties involved.
(e) If a rule of laws is
compulsorily applicable to a contract of carriage of goods which is in, or is
evidenced by, a paper document, that rule shall not be inapplicable to such a
contract of carriage of goods which is evidenced by one or more electronic data
messages or electronic documents by reason of the fact that the contract is evidenced
by such electronic data message or electronic documents instead of by a paper
document.
PART IV
ELECTRONIC TRANSACTIONS IN GOVERNMENT
ELECTRONIC TRANSACTIONS IN GOVERNMENT
Section 27. Government Use of
Electronic Data Messages, Electronic Documents and Electronic Signature. –
Not with standing any law to the contrary, within two (2) years from the date
of the effectivity of this Act, all departments, bureaus, offices and agencies
of the government, as well as all government-owned and –controlled
corporations, that pursuant to law require or accept the filling of documents,
require that documents be created, or retained and/or submitted, issue permits,
licences or certificates of registration or approval, or provide for the method
and manner of payment or settlement of fees and other obligations to the
government, shall –
(a) accept the creation, filing
or retention of such documents in the form of electronic data messages or
electronic documents;
(b) issue permits, licences, or
approval in the form of electronic data messages or electronic documents;
(c) require and/or accept
payments, and issue receipt acknowledging such payments, through systems using
electronic data messages or electronic documents; or
(d) transact the government
business and/or perform governmental factions using electronic data messages or
electronic documents, and for the purpose, are authorized to adopt and
promulgate, after appropriate public hearing and with due publications in
newspapers of general circulation, the appropriate rules, regulations, or
guidelines, to, among others, specify –
1) the manner and format in
which such electronic data messages or electronic documents shall be filed,
created, retained or issued;
2) where and when such
electronic data messages or electronic documents have to signed, the use of an
electronic signature, the type of electronic signature required;
3) the format of an electronic
data message or electronic document and the manner the electronic signature
shall be affixed to the electronic data messages or electronic documents;
4) the control processes and
procedures appropriate to ensure adequate integrity, security and
confidentiality of electronic data messages or electronic documents or records
of payments;
5) other attributes required to
electronic data messages or electronic documents; and
6) the full or limited use of
the documents and papers for compliance with the government requirements: provided,
That this Act shall be itself mandate any department of the government,
organ of state or statutory corporation to accept or issue any document in the
form of electronic data messages or electronic documents upon the adoption,
promulgation and publication of the appropriate rules, regulations or
guidelines.
Section 28. RPWEB Promote the Use of
Electronic Documents or Electronic Data Messages in Government and to the
General Public.- Within two (2) years from the effectivity of this Act,
There shall be installed an electronic online network in accordance with
Administrative Order 332 and House of Representatives Resolution 890, otherwise
known as RPWEB, to implement Part IV of this Act to facilitate the open, speedy
and efficient electronic online transmission, conveyance and use of electronic
data messages or electronic documents amongst all government departments,
agencies, bureaus, offices down to the division level and to the regional and
provincial offices as practicable as possible, government owned and controlled
corporations, local government units, other public instrumentalities,
universities, colleges and other schools, and universal access to the general
public.
The RPWEB network shall serve as initial platform
of the government information infrastructure (GII) to facilitate the electronic
online transmission and conveyance of government services to evolve and improve
by better technologies or kinds and electronic online wide area networks
utilizing, but not limited to, fiber optic, satellite, wireless and other
broadband telecommunication mediums or modes.
To facilitate the rapid development of the GII,
the Department of Transportation and Communications, National
Telecommunications Commissions and the National Computer Center are hereby
directed to aggressively promote and implement a policy environment and
regulatory framework that shall lead to the substantial reduction of costs of
including, but not ; limited to, lease lines, land, satellite and dial-up
telephone access, cheap broadband and wireless accessibility by government
departments, agencies, bureaus, offices, government owned and controlled
corporations, local government units, other public instrumentalities and the
general public, to include the establishment of a government website portal and
a domestic internal exchange system to facilitate strategic access to
government and amongst agencies thereof and the general public and for the
speedier flow of locally generated internal traffic within the Philippines.
The physical infrastructure of cable and wireless
system for cable TV and broadcast excluding programming content and the
management thereof shall be considered as within the activity of
telecommunications for the purpose of electronic commerce and to maximize the
convergence of ICT in the installation of the GII.
Section 29. Authority of the Department
of Trade and Industry and Participating Entities. – The Department of Trade
and Industry (DTI) shall direct supervise the promotion and development of
electronic commerce in the country with relevant government agencies, without
prejudice to the provision of Republic Act 7653 (Charter of Bangko Sentral ng
Pilipinas) and Republic Act No. 337, (General Banking Act) as amended.
Among others, the DTI is empowered to promulgate
rules and regulations, as well as provide quality standards or issue
certifications, as the case may be, and perform such other function as may be
necessary for the Implementation of this Act in the area of electronic commerce
to include, but not limit to, the installation of an online public information
and quality and price monitoring system for goods and services aimed in
protecting the interests of the consuming public availing of the advantages of
this Act.
PART V
FINAL PROVISIONS
FINAL PROVISIONS
Section 30. Extent of Liability of a
Service Provider. – Except as otherwise provided in this Section, no person
or party shall be subject to any civil or criminal liability in respect of the
electronic data message or electronic document for which the person or party
acting as a service provider as defined in Section 5, merely provides access if
such liability is founded on –
(a) The obligations and
liabilities of the parties under the electronic data message or electronic
document;
(b) The Making, publication,
dissemination or distribution of such material or any statement made in such
material, including possible infringement of any right subsisting in or in relation
to such material. Provided, That
i. The service provider does
not have actual knowledge, or is not aware of the facts or circumstances from
which it is apparent, that the making, publication, dissemination or
distribution of each material is unlawful or infringes any rights subsisting in
or in relation to such material;
ii The service provider does
not knowingly receive a financial benefit directly attributable to the unlawful
or infringing activity; and
iii. The service provider does
not directly commit any infringement or other unlawful act and does not endues
cause another person or party to commit any infringement or other unlawful act
and/or does not benefit financially from the infringing activity or unlawful
act or another person or party; Provider, further, That nothing in this
Section shall affect –
(a) Any obligation founded on
contract;
(b) The obligation of a service
provider as such under a licensing or other regulatory regime established under
written law;
(c) Any obligation imposed under
any written law;
(d) The civil liability of any
party to the extent that such liability forms the basis for injunctive relief
issued by a court under any law requiring that the service provider take or
refrain from action necessary to remove, block or deny access to any material,
or to preserve evidence of a violation of law.
Section 31. Lawful Access. – Access
to an electronic file, or an electronic signature of an electronic data message
or electronic document shall only be authorized and enforced in favor of the
individual or entity having a legal right to the possession or the use of
plaintext, electronic signature or file or solely for the authorized purposes.
The electronic key for identity or integrity shall not be made available to any
person or party without the consent of the individual or entity in lawful
possession of that electronic key;
Section 32. Obligation of
Confidentiality. – Except for the purposes authorized under this Act, any
person who obtained access to any electronic key, electronic data message or
electronic document, book, register, correspondence, information, or other
material pursuant to any powers conferred under this Act, shall not convey to
or share the same with any other person.
Section 33. Penalties. - The
following Acts, shall be penalized by fine and/or imprisonment, as follows:
(a) Hacking or crackling with
refers to unauthorized access into or interference in a computer system/server
or information and communication system; or any access in order to corrupt,
alter, steal, or destroy using a computer or other similar information and
communication devices, without the knowledge and consent of the owner of the
computer or information and communications system, including the introduction
of computer viruses and the like, resulting in the corruption, destruction,
alteration, theft or loss of electronic data messages or electronic documents
shall be punished by a minimum fine of One Hundred Thousand pesos (P
100,000.00) and a maximum commensurate to the damage incurred and a mandatory
imprisonment of six (6) months to three (3) years;
(b) Piracy or the unauthorized
copying, reproduction, dissemination, or distribution, importation, use,
removal, alteration, substitution, modification, storage, uploading,
downloading, communication, making available to the public, or broadcasting of
protected material, electronic signature or copyrighted works including legally
protected sound recording or phonograms or information material on protected
works, through the use of telecommunication networks, such as, but not limited
to, the internet, in a manner that infringes intellectual property rights shall
be punished by a minimum fine of One Hundred Thousand pesos (P 100,000.00) and
a maximum commensurate to the damage incurred and a mandatory imprisonment of
six (6) months to three (3) years;
(c) Violations of the Consumer
Act of Republic Act No. 7394 and other relevant to pertinent laws through
transaction covered by or using electronic data messages or electronic
documents, shall be penalized with the same penalties as provided in those
laws;
(d) Other violations of the
provisions of this Act, shall be penalized with a maximum penalty of One
million pesos (P1,000,000.00) or six (6) years imprisonment.
Section 34. Implementing Rules and
Regulations. – The DTI, Department of Budget and Management and the Bangko
Sentral ng Pilipinas are hereby empowered to enforced the provisions of this
Act and issue implementing rules and regulations necessary, in coordination
with the Department of Transportation and Communications, National Computer
Center, National information Technology Council, Commission on Audit, other
concerned agencies and the private sector, to implement this Act within sixty
(60) days after its approval.
Failure to Issue rules and regulations shall not
in any manner affect the executory nature of the provisions of this Act.
Section 35. Oversight Committee. –
There shall be Congressional Oversight Committee composed of the Committees and
Trade and Industry/Commerce, Science and Technology, Finance and Appropriations
of both the Senate and House of Representatives, which shall meet at least
every quarter of the first two years and every semester for the third year
after the approval of this Act to oversee its implementation. The DTI, DBM, Bangko
Sentral ng Pilipinas, and other government agencies as may be determined by the
Congressional Committee shall provide a quarterly performance report of their
actions taking in the implementation of this Act for the first three (3) years.
Section 36. Appropriations. - The
amount necessary to carry out the provisions of Sections 27 and 28 of this Act
shall be charged against any available funds and/or savings under the General
Appropriations Act of 2000 in the first year of effectivity of this Act. Thereafter,
the funds needed for the continued implementation shall be included in the
annual General Appropriations Act.
Section 37. Statutory Interpretation.
– Unless otherwise expressly provided for, the interpretation of this Act shall
give due regard to its international origin and the need to promote uniformity
in its application and the observance of good faith in international trade
relations. The generally accepted principles of international law and
convention and electronic commerce shall likewise be considered.
Section 38. Variation of Agreement.
– As between parties involved in generating, sending, receiving, storing or
otherwise processing electronic data message or electronic document, any
provisions of this Act may be varied by agreement between and among them.
Section 39. Reciprocity. – All benefits,
privileges, advantages or statutory rules established under this Act, including
those involving practice of profession, shall be enjoyed only by parties whose
country origin grants the same benefits and privileges or advantages to
Filipino citizens.
Section 40. Separability Clause. –
The provisions of this Act are hereby declared separable and in the event of
any such provision is declared unconstitutional the other provisions to remain
in the force and effect.
Section 41. Repealing Clause. – All
other laws, decrees, rules and regulations or parts thereof which are
inconsistent with the provisions of this Act are hereby repealed, amended or
modified accordingly.
Section 42. Effectivity. – This Act
shall take effect immediately after its publication in the Official Gazette
or in at least two (2) newspapers of general circulation.
Approved:
June 14, 2000
(Sgd.) JOSEPH E. ESTRADAPresident of the Philippines
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