QuestionsQuestions (Republic Act No. 8792)
RA 8792 aims to facilitate domestic and international electronic dealings/transactions and to recognize the authenticity and reliability of electronic data messages/documents, promoting universal use of electronic transactions, especially in government and by the public. Its policy also supports ICT availability/affordability, development of human resources, technology neutrality and security, and deployment of national information infrastructures with appropriate legal/financial/technical frameworks.
It applies to any kind of electronic data message and electronic document used in the context of both commercial and non-commercial activities, including domestic and international dealings/transactions/arrangements/agreements/contracts, and exchanges/storage of information.
An “electronic data message” is information generated, sent, received, or stored by electronic, optical, or similar means. An “electronic document” is information or representation of information/data/figures/symbols/modes of written expression by which a right is established or an obligation extinguished, or by which a fact may be proved and affirmed, and which is received/recorded/transmitted/stored/processed/retrieved/produced electronically.
Information shall not be denied validity or enforceability solely because it is in the form of an electronic data message purporting to give rise to legal effect, or solely because it is incorporated by reference in that message.
When the electronic document maintains integrity and reliability and can be authenticated for subsequent reference. Integrity/reliability requires: (1) it has remained complete and unaltered except authorized changes/endorsements and changes arising normally in communication/storage/display; and (2) it is reliable in light of the purpose for which it was generated and relevant circumstances.
For evidentiary purposes, an electronic document is the functional equivalent of a written document under existing laws.
When the electronic signature is an electronic signature and proven by showing that a prescribed procedure (not alterable by interested parties) exists under which: (1) it identifies the party and shows that party’s access to the electronic document necessary for consent/approval; (2) the method is reliable and appropriate for the purpose considering all circumstances; (3) it was necessary for the party to execute/provide the electronic signature to proceed; and (4) the other party is authorized/enabled to verify the electronic signature to authenticate the decision to proceed.
It is presumed that the electronic signature is the signature of the person to whom it correlates, and that it was affixed with intention to sign/approve, unless the relying party knew/had notice of defects or unreliability, or reliance was not reasonable under the circumstances.
For original form requirements, integrity and reliability must be shown: (a) integrity from generation in final form by evidence (integrity assessed as completeness/un-alteration apart from authorized/normal changes), and (b) capability of being displayed to the person to whom it is to be presented. Sec. 13 similarly allows retention in electronic form if accessible for subsequent reference, in a demonstrably accurate format, and it identifies originator/addressee and date/time sent/received.
The person seeking to introduce an electronic data message/electronic document in legal proceedings has the burden of proving its authenticity by evidence capable of supporting a finding that it is what the person claims it to be.
Integrity may be established by showing (1) at all material times the system operated in a manner not affecting integrity and no other reasonable grounds exist to doubt integrity; or (2) the electronic data message/document was recorded/stored by an adverse party; or (3) it was recorded/stored in the usual and ordinary course of business by a non-party acting without control of the party using the record.
Nothing denies admissibility solely because it is electronic or not in standard written form. If it meets Sec. 6 or 7, it is best evidence of the agreement/transaction contained therein. Evidential weight depends on reliability of generation/storage/communication, reliability of originator identification, and other relevant factors.
Yes. Offer, acceptance, and other contract elements may be expressed/demonstrated/proved by electronic data messages/electronic documents. No contract shall be denied validity or enforceability solely because it is electronic or because elements were expressed/demonstrated/proved electronically.
They are deemed consummated upon the actual dispensing of cash or the debit of one account and the corresponding credit to another, whether initiated by the depositor or by an authorized collecting party. The resulting obligation of one bank/entity to another is considered absolute and not subject to the process of preference of credits.
It is that of the originator if sent by the originator. It is deemed sent by the originator if sent by an authorized person acting on the originator’s behalf or by an information system programmed by/on behalf of the originator to operate automatically. The addressee may act on that assumption if it properly applied agreed procedures or the message resulted from actions of someone whose relationship enabled access to identification methods.
Generally, receipt occurs when the electronic data message enters the designated information system. If both parties are participants in the designated system, receipt occurs when retrieved by the addressee. If sent to a non-designated system, receipt occurs when retrieved by the addressee. If no designated system, receipt occurs when it enters an information system of the addressee. Location differences of the system do not change the legal receipt rule.
If acknowledgment is conditional, the electronic data message is treated as though it has never been sent until the acknowledgment is received.
Within two years from effectivity, government departments/bureaus/offices and GOCCs that require/accept filings, retention/submission, or issue permits/licenses/certificates, or handle payments/settlement must accept creation/filing/retention in electronic form, issue permits/licenses/approvals electronically, require/accept electronic payments and receipts, and transact government business using electronic messages/documents—after public hearings and publication of appropriate rules/guidelines.
They must merely provide access and liability cannot be founded on the content/its dissemination except where the provider (1) does not have actual knowledge/awareness of unlawfulness or infringement; (2) does not knowingly receive financial benefit directly attributable to the unlawful/infringing activity; and (3) does not directly commit infringement/unlawful act, induce/causes others to commit, or benefit financially from another’s unlawful act. Contract and other statutory obligations and injunctive relief duties are not affected.
Unauthorized access/interference with a computer system/server or similar system to corrupt/alter/steal/destroy data (including introducing viruses), without owner knowledge/consent, resulting in corruption/destruction/alteration/theft/loss of electronic data/messages/documents. Penalty: minimum fine of P100,000 and a mandatory imprisonment of six (6) months to three (3) years, with the maximum commensurate to damage.