REPUBLIC ACT NO.

8792 June 14, 2000 (b) "Computer" refers to any device or apparatus which, by electronic, electro-
mechanical, or magnetic impulse, or by other means, is capable of receiving,
recording, transmitting, storing, processing, retrieving, or producing
AN ACT PROVIDING FOR THE RECOGNITION AND USE OF ELECTRONIC COMMERCIAL
information, data, figures, symbols or other modes of written expression
AND NON-COMMERCIAL TRANSACTIONS AND DOCUMENTS, PENALTIES FOR UNLAWFUL
according to mathematical and logical rules or of performing any one or more
USE THEREOF, AND FOR OTHER PURPOSES
of these functions.

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

(c) "Electronic Data Message" refers to information generated, sent, received
assembled:
or stored by electronic, optical or similar means.

PART I
(d) "Information and Communications System" refers to a system intended for
SHORT TITLE AND DECLARATION OF POLICY
and capable of generating, sending, receiving, storing, or otherwise processing
electronic data messages or electronic documents and includes the computer
Section 1. Short Title - This Act shall be known as the "Electronic Commerce Act of 2000." 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 data message
or electronic document.
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 (e) "Electronic Signature" refers to any distinctive mark, characteristic and/or
and services; the primary responsibility of the private sector in contributing investments and sound in electronic form, representing the identity of a person and attached to
services in telecommunications and information technology; the need to develop, with appropriate or logically associated with the electronic data message or electronic
training programs and institutional policy changes, human resources for the information technology document or any methodology or procedures employed or adopted by a
age, a labor force skilled in the use of ICT and a population capable of operating and utilizing person and executed or adopted by such person with the intention of
electronic appliances and computers; its obligation to facilitate the transfer and promotion of authenticating or approving an electronic data message or electronic
technology; to ensure network security, connectivity and neutrality of technology for the national document.
benefit; and the need to marshal, organize and deploy national information infrastructures,
comprising in both telecommunications network and strategic information services, including their
(f) "Electronic Document" refers to information or the representation of
interconnection to the global information networks, with the necessary and appropriate legal,
information, data, figures, symbols or other modes of written expression,
financial, diplomatic and technical framework, systems and facilities.
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
PART II receive, recorded, transmitted, stored, processed, retrieved or produced
ELECTRONIC COMMERCE IN GENERAL electronically.

CHAPTER I (g) "Electronic Key" refers to a secret code which secures and defends
GENERAL PROVISIONS sensitive information that cross over public channels into a form decipherable
only with a matching electronic key.
Section 3. Objective - This Act aims to facilitate domestic and international dealings, transactions,
arrangements agreements, contracts and exchanges and storage of information through the (h) "Intermediary" refers to a person who in behalf of another person and with
utilization of electronic, optical and similar medium, mode, instrumentality and technology to respect to a particular electronic document sends, receives and/or stores
recognize the authenticity and reliability of electronic documents related to such activities and to provides other services in respect of that electronic data message or electronic
promote the universal use of electronic transaction in the government and general public. document.

Section 4. Sphere of Application - This Act shall apply to any kind of data message and electronic (i) "Originator" refers to a person by whom, or on whose behalf, the electronic
document used in the context of commercial and non-commercial activities to include domestic and document purports to have been created, generated and/or sent. The term
international dealings, transactions, arrangements, agreements contracts and exchanges and does not include a person acting as an intermediary with respect to that
storage of information. electronic document.

Section 5. Definition of Terms - For the purposes of this Act, the following terms are defined, as (j) "Service provider" refers to a provider of -
follows:
i. On-line services or network access or the operator of facilities
(a) "Addressee" refers to a person who is intended by the originator to receive therefor, including entities offering the transmission, routing, or
the electronic data message or electronic document. The term does not providing of connections for online communications, digital or
include a person acting as an intermediary with respect to that electronic data otherwise, between or among points specified by a user, of
message or electronic data document. electronic documents of the user's choosing; or
 ii. The necessary technical means by which electronic documents of This Act does not modify any statutory rule relating to admissibility of electronic data massages or
an originator may be stored and made accessible to designated or electronic documents, except the rules relating to authentication and best evidence.
undesignated third party.
Section 8. Legal Recognition of Electronic Signatures. - An electronic signature on the electronic
Such service providers shall have no authority to modify or alter the content of the electronic data document shall be equivalent to the signature of a person on a written document if that signature is
message or electronic document received or to make any entry therein on behalf of the originator, proved by showing that a prescribed procedure, not alterable by the parties interested in the
addressee or any third party unless specifically authorized to do so, and who shall retain the electronic document, existed under which -
electronic document in accordance with the specific request or as necessary for the purpose of
performing the services it was engaged to perform.
(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
CHAPTER II approval through the electronic signature;
LEGAL RECOGNITION OF ELECTRONIC WRITING
OR DOCUMENT AND DATA MESSAGES
(b) Said method is reliable and appropriate for the purpose for which the
electronic document was generated or communicated, in the light of all
Section 6. Legal Recognition of Electronic Data Messages - Information shall not be denied legal circumstances, including any relevant agreement;
effect, validity or enforceability solely on the grounds that it is in the data message purporting to
give rise to such legal effect, or that it is merely referred to in that electronic data message.
(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
Section 7. Legal Recognition of Electronic Documents - Electronic documents shall have the legal signature; and
effect, validity or enforceability as any other document or legal writing, and -
(d) The other party is authorized and enabled to verify the electronic signature
(a) Where the law requires a document to be in writing, that requirement is met and to make the decision to proceed with the transaction authenticated by the
by an electronic document if the said electronic document maintains its same.
integrity and reliability and can be authenticated so as to be usable for
subsequent reference, in that -
Section 9. Presumption Relating to Electronic Signatures - In any proceedings involving an
electronic signature, it shall be presumed that -
i. The electronic document has remained complete and unaltered,
apart from the addition of any endorsement and any authorized
(a) The electronic signature is the signature of the person to whom it
change, or any change which arises in the normal course of
correlates; and
communication, storage and display; and

(b) The electronic signature was affixed by that person with the intention of
ii. The electronic document is reliable in the light of the purpose for
signing or approving the electronic document unless the person relying on the
which it was generated and in the light of all relevant circumstances.
electronically signed electronic document knows or has noticed of defects in or
unreliability of the signature or reliance on the electronic signature is not
(b) Paragraph (a) applies whether the requirement therein is in the form of an reasonable under the circumstances.
obligation or whether the law simply provides consequences for the document
not being presented or retained in its original from.
Section 10. Original Documents. -

(c) Where the law requires that a document be presented or retained in its
(1) Where the law requires information to be presented or retained in its
original form, that requirement is met by an electronic document if -
original form, that requirement is met by an electronic data message or
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 form;
(a) the integrity of the information from the time when it was first
and
generated in its final form, as an electronic data message or
electronic document is shown by evidence aliunde or otherwise; 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
(b) where it is required that information be resented, that the
shall apply to vary any and all requirements of existing laws on
information is capable of being displayed to the person to whom it is
formalities required in the execution of documents for their validity.
to be presented.

For evidentiary purposes, an electronic document shall be the functional equivalent of a written
document under existing laws.
 (2) Paragraph (1) applies whether the requirement therein is in the form of an the integrity of the electronic data message and/or electronic document, and
obligation or whether the law simply provides consequences for the there are no other reasonable grounds to doubt the integrity of the information
information not being presented or retained in its original form. and communication system,

(3) For the purpose of subparagraph (a) of paragraph (1): b.) By showing that the electronic data message and/or electronic document
was recorded or stored by a party to the proceedings who is adverse in
interest to the party using it; or
(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 c.) By showing that the electronic data message and/or electronic document
normal course of communication, storage and display ; and 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.
(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 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 -
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 (a) On the sole ground that it is in electronic form; or
validating a claimed identity of a user, device, or another entity is an information or communication
system, among other ways, as follows;
(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
(a) The electronic signature shall be authenticated by proof than a letter , requirements under Sections 6 or 7 hereof shall be the best evidence of the
character, number or other symbol in electronic form representing the persons agreement and transaction contained therein.
named in and attached to or logically associated with an electronic data
message, electronic document, or that the appropriate methodology or security
In assessing the evidential weight of an electronic data message or electronic document, the
procedures, when applicable, were employed or adopted by such person, with
reliability of the manner in which it was generated, stored or communicated, the reliability of the
the intention of authenticating or approving in an electronic data message or
manner in which its originator was identified, and other relevant factors shall be given due regard.
electronic document;

Section 13. Retention of Electronic Data Message or Electronic Document. - Notwithstanding any
(b) The electronic data message or electronic document shall be authenticated
provision of law, rule or regulation to the contrary -
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 and/or electronic document, or detecting error or alteration in the (a) The requirement in any provision of law that certain documents be retained
communication, content or storage of an electronic document or electronic in their original form is satisfied by retaining them in the form of an electronic
data message from a specific point, which, using algorithm or codes, data message or electronic document which -
identifying words or numbers, encryptions, answers back or acknowledgement
procedures, or similar security devices.
(i) Remains accessible so as to be usable for subsequent reference;

The supreme court may adopt such other authentication procedures, including the use of electronic
(ii) Is retained in the format in which it was generated, sent or
notarization systems as necessary and advisable, as well as the certificate of authentication on
received, or in a format which can be demonstrated to accurately
printed or hard copies of the electronic document or electronic data messages by electronic
represent the electronic data message or electronic document
notaries, service providers and other duly recognized or appointed certification authorities.
generated, sent or received;

The person seeking to introduce an electronic data message or electronic document in any legal
(iii) Enables the identification of its originator and addressee, as well
proceeding has the burden of proving its authenticity by evidence capable of supporting a finding
as the determination of the date and the time it was sent or received.
that the electronic data message or electronic document is what the person claims it be.

(b) The requirement referred to in paragraph (a) is satisfied by using the

In the absence of evidence to the contrary, the integrity of the information and communication
services of a third party, provided that the conditions set fourth in
system in which an electronic data message or electronic document is recorded or stored may be
subparagraph s (i), (ii) and (iii) of paragraph (a) are met.
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
Section 14. Proof by Affidavit. - The matters referred to in Section 12, on admissibility and Section (a) by a person who had the authority to act on behalf of the
9, on the presumption of integrity, may be presumed to have been established by an affidavit given originator with respect to that electronic data message or electronic
to the best of the deponent's knowledge subject to the rights of parties in interest as defined in the document; or
following section.
(b) by an information system programmed by, or on behalf of the
Section 15. Cross - Examination. originator to operate automatically.

(1) A deponent of an affidavit referred to in Section 14 that has been (3) As between the originator and the addressee, an addressee is entitled to
introduced in evidence may be cross-examined as of right by a party to the regard an electronic data message or electronic document as being that of the
proceedings who is adverse in interest to the party who has introduced the originator, and to act on that assumption, if:
affidavit or has caused the affidavit to be introduced.
(a) in order to ascertain whether the electronic data message or
(2) Any party to the proceedings has the right to cross-examine a person electronic document was that of the originator, the addressee
referred to in section 11, paragraph 4, sub paragraph c. properly applied a procedure previously agreed to by the originator
for that purpose; or
CHAPTER III.
COMMUNICATION OF ELECTRONIC DATA MESSAGES OR ELECTRONIC DOCUMENTS (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
Section 16. Formation of Validity of Electronic Contracts.
enabled that person to gain access to a method used by the
originator to identify electronic data messages as his own.
(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
(4) Paragraph (3) does not apply:
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 (a) as of the time when the addressee has both received notice from
electronic data message or electronic document, or that any or all of the the originator that the electronic data message or electronic
elements required under existing laws for the formation of contracts is document is not that of the originator, and has reasonable time to
expressed, demonstrated and proved by means of electronic data messages act accordingly; or
or electronic documents.
(b) in a case within paragraph (3) sub-paragraph (b), at any time
(2) Electronic transactions made through networking among banks, or linkages when the addressee knew or should have known, had it exercised
thereof with other entities or networks, and vice versa, shall be deemed reasonable care of used any agreed procedure, that the electronic
consummated upon the actual dispensing of cash or the debit of one account data message or electronic document was not that of the originator.
and the corresponding credit to another, whether such transaction is initiated
by the depositor or by an authorized collecting party: Provided, that the
(5) Where an electronic data message or electronic document is that of the
obligation of one bank, entity, or person similarly situated to another arising
originator or is deemed to be that of the originator, or the addressee is entitled
therefrom shall be considered absolute and shall not be subjected to the
to act on that assumption, then, as between the originator and the addressee,
process of preference of credits.
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
Section 17. Recognition by Parties of Electronic Data Message or Electronic Document. - As act on that assumption. The addressee is not so entitled when it knew or
between the originator and the addressee of an electronic data message or electronic document, a should have known, had it exercised treasonable care or used any agreed
declaration of will or other statement shall not be denied legal effect, validity or enforceability solely procedure, that the transmission resulted in any error in the electronic data
on the ground that it is in the form of an electronic data message. message or electronic document as received.

Section 18. Attribution of Electronic Data Message. - (6) 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 assumption, except to the extent that it
(1) An electronic data message or electronic document is that of the originator
duplicates another electronic data message or electronic document and the
if it was sent by the originator himself.
addressee knew or should have known, had it exercised reasonable care or
used any agreed procedure, that the electronic data message or electronic
(2) As between the originator and the addressee, an electronic data message document was a duplicate.
or electronic document is deemed to be that of the originator if it was sent:
Section 19. Error on Electronic Data Message or Electronic Document. - The addressee is entitled a.) If the addressee has designated an information system for the purpose of
to regard the electronic data message or electronic document received as that which the originator receiving electronic data message or electronic document, receipt occurs at
intended to send, and to act on that assumption, unless the addressee knew or should have the time when the electronic data message or electronic document enters the
known, had the addressee exercised reasonable care or used the appropriate procedure - 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
(a) That the transmission resulted in any error therein or in the electronic
retrieved by the addressee;
document when the electronic data message or electronic document enters
the designated information system, or
b.) If the electronic data message or electronic document is sent to an
information system of the addressee that is not the designated information
(b) That electronic data message or electronic document is sent to an
system, receipt occurs at the time when the electronic data message or
information system which is not so designated by the addressee for the
electronic document is retrieved by the addressee;
purposes.

c.) If the addressee has not designated an information system, receipt occurs
Section 20. Agreement on Acknowledgement of Receipt of Electronic Data Messages or
when the electronic data message or electronic document enters an
Electronic Documents. - The following rules shall apply where, on or before sending an electronic
information system of the addressee.
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 acknowledged: These rules apply notwithstanding 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.
a.) Where the originator has not agreed with the addressee that the
acknowledgement be given in a particular form or by a particular method, an
acknowledgement may be given by or through any communication by the Section 23. Place of Dispatch and Receipt of Electronic Data Messages or Electronic Documents.
addressee, automated or otherwise, or any conduct of the addressee, - Unless otherwise agreed between the originator and the addressee, an electronic data message
sufficient to indicate to the originator that the electronic data message or or electronic document is deemed to be dispatched at the place where the originator has its place
electronic document has been received. 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 rule shall also apply to
b.) Where the originator has stated that the effect or significance of the
determine the tax situs of such transaction.
electronic data message 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 For the purpose hereof -
acknowledgement is received.
a. If the originator or addressee has more than one place of business, the
c.) Where the originator has not stated that the effect or significance of the place of business is that which has the closest relationship to the underlying
electronic data message or electronic document is conditional on receipt of the transaction or, where there is no underlying transaction, the principal place of
acknowledgement, and the acknowledgement has not been received by the business.
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
b. If the originator or the addressee does not have a place of business,
addressee stating that no acknowledgement has been received and specifying
reference is to be made to its habitual residence; or
a reasonable time by which the acknowledgement must be received; and if the
acknowledgement is not received within the time specified in subparagraph
(c), the originator may, upon notice to the addressee, treat the electronic c. The "usual place of residence" in relation to a body corporate, means the
document or electronic data as though it had never been sent, or exercise any place where it is incorporated or otherwise legally constituted.
other rights it may have.
Section 24. Choice of Security Methods. - Subject to applicable laws and /or rules and guidelines
Section 21. Time of Dispatch of Electronic Data Messages or Electronic Documents. - Unless promulgated by the Department of Trade and Industry with other appropriate government
otherwise agreed between the originator and the addressee, the dispatch of an electronic data agencies, parties to any electronic transaction shall be free to determine the type of level of
message or electronic document occurs when it enters an information system outside the control of electronic data message and electronic document security needed, and to select and use or
the originator or of the person who sent the electronic data message or electronic document on implement appropriate technological methods that suit their need.
behalf of the originator.
PART III
Section 22. Time of Receipt of Electronic Data Messages or Electronic Documents. - Unless ELECTRONIC COMMERCE IN SPECIFIC AREAS
otherwise agreed between the originator and the addressee, the time of receipt of an electronic
data message or electronic document is as follows:
CHAPTER I. by using one or more electronic data messages or electronic documents
CARRIAGE OF GOODS unique;

Section 25. Actions Related to Contracts of Carriage of Goods. - Without derogating from the (4) For the purposes of paragraph (3), the standard of reliability required shall
provisions of part two of this law, this chapter applies to any action in connection with, or in be assessed in the light of the purpose for which the right or obligation was
pursuance of, a contract of carriage of goods, including but not limited to: conveyed and in the light of all the circumstances, including any relevant
agreement.
(a) (i) furnishing the marks, number, quantity or weight of goods;
(5) Where one or more data messages are used to effect any action in
subparagraphs (f) and (g) of Section 25, no paper document used to effect any
(ii) stating or declaring the nature or value of goods;
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.
(iii) issuing a receipt for goods; A paper document issued in these circumstances shall contain a statement of
such termination. The replacement of the electronic data messages or
electronic documents by paper documents shall not affect the rights or
(iv) confirming that goods have been loaded; obligation of the parties involved.

(b) (i) notifying a person of terms and conditions of the contract; (6) 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
(ii) giving instructions to a carrier; 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 messages or
(c) (i) claiming delivery of goods; electronic documents instead of by a paper document.

(ii) authorizing release of goods; PART IV

ELECTRONIC TRANSACTIONS IN GOVERNMENT
(iii) giving notice of loss of, or damage to goods;
Section 27. Government Use of Electronic Data Messages, Electronic Documents and Electronic
(d) giving any other notice or statement in connection with the performance of Signatures. - Notwithstanding any law to the contrary, within two (2) years from the date of the
the contract; 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,
(e) undertaking to deliver goods to a named person or a person authorized to licenses or certificates of registration or approval, or provide for the method and manner of
claim delivery; payment or settlement of fees and other obligations to the government, shall -

(f) granting, acquiring, renouncing, surrendering, transferring or negotiating (a) accept the creation, filing or retention of such documents in the form of
rights in goods; electronic data messages or electronic documents;

(g) acquiring or transferring rights and obligations under the contract. (b) issue permits, licenses, or approval in the form of electronic data messages
or electronic documents;
Section 26. Transport Documents. - (1) Where the law requires that any action referred to contract
of carriage of goods be carried out in writing or by using a paper document, that requirement is met (c) require and/or accept payments, and issue receipts acknowledging such
if the action is carried out by using one or more data messages or electronic documents. payments, through systems using electronic data messages or electronic
documents; or
(2) 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 (d) transact the government business and/or perform governmental functions
carry out the action in writing or to use a paper document. using electronic data messages or electronic documents, and for the purpose,
are authorized to adopt and promulgate, after appropriate public hearing and
(3) If a right is to be granted to, or an obligation is to be acquired by, one with due publication in newspapers of general circulation, the appropriate
person and no person, and if the law requires that, in order to effect this, the rules, regulations, or guidelines, to, among others, specify -
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 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 telecommunications for the purpose of electronic commerce and to maximize the convergence of
documents have to signed, the use of an electronic signature, the ICT in the installation of the GII.
type of electronic signature required;
Section 29. Authority of the Department of Trade and Industry and Participating Entities. - The
3) the format of an electronic data message or electronic document Department of Trade and Industry (DTI) shall direct supervise the promotion and development of
and the manner the electronic signature shall be affixed to the electronic commerce in the country with relevant government agencies, without prejudice to the
electronic data message or electronic document; provisions of Republic Act 7653 (Charter of Bangko Sentral ng Pilipinas) and Republic Act No. 337,
(General Banking Act) as amended.
4) the control processes and procedures as appropriate to ensure
adequate integrity, security and confidentiality of electronic data Among others, the DTI is empowered to promulgate rules and regulations, as well as provide
messages or electronic documents or records of payments; quality standards or issue certifications, as the case may be, and perform such other functions as
may be necessary for the implementation of this Act in the area of electronic commerce to include,
but shall not limited to, the installation of an online public information and quality and price
5) other attributes required to electronic data messages or electronic
monitoring system for goods and services aimed in protecting the interests of the consuming public
documents or payments; and
availing of the advantages of this Act.

6) the full or limited use of the documents and papers for compliance
PART V
with the government requirements: Provided, that this Act shall be
FINAL PROVISIONS
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 Section 30. Extent of Liability of a Service Provider. - Except as otherwise provided in this Section,
adoption, promulgation and publication of the appropriate rules, no person or party shall be subject to any civil or criminal liability in respect of the electronic data
regulations or guidelines. 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 -
Section 28. RPWEB To 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 (a) The obligations and liabilities of the parties under the electronic data
shall be installed an electronic online network in accordance with Administrative Order 332 and message or electronic document;
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
(b) The making, publication, dissemination or distribution of such material or
use of electronic data messages or electronic documents amongst all government departments,
any statement made in such material, including possible infringement of any
agencies, bureaus, offices down to the division level and to the regional and provincial offices as
right subsisting in or in relation to such material. Provided, That:
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. 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 such
The RPWEB network shall serve as initial platform of the government information infrastructure
material is unlawful or infringes any rights subsisting in or in relation
(GII) to facilitate the electronic online transmission and conveyance of government services to
to such material;
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. ii The service provider does not knowingly receive a financial benefit
directly attributable to the unlawful or infringing activity; and
To facilitate the rapid development of the GII, the Department of Transportation and
Communications, National Telecommunications Commission and the National Computer Center iii. The service provider does not directly commit any infringement or
are hereby directed to aggressively promote and implement a policy environment and regulatory other unlawful act and does not induce or cause another person or
framework that shall lead to the substantial reduction of costs of including, but not limited to, lease party to commit any infringement or other unlawful act and/or does
lines, land, satellite and dial-up telephone access, cheap broadband and wireless accessibility by not benefit financially from the infringing activity or unlawful act or
government departments, agencies, bureaus, offices, government owned and controlled another person or party; Provider, further, That nothing in this
corporations, local government units, other public instrumentalities and the general public, to Section shall affect -
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
(a) Any obligation founded on contract;
public and for the speedier flow of locally generated internal traffic within the Philippines.

(b) The obligation of a service provider as such under a licensing or other

The physical infrastructure of cable and wireless system for cable TV and broadcast excluding
regulatory regime established under written law; or
programming content and the management thereof shall be considered as within the activity of
 (c) Any obligation imposed under any written law; 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
(d) The civil liability of any party to the extent that such liability forms the basis
the Department of Transportation and Communications, National Telecommunications
for injunctive relief issued by a court under any law requiring that the service
Commission, National Computer Center, National Information Technology Council, Commission on
provider take or refrain from actions necessary to remove, block or deny
Audit, other concerned agencies and the private sector, to implement this Act within sixty (60) days
access to any material, or to preserve evidence of a violation of law.
after its approval.

Section 31. Lawful Access. - Access to an electronic file, or an electronic signature of an electronic
Failure to Issue rules and regulations shall not in any manner affect the executory nature of the
data message or electronic document shall only be authorized and enforced in favor of the
provisions of this Act.
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 Section 35. Oversight Committee. - There shall be Congressional Oversight Committee composed
possession of that electronic key; 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
Section 32. Obligation of Confidentiality. - Except for the purposes authorized under this Act, any
oversee its implementation. The DTI, DBM, Bangko Sentral ng Pilipinas, and other government
person who obtained access to any electronic key, electronic data message or electronic
agencies as may be determined by the Congressional Committee shall provide a quarterly
document, book, register, correspondence, information, or other material pursuant to any powers
performance report of their actions taking in the implementation of this Act for the first three (3)
conferred under this Act, shall not convey to or share the same with any other person.
years.

Section 33. Penalties. - The following Acts, shall be penalized by fine and/or imprisonment, as
Section 36. Appropriations. - The amount necessary to carry out the provisions of Sections 27 and
follows:
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
(a) Hacking or crackling with refers to unauthorized access into or interference the continued implementation shall be included in the annual General Appropriations Act.
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
Section 37. Statutory Interpretation. - Unless otherwise expressly provided for, the interpretation of
similar information and communication devices, without the knowledge and
this Act shall give due regard to its international origin and the need to promote uniformity in its
consent of the owner of the computer or information and communications
application and the observance of good faith in international trade relations. The generally
system, including the introduction of computer viruses and the like, resulting in
accepted principles of international law and convention on electronic commerce shall likewise be
the corruption, destruction, alteration, theft or loss of electronic data messages
considered.
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) Section 38. Variation by Agreement. - As between parties involved in generating, sending,
years; receiving, storing or otherwise processing electronic data message or electronic document, any
provision of this Act may be varied by agreement between and among them.
(b) Piracy or the unauthorized copying, reproduction, dissemination, or
distribution, importation, use, removal, alteration, substitution, modification, Section 39. Reciprocity. - All benefits, privileges, advantages or statutory rules established under
storage, uploading, downloading, communication, making available to the this Act, including those involving practice of profession, shall be enjoyed only by parties whose
public, or broadcasting of protected material, electronic signature or country origin grants the same benefits and privileges or advantages to Filipino citizens.
copyrighted works including legally protected sound recordings or phonograms
or information material on protected works, through the use of
Section 40. Separability Clause. - The provisions of this Act are hereby declared separable and in
telecommunication networks, such as, but not limited to, the internet, in a
the event of any such provision is declared unconstitutional, the other provisions, which are not
manner that infringes intellectual property rights shall be punished by a
affected, shall remain in force and effect.
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; 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.
(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 Section 42. Effectivity. - This Act shall take effect immediately after its publication in the Official
as provided in those laws; Gazette or in at least two (2) national newspapers of general circulation.

(d) Other violations of the provisions of this Act, shall be penalized with a Approved:
maximum penalty of one million pesos (P 1,000,000.00) or six (6) years
imprisonment.
June 14, 2000

(Sgd.) JOSEPH E. ESTRADA

President of the Philippines