R.A.
8792
E-COMMERCE ACT
Presented by:
Jade Kimberly Padilla
Sean Rafferty Gliane
Ivan Rivera
Rizalyn Joy Bolo
JUNE 14, 2000
REPUBLIC ACT NO.
8792
AN ACT PROVIDING FOR THE
RECOGNITION AND USE OF
ELECTRONIC COMMERCIAL AND
NON-COMMERCIAL TRANSACTIONS
AND DOCUMENTS, PENALTIES FOR
UNLAWFUL USE THEREOF, AND FOR
OTHER PURPOSES
PURPOSE AND KEY
ENTITIES INVOLVED
•The purpose of the Electronic Commerce Act,
also known as Republic Act No. 8792, is to
facilitate electronic transactions, recognize the
authenticity of electronic data messages, and
promote the development of electronic
commerce in the Philippines.
•The key entities involved in the implementation
of the law include the government departments,
agencies, offices, and government-owned and
controlled corporations, as well as the
Department of Trade and Industry (DTI)
responsible for enforcing the provisions of the
law and issuing implementing rules and
regulations.
PART I
SHORT TITLE AND
DECLARATION OF POLICY
• The law is known as the "Electronic Commerce
Act"
• Recognizes the vital role of information and
communications technology (ICT) in nation-
building.
• It emphasizes the need to create an
information-friendly environment that supports
the availability, diversity, and affordability of ICT
products and services.
• The law highlights the importance of
developing human resources skilled in the use of
ICT and promoting the transfer and promotion
of technology.
PART II
ELECTRONIC COMMERCE
IN GENERAL: CHAPTER 1
• The objective of the law is to facilitate domestic and
international electronic transactions, arrangements,
agreements, contracts, and exchanges of information.
• The law defines the sphere of application, which
includes any kind of electronic data message and
electronic document used in commercial and non-
commercial activities.
• Section 5 of this act defines the following terms:
-Adressee -Electronic Document
-Computer -Electronic Key
-Electronic Data Message -Intermediary
-Information and -Originator
Communication System -Service Provider
-Electronic Signature
PART II
ELECTRONIC COMMERCE
IN GENERAL: CHAPTER 2&3
• Information shall not be denied validity or
enforceability solely because it is in the form of
an electronic data message or electronic
document.
• Electronic documents are given the same legal
effect, validity, and enforceability as any other
document or legal writing.
• Electronic signatures are recognized as
equivalent to handwritten signatures on
written documents.
PART III
ELECTRONIC COMMERCE
IN CARRIAGE OF GOODS
• Actions related to contracts of carriage of
goods can be carried out using electronic data
messages or electronic documents, as long as
certain requirements are met.
• SECTION 26. 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.
PART IV
ELECTRONIC TRANSACTIONS
IN GOVERNMENT
• All government departments, agencies, offices,
and government-owned and controlled
corporations must accept electronic data
messages or electronic documents for filing,
creation, retention, and submission of
documents.
• Permits, licenses, and approvals must be
issued in electronic form, and electronic
payments must be accepted
• Relevant government agencies are
authorized to promulgate rules and
regulations to implement these provisions.
PART IV
ELECTRONIC TRANSACTIONS
IN GOVERNMENT
SECTION 29. Authority of the Department of
Trade and Industry and Participating Entities.
The Department of Trade and Industry (DTI)
shall direct and supervise the promotion and
development of electronic commerce in the
country with relevant government agencies,
without prejudice to the provisions of Republic
Act 7653 (Charter of Bangko Sentral ng Pilipinas)
and Republic Act No. 337, (General Banking Act)
as amended.
PART V
FINAL PROVISIONS
• Penalties are established for hacking, piracy,
and other violations of the law.
• Provisions for oversight and appropriations, as
well as a statutory interpretation clause and a
separability clause, are included.
• Any laws, decrees, rules, or regulations
inconsistent with the provisions of the law are
repealed.
CASE STUDY
CASE RULING APPLICATION
A Korean national was nabbed Kim was charged for violating According to R.A. 8792 Sec. 33, any access in order to
corrupt, alter, steal, or destroy using a computer or
Section 33 of Republic Act No. 8792,
by authorities here Thursday for other similar information and communication
or the E-Commerce Law and R.A. devices, without the knowledge and consent of the
hacking into the international
8383, or the Access Device owner of the computer or information and
gateway facilities of Globe Regulation Act of 1998, together with
communication system, shall be punished by a
minimum fine of One hundred thousand pesos
Telecom. his Filipino business partner. (P100,000.00) and a maximum commensurate to the
damage incurred and a mandatory imprisonment of
six (6) months to three (3) years.
REFERENCES
READ MORE
DETAILS HERE!
https://jur.ph/laws/electronic-commerce-
act#_
https://www.officialgazette.gov.ph/2000/06/14/r
epublic-act-no-8792-s-2000/me
https://www.pna.gov.ph/articles/1045232
