R.A NO.

8792
E-Commerce Law
 R.A NO. 8792
E-Commerce
Approved on June 14, 2000

Law
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
 Author
s

Sen. Ramon Magsaysay Rep. Leandro Verceles Rep. Marcial Punzalan Jr..
Jr. Jr.
DEFINITION OF TERMS
Addressee - refers to a person who is intended by the originator to receive the electronic data message or
electronic document. The term 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 which, by electronic, electro-mechanical, or magnetic impulse,
or by other means, is capable of receiving, recording, transmitting, storing, processing, retrieving, or producing
information, data, figures, symbols or other modes of written expression according to mathematical and
logical rules or of performing any one or more of these functions.

Electronic Data Message - refers to information generated, sent, received or stored by electronic, optical or
similar means.

Information and Communications System - refers to a system intended for and capable of generating,
sending, receiving, storing, or otherwise processing electronic data messages or 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 data message or electronic document.
DEFINITION OF TERMS
Electronic Signature - is an efficient, legally binding way to get approval on electronic documents. Secure
and verifiable, it can replace a handwritten signature in virtually any process.

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.

Electronic Key - refers to a secret code which secures and defends sensitive information that cross over
public channels into a form decipherable only with a matching electronic key.

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.

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.
 Section 1
This Act shall be known and cited
as the “Electronic Commerce Act.”

Section 2
The State recognizes the vital role of information
and communications technology (ICT) in nation-
building; the need to create an information-friendly
PART 1.
environment which supports and ensures the
availability, diversity and affordability of ICT SHORT TITLE AND
products and services; the primary responsibility of
the private sector in contributing investments and DECLARATION OF
services in ICT; the need to develop, with
appropriate training programs and institutional
policy changes, human resources for the
POLICY
information age, a labor force skilled in the use of
ICT and a population capable of operating and
utilizing electronic appliances and computers
 CHAPTER 1. GENERAL PROVISIONS

Section 3
This Act aims to facilitate domestic and international dealings,
transactions, arrangements agreements, contracts and

PART 2. exchanges and storage of information through the utilization of

electronic, optical and similar medium.

ELECTRONIC CHAPTER 2. LEGAL RECOGNITION OF ELECTRONIC

WRITING OR DOCUMENT AND DATA MESSAGES
COMMERCE IN Section 6, 7 & 8
GENERAL CHAPTER2.LEGALRECOGNITIONOFELECTRONICWRITINGORDOCUMENTANDDATAMESSAGES
Legal Recognitions of Electronic Data Messages(6),
Electronic Documents (7), and Electronic Signature(8).

Section 11, 12 & 13

In response to the legal recognition of section 6,
7 and 8, this section allows the court to use it as
evidence.
 CHAPTER 3. COMMUNICATION OF ELECTRONIC DATA
MESSAGES OR ELECTRONIC DOCUMENTS

Section 16
PART 2. Allows the formation of contracts in electronic form

Section 17
ELECTRONIC Other documents in a form of electronic shall not be denied
of legal effect
COMMERCE IN Section 20, 21 & 22
GENERAL CHAPTER2.LEGALRECOGNITIONOFELECTRONICWRITINGORDOCUMENTANDDATAMESSAGES
Allows the originator to have control over the document
based on it's receipt. Acknowledgement of receipt(20),
time of dispatch(21), time of receipt(22).

Section 24
Parties are given the right to choose what kind of
security methods that meet their needs.
PART 3. Section 25
ELECTRONIC Provides the mandate for the electronics implementation
of transport documents to facilitate carriage of goods
COMMERCE IN a.)
• furnishing the marks, number, quantity or weight of goods;
SPECIFIC AREAS •
•
stating or declaring the nature or value of goods;
issuing a receipt for goods;
• confirming that goods have been loaded;
b.)
• notifying a person of terms and conditions of the contract;
• giving instructions to a carrier;

c.)
• claiming delivery of goods;
• authorizing release of goods;
• giving notice of loss of, or damage to goods;

CHAPTER 1. CARRIAGE OF GOODS

PART 3. Section 26
ELECTRONIC (1) Subject to paragraph (3), where the law requires that
any action referred to in Section 25 be carried out in writing

COMMERCE IN or by using a paper document, that requirement is met if

the action is carried out by using one or more electronic

SPECIFIC AREAS data messages or electronic documents.

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 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 replacement of the electronic data
messages or electronic documents by paper documents
shall not affect the rights or obligation of the parties
CHAPTER 1. CARRIAGE OF GOODS involved.
 Section 27
Provides the mandate for government to have the
PART 4.
capabilities to implementation of E-Commerce within
2 years before June 14, 2002 ELECTRONIC
TRANSACTIONS
Section 28 IN GOVERNMENT
Provides mandate for RPWEB to be implemented
RPWEB
PART 4.
RPWeb is a strategy that intends to connect all
government offices to the Internet and provide universal
access to the general public. The Department of
ELECTRONIC
Transportation
Telecommunications
and Communications,
Commission, and
National
National TRANSACTIONS
Computer Center will come up with policies and rules
that shall lead to substantial reduction of costs of IN GOVERNMENT
telecommunication and Internet facilities to ensure the
implementation of RPWeb.
 SECTION
PART 4.
29Department of Trade and Industry (DTI) shall direct
The
supervise the promotion and development of electronic
commerce in the country with relevant government
ELECTRONIC
agencies, without prejudice to the provisions of Republic
Act 7653. The DTI is empowered to promulgate rules and TRANSACTIONS
regulations, as well as provide quality standards or issue
certifications, as the case may be, and perform such IN GOVERNMENT
other functions as may be necessary for the
implementation of this Act
PART 5. FINAL PROVISIONS

Section 30
Provided guidelines as to when a service provider can be liable

Section 31 & 32
Authorities and parties with the legal right can only gain access to electronic
documents, electronic data messages, and electronic signatures. For confidentiality
purposes, it shall not share or convey to any other person.
PART 5. FINAL PROVISIONS
Section 33
Penalties. - The following Acts, shall be penalized by fine and/or imprisonment, as
follows:

Hacking or cracking, refers to unauthorized access including the introduction of computer

viruses, is punishable by a fine from 100 thousand to maximum commensurating to the
damage. With imprisonment from 6 months to 3 years. (section 33)

Piracy through the use of telecommunication networks, such as the Internet, that
infringes intellectual property rights is punishable. The penalties are the same as
hacking

All existing laws such as the Consumer Act of the Philippines also applies to e-
commerce transactions.
PART 5. FINAL PROVISIONS

Section 34
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

Section 35
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
PART 5. FINAL PROVISIONS
Section 39
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 41
All other laws, decrees, rules, and regulations or parts thereof that are inconsistent with
the provisions of this Act are hereby repealed, amended or modified accordingly.

Section 42
This Act shall take effect immediately after its publication in the Official Gazette or in at
least two (2) national newspapers of general circulation.
 Thank you!
Feel free to approach us if you have any questions.
Reference:
https://lawphil.net/statutes/repacts/ra2000/ra_8792_2000.html

https://www.officialgazette.gov.ph/2000/06/14/republic-act-no-
8792-s-2000/

Maneth Caparos https://www.youtube.com/watch?v=PqSh1Pq0ZJk&t=466s

Joel Doctor https://www.youtube.com/watch?v=ogAOZFWUqTY

Janette Toral https://ecommercebootcamp.digitalfilipino.com/lesson/the-e-

commerce-law/