UNIT VI

E-COMMERCE IN THE PHILIPPINES ENACTED LAWS/POLICY ISSUANCES

Learning Objectives:
At the end of this unit, the students are expected to:
 Adequately educated to relevant laws and legislations governing e-commerce in the Philippines.
 Describe and comprehend the Philippine e-commerce timeline; and
 Discuss briefly the e-commerce legislation, policies, and regulations adopted in the Philippines.

CHRONOLOGY OF EVENTS
(As of 6/30/20)
Date Issued Title
14 Jun 2000 RA 8792, E-Commerce Act of 2000 (ECA), “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”

Mandates all government departments and offices to accept electronic data messages
and documents in their transactions within two years from its effectivity.

Provides for penalties on computer hacking, introduction of viruses and piracy of

copyrighted works of at least P100,000 and maximum commensurate to the damage
incurred, and imprisonment of six months to three years among others.

Promotes e-commerce in the country, particularly in business-to-business and business-

to-consumer transactions whereby business relations are enhanced and facilitated and
consumers are able to find and purchase products online.

Aims to reduce graft and corruption in government as it lessens personal interaction

between government agents and private individuals.

The DTI was tasked to direct and supervise the promotion and development of
electronic commerce in the country in coordination with relevant government agencies.
It is empowered to promulgate rules and regulations, provide quality standards or issue
certifications, and perform such other functions as may be necessary for the
implementation of the Act in the area of electronic commerce. These may include, but
shall not be limited to, the installation of an online public information and quality and
price monitoring system for goods and services aimed at protecting the interests of the
consuming public availing of the advantages of this Act.

05 Jul 2000 Executive Order No. 262, “Amending Executive Order No. 302 Series of 1996,
entitled Providing Policies, Guidelines, Rules and Regulations for the
Procurement of Goods/Supplies by the National Government and Executive Order
No. 201, Series of 2000”
12 Jul 2000 Executive Order No. 264, “Establishing the Information Technology and
ECommerce Council (ITECC) from the Merger of the National Information
Technology Council (NITC) and the Electronic Commerce Promotion Council
(ECPC)”

ITECC is the highest policy making body on ICT matters. It hopes to lead the Philippine
ICT industry through the next millennium and beyond by providing a clearly defined
direction through strong and capable leadership.

The Secretary of DTI was designated as chairperson of the Council with DTI (Office of
Special Concerns) as Secretariat when [it was first established. [In 2001, ITECC was
reorganized with the President as chairperson and PMS as Secretariat. Secretary Manuel
A. Roxas II and Ambassador Roberto Romulo were designated as co-chairs.]

ITECC has five regular committees to focus on the many areas of ICT, namely: Business
Development, e-Government Implementation, Information Infrastructure, Human
Resource Development, and Legal and Regulatory; and an auxiliary committee, the
Communications Committee, in charge of advocacy and information dissemination on
ITECC and ICT concerns.

DTI was a member of the Business Development and the Legal and Regulatory
Committees, under which a sub-committee was created: Legal Support to the DTI on the
Implementation of the ECA. The DTI-Office of Policy Research acted as secretariat to the
sub-committee.

12 Jul 2000 Executive Order No. 265, “Approving and Adopting the Government Information
Systems Plan (GISP) as Framework and Guide for All Computerization Efforts in
Government”

Government Information Systems Plan (GISP)

Otherwise known as Philippine Government Online. Envisions an electronic bureaucracy

that is widely and readily accessible to the Filipino people. It is a master plan that
harnesses the potentials of information and communications technology for good
governance, and promotes transparency and accountability in government operations
and transactions. Approved and adopted with the issuance of Executive Order No. 265

13 Jul 2000 Implementing Rules and Regulations of the ECA

22 Nov 2000 Executive Order No. 322 Requiring All National Government Agencies,
Instrumentalities and Government Owned and Controlled Corporations to
Participate in the Electronic Procurement System

01 Dec 2000 Department Order No. 103, “Creation of the DTI IT Team”

The DTI IT Team is directed to support the IT and E-Commerce thrust of the Department.
It has five (5) functional groupings:

● Policy – lead: OPR

● Business/Industry Development Services – lead: BOI
 ● Trainings – lead: PTTC
● Promotions – lead: CITEM
● Secretariat and Help Desk – lead: OSC

04 Dec 2000 NSCB Memorandum Order No. 08, “Creation of a Task Force on the Measurement
of Electronic Commerce”

The Task Force is tasked to develop a conceptual and statistical framework on

ecommerce that would address information requirements for better policy making and
setting in the area of e-commerce.

Its specific functions are:

1. To formulate the definition of electronic commerce that will be used for

measurement purposes and determine its coverage considering both the local
setting and practices of international organizations and other countries;
2. To identify the current and future concerns of policy-makers on the use of electronic
commerce in the country as basis for determining data requirements;
3. To conduct consultations with concerned government and private sectors and other
inter-agency bodies in the identification of data requirements and in seeking their
cooperation in the implementation of the action plan formulated by the Task Force

Chairman: DTI Co-Chair: NSCB

21 Dec 2000 BSP Circular No. 269 – New Guidelines on E-Banking Activities

25 May 2001 Executive Order No. 18, “Amending Certain Portions of Executive Order No. 264,
Series of 2000, Entitled ‘Establishing the Information Technology and Electronic
Commerce Council (ITECC) from the Merger of the National Information
Technology Council (NITC) and the Electronic Commerce Promotion Council
(ECPC)’”

The EO reorganizes the ITECC, transfers the Chairmanship to the President, and
designates DTI and Private Sector Representative as Co-chairs

17 Jul 2001 Supreme Court Memorandum No. 01-7-01, “Rules on Electronic Evidence”

● Provides rules on electronic documents as evidence in all civil actions and

proceedings as well as quasi-judicial and administrative cases.
● Exempts business records that are made or kept by electronic, optical and other
similar means as hearsay evidence.
● Specifies factors in assessing evidentiary weight of an electronic document

28 Sep 2001 DTI-DOST Joint Department Administrative Order No. 2, “Providing Implementing
Rules and Regulations on Electronic Authentication and Electronic Signatures”

Applies to any commercial and non-commercial transaction, activity or dealing, whether

public or private, occurring between and among parties, where electronic signatures
and/or electronic documents are used.

Published in Manila Times, 12 Oct 2000.

8 Oct 2001 Executive Order No. 40, “Consolidating Procurement Rules and Procedures for all
Government Agencies, Government Owned or Controlled Corporations and
Government Financial Institutions and Requiring the Use of the Government
Electronic Procurement System”
08 Feb 2002 Implementing Rules and Regulations on Executive Order No. 40

11 Jul 2002 NCC Memorandum Circular No. 2002-01, “Guidelines on Creation of the Agency’s
Official Website and Compliance to E-Commerce Law and Stage One of the
UNASPA Stages of E-Government”

10 Jan 2003 RA 9184, E-Procurement Act, “An Act Providing for the Modernization,
Standardization and Regulation of the Procurement Activities of the Government
and For Other Purposes”

10 Jan 2003 Executive Order No. 163, “Modifying the Rates of Import Duty of Information and
Communications Technology (ICT) Products Under the Tariff and Customs Code of
1978 (Presidential Decree No. 1464, as Amended), in Order to Implement the
eASEAN Framework Agreement”

31 Jul 2003 NCC Memorandum Circular No. 2003-01, “Guidelines on Creation Compliance to
ECommerce Act (R.A. 8792) and Stage Two and Three of the UN-ASPA Five Stages
of E-Government”

12 Jan 2004 Executive Order No. 269, “Creating the Commission on Information and
Communications Technology (CICT)”

The CICT shall be the "primary policy, planning, coordinating, implementing, regulating,
and administrative entity of the executive branch of Government that will promote,
develop, and regulate integrated and strategic ICT systems and reliable and cost-efficient
communication facilities and services."

24 Feb 2004 DTI Department Administrative Order No. 01, “Prescribing Rules Governing the
Voluntary Accreditation of Information Certifiers on Electronic Signatures”
(Unpublished)

20 Jul 2004 Executive Order No. 334, “Abolishing the Information Technology and Electronic
Commerce Council and Transferring Its Budget, Assets, Personnel, Programs, and
Projects to the Commission on Information and Communications Technology”

Aug 2004 CICT Memorandum Circular No. 1, “Guidelines in the Administration of the .ph
Domain Name”

5 Aug 2005 Implementing Rules and Regulations of RA 9184

23 Aug 2005 NTC Memorandum Circular No. 05-08-2005, “Voice Over Internet Protocol (VOIP)”

23 Aug 2005 NTC Memorandum Circular No. 06-08-2005, “Frequency Band Allocations for
Broadband Wireless Access”
23 Aug 2005 NTC Memorandum Circular No. 07-08-2005, “Rules and Regulations on the
Allocation and Assignment of 3G Radio Frequency Bands”

27 Dec 2005 Executive Order No. 482, “Creating the National Single Window Task Force for
Cargo Clearance”

The Philippines is the pilot ASEAN economy for the implementation of the National Single
Window (NSW) for cargo clearance under the ASEAN Single Window (ASW). NSW is a
system that enables a single submission of data and information that is synchronously
processed.

03 Feb 2006 BSP Circular No. 511 – Guidelines on Technology Risk Management

06 Mar 2006 DTI Department Order No. 12, “Creation of the DTI E-Commerce Team”

The DTI E-Commerce Team is created in view of the provisions under Sec. 29 of RA
8792 with the following core members: Sr. Undersecretary Thomas Aquino; OPR
Director; MIS Director; BETP Director; BITR Director; BPS Director; BTRCP Director;
NCR Director; BOI Director; BOI-EID Director; BOI-TMD Director; BOI-ICT Services
BDM; and SB Corp. President and COO.

04 Jul 2006 Administrative Order No. 155, “Designating the Secretary of Trade and Industry
(DTI) as Export Enforcer”

As an Export Enforcer, the DTI Secretary is vested with the power to act in behalf of the
President on decisions reached by the Export Development Council (EDC), implement
measures to lower the cost of doing business for exporters, call on all government
agencies under the Executive Branch to implement such decisions, report on such
implementation and exercise the EDC function of imposing sanctions on any government
agency or officer of employee or private sector entity that impede efficient exportation of
Philippine goods.

21 Jul 2006 DTI Department Administrative Order No. 8, “Prescribing Guidelines for the
Protection of Personal Data in Information and Communications System in the
Private Sector”

This governs data protection certifiers and processing of all types of personal data. The
intention of the guidelines is to encourage and provide support to private entities to adopt
privacy policies for the protection of the personal data in an information and
communications system in the private sector.

08 Aug 2006 Executive Order No. 557, “Establishing an Anti-Red Tape Task Force”

The Anti-Red Tape Task Force, which is composed of full-time members from the
Presidential Management Staff (PMS), CICT, DTI, Export Development Council
Secretariat and NAPC and for invitation is the Philippine Chamber of Commerce and
Industry (PCCI), with the Secretary of DTI as the Chairperson, is tasked to handle the anti-
red tape module of the National Competitiveness Summit.

01 Sep 2006 BSP Circular No. 542, “Consumer Protection for Electronic Banking”
 This facilitates the implementation of electronic banking activities of the bank for the
protection of the consumers. In particular, the rules cover the following key areas:

1) E-Banking Oversight Function – for the development and management of the bank’s
e-banking business strategy and services
2) E-Banking Risk Management and Internal Control – for the
establishment/installment, maintenance, updating and monitoring of information
security program and measures as well as e-banking transactions, appropriate
techniques in the authentication of the identity’s e-banking customers and customer
verification
3) Consumer Awareness Program
4) Disclosure and Business Availability – for the provision of adequate disclosure of
information in adherence to customer privacy and protection requirements,
information on business availability
5) Complaint Resolution – for the procedures on submitting complaints and resolution
of disputes.
25 Oct 2006 DOF-DTI Joint Department Administrative Order No. 02, “Guidelines Implementing
R.A. 8792 on Electronic Payment and Collection System (EPCS) in Government”

This aims to make the payment and collection services of government offices through
electronic payment and collection system via various modes and channels (i.e., credit
cards, ATMs, debit cards, stored-value cards, mobile wallet payments and kiosks)
effective and efficient primarily for the ease of the transacting customers as well as for the
improvement of the revenue generating capability of the government.

EPCS is a system that accepts and processes electronic payments, authenticates the
payor and payee, validates availability of the funds, and executes the appropriate debit
and credit instructions for the fund source and destination accounts, generates and
forwards electronic proof of payment to the payor, or allows secure access thereto and
creates, retains and safeguards the resulting detailed electronic transaction records
which are accessible by authorized personnel.

08 Jun 2007 NTC Memorandum Circular No. 05-06-2007, “Consumer Protection Guidelines”

This addresses consumer complaints and promotes consumer welfare and protection for
services offered by the telecommunications sector (i.e., broadcast and public
telecommunications entities (PTEs)) by setting forth the obligations and responsibilities of
PTEs as well as rules and procedures in the filing of complaints on lost/stolen cell
phones, malicious text messages, text scam and spam.

08 Jun 2007 NTC Memorandum Circular No. 04-06-2007, “Data Log Retention of
Telecommunications Traffic”

This mandates PTEs to retain records of bills and completed calls/traffic within a certain
period (i.e., two (2) months for non-metered services with fixed monthly charges and four
(4) months for other telecommunications) from the data the calls/traffic were made, which
include the following: 1) time and duration of calls/traffic; 2) origin and destination of the
call/traffic; and 3) domain name and e-mail address for data received on the internet.

Jun 2007 Launching of Globe GCash payment facility for the Enhanced Business Name
Registration System (EBNRS)
18 Jul 2007 DOF-DTI Joint Department Order No. 1, “Designation of Members of GEPCSET and
Providing their Powers and Functions” The JDO designates the members of the
GEPCSET (as nominated by the agency heads) and prescribes their powers and
functions.

25 Sep 2007 The Philippines signed the UN Convention on the Use of Electronic
Communications in International Contracts (2005)

20 Oct 2008 DTI-DOH-DA Joint Department Administrative Order No. 1, Rules and Regulations for
Consumer Protection in a Transaction Covered by the Consumer Act of the Philippines
(R.A. 7394) through Electronic Means under the E-Commerce Act (R.A. 8792)

Signed 20 Oct 2008, published 29 Oct 2008, to take effect on 13 Nov 2008.

The JDAO aims to protect consumers doing online transactions, specifically on the
purchase of products and services pursuant to the Consumer Act of the Philippines. It
applies to all retailers or sellers, whether located here or abroad, engaged in electronic
commerce with consumers. Moreover, it adopts the provisions of the Consumer Act on
fair business practices and the prohibition from engaging in false, deceptive and
misleading advertisements.

To enable consumers to make an informed choice/decision, the guidelines require the

online disclosure of accurate, clear and easily accessible information about the retailers or
sellers, the products or services being offered, and the terms, conditions and costs of the
consumer transaction.
Also under the guidelines, retailers/sellers are mandated to set up and make operational
internal complaint-handling mechanism for consumer complaints, without prejudice to the
rights of the consumers to seek legal redress. Aside from this, it also provides procedure
or structure to address/resolve a complaint filed before concerned implementing agencies
(i.e., DTI, DA and DOH). As to a consumer transaction involving a Philippine resident
consumer and a retailer or seller of another country, said consumer has the option to file
his complaint either with the Philippine trade/consular office/embassy therein or directly
with the foreign government agency or regulator where the retailer or seller is located with
the assistance of the counterpart Philippine government agency concerned.
06 Mar 2009 DTI Department Order No. 09-16, Institutionalizing an E-Commerce Unit in DTI which
shall be referred to as the E-Commerce Office (ECO)

The E-Commerce Office (ECO) was institutionalized to fill the need for a special unit in
DTI that will focus and work full-time on e-commerce. This is in line with Section 29 of
Republic Act (RA) No. 8792 or the Electronic Commerce Act of 2000, which gives the DTI
the authority to direct and supervise the promotion and development of electronic
commerce in the country with relevant agencies.

ECO's major functions are:

●To formulate/coordinate the formulation of policies and guidelines in support of
ecommerce;
 ● To formulate and implement plans and programs for further development and
implementation of e-commerce in the country, in coordination with other DTI agencies,
other government agencies, the private sector and other stakeholders;
● To monitor and evaluate the implementation of e-commerce policies, plans, and
programs; and
● To actively participate in local and international organizations related to e-commerce
whenever necessary.

09 Mar 2009 BSP Circular No. 649 on Guidelines Governing the Issuance of Electronic Money (E-
Money) and the Operations of Electronic Money Issuers (EMI) in the Philippines

E-money is monetary value stored in an electronic instrument or device such as cash

cards, e-wallets accessible via mobile phone or other access device, stored value cards,
or other similar products. E-money issued by banks shall not be considered deposits.
EMIs are classified as: banks, non-bank financial institutions, non-bank institutions
registered
with BSP as a money transfer agent.
17 Apr 2009 DTI Department Order No. 09-21, Reconstitution of the DTI E-Commerce Team

Composition of the E-Commerce Team (ECT):

Chairperson : Supervising Undersecretary for International Trade

Alternate Chairperson: Supervising Director, E-Commerce Office
Members:

● Undersecretary, Regional Operations and Development Group

● Assistant Secretary/Regional Director, National Capital Region
● Assistant Secretary/Director, Bureau of International Trade Relations
● Director, Bureau of Export Trade Promotion
● Director, Bureau of Micro, Small and Medium Enterprise Development
● Director, Bureau of Product Standards
● Director, Bureau of Trade Regulation and Consumer Protection
● Director, Management Information Service
● Director, Office of Legal Affairs
● Director, Philippine Accreditation Office
● Director, Industry Studies Department, Board of Investments
● President and COO, SB Corporation
● Executive Director, Philippine Trade Training Center
Secretariat : E-Commerce Office (ECO)

15 Jun 2009 Executive Order No. 810, Institutionalizing the Certification Scheme for Digital
Signatures and Directing the Application of Digital Signatures in E-Government
Services

The EO directs all government agencies and instrumentalities to require the use of digital
signatures in their online services to ensure the confidentiality, authenticity, integrity and
non-repudiation of e-government transactions, thus giving the transacting public the
confidence and peace of mind they need in doing online transactions with government.

The EO cites the important roles of the Department of Trade and Industry (DTI) and the
Commission on Information and Communications Technology (CICT) in the certification
scheme for digital signatures. It designates the DTI, through its Philippine Accreditation
 Office (PAO), as the Accreditation and Assessment Body; the CICT’s National Computer
Center (NCC) as the Root Certification Authority (CA) and Government CA; and all
government agencies and instrumentalities with e-government services as Registration
Authorities (RAs).
29 Jul 2009 DOF-DTI Joint Department Administrative Order No. 09-02, “Amendment and
Supplement to JDAO No.02, S. 2006 and JDO No. 01, S. 2007”

The JDAO provides for the following:

● extension of the operations of the Government Electronic Payment and Collection
System Evaluation Team (GEPCSET) for three (3) years;
● additional powers to the GEPCSET Chairman;
● securing assistance of government agencies; and
● inclusion in DOF budget of GEPCSET financial requirements.

24 Mar 2010 DTI-DOF Joint Department Administrative Order No. 10-01 – Guidelines on the Use
of Access Devices for Payment of Fees, Charges, Assessments and Other
Published:
31 Mar 2010, Revenues Due to the Government through the Electronic Payment and Collection
Philippine Daily System (EPCS) of a Government Entity
Inquirer, page F-2
The JDAO prescribes the guidelines on the use of access devices such as, but not
Effectivity Date: limited to, credit cards, debit cards, cash cards, and mobile phones, for payment of fees,
15 Apr 2010 charges, assessments and revenues due to the government through the Government
Entity’s EPCS.

The objectives of the JDAO are to bring about a more efficient and effective payment and
collection service for government transactions and to provide the transacting clients
additional payment options for transactions with government.

29 Sep 2010 DTI Department Administrative Order No. 10-09 – Prescribing Rules Governing the
Accreditation of Certification Authorities for Digital Signatures
Published:
08 Oct 2010 One of the implementing guidelines of Executive Order No. 810, Series of 2009. The
Philippine Daily DAO prescribes the rules governing the accreditation scheme of Certification Authorities
Inquirer, page I-4 for digital signatures to be administered by the Philippine Accreditation Office (PAO),
which is the Accreditation and Assessment Body under Executive Order No. 810.
Effectivity Date:
23 Oct 2010
18 Feb 2011 DTI Department Administrative Order No. 11-01 – Prescribing Rules and Guidelines
for the Implementation of Executive Order No. 810, Series of 2009, Entitled
Published: “Institutionalizing the Certification Scheme for Digital Signatures and Directing the
25 Feb 2011 Application of Digital Signatures in E-Government Services”
Philippine Daily
Inquirer The mother implementing rules and regulations of Executive Order No. 810, Series of
2009. The DAO prescribes the general rules and guidelines for the implementation of the
Effectivity Date: 12 National Certification Scheme for Digital Signatures in the Philippines as adopted by
Mar 2011 virtue of EO 810. It makes reference to the accreditation of certification authorities,
technical standards for digital signatures, requirements for identity verification and
dispute resolution. It does not preclude the other government agencies designated to
provide the necessary services to implement the scheme from issuing their own set of
rules or guidelines.
Mar 2012 Acceptance of GCash for EBNRS temporarily suspended due to enhancements of
the EBNRS; for reactivation within 2013

15 Aug 2012 Republic Act No. 10173 – Data Privacy Act of 2012 – An Act Protecting Individual
Personal Information in Information and Communications Systems in the
Published: Government and the Private Sector, Creating for this Purpose a National Privacy
24 Aug 2012 Commission, and for Other Purposes
Manila Bulletin and
Philippine Star The Data Privacy Act recognizes the vital role of information and communications
technology (ICT) in nation-building. While ensuring free flow of information to promote
Effectivity: innovation and growth, the Act likewise recognizes the State’s inherent obligation to
08 Sep 2012 ensure that personal information in ICT systems in both the government and private
sectors are secured and protected.

Policy Objectives:

• Protect the fundamental human right of privacy of communication while ensuring free
flow of information to promote innovation and growth.

• Ensure that personal information in the government’s and private sector’s information
and communications systems are secured and protected.

Scope:

• Applies to the processing of all types of personal information and to any natural and
juridical person involved in personal information processing including those personal
information controllers and processors who, although not found or established in the
Philippines, use equipment that are located in the Philippines, or those who maintain
an office, branch or agency in the Philippines.

• Exceptions:
o Information about any individual who is or was:
(a) an officer or employee of a government institution that relates to the position or
functions of the individual; or
(b) performing service under contract for a government institution that relates to
the services performed, including the terms of the contract, and the name of
the individual given in the course of the performance of those services;

o Information relating to any discretionary benefit of a financial nature such as the

granting of a license or permit given by the government to an individual;

o Personal information processed for journalistic, artistic, literary or research

purposes;

o Information necessary in order to carry out the functions of public authority (e.g.,
the processing of personal data by the Bangko Sentral ng Pilipinas (BSP) and other
financial institutions, particularly to comply with Republic Act No. 9510, and
Republic Act No. 9160, as amended, or the Anti-Money Laundering Act and other
applicable laws, and law enforcement and regulatory agencies;
 o Personal information originally collected from residents of foreign jurisdictions in
accordance with the laws of those foreign jurisdictions, including any applicable data
privacy laws, which is being processed in the Philippines.

For violations of the provisions of the Act, the law imposes penalties ranging from 6
years to 7 years imprisonment and fine from a minimum of P500,000 to a maximum of
P2,000,000. Violations include the unauthorized, malicious or improper processing,
access, disclosure or disposal of personal information, as well as concealment of
security breaches to such information.

A National Privacy Commission is created to administer and implement the provisions of

the law. Pending the creation of the Department of Information and Communications
Technology (DICT), which is still being deliberated in Congress, the Commission is
attached to the Office of the President. It shall composed of three (3) Commissioners: a
Privacy Commissioner who shall act as its chair and two Deputy Privacy Commissioners.
They shall be appointed by the President for a term of three years and may be
reappointed for another three years. The members have to be experts ICT and data
privacy.

12 Sep 2012 Republic Act No. 10175 – An Act Defining Cybercrime, Providing for the
Prevention, Investigation, Suppression and the Imposition of Penalties Therefor
and for Other Purposes

The following acts constitute cybercrime offenses that are punishable under the law:

(a) Offenses against the confidentiality, integrity and availability of computer data and
systems:

(1) Illegal Access

(2) Illegal Interception
(3) Data Interference
(4) System Interference
(5) Misuse of Devices
(6) Cyber-squatting

(b) Computer-related Offenses:

(1) Computer-related Forgery

(2) Computer-related Fraud
(3) Computer-related Identity Theft

(c) Content-related Offenses:

(1) Cybersex
(2) Child Pornography
(3) Unsolicited Commercial Communications
(4) Libel

Other Offenses :
 (a) Aiding or Abetting in the Commission of Cybercrime (b)
Attempt in the Commission of Cybercrime

An Office of Cybercrime is created within the Department of Justice (DOJ), which is

designated as the central authority in all matters related to international mutual
assistance and extradition.

A Cybercrime Investigation and Coordinating Center (CICC) is likewise provided for by

the law, to be created within thirty (30) days from the effectivity of this Act. The CICC is
an inter-agency body under the administrative supervision of the Office of the President,
for policy coordination among concerned agencies and for the formulation and
enforcement of the national cybersecurity plan.

15 May 2013 Memorandum of Agreement signed between and among DTI, BancNet and DBP for
BancNet debit payment facility

Facility to be made available before end-2013 to DTI clients who have accounts with
BancNet member-banks

05 Aug 2013 BIR Revenue Memorandum Circular No. 55-2013 - Reiterating Taxpayers’
Obligations in Relation to Online Business Transactions

22 Aug 2013 BSP Circular No. 808 – Guidelines on Information Technology Risk Management for
All Banks and Other BSP Supervised Institutions

18 Sep 2013 COA Circular No. 2013-007 – Guidelines for the Use of Electronic Official Receipts
(eORs) to Acknowledge Collection of Income and Other Receipts of Government

17 Oct 2013 DBM-approval of DTI Rationalization Plan

Creation of the E-Commerce Office as a program office under the Sector Planning
Bureau

21 Nov 2014 BSP Circular No. 857 – BSP Regulations on Financial Consumer Protection

21 Nov 2014 Insurance Commission Circular Letter No. 2014-47 – Guidelines on Electronic
Commerce of Insurance Products

24 Nov 2014 BSP Circular No. 859 – Europay, Mastercard and Visa (EMV) Implementation
Guidelines

30 Apr 2015 DOJ Advisory Opinion No. 02-2015 – Advisory on Online Shopping Fraud

21 Jul 2015 RA 10667 – Philippine Competition Act

The Philippine Competition Act (PCA) or R.A. 10667 is the primary competition policy of
the Philippines for promoting and protecting competitive market. It will protect the
wellbeing of consumers and preserve the efficiency of competition in the marketplace. It
is a game changing legislation that is expected to improve consumer protection and help
accelerate investment and job creation in the country, consistent with the national
government’s goal of creating more inclusive economic growth. Enforcement of this law
will help ensure that markets are open and free, challenging anticompetitive business
 practices while maintaining an environment where businesses can compete based on the
quality of their work. A competitive market means a market with multiple buyers and
multiple sellers, driving market prices lower and offering consumers more choices. A truly
competitive market encourages efficiency and innovation, and forces businesses to excel.
The act reflects the belief that competition:

● Promotes entrepreneurial spirit,

● Encourages private investments,
● Facilitates technology development and transfer, and ● Enhances resource
productivity.
07 Mar 2016 Appointment of the first Commissioner of the National Privacy Commission

18 Jun 2016 Implementing Rules and Regulations of RA 10667 – Philippine Competition Act

28 Sep 2016 Customs Administrative Order (CAO) No. 02-2016 Imported Goods with De Minimis
Value Not Subject to Duties and Taxes

10 Oct 2016 NPC Circular 16-01 – Security of Personal Data in Government Agencies

10 Oct 2016 NPC Circular 16-02 – Data Sharing Agreements Involving Government Agencies

15 Dec 2016 NPC Circular 16-03 – Personal Data Breach Management

15 Dec 2016 NPC Circular 16-04 – Rules of Procedure

09 Feb 2017 BSP Circular No. 944 - Guidelines for Virtual Currency (VC) Exchanges

02 May 2017 National CyberSecurity Plan 2022 officially unveiled

23 Jun 2017 National Broadband Plan (NBP), Free Wi-Fi Internet Access in Public Places (FWPP)
project, and National Government Portal or gov.ph unveiled by DICT

31 Jul 2017 NPC Circular 17-01 – Registration of Data Processing Systems

28 Jun 2017 Ratification of the Protocol of the Legal Framework (PLF) to implement the ASEAN
Single Window (ASW)

02 Aug 2017 RA 10929 – An Act Establishing the Free Internet Access Program in Public Places
in the Country and Appropriating Funds Therefor (Free Internet Access in Public
Places Act)

17 Nov 2017 BSP Circular No. 980 – Adoption of National Retail Payment System (NPRS)
Framework

23 Mar 2018 BSP Memorandum 2018-012 – Guidelines on the National Retail Payment System
(NRPS) Key Principles and Specific Rules Applicable Thereto

06 Apr 2018 Administrative Order No. 11, s. 2018 – Creation of an Oversight Committee for the
Entry of the New Major Player in the Public Telecommunications Market
 13 Apr 2018 DICT Memorandum Order No. 002 - Policy Guidelines for the Entry of a New Major
Player in the Telecommunication Market

28 May 2018 RA 11032 – Ease of Doing Business and Efficient Government Service Delivery Act
of 2018 (EODB Law)

30 Oct 2018 RA 11127 – National Payment Systems Act

Objective is to promote “the safe, secured, efficient and reliable operation of payment
systems in order to control systemic risk and provide an environment conducive to the
sustainable growth of the economy.”

2 July 2018 Joint DTI-DICT-NTC-NPC-DOJ Administrative Order 18-01

Feb 2019 DTI Department Order No. 19-18

E-Commerce Program Office is now placed under the Competitiveness and Innovation
Group. The Office is now supervised by Assistant Secretary Mary Jean Pacheco, in
recognition to the crucial role of e-commerce in the Philippines.

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As stated in the DO No. 19-18,
a. The Competitiveness and Ease of Doing Business Group (CEODBG) shall be
renamed
as Competitiveness and Innovation Group (CIG) and shall now be composed of the
following:

i. Competitiveness Bureau (CB) ii. Philippine

Accreditation Bureau (PAB)
iii. Bureau of Trade and Industrial Policy Research (BTIPR) iv.
E-Commerce Program Office (ECO)

“f. Recognizing the crucial role of e-commerce in propelling innovation and in developing
and growing the digital economy, Assistant Secretary Pacheco is hereby instructed to
strengthen and supervise the E-Commerce Program Office (ECO). An operating budget
shall continue to be provided to this office. “
20 January 2020 Creation of the eCommerce Division under the Competitiveness Bureau that will focus
on the development and implementation of eCommerce, policies, programs and projects,
monitoring and evaluation of the implementation of the same, and ensuring that
impediments/issues concerning eCommerce are addressed.
● Creation of 11 Positions headed by a Division Chief (SG24)
Abolition of six (6) vacant CTI positions to fund the creation of the said (11) positions.
Learning Activity 6.1

TRUE/FALSE Directions: Read each statement below carefully. Write TRUE if Statement is correct and FALSE if
incorrect.

1. The e-Commerce is the buying and selling of products or services over the
electronic systems.
2. The e-Commerce Law recognizes the data messages as evidence in court.
3. The R.A. 8792 is also known as the e-Commerce Act of 2000.
4. Another term for hacking is cracking.
5. The DTI is one of the implement agencies of the E-Commerce Law.
6. The maximum imprisonment for hacking is 6 years.
7. Piracy can cost you P5M or 10 years of imprisonment.
8. Piracy is the unauthorized dissemination, importation, use, removal, alteration of
files/documents.
9. The maximum imprisonment for piracy is 3 years.
10. The minimum imprisonment for hacking is 6 months.
11. The introduction of computer viruses is also categorize as hacking.
12. We have 6 components of ECM.
13. Store involves the converting of information from paper documents into an
electronic format through scanning.
14. Deliver connects the other components of ECM.
15. Store involves the long-term, safe storage and back-up of static, unchanging
information.
16. IM is consists of sending real-time messages to another Internet user.
17. Online shopping is the process of buying goods and services from merchants
who sell on the Internet.
18. Instant messaging is a bit more private than a typical chat room.
19. Enterprise Component Management is a formalized means of organizing and
storing an organization's documents.
20. The Deliver components of ECM present information from the Manage,
Store, and Preserve components.
 REFEREN
CES:

1. Gonzales G. (2019, February 18), Filipinos spend most time online, on social
media worldwide – report: https://www.rappler.com/technology/news/222407-
philippines-online-use-2019-hootsuite-we-are-social-report
2. OOKLA’s Speedtest Global Index, Philippine ranking:
https://www.speedtest.net/global-index
3. The Economist Intelligence Unit,
Philippine ranking
https://theinclusiveinternet.eiu.com/explore/countries/performance
4. Statista (2019), Share of mobile phone users that use a smartphone in the
Philippines from 2014 to 2020:
https://www.statista.com/statistics/570387/philippines-smartphone-
penetration/
5. Subido, L. K. (2018, January 20). What Are the Most Popular E-Commerce
Platforms in the Philippines? Retrieved from Entrepreneur Philippines:
https://www.entrepreneur.com.ph/news-and-events/what-are-the- most-
popular-e-commerce-platforms-in-the-philippines-a00200-20180120
6. 2019 Globe Integrated Report
https://www.globe.com.ph/content/dam/globe/brie/About-
us/sustainability/documents/GLO-Integrated-Report-2019.pdf
7. PLDT Smart 2019 Full Year Results, http://www.pldt.com/docs/default-
source/presentations/2019/fy2019- presentation-with-appendix.pdf?sfvrsn=0
8. CNN Philippines, (2019, February 1), PH takes top spot as heaviest internet
users worldwide —
report:http://nine.cnnphilippines.com/lifestyle/2019/02/01/2019-digital-
hootsuite-we-are-social-internet- philippines-facebook.html
9. Gonzales G. (2019, February 18), Filipinos spend most time online, on social
media worldwide – report: https://www.rappler.com/technology/news/222407-
philippines-online-use-2019-hootsuite-we-are-social-report
10. https://irp-cdn.multiscreensite.com/1c74f035/files/uploaded/introduction-to-e-
commerce.pdf
11. https://www.warehouseanywhere.com/
12. https://www.emarketinginstitute.org/free-ebooks/online-marketing-for-
beginners/chapter-1-basics-internet- marketing/