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E Commerce Act R.A. No. 8792

The Electronic Commerce Act of 2000 (Republic Act No. 8792) establishes the legal framework for electronic transactions in the Philippines, recognizing the validity of electronic data messages and documents. It aims to facilitate domestic and international dealings through electronic means while ensuring the integrity and reliability of electronic communications. The Act also outlines the roles of the state and private sector in promoting information and communications technology (ICT) for national development.

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0% found this document useful (0 votes)
21 views51 pages

E Commerce Act R.A. No. 8792

The Electronic Commerce Act of 2000 (Republic Act No. 8792) establishes the legal framework for electronic transactions in the Philippines, recognizing the validity of electronic data messages and documents. It aims to facilitate domestic and international dealings through electronic means while ensuring the integrity and reliability of electronic communications. The Act also outlines the roles of the state and private sector in promoting information and communications technology (ICT) for national development.

Uploaded by

aokijiadmiral19
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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PAGE

01

ELECTRONIC
COMMERCE ACT OF
2000
(Republic Act No.
8792)
START
Overview PAGE
02

Policy of the
Law
Objective of the
Law
Sphere of
Application
Definition of
Terms
Overview PAGE
03

Legal Recognition of Electronic Data


Message and Electronic Documents
Communication of Electronic Data Messages
and Electronic Documents
Actions Related to Contract of Carriage
of Goods
Transport
Documents
POLICY OF THE LAW PAGE
04

The State recognizes the critical role of information and communications


technology (ICT) in nation-building and emphasizes the need to create an
information-friendly environment that ensures the availability, diversity, and
affordability of ICT products and services. It acknowledges the private
sector's primary responsibility in providing investments and services in
telecommunications and ICT. The State also highlights the need for training
programs and institutional policy changes to develop a labor force skilled in
ICT and a population capable of using electronic appliances and computers.
POLICY OF THE LAW PAGE
05

Furthermore, the State affirms its obligation to facilitate the transfer


and promotion of adaptive technology, ensuring network security,
connectivity, and neutrality for the national benefit. It emphasizes the
importance of marshaling, organizing, and deploying national
information infrastructures, including telecommunications networks
and strategic information services, and their interconnection with
global information networks, supported by appropriate legal, financial,
diplomatic, and technical frameworks, systems, and facilities.
OBJECTIVE OF THE LAW
PAGE
06

This Act aims to facilitate domestic and international dealings,


transactions, arrangements, agreements, contracts and exchanges
and storage of information through the utilization of electronic,
optical and similar medium, mode, instrumentality and technology
to recognize the authenticity and reliability of electronic documents
related to such activities and to promote the universal use of
electronic transaction in the government and general public.
SPHERE OF PAGE

APPLICATION 07

This Act shall apply to any kind of data message and


electronic document used in the context of commercial and
non-commercial activities to include domestic and
international dealings, transactions, arrangements,
agreements, contracts and exchanges and storage of
information.
DEFINITION OF TERMS PAGE
08

"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
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 those functions.
DEFINITION OF TERMS PAGE
09

"Electronic Data message" refers to information generated, sent, received or stored by


electronic, optical or similar means.

"Information and communication 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 PAGE
10

"Electronic signature" refers to any distinctive mark, characteristic and/or sound in


electronic form, representing the identity of a person and attached to or logically
associated with the electronic data message or electronic document or any methodology
or procedures employed or adopted by a person and executed or adopted by such
person with the intention of authenticating or approving an electronic data message or
electronic document.

"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
proved and affirmed, which is received, recorded, transmitted, stored, processed,
retrieved or produced electronically.
DEFINITION OF TERMS PAGE
11

"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.
CHAPTER II PAGE
12

LEGAL RECOGNITION OF ELECTRONIC


WRITING OR DOCUMENT AND DATA
MESSAGES
CHAPTER II PAGE
13
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
DOCUMENTS
Section 6. Legal Recognition of Electronic Data Messages

Information shall not be denied legal 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.
CHAPTER II PAGE
14
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
Section 7. Legal Recognition of Electronic Documents
DOCUMENTS
Electronic documents shall have the legal effect, validity or enforceability as any other document or
legal.

1. Agreement must be in writing. Where the law requires a document to be in writing,


that requirement is met by an electronic document if:
(a) It maintains it's integrity and reliability; and
(b) It can be authenticated so as to be usable for subsequent reference, in that:
(i) The electronic document has remained complete and unaltered, apart from the addition of any
endorsement and any authorized change, or any change which arises in the normal course of
communication, storage and display; and
(ii) The electronic document is reliable in the light of the purpose for which it was generated and
in the light of all the relevant circumstances.
CHAPTER II PAGE
15
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
Section 7. Legal Recognition of Electronic Documents
DOCUMENTS
NOTE:
Paragraph (a) applies whether the requirement therein is in the form of an obligation or whether the
law simply provides consequences for the document not being presented or retained in its original
form.

2. Document must be in original form. Where the law requires that a document be presented or
retained in its original form, that requirement is met by an electronic document if:
(a) There exists a reliable assurance as to the integrity of the document from the time
when it was first generated in its final form; and
(b) That document is capable of being displayed to the person to whom it is to be
presented: Provided, That no provision of this Act shall apply to vary any and all requirements of
existing laws on formalities required in the execution of documents for their validity.
CHAPTER II PAGE
16
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
DOCUMENTS
Section 8. Legal Recognition of Electronic Signatures
An electronic signature on the electronic document shall be equivalent to the signature of a person
on a written document if that signature is proved by showing that a prescribed procedure, not
alterable by the parties interested in the electronic document, existed under which:

(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 approval through the electronic
signature;
(b) Said method is reliable and appropriate for the purpose for which the electronic document
was generated or communicated, in the light of all the circumstances, including any relevant
agreement;
(c) It is necessary for the party sought to be bound, in order to proceed further with
the transaction, to have executed or provided the electronic signature; and
(d) The other party is authorized and enabled to verify the electronic signature and to
make the decision to proceed with the transaction authenticated by the same.
CHAPTER II PAGE
17
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
Section 9. Presumption Relating to Electronic Signatures
DOCUMENTS
In any proceedings involving an electronic signature, it shall be presumed that:

(a) The electronic signature is the signature of the person to whom it correlates; and
(b) The electronic signature was affixed by that person with the intention of signing or
approving the electronic document unless the person relying on the electronically signed
electronic document knows or has notice of defects in or unreliability of the signature or reliance
on the electronic signature is not reasonable under the circumstances.
(c) The electronic signature was affixed by that person with the intention of authenticating or
approving the electronic document to which it is related or to indicate such person's consent to
thee transaction embodied therein; and
(d) The methods or processes utilized to affix or verify the electronic signature operated
without default.
CHAPTER II PAGE
18
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
Section 9. Presumption Relating to Electronic Signatures
DOCUMENTS

Disputable presumptions relating to digital signatures


Upon the authentication of a digital asignatire, it shall be presumed, in addition to those
mentioned in the immediately pressing section, that:

(a) The information contained in a certificate is correct;


(b) The digital signature was created during the operational period of a certificate;
(c) The message associated with the digital signature has not been altered from
the time it was signed; and
(d) The certificate had been issued by the certification authority indicated therein.
CHAPTER II PAGE
19
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
Section 10. Original Documents DOCUMENTS

(1) Where the law requires information to be presented or retained in its original form, that
requirement is met by an electronic data message or electronic document if:
(a) the integrity of the information from the time when it was first generated in its
final form, as an electronic data message or electronic document is shown by evidence
aliunde or otherwise; and
(b) where it is required that information be presented, that the information is
capable of being displayed to the person to whom it is to be presented.

(2) Paragraph (1) applies whether the requirement therein is in the form of an obligation or
whether the law simply provides consequences for the information not being presented or
retained in its original form.
CHAPTER II PAGE
20
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
Section 10. Original Documents DOCUMENTS

(3) For the purposes of subparagraph (a) of paragraph (1):


(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 normal course of communication, storage and display;
and
(b) the standard of reliability required shall be assessed in the light of the
purpose for which the information was generated and in the light of all
relevant circumstances.
CHAPTER II PAGE
21
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
Section 10. Original Documents DOCUMENTS
Instances when copies of a document are equally regarded as originals:
(1) When a document is in two or more copies executed at or about the same time, with identical
contents, all such copies are equally regarded as originals.

(2) When an entry is repeated in the regular course of business, one being copied from another at or
near the time of the transaction, all the entries are likewise equally regarded as originals.

(3) When a document is in two or more copies executed at or about the same time with identical
contents, or is a counterpart produced by the same impression as the original, or from the same
matrix, or by mechanical or electronic re-recording, or by chemical reproduction, or by other
equivalent techniques which accurately reproduces the original, such copies or duplicates shall be
regarded as the equivalent of the original.
CHAPTER II PAGE
22
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
Section 10. Original Documents DOCUMENTS

"Duplicate original copies" or " multiple original copies" wherein two or more copies are
executed at or about the same time with identical contents are contemplated in one and
three above. If the copy is generated after the original is executed, it may be called a
"print-out or output" based on the definition of an electronic document, or a
"counterpart" based on Section 2, Rule 4 of the Rules on Electronic Evidence.
CHAPTER II PAGE
23
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
DOCUMENTS
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 validating a claimed identity of a user, device, or another entity in an
information or communication system, among other ways, as follows:

(a) The electronic signature shall be authenticated by proof that a letter, character, number or
other symbol in electronic form representing the persons named in and attached to or logically
associated with an electronic data message, electronic document, or that the appropriate
methodology or security procedures, when applicable, were employed or adopted by a person
and executed or adopted by such person, with the intention of authenticating or approving an
electronic data message or electronic document;
CHAPTER II PAGE
24
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
Section 11. Authentication of DOCUMENTS
Electronic Data Messages and Electronic
Documents

(b) The electronic data message and electronic document shall be authenticated 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, on detecting error or alteration in the communication,
content or storage of an electronic document or electronic data message from a specific
point, which, using algorithm or codes, identifying words or numbers, encryptions,
answers back or acknowledgment procedures, or similar security devices.
CHAPTER II PAGE
25
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
Section 11. Authentication of DOCUMENTS
Electronic Data Messages and Electronic
Documents

The Supreme Court may adopt such other authentication procedures, including the use
of electronic notarization systems as necessary and advisable, as well as the certificate
of authentication on printed or hard copies of the electronic document or electronic data
messages by electronic notaries, service providers and other duly recognized or
appointed certification authorities.

The person seeking to introduce an electronic data message and electronic document in
any legal proceeding has the burden of proving its authenticity by evidence capable of
supporting a finding that the electronic data message and electronic document is what
the person claims it to be.
CHAPTER II PAGE
26
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
Section 11. Authentication of Electronic Data Messages and Electronic Documents
DOCUMENTS
In the absence of evidence to the contrary, the integrity of the information and communication
system in which an electronic data message or electronic document is recorded or stored may be
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 the integrity of the electronic data
message and/or electronic document, and there are no other reasonable grounds to doubt the
integrity of the information and communication system;
(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
(c) By showing that the electronic data message and/or electronic document 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.
CHAPTER II PAGE
27
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
Section 12. Admissibility and Evidential Weight of Electronic Data Message and Electronic
DOCUMENTS
Documents
Original of an electronic document
An electronic document shall be regarded as the equivalent of an original document under the Best
Evidence Rule if it is a print-out or output readable by sight or other means, shown to reflect the data
accurately.

GENERAL RULE:
An electronic document is equivalent to an original in the following instances:
(a) When a document is in two or more copies executed at or about the same time with
identical contents;
(b) It is a counterpart produced by the same impression as the original, or from the same matrix,
or by mechanical or electronic re-recording, or by chemical reproduction;
(c) By other equivalent techniques which accurately reproduces the original, such copies are
duplicates shall be regarded as the equivalent of the original.
CHAPTER II PAGE
28
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
Section 12. Admissibility and Evidential
DOCUMENTSWeight of Electronic Data Message
and Electronic Documents

EXCEPTION:

Not withstanding the foregoing, copies or duplicates shall not be admissible to the same
extent as the original if;

(a) A genuine question is raised as the authenticity of the original; or


(b) In the circumstances, it would be unjust or inequitable to admit a copy in lieu of the
original.
CHAPTER II PAGE
29
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
Section 13. Retention of Electronic Data Message and Electronic Document
DOCUMENTS
The requirement in any provision of law that certain documents be retained in their original form
is satisfied by retaining them in the form of an electronic data message or electronic document
which:

i. Remains accessible so as to be usable for subsequent reference;


ii. Is retained in the format in which it was generated, sent or received, or in a format which can
be demonstrated to accurately represent the electronic data message or electronic document
generated, sent or received;
iii. Enables the identification of its originator and addressee, as well as the determination of the
date and the time it was sent or received.

The above requirement is satisfied by using the services of a third party, provided that the
conditions set forth in sub-paragraphs (i), (ii) and (iii) of paragraph (a) are met.
CHAPTER II PAGE
30
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
Section 14. Proof By Affidavit DOCUMENTS

Rules for proving an electronic document

Affidavit of Evidence
All matters relating to the admissibility and evidinciary weight of an electronic document
may be established by an affidavit stating facts of direct personal knowledge of the
affiant or based on authentic records. The affidavit must affirmatively show the
competence of the affiant to testify on the matters contained therein.
CHAPTER II PAGE
31
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
Section 15. Cross-Examination DOCUMENTS

Cross-examination of deponent

The affiant shall be made to affirm the contents of the affidavit in open court and may
be cross-examined as a matter of right by the adverse party.

In the absence of such authentication through the affidavit of the custodian or other
qualified person, the said annexes or attachments cannot be admitted and appreciated
as business records and accepted from the rule on hearsay evidence.
CHAPTER II PAGE
32
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
Section 15. Cross-Examination DOCUMENTS

Cross-examination of deponent

Burden of proving authenticity

The person seeking to introduce an electronic document in any legal proceeding has the
burden of proving it's authenticity.
CHAPTER III PAGE
33

COMMUNICATION OF ELECTRONIC DATA


MESSAGE AND ELECTRONIC DOCUMENTS
CHAPTER III PAGE
34
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
DOCUMENTS
Sec. 16. Formation and Validity of Electronic Contracts

(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 contracts may be
expressed in, demonstrated and proved by means of electronic data message or
electronic documents and no contract shall be denied validity or enforceability on the
sole ground that it is in the form of an electronic data message or electronic document,
or that any or all of the elements required under existing laws for the formation of the
contracts is expressed, demonstrated and proved by means of electronic documents.
CHAPTER III PAGE
35
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
DOCUMENTS
(2) Electronic transactions made through networking among banks, or linkages thereof with other
entities or networks, and vice versa, shall be deemed consummated upon the actual dispensing
of cash or the debit of one account and the corresponding credit to another, whether such
transaction is initiated by the depositor or by an authorized collecting party: Provided that the
obligation of one bank, entity, or person similarly situated to another arising therefrom shall be
considered absolute and shall not be subjected to the process of preference of credits.

Sec. 17. Recognition by Parties of Electronic Data Message or Electronic Document


As between the originator and the addressee of an electronic data message or electronic
document, a declaration of will or other statement shall not be denied legal effect, validity or
enforceability solely on the ground that it is in the form of an electronic data message.
CHAPTER III PAGE
36
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
DOCUMENTS
(2) Electronic transactions made through networking among banks, or linkages thereof with other
entities or networks, and vice versa, shall be deemed consummated upon the actual dispensing
of cash or the debit of one account and the corresponding credit to another, whether such
transaction is initiated by the depositor or by an authorized collecting party: Provided that the
obligation of one bank, entity, or person similarly situated to another arising therefrom shall be
considered absolute and shall not be subjected to the process of preference of credits.

Sec. 17. Recognition by Parties of Electronic Data Message or Electronic Document


As between the originator and the addressee of an electronic data message or electronic
document, a declaration of will or other statement shall not be denied legal effect, validity or
enforceability solely on the ground that it is in the form of an electronic data message.
CHAPTER III PAGE
37
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
Sec. 18. Attribution of Electronic Data Message DOCUMENTS
(1) An electronic data message or electronic document is that of the onginator if it was sent by the originator
himself.

(2) As between the originator and the addressee, an electronic data message or electronic document is deemed to
be that of the originator if it was sent

(a) by a person who had the authority to act on behalf of the originator data message or electronic document; or
espect electronic

(b) by an information system programmed by, or on behalf of the originator to operate automatically..

(3) As between the originator and the addressee, an addressee is entitled to regard an electronic data message or
electronic document as being that of the originator, and to act on that assumption, if:
CHAPTER III PAGE
38
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
DOCUMENTS
(a) in order to ascertain whether the electronic data message or electronic document was that of the originator, the
addressee properly applied a procedure previously agreed to by the originator for that purpose; or

(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 enabled that person to gain
access to a method used by the originator to identify electronic data messages as his own.

(4) Paragraph (3) does not apply:

(a) as of the time when the addressee has both received notice from the originator that the electronic data
message or electronic document is not that of the originator, and has reasonable time to act accordingly; or

(b) in a case within paragraph (3) sub-paragraph


CHAPTER III PAGE
39
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
(c), DOCUMENTS
at any time when the addressee knew or should have known, had it exercised reasonable
care or used any agreed procedure, that the electronic data message or electronic document
was not that of the originator.

5) Where an electronic data message or electronic document is that of the originator or is


deemed to be ( that of the originator, or the addressee is entitled to act on that assumption,
then, as between the originator and the addressee, 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 act on that assumption. The addressee is not so entitled when it knew
or should have known, had it exercised reasonable care or used any agreed procedure, that the
transmission resulted in any error in the electronic data message or electronic document as
received.
CHAPTER III PAG3
40
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
DOCUMENTS
(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 duplicates another
electronic data message or electronic document and the addressee knew or should
have known, had it exercised reasonable care or used any agreed procedure, that the
electronic data message or electronic document was a duplicate.

Sec. 19. Error on Electronic Data Message or Electronic Document


The addressee is entitled to regard the electronic data message or electronic
document received as that which the originator intended to send, and to act on that
assumption, unless the addressee knew or should have known, had the addressee
exercised reasonable care or used the appropriate procedure-
CHAPTER III PAGE
41
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
(a)That the transmission resulted in any DOCUMENTS
error therein or in the electronic document when the
electronic data message or electronic document enters the designated information system, or
(b) That electronic data message or electronic document is sent to an information system which is not
so designated by the addressee for the purpose.

Sec. 20. Agreement on Acknowledgment of Receipt of Electronic Data Messages or Electronic


Documents-
The following rules shall apply where, on or before sending an electronic 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:

(a) Where the originator has not agreed with the addressee that the acknowledgment be given in a
particular form or by a particular method, an acknowledgment may be given by or through any
communication by the addressee, automated or otherwise, or any conduct of the addressee,sufficient
to indicate to the originator that the electronic data message or electronic document has been
CHAPTER III PAGE
42
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
(b) DOCUMENTS
Where the originator has stated that the effect or significance of the electronic data message or
electronic document is conditional on receipt of the acknowledgment thereof, the electronic data
message or electronic document is treated as though it has never been sent, until the acknowledgment
is received.

(c) Where the originator has not stated that the effect or significance of the electronic data message or
electronic document is conditional on receipt of the acknowledgment, and the acknowledgment has not
been received by the originator within the time specified or agreed or, if no time has been specified or
agreed, within a reasonable time, the originator may give notice to the addressee stating that no
acknowledgment has been received and specifying a reasonable time by which the acknowledgment
must be received; and if the acknowledgment is not received within the time specified in subparagraph
(c), the originator may, upon notice to the addressee, treat the electronic document or electronic data
message as though it had never been sent, or exercise other rights it may have.
CHAPTER III PAGE
43
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
DOCUMENTS
Sec. 21. Time of Dispatch of Electronic Data Messages or Electronic Documents
Unless otherwise agreed between the originator and the addressee, the dispatch of an electronic data message or
electronic document occurs when it enters an information system outside the control of the originator or of the
person who sent the electronic data message or electronic document on behalf of the originator.

Sec. 22. Time of Receipt of Electronic Data Messages or Electronic Documents


Unless otherwise agreed between the originator and the addressee, the time of receipt of an electronic data
message or electronic document is as follows:

(a) If the addressee has designated an information system for the purpose of receiving electronic data message or
electronic document, receipt occurs at the time when the electronic data message or electronic document enters
the designated information system: Provided, 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 retrieved by the addressee.
CHAPTER III PAGE
44
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
(b) If the electronic data messageDOCUMENTS
or electronic document is sent to an information
system of the addressee that is not the designated information system, receipt occurs
at the time when the electronic data message or electronic document is retrieved by
the addressee;

(c) If the addressee has not designated an information system, receipt occurs when
the electronic data message or electronic document enters an information system of
the addressee.

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.
CHAPTER III PAGE
45
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
Sec. 23. Place of Dispatch and Receipt of DOCUMENTS
Electronic Data Messages or Electronic Documents
Unless otherwise agreed between the originator and the addressee, an electronic data message or
electronic document is deemed to be dispatched at the place where the originator has its place 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 or other portable device to transmit or
receive his electronic data message or electronic document. This rule shall also apply to
determine the tax situs of such transaction.

For the purpose hereof -

a. If the originator or the addressee has more than one place of business, the place of business is
that which has the closest relationship to the underlying transaction or, where there is no
underlying transaction, the principal place of business.
CHAPTER III PAGE
46
COMMUNICATION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC
DOCUMENTS
b. If the originator or the addressee does not have a place of business, reference is to be made
to its habitual residence; or

c. The "usual place of residence in relation to a body corporate, means the place where it is
incorporated or otherwise legally constituted.

Sec. 24. Choice of Security Methods


Subject to applicable laws and/or rules and guidelines promulgated by the Department of
Trade and Industry with other appropriate government agencies. parties to any electronic
transaction shall be free to determine the type and level of electronic data. message and
electronic document security needed, and to select and use or implement appropriate
technological methods that suit their needs.
Actions Related to
Contract of Carriage of PAGE
Goods
This section outlines actions typically involved in contracts for transporting goods.
47

It refers to the following:


a. i. Furnishing the marks, number, quantity, or weight of goods;
ii. Stating or declaring the nature or value of goods;
iii. Issuing a receipt for goods;
iv. Confirming that goods have been loaded.
b. i. Notifying a person of terms and conditions of the contract;
ii. Giving instructions to a carrier.
c. i. Claiming delivery of goods;
ii. Authorizing release of goods;
iii. Giving notice of loss of, or damage to goods.
d. Giving any other notice or statement in connection with the performance of the contract.
b. Undertaking to deliver goods to a named person or a person authorized to claim delivery.
f. Granting, acquiring, renouncing, surrendering, transferring, or negotiating rights in goods.
g. Acquiring or transferring rights and obligations under the contract.
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1. Subject to paragraph (3), where the law requires that any action related to contracts of carriage
of goods 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.

2. Paragraph (1) applies whether the requirement therein is in the form of an obligation or whether
the law simply provides consequences for failing either to carry out the action in writing or to use a
paper document.
3. If a right is to be granted to, or an obligation is to be acquired by, one person and no other person,
and if the law requires that, in order to effect this, the 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 by using one or more electronic data messages or electronic documents: Provided, That
a reliable method is used to render such electronic data messages or electronic documents unique.
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49

4. For the purposes of paragraph (3), the standard of reliability required shall be assessed in the
light of the purpose for which the right or obligation was conveyed and in the light of all the
circumstances, including any relevant agreement.

5. Where one or more electronic data messages or electronic documents are used to effect any
action in subparagraphs (f) and (g) on actions related to contracts of carriage of goods, 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 use of paper documents. A paper
document issued in these circumstances shall contain a statement of such termination. The
replacement of electronic data messages or electronic documents by paper documents shall not
affect the rights or obligations of the parties involved.
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6. If a rule of law 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 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 message or electronic
documents instead of by a paper document.
THANK
Group Members:

YOU !
Sarmiento, Janice

John
Manlagnit , Mark

Sapanta, Caren

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