WHAT IS THE ELECTRONIC COMMERCE

ACT or the E-COMMERCE LAW?

- It is a law passed by Congress in

200 denominated as Republic Act No.
8792 providing for the recognition and
use of electronic commercial and non-
commercial transactions, penalties for
unlawful use thereof, and other
purposes.
WHAT ARE THE OBJECTIVES OF THIS LAW?

- Basically, the objectives are:

(a) 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:
(b) To recognize the authenticity and reliability of
electronic data messages or electronic documents
related to the activities mentioned above; and
(c) To promote the universal use of electronic
transaction in the government and by the general
public.
WHAT ARE THE SUBJECT MATTERS OF E-COMMERCE
LAW?

(1) ELECTRONIC DATA MESSAGE – refers to

information generated, sent, received or stored by
electronic, optical or similar means; and
(2) 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 fact may be proved and affirmed, which is
received, recorded, transmitted, stored, processed,
retrieved or produced electronically.
ARE INFORMATIONS DERIVED FROM ELECTRONIC
MEANS, SUCH AS FROM COMPUTERS, VALID AND
ENFORCEABLE?

- Yes, these informations remain valid and

enforceable and no difference from those which are non-
electronically generated.

HOW ABOUT ELECTRONIC DOCUMENTS?

- Just like informations derived from electronic

means, these documents are likewise given legal effect,
validity and enforceability similar to other documents or
legal writing.
ELECTRONIC DATA MESSAGES AND ELECTRONIC
DOCUMENTS ARE TAKEN ELECTRONICALLY FROM
WHAT SOURCE?

- They are both derived from information and

communication system.

WHAT IS INFORMATION AND COMMUNICATION

SYSTEM?

- It is a system intended for and capable of

generating, sending, receiving, storing, or otherwise
processing electronic data messages or electronic
documents.
WHAT IS AN EXAMPLE OF INFORMATION AND
COMMUNICATION SYSTEM?

- A Computer System

WHO ARE THE PARTIES INVOLVED IN THE

TRANSMISSION OF ELECTRONIC DATA MESSAGES
OR IN THE PREPARATION AND EXECUTION OF
ELECTRONIC DOCUMENTS?
(a) the addressee;
(b) the intermediary;
(c) the originator; and
(d) the service provider.
CAN SERVICE PROVIDERS MODIFY ALTER THE
CONTENT OF THE ELECTRONIC DATA MESSAGE
OR ELECTRONIC DOCUMENT RECEIVED?

- No, they cannot make such modifications or

alterations. (Section 5, E-Commerce Law)

DOES THE LAW GIVE ALSO LEGAL RECOGNITION

TO ELECTRONIC DATA MESSAGES, AS WELL AS,
TO ELECTRONIC SIGNATURES?

- Yes, the law gives legal recognition likewise

electronic data messages and to electronic signatures.
(see Section 6, E-Commerce Law)
WHAT DO YOU MEAN BY LEGAL
RECOGNITION?

- It means that inspite of their being

produced electronically, these electronic data
messages and electronic documents remain
capable of –
(a) Producing legal effects (e.g. creating rights
and extinguishing obligations);
(b) Becoming perfectly valid; and
(c) Enforceable (can be sued upon in court as
binding)
MISS MAY KERR UPLOADED IN HER LAPTOP THIS PROMISSORY NOTE
STRUCTURED BELOW BEARING HER ELECTRONIC SIGNATURE AS
MAKER:

TO: Miss Faye Yee

08 April 2018
I promise to pay to the order of Miss Faye Yee the amount of ONE
HUNDRED THOUSAND PESOS (Php100,000) upon demand.

Sgd. MAY KERR (Maker)

State the legal effect of this electronic document bearing the electronic
signature of Mis May Kerr.

- By electronically affixing her signature to the electronic document (a

negotiable promissory note) which she uploaded in her laptop to Miss Faye
Yee, it created the PRESUMPTION that the signature there (“Sgd MAY KERR
((Maker) is her’s and that she signed with the intention of making herself
primarily liable in tehs said note
CAN A VALID AND EFFECTIVE CONTRACT-
MAKING BE DONE THROUGH THESE
ELECTRONIC DATA MESSAGES AND
ELECTRONIC DOCUMENTS?

Yes, IT CAN. The Law states that 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.
WHEN IS A TRANSACTION CONSUMMATED IF
ELECTRONICALLY MADE THROUGH NETWORKING
AMONG BANKS, OR LINKAGES THEREOF WITH OTHER
ACTIVITIES OR NETWORKS?

- Such electronic transaction is 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 credit