Republic of the Philippines
Department of Trade and Industry
Department of Budget and Management
Bangko Sentral ng Pilipinas
Pursuant to the provisions of Section 34 of Republic Act No. 8792,
otherwise
known as the Electronic
Commerce Act (the “Act” ),
the following implementing rules and regulations (the “Rules”)
are
hereby promulgated:
PART I
DECLARATION
OF POLICY
AND
PRINCIPLES
FOR ELECTRONIC COMMERCE PROMOTION
Chapter
I
Declaration
of Policy
Section
1. Declaration of Policy. - The State recognizes the vital role
of information and communications technology (ICT) in nation-building;
the need to create an information-friendly environment which supports
and
ensures the availability, diversity and affordability of ICT products
and
services; the primary responsibility of the private sector in
contributing
investments and services in ICT; the need to develop, with appropriate
training programs and institutional policy changes, human resources for
the information age, a labor force skilled in the use of ICT and a
population
capable of operating and utilizing electronic appliances and computers;
its obligation to facilitate the transfer and promotion of technology;
to ensure network security, connectivity and neutrality of technology
for
the national benefit; and the need to marshal, organize and deploy
national
information infrastructures, comprising in both communications network
and strategic information services, including their interconnection to
the global information networks, with the necessary and appropriate
legal,
financial, diplomatic and technical framework, systems and facilities.chanrobles virtual law library
Section 2. Authority of the Department of Trade and Industry and
Participating
Entities. - The Department of Trade and Industry (DTI) shall
direct
and supervise the promotion and development of electronic commerce in
the
country with relevant government agencies, without prejudice to the
provisions
of Republic Act. 7653 (Charter of Bangko Sentral ng Pilipinas) and Republic
Act No. 8791 (General Banking Act).chanrobles virtual law library
Chapter
II
Declaration
of Principles for Electronic Commerce Promotion
Section
3. Principles. - Pursuant to the mandate under Section 29 of
the
Act to direct and supervise the promotion and development of electronic
commerce in the country, the following principles are hereby adopted as
Government policy on electronic commerce:
(a) Role of the
Government. - Government intervention, when
required,
shall promote a stable legal environment, allow a fair allocation of
scarce
resources and protect public interest. Such intervention shall be no
more
than is essential and should be clear, transparent, objective,
non-discriminatory,
proportional, flexible, and technologically neutral. Mechanisms for
private
sector input and involvement in policy making shall be promoted and
widely
used.chanrobles virtual law library
(b) Role of the Private
Sector. - The development of electronic
commerce
shall be led primarily by the private sector in response to market
forces.
Participation in electronic commerce shall be pursued through an open
and
fair competitive market.chanrobles virtual law library
(c) International
Coordination and Harmonization. - Electronic
commerce
is global by nature. Government policies that affect electronic
commerce
will be internationally coordinated and compatible and will facilitate
interoperability within an international, voluntary and consensus-based
environment for standards setting.chanrobles virtual law library
(d) Neutral Tax
Treatment. - Transactions conducted using
electronic
commerce should receive neutral tax treatment in comparison to
transactions
using non-electronic means and taxation of electronic commerce shall be
administered in the least burdensome manner.chanrobles virtual law library
(e) Protection of Users.
- The protection of users, in particular
with
regard to privacy, confidentiality, anonymity and content control shall
be pursued through policies driven by choice, individual empowerment,
and
industry-led solutions. It shall be in accordance with applicable laws.
Subject to such laws, business should make available to consumers and,
where appropriate, business users the means to exercise choice with
respect
to privacy, confidentiality, content control and, under appropriate
circumstances,
anonymity.chanrobles virtual law library
(f) Electronic Commerce
Awareness. - Government and the private
sector
will inform society, both individual consumers and businesses, about
the
potentials of electronic commerce and its impact on social and economic
structures.chanrobles virtual law library
(g) Small and
Medium-Sized Enterprises. - Government will provide
small
and medium-sized enterprises (SMEs) with information and education
relevant
to opportunities provided by global electronic commerce. Government
will
create an environment that is conducive to private sector investment in
information technologies and encourage capital access for SMEs.chanrobles virtual law library
(h) Skills Development.
- Government shall enable workers to
share in
the new and different employment generated by electronic commerce. In
this
regard, the Government shall continue to promote both formal and
non-formal
skills-development programs.chanrobles virtual law library
(i) Government as a
Model User. - Government shall utilize new
electronic
means to deliver core public services in order to demonstrate the
benefits
derived therefrom and to promote the use of such means. In this regard,
the Government will be a pioneer in using new technologies. In
particular,
the Government Information System Plan (GISP), which is expected to
include,
but not be limited to, online public information and cultural
resources,
databases for health services, web sites at local, regional and
national
levels and public libraries and databases, where appropriate, will be
implemented
in accordance with the provisions of the Act and RPWEB.chanrobles virtual law library
(j) Convergence. - Convergence
of technologies is crucial to
electronic
commerce and will be supported by appropriate government policies.
Government
will work closely with business in preparing for and reacting to
changes
caused by convergence.chanrobles virtual law library
(k) Domain Name System. - The Government supports initiatives to
ensure
that Internet users will have a sufficient voice in the governance of
the
domain name system.chanrobles virtual law library
(l) Access to Public
Records. - Government shall provide equal
and transparent
access to public domain information.chanrobles virtual law library
(m) Dispute Mechanisms.
- Government encourages the use of
self-regulatory
extra-judicial dispute settlement mechanisms such as arbitration and
mediation
as an effective way of resolving electronic commerce disputes.chanrobles virtual law library
Chapter
III
Objective
and Sphere of Application
Section
4. Objective of the Act. - The 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 transactions
in the government and by the general public.chanrobles virtual law library
Section
5. Sphere of Application. - The Act shall apply to any kind of
electronic
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.chanrobles virtual law library
PART II
ELECTRONIC
COMMERCE IN GENERAL
Chapter
I
General
Provisions
Section
6. Definition of Terms. - For the purposes of the Act and
these Rules, the following terms are defined, as follows:
(a) “Addressee” refers to a person who is intended by the originator to
receive the
electronic data message or electronic document, but does not include a
person acting as an intermediary with respect to that electronic data
message
or electronic document.chanrobles virtual law library
(b) “Commercial
Activities” shall be given a wide interpretation so as to cover
matters
arising from all relationships of a commercial nature, whether
contractual
or not. The term shall likewise refer to acts, events, transactions, or
dealings occurring between or among parties including, but not limited
to, factoring, investments, leasing, consulting, insurance, and all
other
services, as well as the manufacture, processing, purchase, sale,
supply,
distribution or transacting in any manner, of tangible and intangible
property
of all kinds such as commodities, goods, merchandise, financial and
banking
products, patents, participations, shares of stock, software, books,
works
of art and other intellectual property.chanrobles virtual law library
(c) “Computer” refers to any device or apparatus singly or interconnected
which,
by
electronic, electro-mechanical, optical and/or magnetic impulse, or
other
means with the same function, can receive, record, transmit, store,
process,
correlate, analyze, project, retrieve and/or produce information, data,
text, graphics, figures, voice, video, symbols or other modes of
expression
or perform any one or more of these functions.chanrobles virtual law library
(d) “Convergence” refers to technologies moving together towards a common point
and
elimination
of differences between the provisioning of video, voice and data, using
digital and other emerging technologies; the coming together of two or
more disparate disciplines or technologies; the ability of different
network
platforms to carry any kind of service; and the coming together of
consumer
devices such as, but not limited to, the telephone, television and
personal
computer.chanrobles virtual law library
(e) “Electronic
data message” refers to information generated, sent, received or
stored
by electronic, optical or similar means, but not limited to, electronic
data interchange (EDI), electronic mail, telegram, telex or
telecopy.
Throughout these Rules, the term “electronic data message” shall
be equivalent to and be used interchangeably with “electronic
document.”
(f) “Information
and Communications System” refers to a system for 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.chanrobles virtual law library
(g) “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.chanrobles virtual law library
(h) “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.
Throughout these Rules, the term “electronic document” shall be
equivalent to and be used interchangeably with “electronic data
message.”
(i) “Electronic
key” refers to a secret code, which secures and defends sensitive
information
that crosses over public channels into a form decipherable only by
itself
or with a matching electronic key. This term shall include, but not be
limited to, keys produced by single key cryptosystems, public key
cryptosystems
or any other similar method or process, which may hereafter, be
developed.chanrobles virtual law library
(j) “Intermediary” refers to a person who in behalf of another
person
and with respect to a particular electronic data message or electronic
document sends, receives and/or stores or provides other services in
respect
of that electronic data message or electronic document.chanrobles virtual law library
(k) “Non-Commercial Activities” are those not falling under
commercial
activities.chanrobles virtual law library
(l) “Originator” refers to a person by whom, or on whose behalf, the
electronic
data message or 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 data message or electronic document.chanrobles virtual law library
(m) “Person” means any natural or juridical person including,
but
not
limited to, an individual, corporation, partnership, joint venture,
unincorporated
association, trust or other juridical entity, or any governmental
authority.chanrobles virtual law library
(n) “Service
provider” refers to a provider of -
i.
Online services or network access, or the operator of facilities
therefor,
including entities offering the transmission, routing, or providing of
connections for online communications, digital or otherwise, between or
among points specified by a user, of electronic data message or
electronic
documents of the user’s choosing; or
ii.
The necessary technical means by which electronic data message or
electronic
documents of an originator may be stored and made accessible to a
designated
or undesignated third party.chanrobles virtual law library
Such
service providers shall have no authority to modify or alter the
content
of the electronic data message or electronic document received or to
make
any entry therein on behalf of the originator, addressee or any third
party
unless specifically authorized to do so, and shall retain the
electronic
data message or electronic document in accordance with the specific
request
or as necessary for the purpose of performing the services it was
engaged
to perform.chanrobles virtual law library
Chapter
II
Legal
Recognition
of Electronic Data Messages And Electronic Documents
Section 7. Legal Recognition of Electronic Data Messages and Electronic
Documents.
- Information shall not be denied validity or enforceability
solely
on the ground that it is in the form of an electronic data message or
electronic
document, purporting to give rise to such legal effect. Electronic data
messages or electronic documents shall have the legal effect, validity
or enforceability as any other document or legal writing. In
particular,
subject to the provisions of the Act and these Rules:
(a)
A requirement under law that information is in writing is satisfied if
the information is in the form of an electronic data message or
electronic
document.chanrobles virtual law library
(b) A
requirement
under law for a person to provide information in writing to another
person
is satisfied by the provision of the information in an electronic data
message or electronic document.chanrobles virtual law library
(c) A
requirement
under law for a person to provide information to another person in a
specified
non-electronic form is satisfied by the provision of the information in
an electronic data message or electronic document if the information is
provided in the same or substantially the same form.chanrobles virtual law library
(d) Nothing
limits the operation of any requirement under law for information to be
posted or displayed in specified manner, time or location; or for any
information
or document to be communicated by a specified method unless and until a
functional equivalent shall have been developed, installed, and
implemented.chanrobles virtual law library
Section 8. Incorporation by Reference. - Information shall not be
denied
validity
or enforceability solely on the ground that it is not contained in an
electronic
data message or electronic document but is merely incorporated by
reference
therein.chanrobles virtual law library
Section 9. Use Not Mandatory. - Without prejudice to the application
of
Section
27 of the Act and Section 37 of these Rules, nothing in the Act or
these
Rules requires a person to use or accept information contained in
electronic
data messages, electronic documents, or electronic signatures, but a
person's
consent to do so may be inferred from the person's conduct.chanrobles virtual law library
Section 10. Writing. - Where the law requires a document to be in
writing,
or
obliges the parties to conform to a writing, or provides consequences
in
the event information is not presented or retained in its original
form,
an electronic document or electronic data message will be sufficient if
the latter:
(a)
maintains its integrity and reliability; and
(b)
can be authenticated so as to be usable for subsequent reference, in
that:
(i)
It 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)
It is reliable in the light of the purpose for which it was generated
and
in the light of all relevant circumstances.chanrobles virtual law library
Section
11.Original. - Where the law requires that a document be
presented
or retained in its original form, that requirement is met by an
electronic
document or electronic data message if:
(a)
There exists a reliable assurance as to the integrity of the electronic
document or electronic data message from the time when it was first
generated
in its final form and such integrity is shown by evidence aliunde (that
is, evidence other than the electronic data message itself) or
otherwise;
and
(b)
The electronic document or electronic data message is capable of being
displayed to the person to whom it is to be presented.chanrobles virtual law library
(c)
For the purposes of paragraph (a) above:
(i)
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
(ii)
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.chanrobles virtual law library
An
electronic data message or electronic document meeting and complying
with
the requirements of Sections 6 or 7 of the Act shall be the best
evidence
of the agreement and transaction contained therein.chanrobles virtual law library
Section
12. Solemn Contracts. - No provision of the Act shall apply to
vary
any and all requirements of existing laws and relevant judicial
pronouncements
respecting formalities required in the execution of documents for their
validity. Hence, when the law requires that a contract be in some form
in order that it may be valid or enforceable, or that a contract is
proved
in a certain way, that requirement is absolute and indispensable.chanrobles virtual law library
Legal
Recognition of Electronic Signatures
Section
13. Legal Recognition of Electronic Signatures. An electronic
signature
relating to an electronic document or electronic data message shall be
equivalent to the signature of a person on a written document if the
signature:
(a) is an
electronic
signature as defined in Section 6(g) of these Rules; and
(b) is proved
by showing that a prescribed procedure, not alterable by the parties
interested
in the electronic document or electronic data message, existed under
which:
(i) A method
is used to identify the party sought to be bound and to indicate said
party’s
access to the electronic document or electronic data message necessary
for his consent or approval through the electronic signature;
(ii) Said
method
is reliable and appropriate for the purpose for which the electronic
document
or electronic data message was generated or communicated, in the light
of all circumstances, including any relevant agreement;
(iii)
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,
(iv)
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.chanrobles virtual law library
The
parties may agree to adopt supplementary or alternative procedures
provided
that the requirements of paragraph (b) are complied with.chanrobles virtual law library
For
purposes of subparagraphs (i) and (ii) of paragraph (b), the factors
referred
to in Annex “2” may be taken into account.chanrobles virtual law library
Section
14. Presumption Relating to Electronic Signatures. - In any
proceeding
involving an electronic signature, the proof of the electronic
signature
shall give rise to the rebuttable presumption 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 data message or electronic
document
unless the person relying on the electronically signed electronic data
message or 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.chanrobles virtual law library
Modes
of Authentication
Section
15. Method of Authenticating Electronic Documents, Electronic Data
Messages,
and Electronic Signatures. - 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.chanrobles virtual law library
Until
the Supreme Court, by appropriate rules, shall have so provided,
electronic
documents, electronic data messages and electronic signatures, shall be
authenticated, among other ways, in the following manner:
(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;
(b)
The electronic data message or 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 or electronic document, or 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 acknowledgement
procedures,
or similar security devices.chanrobles virtual law library
Section
16. Burden of Authenticating Electronic Documents or Electronic
Data
Messages. - The person seeking to introduce an electronic document
or electronic data message in any legal proceeding has the burden of
proving
its authenticity by evidence capable of supporting a finding that the
electronic
data message or electronic document is what the person claims it to be.chanrobles virtual law library
Modes
for Establishing Integrity
Section
17. Method of Establishing the Integrity of an Electronic Document
or
Electronic Data Message. 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, among other methods:
(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 document or electronic data message,
and
there are no other reasonable grounds to doubt the integrity of the
information
and communication system;
(b)
By showing that the electronic document or electronic data message 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 document or electronic data message 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.chanrobles virtual law library
Admissibility
and Evidential Weight
Section
18. Admissibility and Evidential Weight of Electronic Data Messages
and Electronic Documents. - For evidentiary purposes, an
electronic
document or electronic data message shall be the functional equivalent
of a written document under existing laws. In any legal
proceeding,
nothing in the application of the rules on evidence shall deny the
admissibility
of an electronic data message or electronic document in evidence:
(a)
On the sole ground that it is in electronic form; or
(b)
On the ground that it is not in the standard written form.chanrobles virtual law library
The
Act does not modify any statutory rule relating to the admissibility of
electronic data messages or electronic documents, except the rules
relating
to authentication and best evidence.chanrobles virtual law library
In
assessing the evidential weight of an electronic data message or
electronic
document, the reliability of the manner in which it was generated,
stored
or communicated, the reliability of the manner in which its originator
was identified, and other relevant factors shall be given due regard.chanrobles virtual law library
Section
19. Proof by Affidavit and Cross-Examination. - The matters
referred
to in Section 12 of the Act on admissibility and evidentiary weight,
and
Section 9 of the Act on the presumption of integrity of electronic
signatures,
may be presumed to have been established by an affidavit given to the
best
of the deponent’s or affiant’s personal knowledge subject to the rights
of parties in interest to cross-examine such deponent or affiant as a
matter
of right. Such right of cross-examination may likewise be enjoyed
by a party to the proceedings who is adverse in interest to the party
who
has introduced the affidavit or has caused the affidavit to be
introduced.chanrobles virtual law library
Any
party to the proceedings has the right to cross-examine a person
referred
to in Section 11, paragraph 4, and sub-paragraph (c) of the Act.chanrobles virtual law library
Retention
of Electronic Data Message and Electronic Document
Section
20. Retention of Electronic Data Message and Electronic Document. - Notwithstanding any provision of law, rule or regulation to
the
contrary:
(a)
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; and,
(iii)
Where applicable, enables the identification of its originator and
addressee,
as well as the determination of the date and the time it was sent or
received.chanrobles virtual law library
(b)
The requirement referred to in paragraph (a) is satisfied by using the
services of a third party, provided that the conditions set forth in
subparagraphs
(i), (ii) and (iii) of paragraph (a) are met.chanrobles virtual law library
(c)
Relevant government agencies tasked with enforcing or implementing
applicable
laws relating to the retention of certain documents may, by appropriate
issuances, impose regulations to ensure the integrity, reliability of
such
documents and the proper implementation of Section 13 of the Act.chanrobles virtual law library
Chapter
III
Communication
of Electronic Data Messages And Electronic Documents
Section
21. Formation and Validity of Electronic Contracts. 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 and perfection
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.chanrobles virtual law library
Section
22. Consummation of Electronic Transactions with Banks. - Electronic
transactions made through networking among banks, or linkages thereof
with
other entities or networks, and vice versa, shall be deemed consummated
under rules and regulations issued by the Bangko Sentral under the
succeeding
paragraph hereunder, 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; Provided, however,
that
the foregoing shall apply only to transactions utilizing the Automated
Teller Machine switching network.chanrobles virtual law library
Without
prejudice to the foregoing, all electronic transactions involving
banks,
quasi-banks, trust entities, and other institutions which under special
laws are subject to the supervision of the Bangko Sentral ng Pilipinas
shall be covered by the rules and regulations issued by the same
pursuant
to its authority under Section 59 of Republic
Act No. 8791 (The General Banking Act), Republic Act No. 7653 (the
Charter of the Bangko Sentral ng Pilipinas) and Section 20, Article XII
of the Constitution.chanrobles virtual law library
Section
23. Recognition by Parties of Electronic Data Message. - 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 or electronic document.chanrobles virtual law library
Attribution
of Electronic Data Message and Electronic Document
Section
24. Origin of Electronic Data Message. - An electronic data
message
or electronic document is that of the originator if it was sent by the
originator himself.chanrobles virtual law library
Section
25. Origin of Electronic Data Message Not Personally Sent by an
Originator.
- 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
with
respect to that electronic data message or electronic document; or
(b)
by an information and communications system programmed by, or on behalf
of the originator to operate automatically.chanrobles virtual law library
Section
26. When an Originator May Be Bound By an Electronic Data Message.
- 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:
(a)
in order to ascertain whether the electronic data message 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
or electronic documents as his own.chanrobles virtual law library
The
provisions of this Section do not exclude other instances or
circumstances
when an originator may be bound by the reliance and consequent action
of
an addressee respecting an electronic data message, which purports to
have
been that of the originator.chanrobles virtual law library
Section
27. When an Originator May Not Be Bound By an Electronic Data
Message.
- As between the originator and the addressee, an addressee is not
entitled to regard an electronic data message as being that of the
originator,
and to act on that assumption:
(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 (b) Section 26 of these Rules, 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.chanrobles virtual law library
The
provisions of this Section do not exclude other instances or
circumstances
when an originator may not be liable for the reliance and consequent
action
of an addressee respecting an electronic data message, which purports
to
have been that of the originator.chanrobles virtual law library
Separate
Receipt of and Error on Electronic Data Message and Electronic Document
Section
28. Assumption Regarding Receipt of Separate Electronic Data
Messages. - 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.chanrobles virtual law library
Section
29. 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, used the appropriate
procedure
or applied an agreed procedure:
(a) That the
transmission resulted in any error therein or in the electronic data
message
or electronic document when the latter enters the designated
information
and communications system; or
(b)
That electronic data message or electronic document is sent to an
information
and communications system which is not so designated by the addressee
for
the purpose.chanrobles virtual law library
Dispatch
and Receipt of Electronic Data Message and Electronic Document
Section
30. 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 received.chanrobles virtual law library
(b)
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.chanrobles virtual law library
(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,
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
any other rights it may have.chanrobles virtual law library
Section
31. Time of Dispatch of Electronic Data Message or Electronic
Document. - 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 and communications 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.chanrobles virtual law library
Section
32. Time of Receipt of Electronic Data Message or Electronic
Document.
- 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 and communications
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 and communications system;
Provided,
however, that if the originator and the addressee are both participants
in the designated information and communications system, receipt occurs
at the time when the electronic data message or electronic document is
retrieved by the addressee.chanrobles virtual law library
(b)
If the electronic data message or electronic document is sent to an
information
and communications system of the addressee that is not the designated
information
and communications system, receipt occurs at the time when the
electronic
data message or electronic document is retrieved by the addressee.chanrobles virtual law library
(c)
If the addressee has not designated an information and communications
system,
receipt occurs when the electronic data message or electronic document
enters an information and communications system of the addressee.chanrobles virtual law library
These
rules apply notwithstanding that the place where the information and
communications
system is located may be different from the place where the electronic
data message or electronic document is deemed to be received.chanrobles virtual law library
Section
33. Place of Dispatch and Receipt of Electronic Data Message or
Electronic
Document. - 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 to the extent not inconsistent with
Philippine
situs rules and the regulations which may be promulgated by the Bureau
of Internal Revenue (BIR) relating to the tax treatment of electronic
commerce
transactions.chanrobles virtual law library
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.chanrobles virtual law library
(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,
which does not have a place of business, means the place where it is
incorporated
or otherwise legally constituted.chanrobles virtual law library
Nothing
in this Section shall be deemed to amend the rules of private
international
law.chanrobles virtual law library
Security
Methods
Section
34. Choice of Security Methods. - Subject to applicable laws
and/or
rules and guidelines promulgated by the Department of Trade and
Industry
and other appropriate government agencies, parties to any electronic
transaction
shall be free to determine the type and level of electronic data
message
or electronic document security needed, and to select and use or
implement
appropriate technological methods that suit their needs.chanrobles virtual law library
PART III
ELECTRONIC
COMMERCE IN CARRIAGE OF GOODS
Section
35. Actions Related to Contracts of Carriage of Goods. -
Without
derogating from the provisions of Part Two of the Act, this Part of the
Rules applies to any action in connection with, or in pursuance of, a
contract
of carriage of goods, including but not limited to:
(a) (i)
furnishing
the marks, number, quantity or weight of goods;
(b) (i)
notifying a person of terms and conditions of the contract;
(ii) giving
instructions to a carrier;
(c) (i)
claiming
delivery of goods;
(d)
giving any other notice or statement in connection with the performance
of the contract;
(e)
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.chanrobles virtual law library
Section
36. Transport Documents. - (1) Subject to paragraph (3), where
the
law requires that any action referred to in the immediately preceding
Section
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. The transport documents referred to
herein
shall include, but not be limited to, those enumerated in Annex “1” hereof. Concerned agencies such as, but not limited to, the DTI,
Department
of Finance, DOTC, Philippine Ports Authority and other port
authorities,
shall, within their respective mandates, issue appropriate rules and
guidelines
with respect to transport documents as provided herein.chanrobles virtual law library
(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.chanrobles virtual law library
(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.chanrobles virtual law library
(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.chanrobles virtual law library
(5)
Where one or more electronic data messages or electronic documents are
used to effect any action in subparagraphs (f) and (g) of Section 25 of
the Act, 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.chanrobles virtual law library
(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 document instead of a paper document.chanrobles virtual law library
PART IV
ELECTRONIC
TRANSACTIONS IN GOVERNMENT
Chapter
I
Government
Use of Data Messages, Electronic Documents and Electronic Signatures
Section
37. Government Use of Electronic Data Messages, Electronic
Documents
and Electronic Signatures. - Notwithstanding any law to the
contrary,
within two (2) years from the date of the effectivity of the Act, all
departments,
bureaus, offices and agencies of the government, as well as all
government-owned
and-controlled corporations, that pursuant to law require or accept the
filing of documents, require that documents be created, or retained
and/or
submitted, issue permits, licenses or certificates of registration or
approval,
or provide for the method and manner of payment or settlement of fees
and
other obligations to the government, shall:
(a) accept
the creation, filing or retention of such documents in the form of
electronic
data messages or electronic documents;
(b) issue
permits,
licenses, or approval in the form of electronic data messages or
electronic
documents;
(c)
require and/or accept payments, and issue receipts acknowledging such
payments,
through systems using electronic data messages or electronic documents;
or
(d)
transact the government business and/or perform governmental functions
using electronic data messages or electronic documents, and for the
purpose,
are authorized to adopt and promulgate, after appropriate public
hearing
and with due publication in newspapers of general circulation, the
appropriate
rules, regulations, or guidelines, to, among others, specify:
(1) the
manner
and format in which such electronic data messages or electronic
documents
shall be filed, created, retained or issued;
(2) where
and
when such electronic data messages or electronic documents have to be
signed,
the use of a electronic signature, the type of electronic signature
required;
(3) the
format
of an electronic data message or electronic document and the manner the
electronic signature shall be affixed to the electronic data message or
electronic document;
(4)
the control processes and procedures as appropriate to ensure adequate
integrity, security and confidentiality of electronic data messages or
electronic documents or records or payments;
(5)
other attributes required of electronic data messages or electronic
documents
or payments; and
(6)
the full or limited use of the documents and papers for compliance with
the government requirements;
Provided,
That the Act shall by itself mandate any department of the government,
organ of state or statutory corporation to accept or issue any document
in the form of electronic data messages or electronic documents upon
the
adoption, promulgation and publication of the appropriate rules,
regulations,
or guidelines. Nothing in the Act or the Rules authorizes any person to
require any branch, department, agency, bureau, or instrumentality of
government
to accept or process electronic data messages; conduct its business; or
perform its functions by electronic means, until the adoption,
promulgation
and publication of the afore-mentioned appropriate rules, regulations
or
guidelines. Such rules, regulations or guidelines as well as the
underlying
technologies utilized in the implementation of the Act and these Rules
shall conform the principles set forth in the immediately succeeding
section.chanrobles virtual law library
Section
38. Principles Governing Government Use of Electronic Data
Messages,
Electronic Documents and Electronic Signatures. - The following
principles
shall govern the implementation of Section 27 of the Act and shall be
mandatory
upon all departments, bureaus, offices and agencies of the government,
as well as all government-owned and-controlled corporations:
(a) Technology Neutrality. - All solutions
implemented shall
neither
favor a particular technology over another nor discriminate against or
in favor of particular vendors of technology.chanrobles virtual law library
(b) Interoperability. - All implementation of technological solutions
shall
ensure the interoperability of systems forming part of the government
network.chanrobles virtual law library
(c) Elimination of Red Tape. - Government
processes shall be
re-examined
and if appropriate, simplified or re-engineered to maximize the
functionality
of technology and to eliminate unnecessary delays in the delivery of
governmental
services.chanrobles virtual law library
(d) Security Measures. - Government shall
implement appropriate
security
measures to guard against unauthorized access, unlawful disclosure of
information,
and to ensure the integrity of stored information.chanrobles virtual law library
(e) Auditability. - All systems installed
shall provide for an
audit
trail.chanrobles virtual law library
Section
39. Government Information System Plan (GISP). - It is hereby
mandated
that the GISP shall be adjusted, modified and amended to conform to the
provisions and requirements of the Act, RPWEB and these Rules.chanrobles virtual law library
Chapter
II
RPWEB
Section
40. RPWEB To Promote the Use Of Electronic Documents and Electronic
Data Messages In Government and to the General Public. - Within
two
(2) years from the effectivity of the Act, there shall be installed an
electronic online network in accordance with Administrative Order 332
and
House of Representatives Resolution 890, otherwise known as RPWEB, to
implement
Part IV of the Act to facilitate the open, speedy and efficient
electronic
online transmission, conveyance and use of electronic data messages or
electronic documents amongst all government departments, agencies,
bureaus,
offices down to the division level and to the regional and provincial
offices
as practicable as possible, government-owned and -controlled
corporations,
local government units, other public instrumentalities, universities,
colleges
and other schools, and universal access to the general public.chanrobles virtual law library
The
RPWEB network shall serve as initial platform of the government
information
infrastructure to facilitate the electronic online transmission and
conveyance
of government services to evolve and improve by better technologies or
kinds of electronic online wide area networks utilizing, but not
limited
to, fiber optic, satellite, wireless and other broadband
telecommunication
mediums or modes.chanrobles virtual law library
Section
41. Implementing Agencies. - To facilitate the rapid
development
of the government information infrastructure, the Department of
Transportation
and Communications, National Telecommunications Commission and the
National
Computer Center shall in coordination with each other, promulgate the
appropriate
issuances in accordance with their respective mandate to aggressively
formulate,
promote and implement a policy environment and regulatory or
non-regulatory
framework that shall lead to the substantial reduction of costs of
including,
but not limited to, leased lines, land, satellite and dial-up telephone
access, cheap broadband and wireless accessibility by government
departments,
agencies, bureaus, offices, government-owned and -controlled
corporations,
local government units, other public instrumentalities and the general
public, to include the establishment of a government website portal and
a domestic internet exchange system to facilitate strategic access to
government
and amongst agencies thereof and the general public and for the
speedier
flow of locally generated internet traffic within the Philippines.chanrobles virtual law library
Section
42. Cable Television and Broadcast as Telecommunications. - The
physical infrastructure of cable and wireless systems for cable TV and
broadcast excluding programming and content and the management thereof
shall be considered as within the activity of telecommunications for
the
purpose of electronic commerce and to maximize the convergence of ICT
in
the installation of the government information infrastructure.chanrobles virtual law library
Chapter
III
Delineation
of Functions
Section
43. Delineation of Functions and Coordination by the DTI. - In
the
implementation of the Act, the following government agencies shall have
the functions stated hereunder:
(i)
Supervise and coordinate the full implementation of Section 27 of the
Act.
For this purpose, all government agencies intending to comply with the
said provision of law shall coordinate with the DTI in order to ensure
adherence with the principles provided for in Section 38 of these
Rules.
Observance of all laws and regulations on public bidding, disbursements
and other restrictions, including COA policies, shall be mandatory.chanrobles virtual law library
(ii)
Install an online public information and quality and price monitoring
system
for goods and services aimed in protecting the interests of the
consuming
public availing of the advantages of the Act.chanrobles virtual law library
(iii)
Establish a voluntary listing system for all businesses or entities
involved
in electronic commerce including, but not limited to, value-added
service
(VAS) providers as this term is understood in Republic Act No. 7925,
banks,
financial institutions, manufacturing companies, retailers,
wholesalers,
and on-line exchanges. The list of electronic commerce entities
shall
be maintained by the DTI and made available electronically to all
interested
parties.chanrobles virtual law library
(iv)
Review, study and assess all legal, technical and commercial issues
arising
in the field of electronic commerce which may be directed to the DTI
and
if necessary, convene the appropriate government agencies in order to
discuss,
deliberate on and resolve the same and in the proper cases, promulgate
additional rules and regulations to implement the Act.chanrobles virtual law library
(b)
The Bangko Sentral ng Pilipinas shall exercise and perform such
functions
as mandated under the Act including the promulgation of the rules and
regulations
to implement the provisions of the Act with respect to banks,
quasi-banks,
trust entities, and other institutions which under special laws are
subject
to the Bangko Sentral ng Pilipinas supervision.chanrobles virtual law library
(c)
The Department of Budget and Management shall identify the fund source
for the implementation of Sections 37, 39 and 40 of the Rules,
consistent
with the provisions of the annual General Appropriations Act, and in
its
capacity in managing the budget execution and accountability processes
of government, shall be responsible for putting such core processes
on-line.chanrobles virtual law library
PART V
FINAL
PROVISIONS
Section
44. Extent of Liability of a Service Provider. - Except as
otherwise
provided in this Section, no person or party shall be subject to any
civil
or criminal liability in respect of the electronic data message or
electronic
document for which the person or party acting as a service provider as
defined in Section 6(n) of these Rules merely provides access if such
liability
is founded on:
(a) The
obligations and liabilities of the parties under the electronic data
message
or electronic document;
(b)
The making, publication, dissemination or distribution of such material
or any statement made in such material, including possible infringement
of any right subsisting in or in relation to such material: Provided,
That -
(i)
The service provider: (1) does not have actual knowledge, or (2) is not
aware of the facts or circumstances from which it is apparent, that the
making, publication, dissemination or distribution of such material is
unlawful or infringes any rights subsisting in or in relation to such
material,
or (3) having become aware, advises the affected parties within a
reasonable
time, to refer the matter to the appropriate authority or, at the
option
of the parties, to avail of alternative modes of dispute resolution;
(ii)
The service provider does not knowingly receive a financial benefit
directly
attributable to the unlawful or infringing activity; and
(iii)
The service provider does not directly commit any infringement or other
unlawful act and does not induce or cause another person or party to
commit
any infringement or other unlawful act and/or does not benefit
financially
from the infringing activity or unlawful act of another person or party;
Provided,
further, That nothing in this Section shall affect:
(a)
Any obligation founded on contract;
(b)
The obligation of a service provider as such under a licensing or other
regulatory regime established under written law;
(c)
Any obligation imposed under any written law; or
(d)
The civil liability of any party to the extent that such liability
forms
the basis for injunctive relief issued by a court under any law
requiring
that the service provider take or refrain from actions necessary to
remove,
block or deny access to any material, or to preserve evidence of a
violation
of law.chanrobles virtual law library
Lawful
Access
Section
45. Lawful Access to Electronic Documents, Electronic Data
Messages,
and Electronic Signatures. - Access to an electronic file,
or
an electronic signature of an electronic data message or electronic
document
shall only be authorized and enforced in favor of the individual or
entity
having a legal right to the possession or the use of the plaintext,
electronic
signature or file and solely for the authorized purposes.chanrobles virtual law library
Section
46. Lawful Access to Electronic Keys. - The electronic key for
identity
or integrity shall not be made available to any person or party without
the consent of the individual or entity in lawful possession of that
electronic
key. The testimonial disclosure of an electronic key in any
proceeding
shall be limited by the Constitutional right against self-incrimination.chanrobles virtual law library
Section
47. Obligation of Confidentiality. - Except for the
purposes
authorized under the Act, any person who obtained access to any
electronic
key, electronic data message, or electronic document, book, register,
correspondence,
information, or other material pursuant to any powers conferred under
the
Act, shall not convey to or share the same with any other person.chanrobles virtual law library
Penal
Provisions
Section
48. Hacking. - Hacking or cracking which refers to
unauthorized
access into or interference in a computer system/server or information
and communication system; or any access in order to corrupt, alter,
steal,
or destroy using a computer or other similar information and
communication
devices, without the knowledge and consent of the owner of the computer
or information and communications system, including the introduction of
computer viruses and the like, resulting in the corruption,
destruction,
alteration, theft or loss of electronic data messages or electronic
document
shall be punished by a minimum fine of one hundred thousand pesos
(P100,000.00)
and a maximum commensurate to the damage incurred and a mandatory
imprisonment
of six (6) months to three (3) years.chanrobles virtual law library
Section
49. Piracy. - Piracy or the unauthorized copying, reproduction,
dissemination, distribution, importation, use, removal, alteration,
substitution,
modification, storage, uploading, downloading, communication, making
available
to the public, or broadcasting of protected material, electronic
signature
or copyrighted works including legally protected sound recordings or
phonograms
or information material on protected works, through the use of
telecommunication
networks, such as, but not limited to, the internet, in a manner that
infringes
intellectual property rights shall be punished by a minimum fine of one
hundred thousand pesos (P100,000.00) and a maximum commensurate to the
damage incurred and a mandatory imprisonment of six (6) months to three
(3) years. The foregoing shall be without prejudice to the
rights,
liabilities and remedies under Republic
Act No. 8293 or Intellectual
Property Code of the Philippines and other applicable laws.chanrobles virtual law library
Section
50. Other Penal Offenses. - Violations of the Consumer
Act or Republic
Act No. 7394 and other relevant or pertinent laws through
transactions
covered by or using electronic data messages or electronic documents,
shall
be penalized with the same penalties as provided in those laws.chanrobles virtual law library
Section
51. Other Violations of the Act.- Other violations of the
provisions
of the Act, shall be penalized with a maximum penalty of one million
pesos
(P1,000,000.00) or six-(6) years imprisonment.chanrobles virtual law library
Miscellaneous
Provisions
Section
52. Statutory Interpretation. - Unless otherwise expressly
provided
for, the interpretation of these Rules and the Act shall give due
regard
to the Act’s international origin - the UNCITRAL Model Law on
Electronic
Commerce - and the need to promote uniformity in its application and
the
observance of good faith in international trade relations. The
generally
accepted principles of international law and convention on electronic
commerce
shall likewise be considered.chanrobles virtual law library
Section
53. Variation by Agreement. - Any provision of the Act may be
varied
by agreement between and among parties; Provided that such agreement
involves
only the generation, sending, receiving, storing or otherwise
processing
of an electronic data message or electronic document. Nothing
shall
authorize contracting parties to agree upon stipulations or covenants,
which defeat the legal recognition, validity and admissibility of
electronic
data messages, electronic documents, or electronic signatures.chanrobles virtual law library
Section
54. Reciprocity. - 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 of origin
grants
the same benefits and privileges or advantages to Filipino
citizens.
Inasmuch as the Act merely contemplates the legal recognition of
electronic
forms of documents and signatures and does not amend any law governing
the underlying substantive validity of acts or transactions, this
provision
shall be subject to existing Constitutional and statutory restrictions
relative to activities which are reserved to Philippine citizens or
juridical
entities partially or wholly-owned by Philippine citizens.chanrobles virtual law library
Section
55. Oversight Committee. - There shall be a Congressional
Oversight
Committee composed of the Committees on 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. The DTI, DBM, Bangko Sentral ng
Pilipinas,
and other government agencies as may be determined by the Congressional
Committee shall provide a quarterly performance report of their actions
taken in the implementation of this Act for the first three (3) years.chanrobles virtual law library
Section
56. DTI’s Continuing Authority to Implement the Act and Issue
Implementing
Rules. - Among others, the DTI is empowered to promulgate rules
and
regulations, as well as provide quality standards or issue
certifications,
as the case may be, and perform such other functions as may be
necessary
for the implementation of this Act in the area of electronic commerce.chanrobles virtual law library
Section
57. Separability. - If any provision in these Rules or
application
of such provision to any circumstance is held invalid, the remainder of
these Rules shall not be affected thereby.chanrobles virtual law library
Section
58. Effectivity. - These Rules shall take effect fifteen (15)
days
from the complete publication thereof in a newspaper of general
circulation.chanrobles virtual law library
Done
this ___ day of July, 2000.chanrobles virtual law library
MANUEL A. ROXAS
II
Secretary
Department
of Trade and
Industry
BENJAMIN E. DIOKNO
Secretary
Department Of Budget and Management
RAFAEL B. BUENAVENTURA
Governor
Bangko Sentral ng Pilipinas
ANNEX I
UNIFORM
CUSTOMS AND PRACTICE. 500 (UCP)
Art.
23. Marine/Ocean bill of Loading
23.1.
Late delivery, Misrouting, Mishandling,Loss and Damage
23.2
Customs Duties and Taxes
23.3
Port Charges i.e. Arrastre Wharfage
23.4
Inbound Shipment-Cargo Handler/Operator
23.4.1
Warehouse Operator
Art.
24. Non-Negotiable Seaway Bill
24.1.
Claim- ibid
24.2.
Customs Duties and Taxes
24.3
Port Charges i.e., Arrastre Wharfage
24.4
Inbound Shipment-Cargo handler/operator
24.4.1
Warehouse Operator
Art.
25. Charter Party/Bill of Lading
25.1
Claim - ibid.
25.2
Customs Duties & Taxes
25.3
Port Charges i.e., Arrastre Wharfage
25.4
Inbound shipment-cargo handler/operator
25.4.1
Warehouse Operator
Art.
26 Multi-Modal Transport Docs.
26.1
late delivery, misrouting, mishandling, loss and damage
26.2
Customs, duties, and taxes
26.3
Port charges i.e. arrastre wharfage
26.4
Inbound shipment-cargo handler/operator
26.4.1.
Warehouse operator
Art.
27. Airport Transport Documents
27.1.
Claim-ibid
27.2
Customs duties & taxes
27.3
Airport charges
27.4
inbound shipment-cargo handler/operator
27.4.1.
Warehouse operator
Art.
28. Road, Rail, or Inland Waterway Transport Documents
28.1
Claim- ibid
28.2
Customs Duties & taxes
28.3
Terminal charges
28.4
Inbound shipment-cargo handler/operator
28.4.1.
Warehouse operator
Art
29. Courier and Post Receipts
29.1
Late delivery, misrouting, mishandling, loss & damage
29.2
Customs duties & taxes
29.3
Postal authority charges
29.4
Inbound shipment-cargo handler/operator
29.4.1.
Warehouse operator
Art.
30. Transport Documents issued by freight forwarders
30.1.
Claim - ibid
30.2
Customs duties & taxes
30.3
Port charges i.e. arrastre wharfage
30.4
Inbound shipment- cargo handler/operator
30.4.1.
warehouse operator
ANNEX II
a)
the sophistication of the equipment used by each of the parties;
b)
the nature of their trade activity;
c)
the frequency at which commercial transactions take place between the
parties;
d)
the kind and size of the transaction;
e)
the function of signature requirements in a given statutory and
regulatory
environment;
f)
the capability of communication systems;
g)
compliance with authentication procedures set forth by intermediaries;
h)
the range of authentication procedures made available by any
intermediary;
i)
compliance with trade customs and practice;
j)
the existence of insurance coverage mechanisms against unauthorized
messages;
k)
the importance and the value of the information contained in the data
message;
l)
the availability of alternative methods of identification and the cost
of implementation;
m)
the degree of acceptance or non-acceptance of the method of
identification
in the relevant industry or field both at the time the method was
agreed
upon and the time when the data message was communicated; and
n)
any other relevant factor.