Volume 14 Number 3 (July to September 2003) - University of the ...

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National Administrative Register Volume 14/3
ment of electronic commerce in the Philippines with relevant government agencies, without
prejudice to the provisions of Republic Act 7653 (Charter of Bangko Sentral ng Pilipinas)
and Republic Act 8791 (General Banking Law of 2000);
Whereas, the issuance of clear, transparent, predictable and enforceable rules to
clarify and ensure the legal validity of enforceability of electronic signatures and contracts
will encourage and promote the development of electronic commerce in the Philippines,
enhance its competitiveness in the new economy, protect the consumer, and encourage
efficiency and transparency in commercial transactions;
Whereas, technological developments in electronic authentication and modes of generating
electronic signatures are rapid, ongoing and market-led;
Whereas, rules and guidelines on electronic signatures and contracts that are technology-neutral
will help ensure continued private sector initiative and innovation, and encourage
consumer trust in these new technologies;
And finally, recognizing that where appropriate, market-driven, rather than government-imposed
standards, contractual arrangements and codes of practice are better tools
for validating electronic transactions and developing user confidence in global electronic
commerce;
Now, therefore, pursuant to the provisions of Sections 24 and 29 of Republic Act No.
8792, otherwise known as the Electronic Commerce Act of 2000 (hereinafter referred to as
the ìActî), the following Implementing Rules and Regulations on Electronic Authentication
and Electronic Signatures (hereinafter referred to as the ìRulesî) are hereby prescribed and
promulgated for the compliance of all concerned:
SECTION 1. General Rule of Validity - As a general rule, and subject to the provisions
of the Electronic Commerce Act of 2000 and these Rules:
a. A signature, contract or other record relating to such transaction may not be
denied legal effect, validity, or enforceability solely because it is in electronic
form; and
b. A contract relating to such transaction may not be denied legal effect, validity,
or enforceability solely because an electronic signature or electronic document
was used in its formation.
SECTION 2. Scope of Application - These Rules apply where electronic signatures
and/or electronic documents are used in the context of any commercial and non-commercial
transaction, activity or dealings, whether public or private, occurring between and among
parties. These include, and are not limited to, the following transactions: the sale, supply,
procurement or exchange of goods or services, including the manufacture, processing,
purchase, sale, supply, procurement or exchange of goods or services, including 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, patterns, participations, shares of stock, software, books,
works of art and other intellectual property; distribution agreement; commercial representation
or agency; the filing and payment of taxes; factoring; leasing; construction of works;