PHILIPPINES E-COMMERCE LAW

When President Estrada signed the e-commerce law, the Philippines became only the third country in

Southeast Asia with legislation to promote and protect electronic transactions. This culminates a very long

and tedious process that was started way back July 1st 1998, when Senator Juan M. Flavier filed the first of

many bills that would eventually lead to the Philippine Electronic Commerce Act (R.A. 8792, an act

providing for the recognition and use of electronic commercial and non- commercial transactions, penalties

for the unlawful use thereof, and for other purposes).

The E-Commerce law addresses the significant legal challenges facing Filipinos who wish to participate

in this wealth-creating global phenomenon. First, it gives validity and legal recognition to electronic

documents, electronic signatures and electronic transactions. Second, it facilitates the admission of

electronic documents and electronic signature as evidence in cases of disputes. Third, it outlaws and

penalizes unauthorized access to information and interference in communications systems (i.e., hacking,

introduction of viruses and the like). Finally, it calls upon government to formulate and institute programs

that are not only supportive of e-commerce but would actually get the government online.

Many questions will be raised especially in the first months of the law’s implementation. This is an

initial attempt to provide some answers to questions regarding to how the law was intended to mean. This

will discuss many, not all, provisions of the law that we feel is the most important for the private as well as

public sectors.

In this law, the Philippine government explicitly recognizes the vital role of information and

communications technology (ICT) in nation-building. The need to create an information-friendly

environment that would ensure the availability, diversity and affordability of ICT products and services is also

recognized as an important component of government policy. It also recognizes the need for policies and

programs to develop human resources for the information age. The law also recognizes the need to marshal,

organize and deploy a national information infrastructure. In achieving these goals, the primary

responsibility of the private sector in contributing investments and services in ICT is acknowledged.

This e-commerce law is intended to facilitate the use of