PHILLIPINES E-COMMERCIAL 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.