ELECTRONIC COMMERCE ACT (RA NO.

8792) electronic signature and proved by showing that a prescribed procedure, not alterable by the parties interested
in the electronic document, existed under which —
SECTION 6(6). Legal Recognition of Electronic Data Message. — Information shall not be denied validity or
enforceability solely on the ground that it is in the form of an electronic data message purporting to give rise to a.) A method is used to identify the party sought to be bound and to indicate said party’s access to the
such legal effect, or that it is merely incorporated by reference in that electronic data message. electronic document necessary for his consent or approval through the electronic signature;

SECTION 7(7). Legal Recognition of Electronic Documents. — Electronic documents shall have the legal effect, b.) Said method is reliable and appropriate for the purpose for which the electronic document was generated or
validity or enforceability as any other document or legal writing, and — communicated, in the light of all circumstances, including any relevant agreement;

(a) Where the law requires a document to be in writing, that requirement is met by an electronic document if c.) It is necessary for the party sought to be bound, in order to proceed further with the transaction, to have
the said electronic document maintains its integrity and reliability and can be authenticated so as to be usable executed or provided the electronic signature; and
for subsequent reference, in that —
d.) The other party is authorized and enabled to verify the electronic signature and to make the decision to
(i) The electronic document has remained complete and unaltered, apart from the addition of any endorsement proceed with the transaction authenticated by the same.
and any authorized change, or any change which arises in the normal course of communication, storage and
display; and SECTION 9(9). Presumption Relating to Electronic Signatures. — In any proceedings involving an electronic
signature, it shall be presumed that,
(ii) The electronic document is reliable in the light of the purpose for which it was generated and in the light of
all relevant circumstances. a.) The electronic signature is the signature of the person to whom it correlates; and

(b) Paragraph (a) applies whether the requirement therein is in the form of an obligation or whether the law b.) The electronic signature was affixed by that person with the intention of signing or approving the electronic
simply provides consequences for the document not being presented or retained in its original form. document unless the person relying on the electronically signed 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
(c) Where the law requires that a document be presented or retained in its original form, that requirement is circumstances.
met by an electronic document if —
SECTION 10(10). Original Documents. — (1) Where the law requires information to be presented or retained in
i) There exist a reliable assurance as to the integrity of the document from the time when it was first generated its original form, that requirement is met by an electronic data message or electronic document if:
in its final form; and
(a) the integrity of the information from the time when it was first generated in its final form, as an electronic
ii) That document is capable of being displayed to the person to whom it is to be presented: Provided, That no data message or electronic document is shown by evidence aliunde or otherwise; and
provision of this Act shall apply to vary any and all requirements of existing laws on formalities required in the
execution of documents for their validity. (b) where it is required that information be presented, that the information is capable of being displayed to the
person to whom it is to be presented.
For evidentiary purposes, an electronic document shall be the functional equivalent of a written document
under existing laws. (2) Paragraph (1) applies whether the requirement therein is in the form of an obligation or whether the law
simply provides consequences for the information not being presented or retained in its original form.
This 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. (3) For the purposes of subparagraph (a) of paragraph (1):

SECTION 8(8). Legal Recognition of Electronic Signatures. — An electronic signature on the electronic (a) the criteria for assessing integrity shall be whether the information has remained complete and unaltered,
document shall be equivalent to the signature of a person on a written document if the signature is an apart from the addition of any endorsement and any change which arises in the normal course of
communication, storage and display; and
(b) the standard of reliability required shall be assessed in the light of the purpose for which the information (c) By showing that the electronic data message or electronic document was recorded or stored in the usual
was generated and in the light of all the relevant circumstances. 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.
SECTION 11(11). Authentication of Electronic Data Messages and Electronic Documents. — Until the Supreme
Court by appropriate rules shall have so provided, electronic documents, electronic data messages and SECTION 32(31). Obligation of Confidentiality. — Except for the purposes authorized under this Act, any person
electronic signatures, shall be authenticated by demonstrating, substantiating and validating a claimed identity who obtained access to any electronic key, electronic data message or electronic document, book, register,
of a user, device, or another entity in an information or communication system, among other ways, as follows: correspondence, information, or other material pursuant to any powers conferred under this Act, shall not
convey to or share the same with any other person.
(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 acknowledgment procedures,
or similar security devices.

The Supreme Court may adopt such other authentication procedures, including the use of electronic
notarization systems as necessary and advisable, as well as the certificate of authentication on printed or hard
copies of the electronic documents or electronic data messages by electronic notaries, service providers and
other duly recognized or appointed certification authorities.

The person seeking to introduce an electronic data message or electronic document 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.

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 —

(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 data message or electronic
document, and there are no other reasonable grounds to doubt the integrity of the information and
communication system;

(b) By showing that the electronic data message or electronic document was recorded or stored by a party to
the proceedings who is adverse in interest to the party using it; or