E Commerce Laws
THE ELECTRONIC COMMERCE ACT (R.A. 8792)
AN OVERVIEW IMPACT ON
OF
IT’S (INFORMATION TECHNOLOGY) THE PHILIPPINE LEGAL SYSTEM
JOAN M. PADILLA*
I.
INTRODUCTION
In this age of computers and IT (information technology), the medium of the internet and other electronic means of interchange are used worldwide for various undertakings – both commercial and noncommercial. This rapid development of information and communication technologies and the growing number of transactions accomplished through electronic means necessitated the passage of a law that would facilitate and regulate these electronic transactions – the Electronic Commerce Act. Republic Act No. 8792 is the merged version of House Bill No. 9971 and Senate Bill No. 1902. It was signed into law on June 14, 2000. “A month later or on July 14, 2000, the Implementing Rules and Regulations (IRR) was digitally signed by Secretaries Manuel A. Roxas II (DTI) and Benjamin E. Diokno (DBM) and Governor Rafael B. Buenaventura (BSP) during the plenary session of the Global Information Infrastructure Commission’s (“GIIC”) Asia Regional Conference held in Makati City, Manila.” 1
* ’06 Ll.B., cand., University of Santo Tomas Faculty of Civil Law; Business Manager, UST Law Review
1 ATTY. JESUS M. DISINI, JR., THE ELECTRONIC COMMERCE ACT AND ITS IMPLEMENTING
R U L E S AND R EGULAT I O N S , http://www.disini.ph/downloads/EcomIRR%20 Annotation.pdf (last accessed Jan 06, 2006).
191
192
JOAN M. PADILLA
Thereafter, acting on the Memorandum dated 18 June 2001 of the Committee on the Revision of the Rules of Court to Draft the Rules on ECommerce Law, the Supreme Court issued A.M. No. 01-7-01-SC (Rules on Electronic Evidence) which took effect on August 1, 2001.2 This Act is basically patterned from United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce to maintain uniformity and harmony with the other memberstates of the United Nations. Being global by nature,
AN OVERVIEW IMPACT ON
OF
IT’S (INFORMATION TECHNOLOGY) THE PHILIPPINE LEGAL SYSTEM
JOAN M. PADILLA*
I.
INTRODUCTION
In this age of computers and IT (information technology), the medium of the internet and other electronic means of interchange are used worldwide for various undertakings – both commercial and noncommercial. This rapid development of information and communication technologies and the growing number of transactions accomplished through electronic means necessitated the passage of a law that would facilitate and regulate these electronic transactions – the Electronic Commerce Act. Republic Act No. 8792 is the merged version of House Bill No. 9971 and Senate Bill No. 1902. It was signed into law on June 14, 2000. “A month later or on July 14, 2000, the Implementing Rules and Regulations (IRR) was digitally signed by Secretaries Manuel A. Roxas II (DTI) and Benjamin E. Diokno (DBM) and Governor Rafael B. Buenaventura (BSP) during the plenary session of the Global Information Infrastructure Commission’s (“GIIC”) Asia Regional Conference held in Makati City, Manila.” 1
* ’06 Ll.B., cand., University of Santo Tomas Faculty of Civil Law; Business Manager, UST Law Review
1 ATTY. JESUS M. DISINI, JR., THE ELECTRONIC COMMERCE ACT AND ITS IMPLEMENTING
R U L E S AND R EGULAT I O N S , http://www.disini.ph/downloads/EcomIRR%20 Annotation.pdf (last accessed Jan 06, 2006).
191
192
JOAN M. PADILLA
Thereafter, acting on the Memorandum dated 18 June 2001 of the Committee on the Revision of the Rules of Court to Draft the Rules on ECommerce Law, the Supreme Court issued A.M. No. 01-7-01-SC (Rules on Electronic Evidence) which took effect on August 1, 2001.2 This Act is basically patterned from United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce to maintain uniformity and harmony with the other memberstates of the United Nations. Being global by nature,