Article 22Supplement v1, p. 22

COMMERCIAL LAWS SUPPLEMENT

1. Import and wholesale activities not integrated with

production or manufacture of goods;

2. Services requiring a license or specific authorization,

and

subject

to

continuing

regulations

by

national

government agencies other than BOI and SEC which at

the

time

of

effectivity

of this Act are restricted to

Philippine

nationals

by

existing

administrative

regulations

and

practice

of

the

regulatory agencies

concerned: Provided , That after effectivity of this Act, no

other services shall be additionally subjected to such

restrictions

on

nationality

of

ownership

by

the

corresponding regulatory agencies, and such restrictions

once removed shall not be reimposed; and

3. Enterprises owned in the majority by a foreign licensor

and/or

its

affiliates

for

the

assembly,

processing

or

manufacture of goods for the domestic market which are

being produced by a Philippine national as of the date of

effectivity of this Act under a technology, know-how

and/or brand name license from such licensor during the

term of the license agreement: Provided , That, the license

is duly registered with the Central Bank and/or the

Technology Transfer Board and is operatively in force as of

the date of effectivity of this Act.

NEDA shall make the enumeration as appropriate of the

areas of the investment covered in this Transitory Foreign

Investment Negative List and publish the Negative List in

full at the same time as, or prior to, the publication of the

rules and regulations to implement this Act.

The areas of investment contained in List C above shall be

reserved to Philippine nationals only during the transitory

period. The inclusion of any of them in the regular

Negative List will require determination by NEDA after

due public hearings that such inclusion is warranted

under the criteria set forth in Section 8 and 9 hereof.

SECTION 16. Repealing Clause . — Articles forty-four (44)

to fifty-six (56) of Book II of Executive Order No. 226 are

hereby repealed.

All other laws or parts of laws inconsistent with the

provisions of this Act are hereby repealed or modified

accordingly.

SECTION 17. Separability . — If any part or section of this

Act

is

declared

unconstitutional

for

any

reason

whatsoever, such declaration shall not in any way affect

the other parts or sections of this Act. t

SECTION 18. Effectivity . — This Act shall take effect fifteen

(15)

days

after

approval

and

publication

in

two

(2)

newspapers of general circulation in the Philippines.

Approved: June 13, 1991

(Foreign Investments Act of 1991, Republic Act No. 7042,

[June 13, 1991])

RA No 8792 | Electronic Commerce Act

June 14, 2000

REPUBLIC ACT NO. 8792

AN ACT PROVIDING FOR THE RECOGNITION AND USE

OF

ELECTRONIC

COMMERCIAL

AND

NON-COMMERCIAL TRANSACTIONS, PENALTIES FOR

UNLAWFUL USE THEREOF, AND OTHER PURPOSES

PART I Short Title and Declaration of Policy

SECTION 1. Short Title . — This Act shall be known and

cited as the "Electronic Commerce Act."

SECTION 2. Declaration of Policy . — The State recognizes

the

vital

role

of

information

and

communications

technology (ICT) in nation-building; the need to create an

information-friendly environment which supports and

ensures the availability, diversity and affordability of ICT

products and services; the primary responsibility of the

private sector in contributing investments and services in

ICT;

the

need

to

develop, with appropriate training

programs

and

institutional

policy

changes,

human

resources for the information age, a labor force skilled in

the use of ICT and a population capable of operating and

utilizing

electronic

appliances

and

computers;

its

obligation to facilitate the transfer and promotion of

technology; to ensure network security, connectivity and

neutrality of technology for the national benefit; and the

need

to

marshal,

organize

and

deploy

national

information

infrastructures,

comprising

in

both

communications

network

and

strategic

information

services, including their interconnection to the global

information

networks,

with

the

necessary

and

appropriate

legal,

financial, diplomatic and technical

framework, systems and facilities.

PART II Electronic Commerce in General

CHAPTER I General Provisions

SECTION

3.

Objective . — This Act aims to facilitate

domestic

and

international

dealings,

transactions,

arrangements,

agreements,

contracts and exchanges

and storage of information through the utilization of

electronic,

optical

and

similar

medium,

mode,

instrumentality

and

technology

to

recognize

the

authenticity and reliability of electronic data messages or

electronic documents related to such activities and to

promote the universal use of electronic transactions in

the government and by the general public.

SECTION 4. Sphere of Application . — This Act shall apply

to any kind of electronic data message and electronic

document

used

in

the

context

of

commercial

and

non-commercial

activities

to

include

domestic

and

international

dealings,

transactions,

arrangements,

agreements, contracts and exchanges and storage of

information.

SECTION 5. Definition of Terms . — For the purposes of this

Act, the following terms are defined, as follows:

(a) "Addressee" refers to a person who is intended by the

originator to receive the electronic data message or

electronic document, but does not include a person

acting as an intermediary with respect to that electronic

data message or electronic document.

(b) "Computer" refers to any device or apparatus singly or

interconnected which, by electronic, electro-mechanical,

optical and/or magnetic impulse, or other means with the

same

function,

can

receive,

record,

transmit,

store,

process,

correlate,

analyze,

project,

retrieve

and/or

produce information, data, text, graphics, figures, voice,

video, symbols or other modes of expression or perform

any one or more of these functions.

(c)

"Electronic

data

message"

refers

to

information

generated, sent, received or stored by electronic, optical

or similar means.

(d) "Information and Communication System" refers to a

system for generating, sending, receiving, storing or

otherwise

processing

electronic

data

messages

or

electronic documents and includes the computer system

or other similar device by or in which data is recorded or

stored and any procedures related to the recording or

storage

of

electronic

data

message

or

electronic

document.

(e) "Electronic signature" refers to any distinctive mark,

characteristic

and/or

sound

in

electronic

form,

representing the identity of a person and attached to or

logically associated with the electronic data message or

electronic document or any methodology or procedures

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.

(f) "Electronic document" refers to information or the

representation of information, data, figures, symbols or

other modes of written expression, described or however

represented,

by

which

a

right

is

established or an

© Compiled by RGL

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