Article 26Supplement v1, p. 26

COMMERCIAL LAWS SUPPLEMENT

These rules apply notwithstanding that the place where

the information system is located may be different from

the

place

where

the

electronic

data

message

or

electronic document is deemed to be received.

SECTION 23. Place of Dispatch and Receipt of Electronic

Data

Message

or

Electronic

Documents .

—

Unless

otherwise

agreed

between

the

originator

and

the

addressee, an electronic data message or electronic

document is deemed to be dispatched at the place

where

the

originator has its place of business and

received at the place where the addressee has its place of

business. This rule shall apply even if the originator or

addressee had used a laptop other portable device to

transmit

or

receive

his

electronic

data

message or

electronic

document.

This

rule

shall

also

apply

to

determine the tax situs of such transaction.

For the purpose hereof —

a. If the originator or the addressee has more than one

place of business, the place of business is that which has

the closest relationship to the underlying transaction or,

where there is no underlying transaction, the principal

place of business.

b. If the originator or the addressee does not have a place

of business, reference is to be made to its habitual

residence; or

c. The "usual place of residence" in relation to a body

corporate, means the place where it is incorporated or

otherwise legally constituted.

SECTION 24. Choice of Security Methods . — Subject to

applicable laws and/or rules and guidelines promulgated

by the Department of Trade and Industry with other

appropriate

government

agencies,

parties

to

any

electronic transaction shall be free to determine the type

and

level

of

electronic

data

message

or

electronic

document security needed, and to select and use or

implement appropriate technological methods that suit

their needs.

PART III Electronic Commerce in Carriage of

Goods

SECTION 25. Actions Related to Contracts of Carriage of

Goods . — Without derogating from the provisions of Part

Two of this Act, this Chapter applies to any action in

connection with, or in pursuance of, a contract of carriage

of goods, including but not limited to:

(a) (i) furnishing the marks, number, quantity or weight of

goods;

(ii) stating or declaring the nature or value of goods;

(iii) issuing a receipt for goods;

(iv) confirming that goods have been loaded;

(b) (i) notifying a person of terms and conditions of the

contract;

(ii) giving instructions to a carrier;

(c) (i) claiming delivery of goods;

(ii) authorizing release of goods;

(iii) giving notice of loss of, or damage to goods;

(d) giving any other notice or statement in connection

with the performance of the contract;

(e) undertaking to deliver goods to a named person or a

person authorized to claim delivery;

(f)

granting,

acquiring,

renouncing,

surrendering,

transferring or negotiating rights in goods;

(g) acquiring or transferring rights and obligations under

the contract.

SECTION 26. Transport Documents . — (1) Subject to

paragraph (3), where the law requires that any action

referred to in Section 25 be carried out in writing or by

using a paper document, that requirement is met if the

action is carried out by using one or more electronic data

messages or electronic documents.

(2) Paragraph (1) applies whether the requirement therein

is in the form of an obligation or whether the law simply

provides consequences for failing either to carry out the

action in writing or to use a paper document.

(3) If a right is to be granted to, or an obligation is to be

acquired by, one person and no other person, and if the

law requires that, in order to effect this, the right or

obligation must be conveyed to that person by the

transfer, or use of, a paper document, that requirement is

met if the right or obligation is conveyed by using one or

more electronic data messages or electronic documents:

Provided , That a reliable method is used to render such

electronic

data

messages

or

electronic

documents

unique.

(4) For the purposes of paragraph (3), the standard of

reliability required shall be assessed in the light of the

purpose for which the right or obligation was conveyed

and in the light of all the circumstances, including any

relevant agreement.

(5) Where one or more electronic data messages or

electronic documents are used to effect any action in

subparagraphs

(f)

and

(g)

of

Section

25,

no paper

document used to effect any such action is valid unless

the

use

of

electronic

data

message

or

electronic

document has been terminated and replaced by the use

of paper documents. A paper document issued in these

circumstances

shall

contain

a

statement

of

such

termination.

The

replacement

of

electronic

data

messages or electronic documents by paper documents

shall not affect the rights or obligations of the parties

involved.

(6) If a rule of law is compulsorily applicable to a contract

of carriage of goods which is in, or is evidenced by, a

paper document, that rule shall not be inapplicable to

such a contract of carriage of goods which is evidenced

by one or more electronic data messages or electronic

documents by reason of the fact that the contract is

evidenced by such electronic data message or electronic

documents instead of by a paper document.

PART IV Electronic Transactions in Government

SECTION

27.

Government

Use

of

Electronic

Data

Messages ,

Electronic

Documents

and

Electronic

Signatures . — Notwithstanding any law to the contrary,

within two (2) years from the date of the effectivity of this

Act, all departments, bureaus, offices and agencies of the

government,

as

well

as

all

government-owned

and

-controlled corporations, that pursuant to law require or

accept the filing of documents, require that documents

be created, or retained and/or submitted, issue permits,

licenses or certificates of registration or approval, or

provide for the method and manner of payment or

settlement

of

fees

and

other

obligations

to

the

government, shall —

(a)

accept

the

creation,

filing

or

retention

of such

documents in the form or electronic data messages or

electronic documents;

(b) issue permits, licenses, or approval in the form of

electronic data messages or electronic documents;

(c) require and/or accept payments, and issue receipts

acknowledging such payments, through systems using

electronic data messages or electronic documents; or

(d) transact the government business and/or perform

governmental functions using electronic data messages

or

electronic

documents,

and

for

the

purpose,

are

authorized to adopt and promulgate, after appropriate

public hearing and with due publication in newspapers of

general circulation, the appropriate rules, regulations, or

guidelines, to among others, specify —

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