Article 28Supplement v1, p. 28

COMMERCIAL LAWS SUPPLEMENT

obtained access to any electronic key, electronic data

message

or

electronic

document,

book,

register,

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.

SECTION 33. Penalties . — The following Acts shall be

penalized by fine and/or imprisonment, as follows:

a) Hacking or cracking which refers to unauthorized

access into or interference in a computer system/server or

information and communication system; or any access in

order to corrupt, alter, steal, or destroy using a computer

or other similar information and communication devices,

without the knowledge and consent of the owner of the

computer or information and communication system,

including the introduction of computer viruses and the

like, resulting in the corruption, destruction, alteration,

theft or loss of electronic data messages or electronic

documents shall be punished by a minimum fine of One

hundred thousand pesos (P100,000.00) and a maximum

commensurate to the damage incurred and a mandatory

imprisonment of six (6) months to three (3) years;

b) Piracy or the unauthorized copying, reproduction,

dissemination,

distribution, importation, use, removal,

alteration, substitution, modification, storage, uploading,

downloading, communication, making available to the

public, or broadcasting of protected material, electronic

signature

or

copyrighted

works

including

legally

protected

sound

recordings

or

phonograms

or

information material on protected works, through the use

of telecommunication networks, such as, but not limited

to, the internet, in a manner that infringes intellectual

property rights shall be punished by a minimum fine of

One

hundred

thousand

pesos

(P100,000.00)

and

a

maximum commensurate to the damage incurred and a

mandatory imprisonment of six (6) months to three (3)

years;

c) Violations of the Consumer Act or Republic Act No.

7394

and

other

relevant

or

pertinent laws through

transactions

covered

by

or

using

electronic

data

messages or electronic documents, shall be penalized

with the same penalties as provided in those laws;

d) Other violations of the provisions of this Act, shall be

penalized with a maximum penalty of One million pesos

(P1,000,000.00) or six (6) years imprisonment.

SECTION 34. Implementing Rules and Regulations . —

The DTI, Department of Budget and Management and

the Bangko Sentral ng Pilipinas are hereby empowered to

enforce the provisions of this Act and issue implementing

rules and regulations necessary, in coordination with the

Department

of

Transportation

and

Communications,

National

Telecommunications

Commission,

National

Computer

Center,

National

Information

Technology

Council, Commission on Audit, other concerned agencies

and the private sector, to implement this Act within sixty

(60) days after its approval.

Failure to issue rules and regulations shall not in any

manner affect the executory nature of the provisions of

this Act.

SECTION 35. Oversight Committee . — There shall be a

Congressional Oversight Committee composed of the

Committees on Trade and Industry/Commerce, Science

and Technology, Finance and Appropriations of both the

Senate and House of Representatives, which shall meet at

least every quarter of the first two years and every

semester for the third year after the approval of this Act to

oversee

its

implementation.

The

DTI,

DBM,

Bangko

Sentral ng Pilipinas, and other government agencies as

may be determined by the Congressional Committee

shall provide a quarterly performance report of their

actions taken in the implementation of this Act for the

first three (3) years.

SECTION 36. Appropriations . — The amount necessary to

carry out the provisions of Sections 27 and 28 of this Act

shall be charged against any available funds and/or

savings under the General Appropriations Act of 2000 in

the first year of effectivity of this Act. Thereafter, the funds

needed

for

the

continued

implementation

shall

be

included in the annual General Appropriations Act.

SECTION 37. Statutory Interpretation . — Unless otherwise

expressly provided for, the interpretation of this Act shall

give due regard to its international origin and the need to

promote uniformity in its application and the observance

of

good

faith

in

international

trade

relations.

The

generally accepted principles of international law and

convention on electronic commerce shall likewise be

considered.

SECTION 38. Variation by Agreement . — As between

parties involved in generating, sending, receiving, storing

or

otherwise

processing electronic data message or

electronic document, any provision of this Act may be

varied by agreement between and among them.

SECTION

39.

Reciprocity .

—

All

benefits,

privileges,

advantages or statutory rules established under this Act,

including those involving practice of profession, shall be

enjoyed only by parties whose country of origin grants

the same benefits and privileges or advantages to Filipino

citizens.

SECTION 40. Separability Clause . — The provisions of this

Act are hereby declared separable and in the event of any

such provision is declared unconstitutional, the other

provisions to remain in force and effect.

SECTION 41. Repealing Clause . — All other laws, decrees,

rules

and

regulations

or

parts

thereof

which

are

inconsistent with the provisions of this Act are hereby

repealed, amended or modified accordingly.

SECTION 42. Effectivity . — This Act shall take effect

immediately after its publication in the Official Gazette or

in at least two (2) newspapers of general circulation.

Approved: June 14, 2000

Published in Malaya and Philippine Post on June 19 ,

2000. Published in the Official Gazette, Vol. 96 No. 48,

page 7675 on November 27, 2000.

(Electronic Commerce Act, Republic Act No. 8792, [June

14, 2000])

A.M. No. 01-7-01-SC | Rules on Electronic

Evidence

July 17, 2001

A.M. No. 01-7-01-SC

RULES ON ELECTRONIC EVIDENCE

RULE 1 Coverage

SECTION 1. Scope . — Unless otherwise provided herein,

these Rules shall apply whenever an electronic document

or electronic data message, as defined in Rule 2 hereof,. is

offered or used in evidence.

SECTION 2. Cases covered . — These Rules shall apply to all

civil actions and proceedings, as well as quasi-judicial and

administrative cases.

SECTION 3. Application of other rules on evidence . — In all

matters not specifically covered by these Rules, the Rules

of Court and pertinent provisions of statutes containing

rules on evidence shall apply.

RULE 2 Definition of Terms and Construction

SECTION 1. Definition of Terms . — For purposes of these

Rules, the following terms are defined, as follows:

(a) "Asymmetric or public cryptosystem" means a system

capable of generating a secure key pair, consisting of a

private key for creating a digital signature, and a public

key for verifying the digital signature.

(b) "Business records " include records of any business,

institution,

association,

profession,

occupation,

and

© Compiled by RGL

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