EIGHTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHIUPPINES ) 
Second Regular Session 
)
SENATE 
S. B. No. 1758
R
FILED
2020
DATE
NOBX
Introduced by SENATOR IMEE R. MARCOS
AN ACT
AMENDING REPUBLIC ACT NO. 8792 OR OTHERWISE KNOWN AS THE 
"ELECTRONIC COMMERCE ACT OF 2000," AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Section 10, Article XIV 16 of the 1987 Constitution provides that, '‘'Science and 
technology are essential for national development and progress." Further, Article II, 
Section 4 of the 1987 Constitution states that, "The prime duty of the Government is to 
serve and protect the people." Moreover, the same Article promotes economic growth 
and efficient public service to improve the quality of life for all.
In line with the above. Republic Act 8792 or The Electronic Commerce Act of 2000 
(the "Act") aims to facilitate domestic and international transactions through the 
utilization of electronic mediums and technology to recognize the authenticity and 
reliability of electronic documents. Under the Act, electronic documents and electronic 
signatures are considered the legal equivalent to paper-based document counterparts. 
Nevertheless, despite the legal recognition of electronic documents and signatures under 
the Act, Philippine laws and numerous government services, require that documents be 
executed in a public document, i.e., that an ink-signed document be executed in the 
presence of a notary.
To implement the Act, on July 17, 2001, the Supreme Court promulgated its Rules 
on Electronic Evidence which provides that a document electronically notarized in 
accordance with the rules promulgated by the Supreme Court shall be considered as a 
public document. To date however, the Supreme Court has yet to promulgate any rules 
for the electronic notarization of documents.
To further exacerbate matters, the COVID-19 pandemic has necessitated that 
most domestic and international business transactions be conducted remotely, to prevent 
the continued spread of the virus. Consequently the COVID-19 pandemic threatens not


only the health of our countrymen, but also the country's economy and the government's 
ability to provide basic pubiic services such as notarization. In response to the pandemic, 
some countries, such as the United States of America have already enacted remote 
online notarization (RON) laws to enable the notarization of documents via video 
conferencing.
Thus, in order to address the long standing lacuna in the law, this biil seeks to 
amend Sec. 8 of R.A. No. 8792 to specificaliy recognize the validity of electronic 
notarization, of eiectronic signatures for this purpose, as well as remote notarization, 
through the use of electronic means, in accordance with the rules and regulations, as 
may be determined by the Supreme Court.
In view of the foregoing, the passage of this bill is earnestly sought.
IMEE R. MARCOS


EIGHTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
)
SENATE 
S. B. No. 1758
FILED
Introduced by SENATOR IMEE R. MARCOS
AN ACT
AMENDING REPUBLIC ACT NO. 8792 OR OTHERWISE KNOWN AS THE 
"ELECTRONIC COMMERCE ACT OF 2000," AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
1 
SECTION 1. Section 8 of Republic Act No. 8792 otherwise known as the
2 
"Electronic Commerce Act of2000," is hereby amended to read, as follows:
3 
"Sec. 8. Legal Recognition of Electronic Signatures - An electronic
4 
signature on the electronic document shall be equivalent to the signature
5 
of a person on a written document if that signature is proved by showing
6 
that a prescribed procedure, not alterable by the parties interested in the
7 
electronic document, existed under which -
8 
a) A method is used to identify the party sought to be bound and
9 
to indicate said party's access to the electronic document necessary for his
10 
consent or approval through the electronic signature;
11 
b) Said method is reliable and appropriate for the purpose for which
12 
the electronic document was generated or communicated, in the light of
13 
all the circumstances, including any relevant agreement;
14 
c) It is necessary for the party sought to be bound, in order to
15 
proceed further with the transaction, to have executed or provided the
16 
electronic signature; and
17 
d) The other party is authorized and enabled to verify the electronic
18 
signature and to make the decision to proceed with the transaction
19 
authenticated by the same.
20 
PROVIDED THAT, AN ELECTRONIC SIGNATURE SHALL BE
21 
EQUIVALENT TO THE SIGNATURE OF A PERSON ON A WRITTEN
22 
DOCUMENT FOR PURPOSES OF ANY NOTARIAL ACT, PROVIDED


1 
FUTHER THA 7^ THE EXISTENCE OF THE PRESCRIBED PROCEDURE
2 
IN THIS SECTION SHALL ADHERE TO THE RULES AND
3 
REGULATIONS WHICH SHALL BE DETERMINED BY THE SUPREME
4 
COURT IN SIXTY (60) DAYS FROM THE EFFECTIVITY OF THIS
5 
ACT."
6 
Sec. 2. A new Section 9 shall be inserted in Republic Act No. 8792 otherwise
7 
known as the "Electronic Commerce Act of2000," to read as follows:
8 
"Sec 9. Electronic Notarization - Notarial acts may be conducted
9 
electronically via an electronic Official seal. Provided that, it shall adhere
10 
to the rules and regulations, as may be determined by the Supreme Court."
11 
Sec. 2. A new Section 10 shall be inserted in Republic Act No. 8792 otherwise
12 
known as the "Electronic Commerce Act of2000," to read as follows:
13 
"Sec. 10. Remote Notarization - Notarial acts where the signing
14 
parties and witnesses, are not physically present in front of the notary
15 
public, may be conducted via videoconferencing facilities. Provided that,
16 
it shall adhere to the rules and regulations, as may be determined by the
17 
Supreme Court."
18 
Sec. 3. The subsequent sections of Republic Act No. 8792 otherwise known as
19 
the "Electronic Commerce Act of2000' are hereby renumbered accordingly.
20 
Sec. 4. Repealing Clause. - All laws, decrees, orders, rules and regulations or
21 
other issuances or parts thereof inconsistent with the provisions of this Act are hereby
22 
repealed or modified accordingly.
23 
Sec. 5. Separability Clause. - If any portion or provision of this Act is declared
24 
unconstitutional, the remainder of this Act or any provision not affected thereby shall
25 
remain in force and effect.
26 
Sec. 6. Effectivity. - This Act shall take effect after fifteen (15) days following the
27 
completion of its publication either in the Official Gazette or in a newspaper of general
28 
circulation in the Philippines.
Approved