NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
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)
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SEN
S>enat£
tBfficp of ti)i’ ^t ctTtar^
72 JUL 18 PI ^3
S. No. VoE4
RECEIVED BY:
Introduced by Senator Grace Poe
AN ACT
PROMOTING THE ADOPTION OF DIGITAL PAYMENTS FOR FINANCIAL 
TRANSACTIONS OF THE GOVERNMENT AND ALL MERCHANTS AND FOR 
OTHER PURPOSES
EXPLANATORY NOTE
Digital payment usage in the Philippines is expected to grow significantly post- 
pandemic with a considerable portion of the population seeing the convenience of 
using cashless transactions. The Bangko Sentral ng Pilipinas (BSP) reported that 
electronic money (e-money) accounts rose by 16.8 million from end of 2019 to October 
2021,1 and the share of digital payments to the total retail payments volume in the 
country reached 30.3% in 2021 from 20.1% recorded in 2020.2 These indicate that 
the BSP is making progress on the targets it set in the Digital Payments Transformation 
Roadmap 2020-2023 to digitalize 50% of the total volume of retail transactions by 
2023, and to increase the number of Filipino adults with online transaction accounts 
to 70% in the same period.
On May 12, 2022, President Rodrigo Duterte signed Executive Order 170 
mandating the use of digital and mobile payment systems for government collections 
and disbursements. The challenge now is to institutionalize this policy reform through 
legislation with a more comprehensive scope.
1 de Vera, Ben 0. (2022, February 17). 41 Million Filipinos Now Have Banking, E-Money Access. 
Inquirer.net. Accessed from: https://business.inquirer.net/341084/41m-filipinos-now-have-banking-e- 
money-access
2 Philippine News Agency. (2022, July 06). Digital Payments Breach 30% in 2021. Accessed from: 
https ://www. pna .gov. ph/a rticles/1178401


This proposed legislation is a major complement to BSP's Digital Payment 
Roadmap, along with other developments In the digital financial sector such as the 
issuance of licenses to six (6) purely digital banks,3 as well as the recent passage of 
Republic Act No. 11765 or the Financial Consumer Protection Act, which requires 
financial service providers to adopt, among others, Information security standards in 
order to protect client information and to preserve the integrity of financial 
transactions. Initiatives to support the transition to digital payments and expansion of 
financial Inclusion have in fact been in place even before the pandemic, through 
PesoNet in 2017,4 InstaPay in 2018,5 and the QR PH P2P and eGov Pay in 2019,6 which 
allowed for efficient and interoperable digital payment platforms across the country.
The use of digital payments has a great potential to enable smooth cashless 
transactions with the government and allow the participation of the unbanked in the 
digital economy. In the coming years, the demand for a reliable digital payment 
mechanism is expected to increase along with the growth of e-commerce and a 
number of purely digital banks in the Philippines.
To facilitate the vision of expanding the use of digital payments and keeping 
transactions secure and safe from cybersecurity threats and attacks, this measure is 
proposed to engage private sector merchants and government stakeholders. 
Institutionalize a comprehensive coverage of the system, and establish mechanisms 
for information security needed to transition payment transactions efficiently, reliably, 
and securely Into digital forms.
3 DIokno, B. (2022, June 9). /fe//7C>te5/7eec,/7 [speech audio recording]. World Bank Philippines Facebook 
Page. https://www.facebook.com/WorldBankPhilippines/videos/724323792241584
4 Villanueva, J. (2017, November 8). BSP launches PESONet system. Philippine News Agency. 
https://www.pna.gov.ph/articles/1015282
5 Schabel, C. (2018, April 23). BSP launches InstaPay electronic fund transfer service. Rappler. 
https://www.rappler.eom/business/200878-bangko-sentral-pilipinas-instapay-electronlc-fund- 
transfer/#:~:text=Launched%20on%20Monday%2C%20April%2023,money%20issuers%20in%20th 
e%20Philippines.
6 Cabuenas, J.V. (2019, May 27). BSP: National QR code standard out in July. GMANews. 
https://www.gmanetwork.com/news/money/economy/695725/bsp-national-qr-code-standard-out-in- 
july/story/; Hall, I. (2019, November 28). Philippines centra! bank launches digital payments platform. 
Global Government Forum, https://www.globalgovernmentforum.com/philippines-central-bank- 
launches-digital-payments-platform/


In view of the foregoing, the passage of this bill is earnestly sought.
GRACE


NINETEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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SEN
S. No.
Senate
7(©fftfp of t!)i' ^crri'tnrp
72 JUL18 PI *43
RECEIVED BY:.
Introduced by Senator Grace Poe
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AN ACT
PROMOTING THE ADOPTION OF DIGITAL PAYMENTS FOR FINANCIAL 
TRANSACTIONS OF THE GOVERNMENT AND ALL MERCHANTS AND FOR 
OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Use of Digital Payments
Act."
Sec. 2. Declaration of Policy.-The State recognizes the vital role of information 
and communications technology particularly financial technology, towards financial 
inclusion advancement and nation-building. The State also recognizes the need of 
promoting ease of doing business and efficient delivery of goods and services to the 
general public. Towards this end, the State shall promote financial Inclusion through 
the use of safe, secure, and efficient digital payments. In various transactions of the 
government and the public—-particularly for payments to government, and 
government disbursements to the public, which includes but is not limited to payments 
to or by private institutions, merchants, and beneficiaries, the state shall optimize the 
use of financial technologies and innovative payment systems for financial transactions 
and to strengthen financial inclusion. In so doing, the State shall encourage and 
facilitate the adoption of digital payments in a technology-neutral manner, where one 
technology is not unreasonably favored or given undue advantage over another.
Sec. 3. Objective. - This Act aims to facilitate transactions, arrangements, or 
exchanges of goods and services by promoting the universal use of safe, affordable, 
and efficient digital payments in financial transactions of the government and the 
general public.


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mean:
Sec. 4. Definition of Terms, - As used in this Act, the foiiowing terms shall
a. 
"Access device" refers to any card, plate, code, account number, 
electronic serial number, personal identification number, mobile device, 
other information and communications technology service, equipment or 
Instrumental Identifier, or other means of account access that can be used 
to obtain money, goods, services, or any other thing of value, or to initiate 
a transfer of funds in electronic form;
b. 
"Account-baseddisbursement"refers to the disbursement of funds such 
as salaries, wages, allowances, and social benefits, among others, directly 
Into the transaction account of the intended recipient held in any Bangko 
Sentral ng Pilipinas (BSP)-supervised entity as chosen and specified by the 
intended recipient;
c. 
"Basic deposit account (BDA)" refers to the deposit product offered by 
banks as defined under the BSP Manual of Regulations for Banks and its 
implementing guidelines;
d. 
"Digitalcollection"refers to a mode of payment wherein businesses and 
citizens make payments to the government, including but not limited to 
taxes, fees, and tolls, using a digital device such as mobile phone, point of 
sale, or computer. Payments can be made with bank transfers, electronic 
money, and payment cards including credit, debit, prepaid, or stored-value 
cards, among others;
e. 
"Digital disbursement" refers to a mode of payment whereby 
disbursement of money or equivalent electronic representations of legal 
tender, for purposes of paying government expenditures, is made by 
crediting the target recipient's transaction account through advice to debit 
or electronic fund transfer facilitated by any government agency or 
instrumentality through their respective servicing bank;
f. xxDigital Payments" refers to monetary payment transactions between two 
parties through a digital payment instrument In which both the payer and 
the payee use an electronic channel;


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g. 
"Electronic fund transfer" refers to a transfer of funds between two 
transaction accounts in the same or different BSP-supervised financial 
institutions which are initiated and received using electronic devices and 
channels to transmit payment Instructions;
h. 
"Electronic money (e-money)' refers to electronically-stored monetary 
value which is issued In accordance with the BSP Manual of Regulations for 
Banks and the manual of regulations for non-bank financial Institutions;
i. "Financial inciusiori' refers to the state wherein there is effective access to 
a wide range of financial pi oducts and services for all Filipinos;
j. " Government Servicing Payment Service Provider (PSP)' refers to bank and 
non-bank PSPs authorized to accept government funds and perform 
payment services on behalf of government entities. This includes authorized 
government depository banks (AGDBS) as defined by Department of 
Finance (DOF) regulations;
k. 
Information security standards" refers to standards which aim to 
protect and secure the confidentiality, Integrity, availability, authenticity, 
and non-repudiation of information and the data privacy of users of any 
digital payment platforms and other parties Involved therein;
V'"Merchant refers to a person or entity engaged in buying and selling 
merchandise, purchasing of services, skills, or expertise, and leasing of 
goods and services;
m. "Micro-paymenttransactiond' refers to low-value payments including but 
not limited to payments to sari-sari store owners, wet market vendors, as 
well as tricycle and jeepney drivers, the actual thresholds of which shall be 
determined by the BSP, pursuant to the objectives of this Act;
n. 
Payment Service Provider (PSP)’ refers to an entity, such as banks or 
non-bank electronic money issuer, that provides payment services to end- 
users, such as consumers, merchants, and billers, including government 
institutions;
0. Payment systenf refers to the set of payment Instruments, processes, 
procedures and participants that ensures the circulation of money or


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movement of funds, which comply with the requirements set forth under
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Republic Act No. 11127 or the National Payment System Act;
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p. " Transaction Account refers to an account, such as but not limited to a
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BDA, or e-money account held with a BSP-supervIsed financial Institution
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that can be used to store, send, and receive fund
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Sec. 5. Adoption of Digital Payments for Government Disbursements. - All
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government entitles, including but not limited to national government agencies
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(NGAs), foreign-based government agencies, all government corporations, local
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government units (LGUs), State Universities and Colleges (SUCs), and local universities
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and colleges (LUCs), are hereby mandated to utilize safe, and efficient digital
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disbursement in the payment of goods, services, and other disbursements Including
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but not limited to cash assistance and payments of salaries, wages, allowances, and
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honoraria of its employees, whatever nature of appointment. Government entitles
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shall be allowed to disburse funds directly Into the recipient's or beneficiary's
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transaction account held in government or private financial institutions without the
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need for special arrangement with each of these financial institutions. For this purpose,
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said government entities may use the automatic debit arrangement Interoperable
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electronic fund transfer or any other appropriate facility of its government servicing
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PSP.
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Accountable officers of the government entities shall observe due diligence In
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ensuring the accuracy of the recipient's or beneficiary's identity. Uses of government
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funds through direct crediting shall remain transparent to state auditors.
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Government entitles shall be responsible for preparing the payment instruction
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with the necessary details. Including the recipient's or beneficiary's name, transaction,
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account details, and amount, among others, only after proper authorization In
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accordance with established accounting and auditing rules and regulations.
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The government servicing PSP shall carry out the payment Instruction and
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submit the verified list of successful and failed fund transfers and other relevant details
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to the government entity disbursing the fund. Subject to agreement with the
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government entity, the government servicing PSP may collect fees from the
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government entity for the electronic fund transfer services.


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In case of unsuccessful digital disbursement, there shall be a recovery
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mechanism that will ensure the continuity of delivery of payment services: Providedf
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That In cases of calamities or other emergencies, where payments through digital
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means may be affected, non-digital payout channels may be explored.
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Sec. 6. Adoption of Digital Payments for Government Collections, - All
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government entities, including but not limited to national government agencies
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(NGAs), foreign-based government agencies, all government corporations, local
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government units (LGUs), State Universities and Colleges (SUCs), and local universities
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and colleges (LUCs), shall offer digital collection as a mode, in addition to acceptance
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of cash payment, for the collection of taxes, fees, tolls, imposts and other revenues,
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including non-income collections and receipts.
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Government entitles shall utilize secure payment processing solutions to ensure
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acceptance of various digital payment methods. For this purpose, said government
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entities may engage the services of established PSPs: Provided, That government
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entities shall avail only of Interoperable digital payment solutions. Notwithstanding any
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law to the contrary, partner PSP of a government entity shall not be limited to
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government servicing banks.
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Sec. 7. Adoption of Interoperable Digital Payment Solutions. - The BSP shall
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implement Initiatives that aim to accelerate the adoption by all FSPs of Interoperable
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digital payment technologies and appropriate standards thereof, such as but not
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limited to the National Quick Response (QR) Code Standard meant to hasten the
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interoperability of QR-driven payment services and eliminate the need for merchants
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and clients to maintain several accounts
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In addition, NGAs, government corporations, SUCs, LGUs and merchants shall
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undertake measures to promote the adoption of the Open Finance Framework in
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accordance with the guidelines set forth under the applicable BSP rules and regulations
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which will enable sharing of customer-permissloned financial data and foster
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adherence to data security and privacy standards.
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The digital payment solutions adopted by government entitles shall allow for
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real-time receipt of funds by the recipient government entity, immediate issuance of
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electronic invoices and/or official receipts to payors, regular audit reports, and other
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technical features that will aid in the fulfillment of the objectives of this Act. To ensure


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that these digital payment solutions adhere to applicable international standards on
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information security, data privacy, and electronic data interchange between financial
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institutions, among others, government entities shall avail of digital payment solutions
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under the BSP's National Retail Payment System Framework.
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Existing agreements between government entities and PSPs shall be honored
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until the respective terms thereof expire: Provided, That parties concerned shall
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endeavor, within one year from the effectivity of this Act, to implement amendments
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to such agreements with intention to remove provisions detrimental to public interest.
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In all instances, collection and payment schemes that prevent transparency and
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accountability over public funds, as well as arrangements disadvantageous to the
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government, shall be discontinued.
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There shall be a technical working group (TWG) composed of the Commission
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on Audit (COA), Department of Budget and Management (DBM), Department of
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Finance (DOF), Bureau of the Treasury (BTr), Bureau of Internal Revenue (BIR), the
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Government Procurement Policy Board, and other relevant agencies that will provide
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guidance and promote cost-efficiency and transparency in procurement of digital
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payment solutions by government entities. Consistent with the respective mandates
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of the member-agencies, and in coordination with the COA, the TWG shall nave the
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following powers and functions:
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a) Oversee and monitor the procurement of digital payment solutions by
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government entities and ensure that the same is in accordance with existing
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laws, rules and regulations;
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b) Consider the formulation of standard terms and conditions for PSPs, in
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consultation with the BSP and COA. Pursuant to its mandate, the GPPB may
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also Issue specific procurement guidelines for the engagement of PSPs;
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c) Resolve issues relative to the implementation of this Act, without prejudice
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to the Individual member-agencies resolving such concerns pursuant to their
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respective mandates;
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d) Call on any department, agency or office under the Executive Branch for the
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effective implementation of this Act; and,
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e) Perform such other function pursuant to the fulfillment of the objectives of
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this Act.


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Sec. 8. Establishment of a Government Payment Gateway. - The BSP, in
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consultation with the DOF, DBM, COA, Department of Information and
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Communications Technology (DICT), BIR, Bureau of Customs (BOC), BTr, digital
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banking experts, academe, and other appropriate public sector and banking industry
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stakeholders, may cause the establishment of a government payment gateway
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through which all government entities may process digital payments made to them
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through PSPs, websites, mobile phone applications, or other access devices.
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The government payment gateway shall allow for real-time settlement of
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accounts and receipt of funds by the recipient government entity, immediate issuance
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of electronic invoices and/or official receipts to payors, regular audit reports,
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interoperability between digital payment technologies, and other technical features
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that will aid in the fulfillment of the objectives of this Act. Said gateway shall adhere
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to relevant International standards on Information security, date privacy, and
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electronic data interchange between financial institutions.
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Sec. 9. Digital Payment Capability of Merchants. - To accelerate the adoption
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of digital payment, LCDs shall, by ordinance, encourage and grant monetary and non-
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monetary Incentives to merchants within their localities to establish and/or outsource
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arrangements and/or mechanisms that would enable them to receive payments from
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clients and make payments to creditors and supplies using digital channels.
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LGUs shall ensure that merchants in their jurisdictions have access to
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appropriate digital payment solutions and have the capacity to effectively use the
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same with due consideration to small and micro-merchants. Including, but not limited
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to, market vendors, tricycle operators and food stalls. The LGU shall extend assistance
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to small and micro merchants to facilitate their adoption of digital transaction capacity.
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The BSP, Department of Trade and Industry (DTI), DILG, AND DICT shall provide
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capacity building for the NGAs, government corporations, SUCs, LGUs, and merchants,
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on the use of digital payments.
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Sec. 10. Promotion of Digital Payment Transactions. - To optimize the benefits
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of digital payments, scale up financial inclusion, and promote sustainability, all
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government entities shall prioritize the use of safe and efficient digital payment in their
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financial transactions.


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All government entitles covered by this Act shall also adopt a comprehensive
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incentive framework for selected financial transactions to encourage the use of digital
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payments. LCDs shall, likewise, grant relevant incentives for merchants providing
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efficient digital payment systems.
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The BSP, in coordination with relevant stakeholders, shall promote measures
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on financial and digital literacy, and consumer protection to strengthen the public's
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trust in digital payment transactions.
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To enable the general public to adopt digital payments, micropayment
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transactions shall be subject to graduated pricing or be rendered free of any service
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charge as determined by the BSP in consultation with the merchants and the payment
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services industry, as may be represented by the BSP-accredited payment system
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management body.
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The DICT shall Implement measures to further enhance the availability,
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accessibility, reliability, and cost-efficiency of internet services to support the
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Government's program on the digitalization of financial transactions.
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Sec. 11. Multi-Year Roadmap for Digital Payment Adoption. - The BSP, in
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collaboration with relevant government entities, shall prepare and regularly update a
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multi-year roadmap on digital payments to ensure the timely implementation and
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optimal realization of the objectives of this Act.
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This Multi-year Roadmap shall be aligned with the e-government masterplan
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formulated by the DICT in consultation with other key government agencies, and shall,
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among others, set targets and outcomes, such as but not limited to the widespread
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adoption of digital payments by merchants, for a minimum period of five (5) years,
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and include strategic public and private Interventions and possible government
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programs and projects. The roadmap shall be subject to annual review.
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Sec. 12. Transitory Provision. - Government entities shall be responsible for
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ensuring proper transition of their respective agency's disbursement and collection
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procedures and policies to digital payments.
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Digital disbursement shall be Implemented within six (6) months from the
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issuance of the implementing rules and regulations (IRR) of this Act.
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For the implementation of digital collections, a tiered transition period not
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exceeding three (3) years from tiie issuance of the IRR shall apply. The tiering


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guidelines, to be established by the TWG as part of the IRR, shall reflect differentiated
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transition timeframes based on the readiness and capability of the government
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entities. Government entities deemed capable and ready based on defined criteria
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shall be required to implement digital collection within a shorter transition period while
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others may be allowed a longer transition period but not to exceed three (3) years.
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Sec. 13. Information Security and Data Privacy. - All data information and
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information and communications technology systems and networks, used for digital
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payments pursuant to the objectives of this Act shall be secured and protected at all
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times. The DICT and the National Privacy Commission shall, In consultation with the
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BSP, define and prescribe the minimum information security standards for compliance
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of PSPs who are covered by this Act and are not under the oversight and regulatory
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authority of the BSP.
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Sec. 14. Obiigations of Payment Systems Providers. - In line with the declared
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policy in this Act, all PSPs shall have the following obligations:
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a) Integrate security and data privacy by design and by default in the
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development stage of the payment systems;
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b) Process personal and sensitive personal information in the system in
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accordance with any of the criteria for lawful processing provided for
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under relevant laws, rules and regulations;
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c) Implement reasonable and appropriate organizational, physical and
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technical security measures for the protection of personal data and
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uphold the rights of data subjects;
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d) Provide reasonable and timely assistance to NGAs, government
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corporations, LGUs, SUCs, and/or merchants, in accordance with
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relevant rules and regulations, to enable them to respond to a request
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from clients to exercise any of their rights and any other
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correspondence, inquiry or complaint received from a client or other
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third party in connection with the processing of the personal data in the
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payment system;
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e) The PSP performing the function of collection of money and/or payment
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of transaction on behalf of the government agency shall, to the extent
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necessary, cooperate with the COA for the examination, audit, and


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settlement of all accounts pertaining to the revenue and receipts, and
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expenditures or uses of funds of all NGAs, government corporations,
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SUCs, and LGUs. The PSP shall allow COA to perform its audit procedures
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and to determine whether collections are complete and use of funds are
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authorized;
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f) Comply with the requirements Indicated in the standard terms of
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reference or standard minimum terms and conditions that may be issued
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by the TWG.
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Sec. 15. Ensuring interoperability. - All government agencies when selecting
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open standards and protocol pursuant to the provisions of this act shall use the
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Philippine e-Government Interoperability Framework (PeGIF).
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Sec. 16. Penalties and Sanctions. - Without prejudice to the penalties and
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sanctions provided in Republic Act No. 11127 or "The National Payment Systems Act"
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and other laws, whenever any person or entity willfully violates this Act, rule or
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regulation, directives or orders duly promulgated by the BSP pursuant hereto, the
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person or persons responsible for such violation shall be punished by a fine of not less
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than Two hundred thousand pesos (P200,000.00) or more than Two million pesos
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(P2,000f000.00) or by imprisonment of not less than two (2) years nor more than ten
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(10) years, or both, at the discretion of the court.
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Sec. 17. Interpretation. - Nothing in this Act shall be construed to exempt any
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government funds in the possession of private entitles from the constitutional
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authority and duty of the COA to examine, audit, and settle all accounts pertaining to
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the revenue and receipts of, and expenditures or uses of funds and property, owned
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or held In trust by, or pertaining to, the government. All digital payments involving
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government transactions under this Act shall be subject to post-audit of the COA.
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Accordingly, the COA shall promulgate the pertinent rules and regulations for all
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transactions covered by this Act.
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Sec. 18. Appropriations. - Government entitles may be allowed to include in
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their respective budgets amounts that will cover the reasonable costs of establishing
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and maintaining the Infrastructure, system and/or processes adjustments well as
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transaction fees that they may shoulder in connection with the implementation of
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digital payments, including but not limited to, merchant discount rate, processing fees.
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cash-out fees and administration fees: Provided, That the release of said budget may
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be conditioned on the actual adoption of digital payments by the concerned
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government entitles.
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Government entities may also top-up cash assistance with a standard amount
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to cover any transaction fees that may be incurred by recipients or beneficiaries when
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claiming or withdrawing said cash assistance from their respective transaction
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accounts.
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The amount necessary for the implementation of the provisions of this Act shall
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be taken from the current year's budget of the NGAs, government corporations, SUCs
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and LGUs. Thereafter, such sums as may be necessary for the continued
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implementation of the Act shall be incorporated in the annual General Appropriations
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Act, corporate operating budget, or appropriation ordinance, as the case may be.
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Sec. 19. Implementing Rules and Regulations, - The BSP shall, in coordination
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with the DBM, COA, DOF, BTr, BIR, DICT, DOST, DILG, DTI and other relevant
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agencies, shall promulgate the rules and regulations implementing the provisions of
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this Act within ninety (90) days from Its effectivity.
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Sec. 20. Separability Clause, - If for any reason, any part or provisions of this
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Act is declared invalid or unconstitutional, the remaining parts or provisions not
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affected shall remain in full force and effect.
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Sec. 21. Repealing Clause. - All laws, presidential decrees, executive orders,
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rules and regulations contrary to or Inconsistent with the provisions of this Act are
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hereby repealed or modified accordingly.
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Sec. 22. Effectivity. - This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or In a newspaper of national circulation.
Approved,
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