NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
ottiir 2^ • ■
•72 AUG 11 A10 31
S. No.
SENATE
1128
I.DBV
Introduced by Senator MARK A. VILLAR
AN ACT
PROMOTING THE ADOPTION OF DIGITAL PAYMENTS FOR FINANCIAL 
TRANSACTIONS OF THE GOVERNMENT AND ALL MERCHANTS AND FOR 
OTHER PURPOSES
EXPLANATORY NOTE
The sudden onset of the Covid-19 crisis had influenced the public to utilize 
online transactions. The pandemic raised awareness and made a necessary impact to 
individuals, businesses, and the government, to use digital payments.1
In 2019, it was calculated that the digital merchant payments grew by 33%, it 
continuous to be the largest payment use-case in terms of volume. This positive 
trajectory remained in the first half of 2020 as it increases to 25%.2
Digital peer-to-peer (P2P) payments grew by 56% in 2019. The increase in the 
use of wailet-to-wallet transfers contributed to its growth. However, on the first half 
of 2020, the said growth was stunted and decreased by 11%. Despite such, they
'State of Digital Payments in the Philippines, (n.d.). Retrieved August 4, 2022
,fromhttps://www.bsp.gov.ph/PaymentAndSettlement/State_of_Digital_PaymentsJnJhe_Philippines_(2021 Edition ).pdf
2 Euromonitor data, 2020, and Dalberg estimations as cited in State of Digital Payments in the Philippines.
(n.d.). Retrieved August 4, 2022, from httDs://www.bsD.gov.Dh/PavmentAndSettlement/State of Digital Payments in the 
Philippines(2021 Edition).pdf


remain to be the main actors that contributed to the growth of digital payments in the 
Philippines.3
Since digital payments have been appreciated by the merchants, consumers, 
and the government, the contribution of digital payments to total retail increased a 
total of 10.2 percent, the 20.1 percent in 2020 jumped into 30.3 last year.4 Felipe 
Medalla, the Bangko Sentral ng Pilipinas (BSP) Governor, optimistically stated that 
these latest results show that the target 50 %5 of retail payment transactions can now 
be closely achieved.6
In addition, according to the BSP, the government represents a small share to 
the total monthly retail payments volume, despite such, the government remains to 
be the most cash-lite among payers with 93.2% of its total monthly retail payments 
volume that were already in digital platform.
Even though the government remains to be the most cash-lite among payers, 
concerns were brought because the BSP estimated that only 28.6% of the Filipino 
adults have access to a formal bank account.7 Meaning, huge majority of the Filipinos 
remain to be unbanked. While there are improvements on the utilization of digital 
payments, the government must not turn a blind eye that there is still an urgency to 
attend to the needs of the unbanked Filipinos.
Because of the rapid digitalization, it is necessary to ensure an enabling 
environment to advance the adoption of digital payments and to reap the benefits of 
digitalization. Given such, the government must spearhead the use of the digital 
payments as it will facilitate the expedient distribution of financial assistance to 
beneficiaries and may provide financial inclusion to the most vulnerable sectors of the 
society. 8 Moreso, the delivery of government services and business transaction will
3 Electronic Money Issuers report, 2019, BSP-TRISD, as cited in Highlights report state of Digital Payments in the Philippines.
(n.d.). 
Retrieved 
August 
4, 
2022, 
from
https://www.bsp.gov.ph/PaymentAndSettlement/State_of_Digital_Payments_in_the_Philippines_(2021_Edition).pdf
4 BSP as cited in Agcaoili, L. (n.d.). Digital payment now make up a third of retail transactions - BSP. Philstar.com. 
https;//www.philstar.com/business/2022/07/09/2194031/digital-payment-now-make-third-retail-transactions-bsp
5 BSP Digital Payments Transformation Roadmap 2020-2023 I. Vision and Strategic Outcomes (Targets by 2023). (n.d.). 
https://www.bsp.gov.ph/Media_And_Research/Primers%20Faqs/Digital%20Payments%20Transformation%20Roadmap%2 
0
6 Id. At 4
7 Id.
8 Executive Order 170, s. of 2022


be more speedy, efficient, convenient, secured, and transparent by utilizing digital 
payment services. It may also be a step to transform the Philippines into an e- 
commerce territory, thus, more opportunities will be opened for the country to 
establish connections with the rest of Southeast Asia.
Thus, this bill mandates the promotion of the adoption of digital payments for 
financial transactions of the government and all merchants and for other purposes.
In view of the foregoing, approval of this bill is hereby earnestly sought.
MARK A. VILLAR
Senator


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
72 AUG 11 A10 31
S. No.
SENATE
1128
Introduced by Senator MARK A. VILLAR
AN ACT
PROMOTING THE ADOPTION OF DIGITAL PAYMENTS FOR FINANCIAL 
TRANSACTIONS OF THE GOVERNMENT AND ALL MERCHANTS AND FOR 
OTHER PURPOSES
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Be it enacted by the Senate and House of Representatives of the Phiiippines in 
Congress assembled:
Section 1. Short Tide. - 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


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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.
Sec. 4. Definition of Terms. - As used In this Act, the following terms shall
mean:
i. "Access device" refers to any card, plate, code, account number, electronic 
serial number, personal identification number, mobile device, or 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;
ii. 'Account-based disbursement"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;
iii. "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;
iv. "Digital collection" 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;
V. "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


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transfer facilitated by any government agency or instrumentality through
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their respective servicing bank;
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vi. "Digital Payments" refers to monetary payment transactions between two
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parties through a digital payment instrument in which both the payer and
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the payee use an electronic channel;
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vii. "Electronic fund transfer" refers to a transfer of funds between two
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transaction accounts in the same or different BSP-supervised financial
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institutions which are initiated and received using electronic devices and
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channels to transmit payment instructions;
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viii. "Electronic money (e-money)"refers to electronically-stored monetary value
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which is issued in accordance with the BSP Manual of Regulations for Banks
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and the manual of regulations for non-bank financial institutions;
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ix. "Financialinclusion"refers to the state wherein there is effective access to a
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wide range of financial products and services for all Filipinos;
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X. "Government Servicing Payment Service Provider (PSP)" refers to bank and
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non-bank PSPs authorized to accept government funds and perform payment
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services on behalf of government entities. This includes authorized
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government depository banks (AGDBS) as defined by Department of Finance
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(DOF) regulations;
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xi. "Information security standards" refers to standards which aim to protect
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and secure the confidentiality, integrity, availability, authenticity, and non-
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repudiation of information and 
the data privacy 
of users of any digital
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payment platforms and other parties 
involved therein;
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xii. "Merchant" refers to a person or entity engaged in buying and selling
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merchandise, purchasing of services, skills, or expertise, and leasing of goods
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and services;
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xiii. "Micro-payment transactions" refers to low-value payments including but
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not limited to payments to sari-sari store owners, wet market vendors, as
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well as tricycle and jeepney drivers, the actual thresholds of which shall be
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determined by the BSP, pursuant to the objectives of this Act;
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xiv. "Payment Service Provider (PSP)"refers to an entity, such as bank or non-
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bank electronic money issuer, that provides payment services to end-users.


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such as consumers, merchants, and billers, including government
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institutions;
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XV. "Payment system" refers to the set of payment instruments, processes,
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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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xvi. "Transaction Account"refers to an account, such as but not limited to a BDA,
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or e-money account held with a BSP-supervised financial institution that can
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be used to store, send, and receive funds.
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Sec. 5. Adoption of Digital Payments for Government Disbursements. - 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 (LCDs), 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 entities
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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 entities 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: Provided^
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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 entities 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 PSPs 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-permissioned 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 entities 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 have 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 
effective implementation of this Act;, and,
e) Perform such other function pursuant to the fulfillment of the objectives of 
this Act.
Sec. 8. Establishment of a Government Payment Gateway. - The BSP, in 
consultation with the DOF, DBM, COA, Department of Information and 
Communications Technology (DICT), BIR, BUREAU OF CUSTOMS (BOC), Bureau of 
the Treasury (BTR), digital banking experts, academe, and other appropriate public 
sector and banking industry stakeholders, may cause the establishment of a 
government payment gateway through which ail government entities may process 
digital payments made to them through PSPs, websites, mobile phone applications, or 
other access devices.
The government payment gateway shall allow for real-time settlement of 
accounts and receipt of funds by the recipient government entity, immediate issuance 
of electronic invoices and/or official receipts to payors, regular audit reports, 
interoperability between digital payment technologies, and other technical features 
that will aid in the fulfillment of the objectives of this Act. Said gateway shall adhere 
to relevant international standards on information security, data privacy, and 
electronic data interchange between financial institutions.
Sec. 9. Digital Payment Capability of Merchants. - To accelerate the adoption 
of digital payment, LGUs shall, by ordinance, encourage and grant monetary and non­
monetary incentives to merchants within their localities to establish and/or outsource 
arrangements and/or mechanisms that would enable them to receive payments from 
clients and make payments to creditors and suppliers using digital channels.
LGUs shall ensure that merchants in their jurisdictions have access to 
appropriate digital payment solutions and have the capacity to effectively use the 
same, with due consideration to small and micro-merchants, including, but not limited 
to, market vendors, tricycle operators and food stalls. The LGU shall extend assistance 
to small and micro merchants to facilitate their adoption of digital transaction 
capability. The BSP, Department of Trade and Industry (DTI), DILG, AND DICT shall 
provide capacity building for the NGAs, government corporations, SUCs, LGUs, and 
merchants 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 entities 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. LGUs 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, micro-payment
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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. MuithYear 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 
issuance of the implementing rules and regulations (IRR) of this Act.
For the implementation of digital collections, a tiered transition period not 
exceeding three (3) years from the issuance of the IRR shall apply. The tiering 
guidelines, to be established by the TWG as part of the IRR, shall reflect differentiated 
transition timeframes based on the readiness and capability of the government 
entities. Government entities deemed capable and ready based on defined criteria 
shall be required to implement digital collection within a shorter transition period while 
others may be allowed a longer transition period but not to exceed three (3) years.
Sec. 13. Information Security and Data Privacy. - All data information and 
information and communications technology systems and networks, used for digital 
payments pursuant to the objectives of this Act shall be secured and protected at all 
times. The DICT and the National Privacy Commission shall, in consultation with the 
BSP, define and prescribe the minimum information security standards for compliance 
of PSPs who are covered by this Act and are not under the oversight and regulatory 
authority of the BSP.
Sec. 14. Obiigations of Payment Systems Providers. - In line with the declared 
policy in this Act, all PSPs shall have the following obligations:
a) Integrate security and data privacy by design and by default in the development 
stage of the payment systems;
b) Process personal and sensitive personal information in the system in 
accordance with any of the criteria for lawful processing provided for under 
relevant laws, rules and regulations;
c) Implement reasonable and appropriate organizational, physical, and technical 
security measures for the protection of personal data and uphold the rights of 
data subjects;
d) Provide reasonable and timely assistance to NGAs, government corporations, 
LG Us, sues, and/or merchants, in accordance with relevant rules and 
regulations, to enable them to respond to a request from clients to exercise 
any of their rights and any other correspondence, inquiry or complaint received 
from a client or other third party in connection with the processing of the 
personal data in the payment system;


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e) The PSP performing the function of collection of money and/or payment of
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transaction on behalf of the government agency shall, to the extent necessary,
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cooperate with the COA for the examination, audit, and settlement of all
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accounts pertaining to the revenue and receipts, and expenditures or uses of
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funds of all NGAs, government corporations, SUCs, and LGUs. The PSP shall
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allow COA to perform its audit procedures and to determine whether collections
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are complete and use of funds are authorized;
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f) Comply with the requirements indicated in the standard terms of reference or
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standard minimum terms and conditions that may be issued by the TWG.
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Sec. 15. 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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(P2,000,000.00) 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. 16. Interpretation. — Nothing in this Act shall be construed to exempt any
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government funds in the possession of private entities 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. 17. Appropriations. - Government entities 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 as 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 entities.
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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 budgets 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. 18. Implementing Rules and Regulations. - The BSP, in coordination with
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the DBM, COA, DOF, BTR, BIR, DICT, DOST, DILG, DTI, and other relevant agencies,
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shall promulgate the rules and regulations implementing the provisions of this Act
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within ninety (90) days from its effectivity.
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Sec. 19. Separability Clause. - If for any reason, any part or provision 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. 20. 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. 21. Effectivity. - This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette ox in a newspaper of national circulation.
Approved,