REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
QUEZON CITY
NINETEEr\ITH CONG REss
First Regular Session
HoUsEBILLNo.      5157
//'`LWRECEIVED
EP26
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BY:_whm-
Introduced by
REPRESENTATIVE ATTY. GERVILLE "|INKY BITRICS" R. LUISTRO
EXPLANATORY NOTE
Prior to the COVID-19 pandemic, Filipinos are already enjoying the comfort of
online shopping. Through digital applications and websites, every necessity appears
to be just a tap or a click away from being sold, bought, and acquired. Technology has
transformed online business transactions into an infinite marketplace that provides
convenience and efficiency in market transactions for both vendors and consumers.
Recently, electronic commerce (ecommerce) transactions surged unexpectedly.
It became the lifeline of business enterprises and their clients.  And as we transition to
the  new normal,  with the  easing of restrictions  and  re-opening  of our economy,
Filipinos have grown accustomed to transacting and shopping using the internet, by
way of digital currency.   It is therefore imperative for the government to develop
policies and implement regulatory measures to protect the rights of the vendors and
the consumers.
This bill aims to promote and maintain a healthy ecommerce environment in
the country and build trust among online vendors and consumers through secure and
rehiable platforms where goods and services are transacted online with transparency
and efficiency.   It shall also establish regulatory measures to ensure that consumer
rights and data privacy rights are protected.
This   measure   also   seeks   to   create   the   ecommerce   Bureau   under   the
Department of Trade and Industry  (DTI)  that sham have  authority over activities
conducted through the internet which are currently unregulated. It shall be the central
authority where consumers and vendors may approach in case conflicts relating to
ecommerce activities arise.  As envisioned, this bin prescribes a code of conduct for
all businesses engaged in ecommerce, specifies their obligations, and stipulates their
responsibilities, including the ecommerce platform operators and providers.


The same measure was filed last 18th Congress and passed on the 3rd Reading.
It is noteworthy to recognize the efforts expended by its primary authors, namely,
Representatives Wes T. Gatchalian and Alfredo A. Garbin.


REPUBLIC OF THE PELIPPINES
HOUSE OF REPRESENTATIVES
QUEZON CITY
EIGHTEENTITI CONGRESS
First Regular Session
HouSEBILLNo.     5157
Introduced by
REPRESENTATIVE ATTY. GERVILLE ``|INKY BITRICS" R. LUISTRO
AN ACT PROVIDING PROTECTION TO CONSUMERS AND MERCHANTS
ENGAGED IN INTERNET TRANSACTIONS, CREATING FOR THE PURPOSE
THE ELECTRONIC COMMERCE BUREAU, AND APPROPRIATING FUNDS
THEREFOR
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
CHARTER 1
GENERAL PROVISIONS
SECTION 1. Short Title. -This Act shall be known as the ``Internet Transactions Act".
SEcmoN 2. Declaration of Policy. It is the policy of the State to promote and maintain
a robust electronic commerce (ecommerce) environment in the country by building
trust between online merchants and consumers. The State recognizes the value and
potential of the digital economy to increase competition and improve productivity,
thus the need to establish secure  and  reliable  ecommerce  platforms  where  goods
and   services   are   transacted  online  with  appropriate  transparency  and  utmost
efficiency to encourage the creation of new products, services, business models and
processes.  Towards  these  ends,  the  State  shall  ensure  an  effective  regulation  of
commercial activities through the internet or electronic means to ensure that consumer
rights  and  data privacy  are  protected,  innovation is  encouraged,  fair  advertising
practices and competition are promoted, online transactions are secured, inteuectual
property rights are respected, and where product standards and safety are observed.
SEC. 3. Dcfi7zt.fe.o7t o/Terms. -As used in this Act:


(a) B#st.#css fo  bws!.#ess  fm#sflcf!.o# refers  to  internet  trausactious  conducted
overmarketplacesthatfacilitatebusinesstobusinesselectronicsalesofnewand
used merchandise using the internet;
(b) Bws!.#css fo  co#s#"cr  trH#s¢cfc.aft refers  to  the  process  of selling  products
and services by businesses to consumers who are end- users, generally for a
profit;
(c)  Cofflpfltr.ZJt.JI.fry refers to the ability of the digital content or digital service to
function  with hardware  or  software  with  which  digital  content or  digital
services of the same type are normally used, without the need to convert the
digital content or digital service;
(d) Co"s#i#er refers to a person who is a purchaser, lessee, recipient or prospective
purchaser,lessororrecipientofconsumerproducts,services,credit,technology,
advertising or promotion, and other items in ecommerce;
(e) Consumer-to-consumer   transactions   (C2Cs)   refer   to   oneoff,   perry,   or
occasional low-value trausactious of an individual or group of individuals to
another that are not made in the ordinary course of business of any party to the
transaction;
(f)  D..gr.toJ coutenf refers to data which are produced and supplied in electronic
form;
(g) D£.gr.toJ sera..ce refers to a service that allows the consumer to create, process,
store or access data in electronic form or allows the sharing of or any other
interaction with data in electronic form uploaded or created by the consumer
or other users of that service;
th) D..gr.tor fl.#¢#c.."I  scro!.cos refer  to  services  of  a  financial  nature  that  are
made  available   to   the   public   through  the   internet,   including   banking
services,   insurance  and   insurance-related services,  payment  and money
transmission services, including remittance services,  online  lending  services,
online investment services, and other similar or related services;
(i)  £Zecfro#t.c  cofflf#erce or eco7#7#erce refers  to  the   production,   distribution,
marketing, sale, or delivery of goods and services by electronic means;
0.)  cCo7#7#erce phaffo" apcrofor refers to a natural or juridical person that sohcits
the purchase of goods and services through digital platforms and marketplaces
whosebusinessistoconnectcousumersandonlinemerchants,facflitatingsales
of products, goods or services through the internet with the presence and use
of monetary transactions. These shall include social media websites and any
other similar platforms in so far that it is used for business;
a() Fw#cft.o"¢J..fry refers to the ability of the digital content or digital service to
perform its functions according to its purpose;
(1)  Goods refer to physically or digitally produced items over  which ownership
rights may be established and whose economic ownership may be passed from
one institutional unit to another by engaging in transactions;
(in) J7ite77tef access fl7zd sero}.ce provz.der refer to an entity that provides households,
businesses,  and  government  access  to  the  internet  through  the  physical
transportinfrastructure;


(n)  Internet retailing Of consumer goods refers to er\gaLging in  aLny eco""erce
activity other than online travel services, online media, ride hailing services,
and digital financial services:
(o)  J#fe„ief  frH"s#ctr.o# refers  to  the  sale  or  purchase  of  goods  or  services,
whether  between  businesses,  households,  individuals,  governments,  and
other public or private organizations, conducted over the internet. At least one
pointofthesetrausactiousisconductedovertheintemetbutthepaymentand
ultimate dehivery of the goods or service may be conducted on or offline;
to)  I#feroperflb..I..fry refers to the abhity of the digital content or digital service
to function with hardware or software different from those with which digital
content or digital services of the same type are normally used;
(q)   O#J!.#e Jf!ercfe¢#f refers to a natural or juridical person, regardless of location,
that directly sells, manufactures goods, or offers for sale, any good or service,
either individually or through a platform, in the ordinary course of business,
over the internet, through a website, an online marketplace, a social media
website or application or through other similar means;
(r)   O#J!.#c  r#edi.¢  refers  to  digital  media  products  or  services  pertaining  to
advertising,  gaming,  subscription music,  and video  on  demand,  available
through  an  online  platform,  application,  website,  webpage,  social  media
account, or other similar platforms operated by the provider,  regardless  of
whether the provider is authorized to engage in ecommerce;
(s)   O"Z{.#e frotJeJ scruI.cos refer to services that facilitate the reservation, purchase
or discounting  of flights, hotel accommodations, and vacation rental spaces,
through  an  online  platform,   application,  website,  webpage,  social  media
account, or other similar platform operated  by the  provider, regardless of
whether  the  provider  is   authorized   to  engage  in  ecommerce   in  the
Philippines;
(t)   Pr..ce  refers  to  money  or  a  digital  representation  of value  that  is  due  in
exchange for the supply of goods, services, digital content, or digital service;
(u)  Prod„cer refers  to  the  manufacturer or importer  of goods,  or  any  person
purporting to be a manufacturer who places its  name, trademark, or other
distinctive sign on goods;
(v)  Rap¢t.r refers to bringing defective goods into conformity with the contract;
(w) R..de J!flt.J{.ng sera..ce refers to the delivery of food, goods or other merchandise,
or  of personal  transport  services,  contracted  through  an  online  platform,
application, website, webpage, social media account, or other similar platform
operated by the provider, regardless of whether the provider is authorized to
engage in ecommerce in the Philippines;
(x)   R!.dc J.ai.Zt.ng serot.ce p¢rfroer refers to third-parties who offer their services to
transport or deliver food, parcels or any other item, on behalf of ride hailing
service providers;
fy)  Ri.de J!¢!.Zt.#g sc"t.ce protJ£.der refers to those, who in the ordinary course of
trade or business, provide for or facilitate ride hailing services; and


SECTION 4. Scope and Coverage.  Unless otherwise specified, this Act shall apply to
any  stage  of  all  business-to-business  and  business-to-consumer  ecommerce  and
internet transactions including those related to the following activities:
a)  Internet retail of consumer goods and services;
b)  Online travel services;
c)   Online media providers;
d)  Ride hailing services; and
e)   Digital financial service
Cousumer~to{ousumer transactions shall be exempt from the operation of this
Act, without prejudice to the application of other laws. Unless expressly specified,
nothing  in this  Act shall be  construed  as  to  diminish  or  deprive  the  regulatory
jurisdiction  conferred  by  law  upon  other  government  agencies  with  respect  to
regulated services that fall within the scope of ecommerce.
SECTION 5. Extra-teritorial Application. A person engaging in ecommerce who
purposefully availed of the Philippine market shall be  deemed as doing business
in  the  Philippines  and be  subject to  applicable Philippine laws  and  regulations,
including this Act. One  who  purposely  avails  of  the  Philippine  market  without
establishing  any real or legal presence in the Philippines shall be required to notify
theecommerceBureaucreatedunderSection7ofthisActforinclusionintheRegistry
ofOrdineBusinessestablishedunderSectionllofthisActormaydesignatearesident
agent who shall be authorized to receive on their behalf notices or processes in any
legal  proceeding  in  the  Philippines.   The  accessibihity  of goods and services  to
consumersinthePhilippinesshallbecousideredinascertainingwhetheroneengaged
in ecommerce is purposefully availing the Philippine market.
SECTION  6. Equal  Treatment  of  Online  and  Offline  Commercial  Activities.
Unlessotherwisespecified,thisActshallbecoustruedtoeusurethatthosewhoengage
in ecommerce may not enjoy any benefit that is more favorable, nor be placed at a
disadvantage, in relation to other enterprises that offer goods and services offline in
the Philippines.
CHAPTER 2
ECOMMERCE BUREAU
SECTION  7. Creation  of the  ecommerce  Bureau.   To  ensure  the  attainment  of
the objectives of this Act and promote the growth of ecommerce, there is hereby
created  an ecommerce Bureau under the Department of Trade and Industry (DTI),
hereinafter referred to as the Bureau, which sham be organized within six (6) months
aLfter the  effectivity of this Act.  The Bureau shall have the  following powers  and
functions:


a)  Implement, monitor, and ensure strict compfiance by ecommerce stakeholders
of the provisions of this Act;
b)  Build trust between consumers and sellers by requiring ecommerce platform
operators, online merchants, or any other  entrty  who engages in ecommerce
to register their business with the Bureau;
c)   Formulate policies, plans and programs to ensure the robust and  dynamic
development of ecommerce;
d)  Identify  regulatory   gaps   affecting  the   ecommerce   sector   that   are   not
sufficiently  addressed  by  this  Act  or by  existing  laws  or  regulations,  and
recommendappropriateexecutiveorlegislativemeasures,includingthosethat
can be undertaken by the DTI on its own, that fosters the growth of the sector;
e)   Act as a virtual central unit tasked to receive and address consumer complaints
onintemettransactious,facilitatethespeedyresolutionofconsumercomplaints
by the respective government agency which has jurisdiction over it, and track
complaints referred to or initiated by it to ensure the speedy and appropriate
action by the agency to which such matters have been referred to;
f)   Coordinate  with,  compel  or  petition  whenever  appropriate,  any  entity,
government agency or instrumentality to take action on any matter that may
impede ecommerce;
g)  Investigate, 77tofu prap7i.o, and file the appropriate cases for violations of any
provision of this Act;
h)  Intervene or participate, in a manner as may be appropriate, in cases initiated
or pending with other regulatory agencies involving ecommerce or violations
of any provision of this Act;
i)   Monitor internet transactions and undertake consultation with stakeholders
and  affected agencies for the purpose of understanding market behavior in
order to update policies relevant to online transactions;
j)   Monitor the compliance of other goverrment agencies or instrumentalities on
their compliance to the provisions of this Act and the ecommerce roadmap;
k)  Conect, compile, analyze,  abstract,  and publish ecommerce data for policy
formulation and program development;
I)   Prepare and conduct periodic studies on ecommerce;
in) Collaborate with departments of the National Government including local
government  units  and  governmentowned  or  controlled  coaporatious   in
implementing  programs   to   promote   ecommerce,  including   information,
education,   and  campaign,   as  well as  in ensuring  a policy  regime that is
proactive; and
n)  Ensure that those who engage in ecommerce may not enjoy any benefit that is
more favorable,norbeplacedatadisadvantage,inrelationtootherenterprises
that offer goods and services offline in the Philippines.
In the exercise of the above-stated functions, the Bureau, in coordination with
other  government  agencies,  may  convene  public  consultations  or  inter-agenc.y
meetings  to  ensure  multi~stakeholder  input  in  the  development  of  ecommerce
policies.


Government agencies and iustrumentalities involved in the maintenance and
development of the internet infrastructure of the Philippines, such as the Department
of   Information    and   Communications   Technology    (DICT)    and   the   National
Telecommunications Commission (NTC), sham cooperate with the Bureau on issues
within their respective regulatory jurisdiction that affect the conduct of ecommerce.
SECTION 8. Composition of the Bureau.  The Bureau shall be headed by a Director
tobeappointedbythePresidentofthePhilippines,asrecommendedbytheSecretary
of Trade and hdustry.
The Director shall oversee the day-to-day operations of the Bureau and shall be
assisted  by  three   (3)   Assistant  Directors  each  for  policy  and   administration,
enforcement, and operations.
The  Secretary  of  Trade  and  Industry  sham  determine  the  organizational
structureandstaffingpattemoftheBureau,subjecttotheapprovaloftheSecretaryof
Budget and Management.
SECTION 9. Subpoena.  h the exercise of its powers under this Act, the Director
of  the Bureau shall have the power to issue summons, swZ}pog7i# flcz fesfz¢ca7idwm and
swbpoc7tfl dztces fecwm to  alleged  violators  or  witnesses  to  compel  their  attendance
and the production of documents in investigations or proceedings before the Bureau.
rThe faLi+ure to co"pky wi:th aL subpoena ad testificandum or subpoena duces tecum
shall authorize the filing of a case for indirect contempt under the Rules of Court with
the Regional Trial Court. A certification duly issued by the Bureau that a respondent
to  the i-wtyae7ifl  ¢cZ  fesfi¢co7?dttm  or  sztz}poc7i¢  cZ#ces  fec#rm  refuses  to comply  with the
same, despite due notice, shall be sufficient evidence to authorize the Regional Trial
Court to cite the respondent with contempt. The Regional Trial Court shall likewise
have the authority to issue any such order or relief, including imprisorment, in order
to  compel compliance  with  the swbpae73fl fld fcsfz#corzdwm or s"dyoc#fl dwces fecwm. The
Regional  Trial  Court  may,  in  addition,  also  issue  a  subpoena  ¢cZ  tes££¢.cfl7icz#m  or
s#bpoe7i¢ dwces feou7# addressed to the respondents identical to the one subject of the
complaint.
SECTION  10.   Authority  to  Promulgate  Rules  and  Regulations.    As  the  focal
authority of the National Government for the development of policies and strategies
towards the growth of ecommerce, the Bureau shall have the authority to promulgate
rules  and  regulations  covering  areas  or  activities  concerning  ecommerce  and  to
impose fines to compel compliance with such rules. The grant of this rule-making
authority  to  the  Bureau  sham  be  ancillary  to  any  duly  constituted  regulatory
jurisdiction  granted or that may be granted  to other  government agencies by law,
including Executive Order No.  292, series of 1987, instituting the "Administrative
Code of 1987", RepubHc Act No. 7394, otherwise known as the "Cousu]iner Act of the
Philippines", Republic Act No.  7653,  as amended,  otherwise known as  "The New
Central Bank Act",  Republic Act No.  8293,  as  amended,  otherwise known as  the


"Intellectual  Property Code of the PhiHppines", Republic Act No.  8799, otherwise
known as the "Securities Regulation Code", Republic Act No. 9239, otherwise known
as the "Optical Media Act of 2003", Republic Act No. 9593, otherwise known as the
"TourismActof2009",RepublicActNo.10173,otherwiseknownasthe""DataPrivacy
Actof2012",RepublicActNo.10667,otherwiseknownasthe"PhilippineCompetition
Act", Republic Act No. 11127, otherwise known as " The National Payment Systems
Act",  and Republic Act No.  11232,  otherwise known as the  "Revised Corporation
Code„.
The Bureau shall defer the exercise of rule~making power to the above-listed
government agencies conferred by law with regulatory jurisdictious over ecommerce
providers or platforms unless the other agency declines to exercise its jurisdiction or
does not act within a timely marmer.
SECTION 11.  Registry of Online Business (ROB).   Within a period of one (1) year
from the effectivity  of this  Act, the Bureau shall,  in coordination with the DICT,
establish, manage and maintain a ROB which shall provide consumers access to data
and information of registered online business entities for purposes of verifying the
validity, existence of and other relevant information pertaining to business entities.
The DICT,  in consultation with the DTT,  the National Privaey Commission
(NPC),thePhihppineCompetitionCommission(PCC)andotherconcemedagencies,
shall  issue  the  rules  and  regulations  to  govern  the  development,  management,
operation, and maintenance of the ROB.
CHAPTER 3
SUPERVISION OF ECOMMERCE
SECTION 12.   Authority to Issue Take Down Order.   The Secretary of Trade and
Industry, upon due notice and hearing regarding violations of this Act, the Consumer
Act of the Philippines, or any other related trade or consumer laws, operating to the
graveandirreparableprejudiceofaconsumerorarightsholder,shallhavethepower
to issue an order directing that a website, webpage, online application, social media
account,  or  other  similar  platform,  be  taken  down,  made  inaccessible  in  the
Philippines, or that no entity shall process any payment to any of those entities, or
otherwise  be  rendered  commercially  inoperative,  in  order  to  abate  any  further
violations.
The said provisional take down order shall be directed against the owner or
operator of the website, webpage, online application, social media account, as well as
duly registered internet service provider, as well as payment gateways or channels.
Copies of the order  shall likewise be served on other government agencies whose
cooperation would be required for the enforcement of the same.


Theordershallremalnineffectforamaximumperiodofthirty(30)daysunless
otherwise extended or made permanent by a judicial order or decision.
SECTION 13. Cease and Desist Order.  The Secretary of Trade and industry, upon
due notice and hearing, shall have the power to issue an order directing a website,
webpage,onlineapplication,sorialmediaaccount,orothersimilarplatformoperating
to the grave and irreparable prejudice of a consumer or a rights holder, to desist from
marketing or offering goods or services that are accessible in the PhiHppines, and
directingthatnopaymentsshallbemadetoanyentitywhichismarketingoroffering
such goods or services in violation of this Act, the Consumer Act of the Philippines,
or any other related trade or consumer laws.
The cease and desist order shall remain in effect for a maximum of thirty (30)
days unless otherwise extended or made permanent by a judicial order or derision.
SECTION  14.  Referral  of Complaints.   The  Bureau  shall refer  any  complaint it
receives involving violation of other laws committed in the course of ecommerce
activitiestotheappropriateregulatoryauthorityforaction.Ifthecomplaintorviolation
pertains to the violation of the provisions of Republic Act No. 10175, otherwise known
as  the  "Cybercrime  Prevention  Act  of  2012",  the  matter  shall  be  referred  to  the
DepartmentofJustice(DOJ)forappropriateinvestigation.Incaseswhereappropriate,
the DTI may itself initiates the formal complaint with  the  appropriate  regulatory
authority or the DOT. The Bureau shall track any such complaint or referral made to
other authorities and coordinate with them to ensure that the said matters are duly
resolved within a reasonable period.
SEC.  15. Qualifications to Engage  in  ecommerce. The  following  are  presumed
legally authorized to engage in ecommerce in the Philippines in the ordinary course
of their trade or business:
a)   An individual who is duly licensed to do business as a single-proprietor with
the DTI;
b)  A juridical  entity that is  duly registered with the Securities  and  Exchange
Commission (SEC), whether as a corporation, a one-person corporation, or as a
partnership;
c)   A cooperative that is duly licensed by the Cooperative Development Authority
(CDA);
d)  A foreign corporation that is duly licensed by the SEC to transact business in
the Philippines; and
e)   A non~resident foreign individual or juridical entity who has complied with
Section 5 of this Act.
A resident of the Philippines who  engages,  abets,  or aids in unauthorized
ecommerce activities in the ordinary course of trade or business shall be subject to
any appropriate penalty as may be provided by law and shall in the same marmer as
the party engaged in such unauthorized ecommerce activities.


A person who is authorized to engage in ecommerce in the Philippines and
who facilitates the sale of a digital product or service by one who is not so authorized
is deemed primarily liable for any obligation, damage, or fine, that may arise from the
transaction or from the digital product.
Anon-residentofthePhilippineswhoengagesinecommercebypurposefully
availing of the Philippine market may not evade legal liability in the Phihippines by
virtueofnon-residencyornon-registrationandshallbesubjecttothesameobligatious
and liabilities arising from any transaction as those who are authorized to engage in
ecommerce in the Philippines.
SECTION 16. Business Registration.
a)  To encourage the formation of business enterprises, the growth and integrated
development of the ecommerce market, and protection of online consumers,
all individuals engaged in ecommerce shall register as a business either as a
sole   proprietor,    one-person   corporation,    partnership,    corporation,    or
cooperatives.
b)CousistentwithRepublicActNo.11032,otherwiseknownasthe"EaseofDoing
Business and Efficient Government Service Delivery Act of 2018," all national
government agencies and local government units (LGUs) shall make available
online  registration  of  business  permits  and  licenses  particularly  for  those
engaged in ecommerce.
c)   The SEC, LGUs, and the CDA shall submit to the Bureau an armual list of
registered  enterprises  for monitoring   and   for  purposes   of maintaining  a
database of online merchants and ecommerce platform operators.
CHAPTER 4
CONSUMER RIGHTS AND OBLIGATIONS INVOLVING INTERNET
TRANSACTIONS
SECTION 17. Code of Conduct.  To build trust in internet trausactious and to protect
and uphold  the  interest  of  consumers  at  all  times,  all  businesses  engaged  in
ecommerce are expected to act responsibly, consistent with the following principles:
a)  Consumers shall be treated with honesty, integrity, and fairness at all times;
b)  The rights of consumers shall be applied equally;
c)   Business entities shall refrain from engaging in illegal, fraudulent, unethical, or
unfair  business  practices  that  harm  consumers  and  shall  comply  with
applicable  laws  and  regulations,  especially  the  protection  of  intellectual
property rights;
d)  Accurate information about goods and services marketed and sold online to
Philippine consumers shall be given and made available to consumers;


e)   Goods  and  services  sold  online  must  conform  to  Philippine  regulatory
standards;
i)   The  safety  of  goods  and  services  marketed  or  sold  onhie  must  not  be
compromised and products that have been recaned in the offline retail market
must not be marketed or sold online;
g)  Goods  and  services  must  be  easily  accessible,  accurately  described,  and
promoted through fair advertising and marketing practices;
h)  Consumers must be given the correct and complete information about costs
through a sales invoice or an official receipt detailing the particular costs of the
goods or service purchased, including shipping or delivery charges. Hidden
charges or additional costs such as customs  duties  or currency conversion
charges must be avoided;
i)   The  tracking  of  deliveries  must be  provided  as  part  of services  of onhie
merchants or ecommerce platform    operators and goods purchased must be
dehivered within the promised time and described condition to the address
provided by the consumer;
j)    A canceuation option must be  provided  wherein consumers  are  given the
opportunity to review their online purchases before finally confirming their
purchase   or   withdrawing  from  a  confirmed  transaction  in  appropriate
circumstances;
k)  Consumer complaints must be dealt with through fair, easy, transparent and
equitable  mechanisms  for  consumer  redress.  If  warranted,  compensation,
refund, repair, and replacement should be provided to the consumer;
1)   Data  privacy  laws   and  regulations,  including  Republic  Act  No.   10173,
otherwise known as the "Data Privaey Act of 2012," and other similar laws and
regulations shall be strictly complied with;
in) The  safety  and  security  of  online  payments  and  sensitive  data  shall  be
safeguarded through the use  of secure technology  and  protocols including
those  evidenced  by  visible  trust  certificates  or   any  appropriate  similar
certification as may emerge in the future;
n)  The transmission of uusoficited commercial email or bulk email, except those
subjecttothecontrolanddiscretionoftheconsumerthroughreadilyaccessible
configurations that anow the consumer to choose whether they wish to receive
or  opt-out from commercial messages by email or electronic means, must be
avoided;
o)  The production of fake online reviews or spreading wrong information about
competitors is improper and must be avoided;
p)Cousumersmustbeeducatedabouttherisksoftrausactingthroughtheintemet
and shall be provided competent and professional advice; and
q)  Competing fairly with other businesses and adherence to competition principles
and an applicable competition laws and regulations, including Republic Act
No. 10667, otherwise known as the "Philippine Competition Act", shall ensure
the robust development of ecommerce and the economy.


Wheneverappropriate,theDTTshallissuerulesandregulatiouscorresponding
to international  trends,  developments  and  best  practices  that  it  may  adopt  and
implement.
SEC. T8.   9b.i.igationf  of  ecommerce  Platform  Operators.   eco"merce pLaLtior"
operators shall have the following obligations:
a)  Ensure that any commercial communication shall:
(1)  Be clearly identifiable as a commercial communication;
(2) Clearly  identify  the   person  on  whose  behalf  the  commercial
communication is made;
(3) Clearly  identify  any  promotional  offer  including  any  discount,
premium, or gift, and ensure that any condition which must be met
to  qualify  for  it  is  easily  accessible,  and  presented  clearly  and
unambiguously; and
(4) Clearly identify any promotional competition or game and ensure
thatanyconditionforparticipationiseasilyaccessibleandpresented
clearly and unanbiguously;
b)  Require all online merchants, prior to the commencement of online trausactious
to submit the following to ecommerce platform operators:
(1) Name of the online merchant;
(2) Registration documents of the online merchant from the appropriate
LGU, the DTI or SEC, and the Bureau of Internal Revenue (BIR);
(3) Geographic address at which the online merchant may be served
summons or any other judicial processes in its name and behalf;
(4) Contact detafls of the online merchant, such as a mobile or landline
number,andavalidelectronicmailaddress,whichmakesitpossible
to immediately and easily contact and communicate with the online
merchant in a direct and effective manner; and
(5) Details of any professional body or similar institution with which the
online merchant is registered, in instances when the online merchant
exercises a regulated profession;
c)   Maintain a file of all online merchants registered under their platform containing
the information provided by online merchants in paragraph @) of this Section;
d)  Publish aLt a conspicuous part on their website, webpage, social media account,
or other similar platform, the following general information:
(1)  Name of the online merchant;
(2) Registration documents of the online merchant from the appropriate
LGU, the DTI or SEC, and the BIR;
(3) Geographic address at which the online merchant may be served
summons or any other judicial processes in its name and behalf;


(4) Contact details of the online merchant, a mobile or landline number,
or  a  valid  electronic  mail  address,  which  makes  it  possible  to
immediately  and  easily contact and communicate with the online
merchant and communicate in a direct and effective  marmer unless
the  ecommerce  online  platform  establishes   means  to  facilitate
communication between online merchants and consumers; and
(5) Details of any professional body or similar institution with which the
online merchant is registered, in instances when the online merchant
exercises a regulated profession;
e)  Submit to  the  Bureau  a  list of all  online  merchants registered  under their
platform. When an ecommerce platform operator discovers that an onboarded
online merchant has not obtained registration dociuLments from the relevant
regulatoryageney,itshallreportsuchfacttotheBureauwithinfifteen(15)days
from discovery thereof.
D   Cooperate with regulators, in accordance with existing laws and regulations,
any investigation, or resolution of consumer complaints.
SECTION 19. Internet Transactions Involving Consumers. An online merchant of
goods shall exercise the following responsibilities:
a)  Deliver or cause the delivery of goods to the consumer, ensuring that the
following are complied with:
1)  The goods are of the description, type, quantity, and quality, and possess
the  functionality,  compatibility,  interoperability  and  other  features,  as
required by the sales contract. The online merchant must show a digital
sample or model of the goods to the consumer and the goods possess the
qualityofandcorrespondtothedescriptionofthesampleormodel;possess
the   qualities   and   performance   features,    including   in   relation   to
functionality, compatibility, interoperability, accessibility, continuity, and
security, normal for digital content or digital services of the same type and
ofwhichtheconsumermayreasonablyexpect;fitforanyparticularpurpose
for which the consumer requires  them  aLnd  which the  consumer  made
known to the online merchant at the time of the conclusion of the contract,
and which the online merchant has accepted; and possess the qualities and
performance capabilities indicated in any pre{ontractual statement which
forms an integral part of the contract.
2)   All goods shall:
(i)        Be  delivered  along  with  the  accessories  including  packaging,
installationinstructiousorotheriustructionasthecousumermay
expect to receive; and


(ii)       Possess qualities and performance capabilities which are normal
in goods of the same type and which the consumer may expect
given the nature of the goods and taking into account any public
statement made by or on behalf of the online merchant or other
persons in earlier links of the chain of transactions, including the
producer,  unless  the  online  merchant  shows  that:  the  online
merchant was not, and could not reasonably have been aware of
the  statement  in  question;  by  the  time  of  conclusion  of  the
contract, the statement had been corrected; or the decision to buy
the goods could not have been influenced by the statement.
b)  Be hiable for any lack of conformity with the contract which exists at the time
when:
1)  The consumer or a person acting on behalf of the consumer has acquired
the physical possession of the goods, or when the goods are handed over to
thecarrierchosenbytheconsumer,andthatcarrierwasnotprofferedbythe
online  merchant  or  where  the  online  merchant  proposes  no  means  of
carriage;
2)  The goods have been installed by the online merchant or under the online
merchant's  respousibflity.  The  time  at  which  the  installation  has  been
completed  shall  be  considered  the  time  when  the  consumer  acquires
physical possession of the goods;
3)  The goods have been installed by the consumer in accordance with the
online merchant's instauation iustructious. The expiration of a reasonable
period for installation, which shall not be more than thirty (30) days, sham
be considered
of the goods.
thetimewhenthecousumeracquiresthephysicalpossession
4)  The goods are incorrectly installed. Any lack of conformity resulting from
thecorrectiustallationisregardedaslackofconformitywiththecontractof
the goods if:
The goods were installed by the online merchant or under
the online merchant's responsibility; and
The goods, intended to be installed by the consumer, were
installed by the consumer and the correct installation was
due to a shortcoming in the installation instructions.
c)   Where the contract provides that the digital content or digital service is to be
supplied or made accessible to the consumer over a period of time, the online
merchant may modify the digital content or digital service beyond what is
necessary to maintain the digital content or digital service in conformity with
the contract, if the following conditions are met:
1)  The  contract  allows,  and  provides  a  valid  reason  for,  such  a
modification;


2)  Such a modification is made without additional cost to the consumer;
and
3)  The consumer is informed by a clear and comprehensible marmer of
the modification.
d)  Where the online merchant operates its own website, webpage, social media
account, or any other similar platform, it shall pubhish on its homepage the
following:
1)  Name of the online merchant;
2)  Registration documents of the online the appropriate LGU, the DTI
or SEC, the BIR, and other appropriate regulatory authorities;
3)  Geographic address at which the online merchant may be served
summons or any other judicial processes in its name and behalf;
4)  Contact details of the online merchant, a mobile or landline number,
and  a valid  electronic  mall  address,  which  makes  it  possible  to
immediately  and  easily contact and communicate with the online
merchant and communicate in a direct and effective marmer; and
5)   Details of any professional body or similar institution with which the
online merchant is registered, in instances when the online merchant
exercises a regulated profession.
Any agreement is valid only if, at the time of the conclusion of the contract, the
consumer has knowledge of the specific condition of the goods and the consumer has
expressly accepted this specific condition when concluding the contract.
SEC. 20. Right to Redress by Online Merchants. - Where the online merchant is liable
to the consumer because of a lack of conformity with the contract resulting from an
act or omission by a person in earlier links of the chain of trarrsactious, the online
merchantisentitledtopursueremediesagainstthepersonorpersousliableinthechain
of trausactious. The person against whom the online merchant may pursue remedies
and the relevant actions and conditions to exercise must be in accordance with the
following:
a)  Repairs must be completed and replacements delivered within a reasonable time
andwithoutanysignificantinconveniencetotheconsumer,takingintoaccount
the nature of the goods and the purpose for which the consumer acquired the
goods;
b)  A  proportionate  reduction  of the  price  or  the  termination  of the  contract,
including restitution of the price, in the fouowing instances:
1)  A repair or replacement is impossible or unlawful;
2)  The online merchant has not completed repair or replacement within
a reasonable time;
3)   A repair or replacement may cause significant inconvenience to the
consumer; or


4)  The online merchant has declared,  or it is equally clear from the
circumstances that the online merchant may not deliver the goods in
conformity with the contract within a reasonable time;
c)   The consumer is entitled to withhold the payment of any outstanding part of
theprice,untiltheonlinemerchanthasbroughtthegoodsintoconformitywith
the contract;
d)  The consumer is not entitled to a remedy to the extent that the consumer has
contributed to the lack of conformity with the contract or its effects;
e)   Where the online merchant remedies the lack of conformity with the contract
by replacement, the online merchant may take back the replaced goods at the
online merchant's expense unless the parties have agreed otherwise after the
lack of conformity with the contract has been brought to the online merchant's
attention by the consumer;
D   Where the consumer had installed the goods in a manner consistent with their
nature and purpose, before the lack of conformity with the contract became
apparent,  the  cost for the  removal  of  the  non{onforming  goods  and  the
installation of replacement goods,  and  all  associated  costs  shah be  for the
account of the online merchant;
g)  In case of goods that do not conform to the contract, the consumer is not liable
to pay for using the non{onforming goods prior to its replacement;
h)  The consumer may choose between repair and replacement unless the option
chosenisimpossible,unlawfulor,imposescostsupontheonlinemerchantthat
is disproportionate, taking into account an circumstances, including:
1)   The value of the goods, if the goods conformed to the contract;
2)  The significance of the lack of conformity with the contract; and
3)   Whether   the   alternative   remedy   may   be   completed   without
significant inconvenience to the consumer.
Thereductionofpriceshouldbeproportionaltothedecreaseinthevalueof the
goods which were received by the consumer compared to the value of the  goods
if it were in conformity with the contract.
SECTION 21.  Obligations of Ride Hailing Service Providers.  RIde haihig service
providers shall require its consumers to register by showing valid proof of identity,
emailaddressorcellularphonenumber.RIdeha:i]ingserviceprovidersshallmakethe
identity of its providers and support staff available to the rider at au times.
SECTION  22.  Obligations  of Consumers  of Ride  Hailing  Services.    It shall be
unlawful for consumers of ride hailing services to:
a)  Cancel confirmed orders for the delivery of food or grocery items when the said
items have already been paid by or is already in the possession of the Ride
Hailing Service Partner or is otherwise in transit to the consumer unless:


1)  The consumer uses credit card services as a means for the payment of
theserviceandthepaymentwillstillbecreditednotwithstandingthe
cancellation;
2)  The consumer remits the reimbursement and payment to the ride
hailing service partner as a precondition for the cancellation of the
order; or
3)  The delivery of ordered food or grocery items win be or was delayed
for at least one (1) hour from the expected time of arrival due to the
fault or negligence of the ride hailing service partner.
b)  Uureasonably shame,  demean,  embarrass,  or humiliate ride hailing service
partners. The consumer may invoke as a defense of good faith, a weu-founded
beliefthattheridehailingservicepartherhadcommittedacrimeorcausedcivil
injury towards the consumer.
SECTION23.RighttoTerminatetheContract.Ifthegoodsdelivereddonotconform
tothecontract,theconsumermayexercisetherighttotermirmtethecontractbygiving
noticetotheonlinemerchant.Wherethelackofconformityrelatestoonlysomeofthe
goods delivered under the contract, the consumer may terminate the contract only in
relation to the non- conforming good and any other goods which was acquired as an
accessory to it.
Wherethecousumerterminatesacontractasawholeorinrelationtosomeofthe
goods delivered:
a)  The online merchant sham reimburse to the consumer the price paid without
undue delay and in any event not later than fourteen (14) days from receipt of
the notice;
b)  Upon receipt of the reimbursement from the online merchant, the consumer
shall return, at the online merchant's expense, the goods without undue delay
and  in any event not later than fourteen  (14)  days from the receipt of the
reimbursement;
c)   Where the goods cannot be returned because of destruction or loss caused by
the negligence of the consumer, the consumer sham pay to the online merchant
the monetary value which the non{onforming goods would have had at the
date when the return was to be made if they had been kept by the consumer
without destruction or loss until that date, unless the destruction or loss has
been caused by a lack of conformity with the goods with the contract, within
fourteen (14) days from receipt of reimbursement; and
d)  The consumer shall pay for a decrease in the value of the goods only to the
extent that the decrease in value exceeds depreciation through regular use. The
payment for decrease in value sham not exceed the price paid for the goods.


SECTION 24. Damages.   The online merchant is liable for damages to the consumer
duetothelackofconformitywiththecontractofthegoods.Theconsumermayclaim
damageswithintwo(2)yearsfromtherelevanttimeofestabhihingconformity.
No damages may be recovered by virtue of this Act after the lapse of four (4)
years  from the time the conformity has been established.
SECTION  25.    Online  Dispute  Resolution. The  DTI  shall  develop  an  online
dispute resolution (ODR) platform which is a single point of entry for consumers,
online   merchants,   and   ecommerce   platform   operators   seeking   out-of{ourt
resolution  of disputes.   Where an ecommerce platform  operator does  not have an
internal  dispute  resolution  mechanism,  all complaints through an ODR against an
ecommerce platform operator sham be accompanied by proof that internal dispute
resolutions were exhausted.
a)   The ODR sham be an interactive website which may be accessed electronically
and free of charge. The DTI, through the Bureau, shall be responsible for its
operation,  including its maintenance,  funding and  data security.  The ODR
platformmustbeuser-friendlyandmustadoptthetvwhprinciplesof``privacy
by design" and ``design for an'', where the privacy of its users is respected, and
the ODR platform is accessible and usable by all users.
b)  The DTI shall establish a network of ODR contact points from, among others,
the agencies involved in consumer complaints specified in Republic Act No.
7394,  otherwise  known  as  the  ``Cousumer  Act  of  the  Philippines,"  which
includestheFalrTradeEnforcementBureau(FTEB)oftheDTI,theDepartment
of Agriculture(DA),theDepartmentofTourism(DOT),andtheDepartmentof
Health(DOH).TheNPCandthelntellectualPropertyOfficeofthePhilippines
(IPOPHIL) shall also form part of the ODR network.
c)   Each agency shall designate one ODR contact point and communicate its name
andcontactdetailstotheDTI.Theheadofagencyshallconferrespousibilityto
the  ODR contact points  in ensuring that timely  and competent support is
providedtotheresolutionofdisputesrelatingtocomplaintssubmittedthrough
the ODR platform.
d)  The ODR platform shall have the following functions:
1)  Provide  an  electronic  form  by  means  of  which  alternative  dispute
resolution (ADR) entities shall transmit the information;
2)  Provide a feedback system which allows the parties to express their
views on the functioning of the ODR platform and on the ADR entity
which handles their dispute; and
3)  Make publicly available general information on ADR as a means of out-
of{ourt dispute resolution and information on ADR entities which are
competent to deal with disputes.


e)  The DTI shall ensure that the information in the website is accurate, up to date
and provided in a clear, understandable and accessible way.
f)   Government and private sector entities which provide ADR services which are
competenttodealwithdisputesshallberegisteredelectronicallywiththeODR
platform.
g)  Digital  platforms  and  online  retailers  shall  provide  on  their  websites  an
electronic link to the DTT ODR platform on their homepage. That link sham be
easily accessible to consumers.
h)  The  DTI,  in  consultation  with  other  concerned  agencies,  shall  issue  the
implementing  rules  and  regulations  on  the  development,  management,
operations, and maintenance of the ODR platform.
SECTI0N26.LimitedLiabilityofecommercePlatformOperators.
a)  ecommerce  platform  operators  shall  be  solidarily  liable  with  an  online
merchant to the consumer only to the extent of civil damages suffered by the
consumer as a direct result of the transaction, without prejudice to liabhities
that may incur under the next succeeding paragraph or the provisions of other
existing laws.
b)  ecommerce platform operators shall, for civil or administrative indemnity, be
held liable with an online merchant only under the following instances:
1)  If  the  ecommerce  platform  operator  fails  to  exercise  ordinary
dihigence in complying with its obligations under Section 18 hereof,
resulting to loss or damage to the consumer;
2)  If the identity of the online merchant and the ecommerce platform
operator are the same;
3)  If  the  ecommerce  platform  operator  fails,  after  notice,   to   act
expeditiously  to remove,  or  disable  access  to  goods  or  services
appearing on their platform that they know or should have known
to be not compliant with law, or otherwise infringes on intellectual
property rights;
4)  If the ecommerce platform operator permits an online merchant, not
otherwise authorized to do business in the Philippines, to offer its
goods  and  services  for  sale,  resulting  in  loss  or  damage  to  the
consumer.
c)   ecommerce platform operators shall not be held liable under the following
instances:
1)  The   ecommerce   platform   operator   relied   on   the   accuracy,
authenticity, and veracity of an online merchant's representations,
warranties  or  submitted  registration  documents,   even   if   such
information or documents are later proved to be inaccurate, false or
untrue: ProvI.did, That, the ecommerce platform operators are able to


show evidence of good faith and that reasonable efforts were exerted
to  ascertain  the  accuracy  and  reliability  of  the  documents  or
informationsubmittedbysuchonlinemerchant.
2)  The ecommerce platform operator relied on  the  representations,
warranties or submissious of an  online merchant stating that it is
duly organized, vahid and existing under the laws of the Philippines
or  under  the  laws  of  its  respective  jurisdictious  to  engage  in
ecommerce,  or  has  obtained  an  necessary  licenses,  permits  or
approvals required for the sale of goods and services, or that said
goods   and    services   conform   to   applicable   laws,   rules   and
regulations.
SECTION  27.  Digital  Payments.      ECommerce  platform  operators  and  onine
merchants shall issue the appropriate paper or electronic invoices or receipts for all
salesinaccordancewithrelevantintemalrevenuelawsandregulatious.Anelectronic
invoiceorreceiptshallhavethesamelegaleffectasaphysicalinvoiceorreceipt.
The DTI,  through the Bureau,  shall,  in coordination with the B¢7zgho  Se7tf7'#/
7zg Pi7z.pi.7t¢s (ESP), the BIR, the Bureau of Customs (BOC), the Department of Justice
(DOJ),  the Philippine National  Police  (PNP),  the  Department of Information and
Communications   Technology   (DICT),   and   the   National   Telecommunications
Commission  (NTC), issue rules  and regulations  to modernize  and  streamline the
regulatory framework and encourage the adoption of electronic payment systems
by  the  citizenry. The DTI shall also develop guidelines to protect merchants and
consumers covering the various digital payment solutious.
SECTION 28. Enforcement of Rights and Remedies.  Without prejudice to existing
remedies provided under other laws, the enforcement of the rights and remedies
established under this Chapter shall be through the fouowing means:
a)  If involving complaints by a consumer where no  damages  are sought,  the
complaint shall be treated as a consumer complaint with the DTI pursuant to
Title  V,  Chapter  IH  of  Republic  Act  No.  7394,  otherwise  known  as  the
"Consumer Act of the Phflippines";
b)  If involving a claim for damages, the injured party shall seek recovery by filing
a civil action with the appropriate trial court.
CHAPTER 5
ELECTRONIC  COMMERCE  PHILIPPINE  TRUSTMARK
SECTION 29. ECommerce Philippine Trustmark. To provide assurance of safety
and security  in  internet  trausactious,  the  DTI  shall  lead  the  development  of  an
ecommerce Philippine Trustmark hereinafter referred to as the, "Trustmark", which
may be established and operated by an industry-led private sector governance body.
The DTI shall periodically assess the effectiveness of the industry-led Trustmark in


promoting  to  the  pubhic  reliable  and  tnistworthy ecommerce  services,  and may
opt to   assume   operational   control   over the Trust mark if it  determines that the
industry-led private sector effort cannot sufficiently achieve the goals of the Trust
mark.
CHAPTER 6
FINAL PROVISIONS
SECTION 30. Penalties.
a)  Online merchants who fall to register either as a sole proprietor, one- person
corporation, partnership, corporation, or cooperative, shall be punished with a
fine equivalent to one hundred percent (100%) of the amount of the digital
goods offered or sold based on the market price as determined by the Bureau,
including confiscation of the goods as advertised;
b)  ecommerce platform operators and online merchants found guilty of violating
Section 18, or Section 19 (d) of this Act shall be punished with a  fine  not less
than  Five Hundred  Thousand Pesos  (P500,000.00) but not more than Five
Million Pesos (P 5,000,000.00) or the revocation of their hiceuses, or both, at the
discretion of the courts.
c)   Ride hailing service providers found guilty of violating Section 21 of this Act
Shall be  punished  with  a  fine  of up  to  Five  Hundred  Thousand  Pesos  (P
500,000.00) or the revocation of their licenses, or both, at the discretion of the
courts.
d)CousumersfoundguiltyofviolatingSection22(a)ofthisActshallbepuhished
withafineofuptoFiftyThousandpesos(P50,000.00)plusonehundredpercent
(100%) of the amount advanced by the ride hailing service partner, or both, at
the discretion of the courts.
e)   Consumers found guilty of violating Section 22 ®) and Section 23 ap)of this Act
shanbepunishedwithafineofuptoFiftyThousandPesos(P50,000.00),atthe
discretion of the courts.
The application of these penalties shall be without prejudice to the hiability
of the offending party under other laws or regulations.
SECTION  31.   Oversight  Committee.  There  is  hereby  created  a  Congressional
Oversight  Committee,  hereinafter  referred   to   as  the   Internet Trausactious  Act
Congressional oversight Committee, to be composed of five (5) members from the
Senate,  which  shall  include  the Chairpersons of the Senate Committees on Trade,
Commerce and Entrepreneurship, Science and Technology, and Finance, and  five (5)
members from the House  of  Representatives, which shall indude the Chairpersons


of  the  House  of  Representatives  Committees  on  Trade  and  Industry,  ICT,  and
Appropriations. The Internet Transactions Act Congressional oversight Committee
shall be jointly chaired by the Chairpersons of the Senate Committee on Trade and
Commerce and the House of Representatives Committee on Trade and Industry. It
shall meet at least every quarter of the  fist two years and every semester for the
third year after the approval of this Act to review the implementation of this Act,
evaluate  the  Bureau  on  its functions as the lead agency, determine any inherent
weaknesses in the law,       and recommend  the  necessary  remedial  legislation  or
executive   measures:  Prov!.did,  That   the  Internet Transactions  Act Congressional
OversightCommitteeshallceasetoexistafterfive(5)yearsupontheeffectivityofthis
Act.  21  The  Secretariat  of the  Internet  Transactions  Act Congressional Oversight
Committee shall be drawn from the existing personnel of the Senate and  House   of
Representatives     Committees     comprising     the     Internet     Trausactious     Act
Congressional Oversight Committee.
SECTION 32. Implementing Rules and Regulations. The Secretary of Trade and
Industry  shall,  in  consultation  with  the  DICT`,  the  BSP,  the  DOT,  the  Land
Transportation Franchising and Regulatory Board (LTFRB), the Optical Media Board
(OMB),  the  Intellectual  Property  Office  of  the  Philippines  (IPOPIHL),  and  other
relevant government agencies and stakeholders, develop and issue the implementing
rules and regulations of this Act.
SECTION 33. Transitory   Provisions.  To   ensure   the  continued   implementation
of programs to promote ecommerce, the current ecommerce Division sham continue
to  exercise  its  functions   until   such  time   that  the  organizational  structure  and
personnel of the Bureau have been determined and approved.
AIl  affected  officers  and  personnel  of  the  ecommerce  Division  shall  be
absorbed by the Bureau without demotion in rank or diminution of salaries, benefits
and other privileges.
SECTION 34.  Appropriations.  The amount necessary to carry out the provisions of
this Act shall be included in the annual General Appropriations Act.
SECTION 35. Separability Clause.   If any provision or part of this Act is declared
invalid  or  uncoustitutional,  such  declaration  shall  not  affect  the  validity  of  the
remaining provisions of this Act.
SECTION  36.  Repealing  Clause.    All  laws,  rules,  and  regulations,  presidential
decrees,  letters  of  instruction   and    other   presidential    issuances   which   are
incompatible  or inconsistent with the provisions of this  Act are hereby repealed,
amended, or modified accordingly.
SECTION  37.  Effectivity.    This  Act  shall  take  effect  fifteen  (15)  days  after  its
publication  in  the  Official  Gazette  or  in  at  least  one  (1)  newspaper  of  general


circulation.  It  shall  also  be  published online, through the Official Gazette Online
(www.officialgazette.gov.ph),andonthewebsiteoftheDTI(_wHw.dti.gop_.p±).
Approved,