Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

5045

HOUSE BILL NO.
Introduced by REP. ANTHONY G. DEL ROSARIO

EXPLANATORY NOTE

Republic Act (RA) No. 8792, otherwise known as the “Electronic
Commerce Act of 2000” recognizes the use of electronic technology in
commercial and non-commercial transactions. In fact, Section 27 thereof
mandates all departments, bureaus, offices and agencies of the government, as
well as all government-owned and -controlled corporations (GOCCs) to issue
permits, licenses or certificates of registration or approval or provide for the
method and manner of payment or settlement of fees and other obligations to the
government utilizing electronic technology.

This bill intends to amend Section 27 and Section 33 of RA 8792 to fully
implement the use of electronic documents and signatures in government
transactions and realize less paperwork in practically all aspects of government
transactions. It also seeks to require the government agencies to submit annual
report status to the congressional oversight committee to ensure compliance with
the mandate of the law. Likewise, it seeks to impose the corresponding
administrative sanctions for non-compliance therewith.

Hopefully, requiring the departments, bureaus, offices and agencies of the
government, as well as all GOCCs and LGUs to transact business in electronic
form will improve and simplify public service and reduce the expense of the
government.

In view of the foregoing, early approval of this bill is earnestly sought.

/ANTHONY G. DEL ROSARIO



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

House BILL NO.__ 5045
Introduced by REP. ANTHONY G. DEL ROSARIO

AN ACT
PROVIDING FOR THE FULL IMPLEMENTATION OF THE USE OF
ELECTRONIC DOCUMENTS AND SIGNATURES IN GOVERNMENT
TRANSACTIONS, AMENDING FOR THE PURPOSE REPUBLIC ACT
NUMBERED 8792, OTHERWISE KNOWN AS THE “ELECTRONIC
COMMERCE ACT OF 2000”

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Section 27 of Republic Act No. 8792 is hereby amended to

read as follows:

“Section 27. Government Use of Electronic Data Messages,
Electronic Documents and Electronic Signatures. — Notwithstanding
any law to the contrary, within two (2) years from the date of the
effectivity of this Act, all departments bureaus, offices and agencies
of the governments as well as all government-owned and -
controlled corporations AND ALL LOCAL GOVERNMENT UNITS,
that pursuant to law require or accept the filing of documents,
require that documents be created, or retained and/or submitted,
issue permits, licenses or certificates of registration or approval, or
provide for the method and manner of payment or settlement of

fees and other obligations to the government, shall —
(a) accept the creation, filing or retention of such
documents in the form of electronic data messages or electronic

documents;


(b) issue permits, licenses, or approval in the form of

electronic data messages or electronic documents;

(c) require and/or accept payments, and issue receipts
acknowledging such payments, through systems using electronic

data messages or electronic documents; or

(d) transact the government business [and/or] OR
perform governmental functions using electronic data messages or
electronic documents, and for the purpose, are authorized to adopt
and promulgate, after appropriate public hearing and with due
publication in newspapers of general circulation, the appropriate
tules, regulations, or guidelines, to among others, specify:

1) the manner and format in which such electronic data
messages or electronic documents shall be filed, created, retained

or issued;

2) where and when such electronic data messages or
electronic documents have to be signed, the use of an electronic
signature, the type of electronic signature required;

3) the format of an electronic data message or electronic
document and the manner the electronic signature shall be affixed

to the electronic data message or electronic document;

4) the control processes and procedures as appropriate
to ensure adequate integrity, security and confidentiality of
electronic data messages or electronic documents or records or
payments;

5) other attributes required of electronic data messages

or electronic documents or payments; and


6) __ the full or limited use of the documents and papers for
compliance with the government requirements: Provided, That this
Act shall by itself mandate any department of the government,
organ of state or statutory corporation to accept or issue any
document, in the form of electronic data messages or electronic
documents upon the adoption, promulgation and publication of the

appropriate rules, regulations, or guidelines.

THE HEADS OF DEPARTMENTS, BUREAUS, OFFICES
AND AGENCIES OF THE GOVERNMENT, GOVERNMENT-
OWNED AND -CONTROLLED CORPORATIONS AND LOCAL
GOVERNMENT UNITS SHALL SUBMIT AN ANNUAL REPORT
TO THE CONGRESSIONAL OVERSIGHT COMMITTEE
CREATED UNDER SECTION 35 HEREOF RELATIVE TO THEIR

COMPLIANCE WITH THE MANDATE OF THIS ACT.”
SEC. 2. Section 33 of the same Act is hereby amended to read as
follows:

“SEC. 33. Penalties. The following Acts shall be penalized

by fine [and/or] OR imprisonment OR BOTH, as follows:

a) xX x x
b) xX x x
ce: xX x x%

d) THE HEADS OF THE GOVERNMENT
DEPARTMENTS, BUREAUS, OFFICES AND AGENCIES OF THE
GOVERNMENT, GOVERNMENT-OWNED AND -CONTROLLED
CORPORATIONS AND LOCAL GOVERNMENT UNITS WHO
FAIL TO COMPLY WITH THE MANDATE OF SECTION 27 OF


THIS ACT SHALL BE ADMINISTRATIVELY LIABLE UNDER

EXISTING CIVIL SERVICE LAWS AND REGULATION; AND

E) Other violations of the provisions of this Act, shall be
penalized with a maximum penalty of One million pesos
(P1,000,000.00) or six (6) years imprisonment.”

SEC.3. _ Effectivity. - This Act shall take effect fifteen (15) days after
publication in the Official Gazette or in two (2) national newspapers of general
circulation,

Approved,