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SENATE OF THE PHILIPPINES ) 
t~HI;r or til" ~'!'rridlir~ 
SIXTEENTH CONGRESS 
) 
First Regular Session 
) 
'13 
nCT 16 
A11 :q8 
SENATE 
Senate Bill No. 'iB59 
Introduced by SENATOR JOSEPH VICTOR G. EJERCITO 
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. 
--""""'K-
.' 
........., G--
JOSEPH VICTOR G. EJERCITO 


SENATE OF THE PHILIPPINES ) 
SIXTEENTH CONGRESS 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 
1859 
Introduced by SENATOR JOSEPH VICTOR G. EJERCITO 
AN ACT 
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'13 
OCT 16 
1\11 :08 
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; o'r 
(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 ruies, Tegulations, or 
guidelines, to among others, speci!'y: 
, 
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. 
follows: 
Section 33 of the same Act is hereby amended to read as 
. . 
"SEC. 33. Penalties. The following Acts shall be penalized by fine 
[and/ or] OR imprisonment OR BOTH, as follows: 
X 
X 
X; 
X 
X 
X; 
X 
X 
X; 
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,OOO,OOO.OO) 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,