The document summarizes key provisions of two Philippine acts:
The Electronic Commerce Act of 2000 provides legal recognition of electronic data messages, documents, and signatures. It allows their use in commercial and non-commercial transactions. The Access Devices Regulation Act of 1998 prohibits various fraudulent acts involving access devices like credit cards and defines penalties. It prohibits counterfeiting, unauthorized use, trafficking and other fraudulent acts involving access devices. The acts aim to facilitate electronic transactions and regulate access devices to prevent fraud.
The document summarizes key provisions of two Philippine acts:
The Electronic Commerce Act of 2000 provides legal recognition of electronic data messages, documents, and signatures. It allows their use in commercial and non-commercial transactions. The Access Devices Regulation Act of 1998 prohibits various fraudulent acts involving access devices like credit cards and defines penalties. It prohibits counterfeiting, unauthorized use, trafficking and other fraudulent acts involving access devices. The acts aim to facilitate electronic transactions and regulate access devices to prevent fraud.
The document summarizes key provisions of two Philippine acts:
The Electronic Commerce Act of 2000 provides legal recognition of electronic data messages, documents, and signatures. It allows their use in commercial and non-commercial transactions. The Access Devices Regulation Act of 1998 prohibits various fraudulent acts involving access devices like credit cards and defines penalties. It prohibits counterfeiting, unauthorized use, trafficking and other fraudulent acts involving access devices. The acts aim to facilitate electronic transactions and regulate access devices to prevent fraud.
The document summarizes key provisions of two Philippine acts:
The Electronic Commerce Act of 2000 provides legal recognition of electronic data messages, documents, and signatures. It allows their use in commercial and non-commercial transactions. The Access Devices Regulation Act of 1998 prohibits various fraudulent acts involving access devices like credit cards and defines penalties. It prohibits counterfeiting, unauthorized use, trafficking and other fraudulent acts involving access devices. The acts aim to facilitate electronic transactions and regulate access devices to prevent fraud.
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ELECTRONIC COMMERCE ACT OF
2000 (RA 8792)
AN ACT PROVIDING FOR THE RECOGNITION AND USE OF ELECTRONIC COMMERCIAL AND NON -COMMERCIAL TRANSACTIONS AND DOCUMENTS, PENALTIES FOR UNLAWFUL USE THEREOF AND FOR OTHER PURPOSES 1. LEGAL RECOGNITION
The new law gives legal recognition to electronic data messages, electronic documents and electronic signatures. • Sec. 6. Legal Recognition of Electronic Data Message • Sec. 7. Legal Recognition of Electronic Documents • Sec. 8. Legal Recognition of Electronic Signatures ARE ELECTRONICALLY GENERATED DATA OR DOCUMENTS COVERED UNDER THE RULE 130 SECTION 2 OF THE RULES OF COURT? People vs. Burgos, 200 SCRA 67 Under the principle of "functional equivalent" any electronic data message, document or signature, which is the functional equivalent of a written document or original signature, it is now clearly admissible as evidence. The operative words for admissibility are "integrity", "reliability" and "can be authenticated". 2. CARRIAGE OF GOODS
Sec. 26. Transport Documents
where the law requires that any action referred to contract of carriage of goods be carried out in writing or by using a paper document, that requirement is met if the action is carried out by using one or more data messages or electronic documents. 3. ELECTRONIC TRANSACTIONS IN GOVERNMENT Sec. 27. Government Use of Electronic Data Messages, Electronic Documents and Electronic Signatures • accept the creation, filing or retention of such documents in the form of electronic data messages or electronic documents; • issue permits, licenses, or approval in the form of electronic data messages or electronic documents; • require and/or accept payments, and issue receipts acknowledging such payments, through systems using electronic data messages or electronic documents • transact the government business and/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 rules, regulations, or guidelines, to, among others. ACCESS DEVICES REGULATION ACT OF 1998
AN ACT REGULATING THE ISSUANCE AND USE OF ACCESS DEVICES,
PROHIBITING FRAUDULENT ACTS COMMITTED RELATIVE THERETO, PROVIDING PENALTIES AND FOR OTHER PURPOSES. PROHIBITED ACTS UNDER RA 8484
Section 9. Prohibited Acts
• producing, using, trafficking in one or more counterfeit access devices • trafficking in one or more unauthorized access devices or access devices fraudulently applied for • using, with intent to defraud, an unauthorized access device • using an access device fraudulently applied for • possessing one or more counterfeit access devices or access devices fraudulently applied for • producing, trafficking in, having control or custody of, or possessing device-making or altering equipment without being in the business or employment, which lawfully deals with the manufacture, issuance, or distribution of such equipment • inducing, enticing, permitting or in any manner allowing another, for consideration or otherwise to produce, use, traffic in counterfeit access devices, unauthorized access devices or access devices fraudulently applied for • multiple imprinting on more than one transaction record, sales slip or similar document, thereby making it appear that the device holder has entered into a transaction other than those which said device holder had lawfully contracted for, or submitting, without being an affiliated merchant, an order to collect from the issuer of the access device, such extra sales slip through an affiliated merchant who connives therewith, or, under false pretences of being an affiliated merchant, present for collection such sales slips, and similar documents • disclosing any information imprinted on the access device, such as, but not limited to, the account number or name or address of the device holder, without the latter's authority or permission • obtaining money or anything of value through the use of an access device, with intent to defraud or with intent to gain and fleeing thereafter • having in one's possession, without authority from the owner of the access device or the access device company, an access device, or any material, such as slips, carbon paper, or any other medium, on which the access device is written, printed, embossed, or otherwise indicated • writing or causing to be written on sales slips, approval numbers from the issuer of the access device of the fact of approval, where in fact no such approval was given, or where, if given, what is written is deliberately different from the approval actually given • making any alteration, without the access device holder's authority, of any amount or other information written on the sales slip • effecting transaction, with one or more access devices issued to another person or persons, to receive payment or any other thing of value • without the authorization of the issuer of the access device, soliciting a person for the purpose of: 1) offering an access device; or 2) selling information regarding or an application to obtain an access device; or
• without the authorization of the credit card system member or its agent, causing or arranging for another person to present to the member or its agent, for payment, one or more evidence or records of transactions made by credit card. SAMPLE CASES
• G.R. No. 210266 (ANTHONY DE SILVA CRUZ vs. PEOPLE OF THE
PHILIPPINES)
• G.R. No. 184274 (MARK SOLEDAD Y CRISTOBAL VS. PEOPLE OF THE
PHILIPPINES) SUAREZ, CHARMAINE GALE J. OLONG, APRIL JOY ASIONG, KERWIN DANGATAN, KEVIN ARMILLO, RAMON
