PART V
Final Provisions
SECTION 44. Extent of Liability of a Service Provider. – Except as otherwise provided in this Section, no person or party shall be subject to any civil or criminal liability in respect of the electronic data message or electronic document for which the person or party acting as a service provider as defined in Section 6(n) of these Rules merely provides access if such liability is founded on:
a) The obligations and liabilities of the parties under the electronic data message or electronic document;
b) The making, publication, dissemination or distribution of such material or any statement made in such material, including possible infringement of any right subsisting in or in relation to such material: Provided, That
(i) The service provider: (1) does not have actual knowledge, or (2) is not aware of the facts or circumstances from which it is apparent, that the making, publication, dissemination or distribution of such material is unlawful or infringes any rights subsisting in or in relation to such material, or (3) having become aware, advises the affected parties within a reasonable time, to refer the matter to the appropriate authority or, at the option of the parties, to avail of alternative modes of dispute resolution;
(ii) The service provider does not knowingly receive a financial benefit directly attributable to the unlawful or infringing activity; and,
(iii) The service provider does not directly commit any infringement or other unlawful act and does not induce or cause another person or party to commit any infringement or other unlawful act and/or does not benefit financially from the infringing activity or unlawful act of another person or party;
Provided, further, That nothing in this Section shall affect –
a) Any obligation founded on contract;
b) The obligation of a service provider as such under a licensing or other regulatory regime established under written law;
c) Any obligation imposed under any written law; or,
d) The civil liability of any party to the extent that such liability forms the basis for injunctive relief issued by a court under any law requiring that the service provider take or refrain from actions necessary to remove, block or deny access to any material, or to preserve evidence of a violation of law.
Lawful Access
SECTION 45. Lawful Access to Electronic Documents, Electronic Data Messages, and Electronic Signatures. – Access to an electronic file, or an electronic signature of an electronic data message or electronic document shall only be authorized and enforced in favor of the individual or entity having a legal right to the possession or the use of the plaintext, electronic signature or file and solely for the authorized purposes.
SECTION 46. Lawful Access to Electronic Keys. – The electronic key for identity or integrity shall not be made available to any person or party without the consent of the individual or entity in lawful possession of that electronic key. The testimonial disclosure of an electronic key in any proceeding shall be limited by the Constitutional right against self-incrimination.
SECTION 47. Obligation of Confidentiality. – Except for the purposes authorized under the Act, any person who obtained access to any electronic key, electronic data message, or electronic document, book, register, correspondence, information, or other material pursuant to any powers conferred under the Act, shall not convey to or share the same with any other person.
Penal Provisions
SECTION 48. Hacking. – Hacking or cracking which refers to unauthorized access into or interference in a computer system/server or information and communication system; or any access in order to corrupt, alter, steal, or destroy using a computer or other similar information and communication devices, without the knowledge and consent of the owner of the computer or information and communications system, including the introduction of computer viruses and the like, resulting in the corruption, destruction, alteration, theft or loss of electronic data messages or electronic document shall be punished by a minimum fine of one hundred thousand pesos (P100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years.
SECTION 49. Piracy. – Piracy or the unauthorized copying, reproduction, dissemination, distribution, importation, use, removal, alteration, substitution, modification, storage, uploading, downloading, communication, making available to the public, or broadcasting of protected material, electronic signature or copyrighted works including legally protected sound recordings or phonograms or information material on protected works, through the use of telecommunication networks, such as, but not limited to, the internet, in a manner that infringes intellectual property rights shall be punished by a minimum fine of one hundred thousand pesos (P100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years. The foregoing shall be without prejudice to the rights, liabilities and remedies under Republic Act No. 8293 or Intellectual Property Code of the Philippines and other applicable laws.
SECTION 50. Other Penal Offenses. – Violations of the Consumer Act or Republic Act No. 7394 and other relevant or pertinent laws through transactions covered by or using electronic data messages or electronic documents, shall be penalized with the same penalties as provided in those laws.
SECTION 51. Other Violations of the Act. – Other violations of the provisions of the Act, shall be penalized with a maximum penalty of one million pesos (P1,000,000.00) or six-(6) years imprisonment.
Miscellaneous Provisions
SECTION 52. Statutory Interpretation. – Unless otherwise expressly provided for, the interpretation of these Rules and the Act shall give due regard to the Act’s international origin – the UNCITRAL Model Law on Electronic Commerce – and the need to promote uniformity in its application and the observance of good faith in international trade relations. The generally accepted principles of international law and convention on electronic commerce shall likewise be considered.
SECTION 53. Variation by Agreement. – Any provision of the Act may be varied by agreement between and among parties; Provided that such agreement involves only the generation, sending, receiving, storing or otherwise processing of an electronic data message or electronic document. Nothing shall authorize contracting parties to agree upon stipulations or covenants, which defeat the legal recognition, validity and admissibility of electronic data messages, electronic documents, or electronic signatures.
SECTION 54. Reciprocity. – All benefits, privileges, advantages or statutory rules established under this Act, including those involving practice of profession, shall be enjoyed only by parties whose country of origin grants the same benefits and privileges or advantages to Filipino citizens. Inasmuch as the Act merely contemplates the legal recognition of electronic forms of documents and signatures and does not amend any law governing the underlying substantive validity of acts or transactions, this provision shall be subject to existing Constitutional and statutory restrictions relative to activities which are reserved to Philippine citizens or juridical entities partially or wholly-owned by Philippine citizens.
SECTION 55. Oversight Committee. – There shall be a Congressional Oversight Committee composed of the Committees on Trade and Industry/Commerce, Science and Technology, Finance and Appropriations of both the Senate and House of Representatives, which shall meet at least every quarter of the first two years and every semester for the third year after the approval of this Act to oversee its implementation. The DTI, DBM, Bangko Sentral ng Pilipinas, and other government agencies as may be determined by the Congressional Committee shall provide a quarterly performance report of their actions taken in the implementation of this Act for the first three (3) years.
SECTION 56. DTI’s Continuing Authority to Implement the Act and Issue Implementing Rules. – Among others, the DTI is empowered to promulgate rules and regulations, as well as provide quality standards or issue certifications, as the case may be, and perform such other functions as may be necessary for the implementation of this Act in the area of electronic commerce.
SECTION 57. Separability. – If any provision in these Rules or application of such provision to any circumstance is held invalid, the remainder of these Rules shall not be affected thereby.
SECTION 58. Effectivity. – These Rules shall take effect fifteen (15) days from the complete publication thereof in a newspaper of general circulation.
Done this 13th day of July, 2000.
(SGD.) MANUEL A. ROXAS II
Secretary Secretary
Department of Trade and Industry
(SGD.) BENJAMIN E. DIOKNO
Department of Budget and Management
(SGD.) RAFAEL B. BUENAVENTURA
Governor
Bangko Sentral ng Pilipinas
ANNEX I
UNIFORM CUSTOMS AND PRACTICE. 500 (UCP)
Art. 23. Marine/Ocean Bill of Loading
23.1 Late delivery, Misrouting, Mishandling, Loss and Damage
23.2 Customs Duties and Taxes
23.3 Port Charges i.e. Arrastre Wharfage
23.4 Inbound Shipment-Cargo Handler/Operator
23.4.1 Warehouse Operator
Art. 24. Non-Negotiable Seaway Bill
24.1 Claim – ibid
24.2 Customs Duties and Taxes
24.3 Port Charges i.e. Arrastre Wharfage
24.4 Inbound Shipment-Cargo Handler/Operator
24.4.1 Warehouse Operator
Art. 25. Charter Party/Bill of Lading
25.1 Claim – ibid
25.2 Customs Duties & Taxes
25.3 Port Charges i.e. Arrastre Wharfage
25.4 Inbound Shipment-Cargo Handler/Operator
25.4.1 Warehouse Operator
Art. 26. Multi-Modal Transport Docs.
26.1 Late delivery, misrouting, mishandling, loss and damage
26.2 Customs, duties, and taxes
26.3 Port charges i.e. arrastre wharfage
26.4 Inbound shipment-cargo handler/operator
26.4.1 Warehouse operator
Art. 27. Airport Transport Documents
27.1 Claim – ibid
27.2 Customs duties & taxes
27.3 Airport charges
27.4 Inbound shipment-cargo handler/operator
27.4.1 Warehouse operator
Art. 28. Road, Rail, or Inland Waterway Transport Documents
28.1 Claim – ibid
28.2 Customs Duties & Taxes
28.3 Terminal charges
28.4 Inbound shipment-cargo handler/operator
28.4.1 Warehouse operator
Art. 29. Courier and Post Receipts
29.1 Late delivery, misrouting, mishandling, loss & damage
29.2 Customs duties & taxes
29.3 Postal authority charges
29.4 Inbound shipment-cargo handler/operator
29.4.1 Warehouse operator
Art. 30. Transport Documents issued by freight forwarders
30.1 Claim – ibid
30.2 Customs duties & taxes
30.3 Port charges i.e. arrastre wharfage
30.4 Inbound shipment-cargo handler/operator
30.4.1 Warehouse operator
ANNEX II
a) the sophistication of the equipment used by each of the parties;
b) the nature of their trade activity;
c) the frequency at which commercial transactions take place between the parties;
d) the kind and size of the transaction;
e) the function of signature requirements in a given statutory and regulatory environment;
f) the capability of communication systems;
g) compliance with authentication procedures set forth by intermediaries;
h) the range of authentication procedures made available by any intermediary;
i) compliance with trade customs and practice;
j) the existence of insurance coverage mechanisms against unauthorized messages;
k) the importance and the value of the information contained in the data message;
l) the availability of alternative methods of identification and the cost of implementation;
m) the degree of acceptance or non-acceptance of the method of identification in the relevant industry or field both at the time the method was agreed upon and the time when the data message was communicated; and
n) any other relevant factor.
