eSignature legality
in Philippines

Under Section 8 of the E-Commerce Act of 2000, the electronic signatures that satisfy the following conditions are only valid when:

In order to possess a similar presumption of enforceability and admissibility of a traditional wet ink signature, electronic signatures must adhere to the aforementioned requirements. Only an electronic document bearing an electronic signature that is verifiable through a certificate issued by a authorized certificate provider in the country of Philippines is deemed to be the legal equivalent of a traditional wet ink signature.

The Electronic Commerce Act of 2000 is the country’s primary legislation on E-Commerce. Under Section 3, the E-Commerce Act aims to facilitate domestic and international dealings, transactions, arrangements, agreements, contracts and exchanges and storage of information through the utilization of electronic medium, mode, instrumentality and technology to recognize the authenticity and reliability of electronic data messages or electronic documents related to such activities and to promote the universal use of electronic transactions in the government and by the general public. It recognizes, and further validates electronic documents as equivalent to paper documents, and electronic signatures as equivalent to handwritten signatures.

The E-Commerce Act, Sec. 5(e) defines an “electronic signature” as “any distinctive mark, characteristic and/or sound in electronic form, representing the identity of an individual and attached to, or logically associated, with the electronic data message or electronic document or any methodology or procedures employed or adopted by an individual and executed or adopted by such person with the intention of authenticating or approving an electronic data message or electronic document”.

The COVID-19 pandemic has radically changed our lifestyles and how one conducts business. Most non-essential companies have established completely remote work setups. This "new normal" has concentrated more attention on electronic means of transactions. The "new normal" in the age of Covid-19 proceeds to facilitate the use of eSignatures.

Certinal is making available the information and materials in this article for informational purposes only and is meant to help companies understand eSignature’s application in a legal framework. Laws change rapidly, and Certinal makes every reasonable effort to keep the content of this article current; hence Certinal makes no claims or representations that the information contained in this article is true, accurate, correct, or current. The law is different from jurisdiction to jurisdiction, and even similar laws may be interpreted differently in different courts or in other places. Since these factors differ according to individuals and businesses, Certinal is not liable for any consequence of any action taken by any third party relying on material/ information provided under this article. The contents hereof should not be construed as legal advice in any manner whatsoever. In cases you require any assistance, you must seek independent legal advice.