Legality and enforceability of electronic signatures in Philippines*
Electronic Signature Laws in the Philippines
In the Philippines, electronic signature is regulated by the Electronic Commerce Act of 2000. The law is supplemented by the Implementing Rules and Regulations for electronic signatures and the Rules on Electronic Evidence in part of digital signatures.
Electronic Signatures in the Philippines
Philippine laws establish two levels of electronic signatures: a simple electronic signature and a digital signature.
A simple electronic signature is any distinctive mark, characteristic, and/or sound in electronic form that:
- Represents the identity of a signatory.
- Is attached to or logically associated with the signed electronic document; and
- Is executed or adopted by the signatory with the intention of authenticating or approving an electronic document.
A digital signature is an electronic signature consisting of a transformation of an electronic document using an asymmetric or public cryptosystem such that a person having the initial untransformed electronic document and the signer’s public key can accurately determine:
- Whether the transformation was created using the private key that corresponds to the signer’s public key.
- Whether the initial electronic document had been altered after the transformation was made.
Default SignNow electronic signatures qualify as simple electronic signatures and can be used in the Philippines. However, only signatures provided through the SignNow eID Easy integration can have the status of a digital signature in the Philippines.
Validity of Electronic Signatures in Business and Court
Philippine laws adopt the general rule stating that information or documents cannot be denied legal effect, validity, or enforceability solely on the grounds that it is in electronic form.
Another general rule provides that the person seeking to introduce an electronic document or signature in any legal proceeding has the burden of proving its authenticity. An authentic electronic signature is equivalent to a handwritten signature.
There are two main ways to show the authenticity of electronic signatures. One way is to provide evidence that the executed signature is a digital signature. Another way - in case you executed a basic electronic signature - is to provide other means satisfactory to the judge, proving that:
- You used a signature method that, with a necessary degree of certainty, allows you to identify the signer, indicate the signer’s access to the electronic document, and capture the signer’s consent to use an electronic signature.
- That method is reliable and appropriate for the purpose for which the electronic document was generated or communicated in light of all the circumstances, including any relevant agreement.
- The signer thought they were bound by the signature.
- The other party is authorized and enabled to verify the electronic signature.
By using SignNow appropriately, you can ensure that your electronic signatures are accompanied by the evidence enough to satisfy all 4 requirements specified above.
Consent for the Use of Electronic Signatures in the Philippines
Philippine laws
do not directly require to obtain a person’s consent to use the electronic signature. However, when determining the validity of the signature, great attention must be paid to whether the signer’s conduct indicates that the signer consented to the use of an electronic signature.
* Disclaimer: This page is for informational purposes only. This page provides a background on the legal framework for electronic signatures in the respective country. This page is not legal advice and should not be used or relied upon as legal advice. You should seek legal counsel regarding any legal questions you have regarding the use of electronic signatures in this jurisdiction. To the maximum extent permitted by law, airSlate provides this page and the material on this page on an “as-is” basis. airSlate disclaims and makes no representation or warranty of any kind with respect to this page or the material on this page, express, implied, or statutory, including representations, guarantees, or warranties of merchantability, fitness for a particular purpose, or accuracy.
Last updated: September 2024