ELECTRONIC COMMERCE ACT REPUBLIC ACT NO.

8792 – MERCANTILE LAW

APPLICATION
ELECTRONIC COMMERCE ACT (REPUBLIC ACT NO. 8792 shall apply to any kind of electronic data
message and electronic document used in the context of commercial and non-commercial activities to include:
1) domestic and international dealings,
2) transactions,
3) arrangements,
4) agreements,
5) contracts and exchanges
6) and storage of information. (SECTION 4)

ELECTRONIC -- refers to information generated, sent, received or stored by electronic, optical or

DATA MESSAGE similar means.

ELECTRONIC -- refers to any distinctive mark, characteristic and/or sound in electronic form,
SIGNATURE representing the identity of a person and attached to or logically associated with the
electronic data message or electronic document or any methodology or procedures
employed or adopted by a person and executed or adopted by such person with the
intention of authenticating or approving an electronic data message or electronic
document.

ELECTRONIC -- refers to (DIFSO) Data, Information or the representation of information, Figures,

DOCUMENT Symbols or Other modes of written expression, described or however represented, by
(2018) which:
1) a right is established or an obligation extinguished, or
2) a fact may be proved and affirmed, which is received, recorded, transmitted, stored,
processed, retrieved or produced electronically.

ELECTRONIC -- refers to a secret code which secures and defends sensitive information that crosses
KEY over public channels into a form decipherable only with a matching electronic key.
(SECTION 5)

FACSIMILE IS NOT AN ELECTRONIC DATA MESSAGE OR ELECTRONIC DOCUMENT

Facsimile transmissions are not, in this sense, paperless, but verily are paper-based. It is, at best, an exact
copy preserving all the marks of an original.

Without the original, there is no way of determining on its face whether the facsimile pleading is genuine and
authentic and was originally signed by the party and his counsel. (G.R. NO. 170633)

REASON
A faxed document is but a copy of a paper-based document albeit electronically transmitted from the transmitting
machine (which creates the copy) and the receiving machine (which prints the copy).

By: Caffeinated Wisdom

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