I. Introduction: In this age of movable phone shopping, online bookings, web domiciled advancements and collective networking, genuine affair-post proceedings and sanction applications can now be served via the internet. As existing as June, 2000, the Philippine parliament through the Senate and the House of Representatives favorite the E-Commerce Law in avowal of the influence role of lowerstandledge and notes technology (ICT) in realm-building. Notorious as the "Electronic Duty Act of 2000" or House Beak No. 971, the act was byed consequently of the scarcity to imagine an lowerstandledge-neighborly environment which accelerations and fixs the availability, disbarfashion and affordpower of ICT products and utilitys that supplys for the avowal and use of electronic proceeding and instruments in the empire. The beak too recognizes the calling of the special sector in contributing investments and utilitys in telecommunications and lowerstandledge technology as polite as the scarcity to amplify mismismisdivert inoculation programs and institutional cunning changes.
The House Beak besides took lowerstandledge of the anthropological media complicated in the use of ICT, the population prime of unreserved and utilizing electronic appliances and computers and its compulsion to prepare the translate and advancement of congruity of these technologies. But, in ordain to fix netapplication assurance, connectivity and non-interference of technology for the open profit, lowerstandledge infrastructures comprised of telenote networks and lowerstandledge utilitys shall be unembarrassed and deployed.
E-duty is a administration that involves not uncompoundedly those proceedings that feeling on buying and selling of movables and utilitys to undeviatingly commencementate wealth, but besides those proceedings that acceleration wealth race, such as generating call-for for those movables and utilitys, offering sales acceleration and customer utility, or facilitating notes incompact affair-post partners. II. Retenure and Analysis of integral preparation: Ordinance of Cunning Minority 1 : Near desigrealm It states the desigrealm of the act which is notorious as the "Electronic Duty Act of 2000"
Section 2: Declaration of Policy. Retenure and Analysis: This preparations explains the satisfied of the cunning, which imagines an environment neighborly to aid the ICT products and utilitys in an affordable way so that it can amplify the inoculation programs, cunning of institutions, anthropological media, the drudge sinew, the applications of electronic appliances specially the computer administration. It aids besides the technology so that the netapplication assurance and the connections of technology in the empire earn be shelter or guarded.
It concedes produce to the realm in preparations of organizing the ordainment of the empire’s lowerstandledge infrastructures and the intelligence incompact note networks and lowerstandledge utilitys which connects to the global netapplication in a yieldable act on its administrations and facilities. In my theory the ordinance of the cunning has an utility in our empire consequently it executes the affair-post courage delay the use of ICT be a amiable-natured-natured-natured-natured-tempered-natured-natured proceedings in global negotiates that accelerations our proceeds and produce confirmion, that’s a acceleration for our empire’s budget.
Declaration of Principles for Electronic Duty Advancement Minority 3. External Retenure and Analysis: In this preparation, It discusses the principles of the E duty advancement which states the role of the parliament, integral parliament administrative must be honorable in giving distributes and yieldance in the closing of anthropological media and vindicate the dishonorable amiable-natured-natured-natured-natured-tempered-natured, their precipitations and views should be fulfiled in the advenient and supply the necessities. The holdion of the special sector and in making the cunning should be confused.
As the role of the special sector, the E duty amplifyment must be distantned in negotiate sinews and they must hunt a honorable competitive negotiate. The Interopen coordirealm and harmonies earn execute the parliament policies that influence the e duty to be prepared in a unified environment for amiable-natured-natured-natured-natured-tempered-natured-natured scales. In Neutral Tax Treatment, it earn direct the proceedings in the use of e duty that must confirm an unjaundiced or honorable tax tenor in comparing proceedings in non-electronic and taxation of e duty and that must be managed in a meanest unamempower peel.
In the shelter of the users, they must confirm concealment or not be unguarded delay commendations to courage led solutions, it shall be acquiesced delay the law that affair-post must be proficonsultation to the consumers and the affair-post users must not confirm a manifestation to the common and environment. E duty sensibleness points to the parliament and the special sector, they earn notify the sociality environing the power of the e duty and the impression of it in economic foundations. The parliament earn supply opportunities to SMES, polite it earn supply investments in lowerstandledge technologies and aid capitals for them.
The parliament earn besides supply skills amplifyment for the employees commencementated delay e duty but they should stagnant aid non or ceremonious skills amplifyment programs. They earn besides supply online causesbase for sanity utilitys, common libraries, in this incident I reckon it earn be easier for us to perceive our scarcityed lowerstandledge. Internet users earn confirm an induced estimation in the commandance of the inclostable state administration as polite as the approximation to common inclostable lowerstandledge.
All of the principles is notifyative and aidful in a way that our empire earn confirm an easier application and animation consequently of technology and a amiable-natured-natured-natured-natured-tempered-natured-natured aid to our husbanding. Chapter III – External and Sphere of Application Minority 3: External Retenure and Analysis: In this preparation, it discusses the deep view of the law, which hunts a domiciliary and interopen marketings and bargains delay the storage of lowerstandledge through the use of electronic technology so that the electronic instruments of activities earn be verified.
The act besides aids the usage of electronic proceedings in parliament and common to cosmos-peoplewide. Despite these boon and externals, divers are stagnant skeptical on the ways supplyd beneathneathneath the law to fix the candor and assurance of these electronic proceedings. Most of them interrogation the admissibility and signalificance immovable to electronic Nursing essay, its authenticity and candor as polite as the peel used to demonstrate the concordant, and the impression of its yieldable avowal on the Philippine yieldable administration. Minority 4. Sphere of Application
In this minority, this act must application to any peel of electronic causes note and instrument that is utilized in the incident of reciprocationable and non reciprocationable activities possess what the minority 4 produceal, which are to involve domiciliary and interopen proceedings. In this minority, it tells that the external of the law must confirm a amiable-natured-natured-natured-natured-tempered-natured-natured custom and it should be used not uncompoundedly stating these boon but should beseem penny. PART II ELECTRONIC COMMERCE IN GENERAL Chapter I – Open Stipulations Minority 5: Specification of Terms
In these preparation, it discusses the specifications of preparations. The Addressee is a solitary who is calculated by the doer to penetratetain the electronic causes note or electronic instrument, but does not involve a solitary acting as an intermediary delay esteem to that electronic causes note or electronic instrument. Interchangeable Activities must be immovable a distant exposition so that it earn adjustspread the matters from the skinredhips of a reciprocationable either curtailual or not. It refers to the marketings delay the propers of questionive proprietorship.
It besides discussed the specification of computer where in it’s the deep spring of e duty activities that supply connecting proceedings and causesbases. I besides polite-behaved-behaved-mannered-behaved-informed environing the mob where in it is the power of divergent netapplication platforms to relegate any peel of utility; and the forthcoming simultaneously of consumer projects. The Electronic causes note explained that it is besides an reciprocation delay electronic instrument where in there are lowerstandledge fix-of-businessd by media of electronic. The ICT, it a administration that is used for waying electronic instruments as polite as archivesing the causes.
Electronic attestation refers to any distinctive vestige, peculiarity and/or investigate in electronic produce, representing the convertibility of a solitary and immovable to or logically associated delay the electronic causes note or electronic instrument or any wayology or acts occupied or uniteed by a solitary and fulfiled or uniteed by such solitary delay the guile of authenticating or flattering an electronic causes note or electronic instrument. Electronic key refers to a unseen enactment, which vindicates and defends perceptive lowerstandledge that crosses adjust common channels into a produce plain uncompoundedly by itself or delay a matching electronic key.
This vocable shall involve, but not be poor to, keys fulfiled by one key cryptosystems, common key cryptosystems or any other concordant way or way, which may hereafter, be amplifyed. Intermediary refers to a solitary who in aid of another solitary and delay esteem to a detail electronic causes note or electronic instrument casts, penetratetains and/or fix-of-businesss or supplys other utilitys in esteem of that electronic causes note or electronic instrument. Non-Commercial Activities are those not gliding beneathneathneath reciprocationable activities.
Originator refers to a solitary by whom, or on whose aid, the electronic causes note or electronic instrument purports to confirm been imagined, commencementated and/or sent. The vocable does not involve a solitary acting as an intermediary delay esteem to that electronic causes note or electronic instrument. Solitary media any cosmical or forensic solitary including, but not poor to, an solitary, fortification, troop, flexure experiment, unincorporated friendship, expectation or other forensic life, or any parliamental antecedent.
Service supplyr refers to a supplyr of online utilitys or netapplication approximation. Delay acceleration of specifications and preparations, it is easier to beneathneathstand what is e duty all environing and what are the skinred of these preparations to this law, consequently the law constantly pertains to electronic commonalty, activities so by this description, we earn be chosen delay the satisfied of the law. Chapter II – Allowable Avowal of Electronic Grounds Messages Allowable Avowal of Electronic Grounds Messages and Electronic Documents Minority 6: Allowable Avowal of Grounds Messages Retenure and Analysis:
In this preparation, it says that integral lowerstandledge in the produce of electronic causes note or instrument must be favorite constantly in a yieldable resolve. It says that the solitary should supply a written lowerstandledge to another solitary in change to electronic causes note or instrument. The non electronic produce of causes must coalesce the accomplishments of the preparation of the lowerstandledge and must be the concordant as the produce of electronic causes note or instrument. The application of the accomplishment of the law has no condition for the lowerstandledge to be displayed delay span or colonization until a authoritative equiponderant earn be tooled.
The authoritative equiponderant, says that electronic instruments can nincessantly be the concordant as pamphlet stamp, they stagnant confirm disagreement. But electronic instruments can do the resolve of pamphlet stamp of instruments possess for sample as a archives or causesbase of lowerstandledge from the pamphlet. So I reckon the electronic causes note can hinder the pamphlet domiciled instrument by the solitary who transcribe, and its stagnant divergent from each other consequently the initiatory produce of the lowerstandledge is in written produce period the electronic causes note are in computerized stamp.
Sec 7 Allowable Avowal of Electronic Documents Retenure and Analysis: In this preparation, it discusses the electronic attestations that are now regular to be equiponderant to the attestation of a solitary on a pamphlet domiciled instrument, it explains the acts supplyd on it possess a way used to state the benjoin to penetrate to the electronic instrument that is scarcityed for his acclamation through the electronic attestation. It is mismismisdivert for its resolve for the electronic instrument where in it was commencementated delay any bargain.
With this plight, It is scarcityed to the said benjoin so that it earn go to the proceeding delay electronic attestation period the other benjoin earn confirm an approximation to demonstrate it and for them to run to go afashion delay the stream of proceeding cogent by the concordant way. Polite this serves a amiable-natured-natured-natured-natured-tempered-natured-natured proceedings of curtails delay use of electronic attestations from solitary to another solitary. Sec. 8. Allowable Avowal of Electronic Signatures
This preparation examined some momentous yieldable childrens associated delay electronic attestations. I reckon the parliament should conclude out delay some parliament. There should be some peel of parliament that should be out in our empire that says that electronic attestations are an grateful produce and can yieldablely supply pamphlet-domiciled produces of attestation. Then uncompoundedly we affair-postes may be reckoning of using it. Sec 9 Anticipation Relating to Electronic Signatures
In this preparation, it explains the electronic attestation correlations, it media that this was apossess by the solitary delay the guile of premonitioning in the acclamation of the electronic instrument but the solitary depending on the electronic instruments perceives or notes a defects wich the attestation has no dependency earn not be affixed. This media that when Solitary A’s attestation is immovable to a instrument, one may deem that it is A’s attestation and that he was the one who attested it delay the guile of premonitioning or flattering the concordant.
I reckon this is proper so as they can amply expose a solitary’s attestation electronically. Minority 10 Initiatory Documents It explains that the law requires lowerstandledge to be deeptained in its initiatory produce, the candor of the electronic instrument from the span it was imagined in its ultimate produce is pretextn by aliunde which media it is an Nursing essay clarifying a instrument but not deriving from the instrument itself, incorrectly the lowerstandledge is has the power to be displayed to the solitary whom it is to be presented. This media that it applies whether the accomplishment is in he produce of an compulsion or the law barely supplys consequences for the lowerstandledge not life presented or deeptained in its initiatory produce. This preparation of law earn be a numerous acceleration to those who go to flatter presenting electronic Nursing essay. Period the old protostamp could uncompoundedly purpose of initiatory instrument as life openly one, this adjustspreads the way for the substance of divers initiatorys as crave as the preparation’s criteria of candor and relipower are met. Minority 11: Notoriety of Electronic Grounds Messages and Electronic Documents
This minority explains that the electronic attestations must be cogentated by Nursing essay than a despatch associated delay an electronic causes note or instrument in a assurance act. And it can expose fallacys or change of note, The greacriterion flatter may unite such notoriety acts, including the use of electronic notarization administrations as scarcitys, as polite as the certificate of notoriety on printed or constrained copies of the electronic instruments or electronic causes notes by electronic notaries, utility supplyrs and other certification authorities. It supplys the administrations on Nursing essay.
Prone to the divergent geniuss of electronic causes notes vis-a-vis pamphlet or other objects, notoriety acts earn confirm to be divergent too. This law requires for electronic causes notes to be verified by cogentating a claimed convertibility of a user, project, or lowerstandledge administration. Electronic attestations are to be verified by Nursing essay that a reputation or genius representing the solitary stated t immovable to or that an mismismisdivert technology or assurance was used delay the guile of authenticating or flattering the electronic instrument. Minority 12.
Admissibility and Evidential Significance of Electronic Grounds Note or electronic instrument. In this minority, it serves as a manage to a causes note is unconcealed in Nursing essay and to how abundantly signalificance is to be immovable them . It says that there’s no administration shall pay the causes note that is not unconcealed on the uncompounded cause that it is in electronic produce or on the cause that it is not in the scale written produce. Evidential signalificance is to be immovable such electronic instrument forthcoming assessing the relipower of the peel in which the doer was verified, and other pertinent factors confirm been immovable due esteem.
Section 13, Retention of Electronic Grounds Note or Electronic Document. In this preparation, it explains that electronic causes note or initiatory produce must redeep usable for concern and it earn deeptain the produceat when it was sent or penetratetaind, It executes us fulfill the doer, the orationee which was explained in minority 6, it besides states the span and continuance of the electronic causes note. The solitary required to deeptain the produces can do it in a divergent way by using the utilitys of a third border. Possess for sample, the BIR, call-fors the vindication of avail for at meanest three years, so that they can audit it.
The movables is that this can succor affair-post fortifications from having to practise the required instruments in pamphlet produce. It would be a amiable-natured-natured-natured-natured-tempered-natured-natured way to approximation the avail and easier to perceive. Minority 14. Nursing essay by Affidavit, This preparation besides matters in minority 12 and 9, it earn confirm for alloted to confirm by an affidavit immovable to the deponent. So that it would notify the deponent environing the propers of parties. This is aidful as the accomplishments may examine to be advance call-foring and set in one’s way. Minority 15. Cross – Examination.
In this minority it discusses that in any assertion contained in affidavits and pretextn in flatters, are question to the proper of the solitary counter whom the affidavit is fulfiled so that it can criterion the atonement and fidelity of the affidavit by cross-examination, which media the interrogation of a cognizance stated by one's adversary. As I beneathneathstand,the way of cross-examirealm is deemd to be true consequently most cognizancees conclude impertinent to acceleration one forthcomingality or the other. In the incident of the guard, a cognizance piiveness adjustlook true lowerstandledge which the prosecution piiveness perceive animated or pertinent.
A prosecution cognizance piiveness, too, adjustlook lowerstandledge. Cross-examirealm fixs that the affliction is honorable, and that all lowerstandledge is gonerely out on the consultation. CHAPTER III. COMMUNICATION OF ELECTRONIC DATA MESSAGES OR ELECTRONIC DOCUMENTS Minority 16. Formation of Nerve of Electronic Contracts. In this preparation it says that a curtail is a coalesceing of the minds and openly could confirm whatincessantly figure or produce, divers of them are stagnant cautious of that curtails penetrateed into electronically may attack some problems.
Many proceedings and other produces of occupation are now directed electronically. For sample, most commonalty earn at meanest be conversant delay, if not repeated users of, ATMs situated outlaterality or inlaterality banks. When a bank’s customer delaydraws capital or uses an ATM for other resolves, an electronic proceeding confirms assign. Advance and advance affair-post is now fulfiled electronically, frequently delay the parties nincessantly physically coalesceing each other. Online shops, for sample, yield possible customers to browse, prime and alienation movables delayout incessantly scrutiny a salessolitary for direction or coadjutorship.
Negotiations, giving quotes or submitting tenders for application may all be fulfiled electronically and really are. A numerous market of lowerstandledge is now byed electronically delayin frames and from one frame to another. This all raises a enumerate of yieldable interrogations, specifically delay esteem to electronic curtails. Some of the most momentous childrens involve whether an electronic curtail is cogent, that is, whether it must relinquish delay true ceremoniousities, whether electronic attestations are penetrable as Nursing essay of fixed and bargain, and what law applies to an electronic curtail.
Section 17. Avowal by Parties of Electronic Grounds Note or Electronic instrument. In this preparation, it says that the doer and the orationee of an electronic causes note or electronic instrument, a ordinance of earn or other assertion must not be spoiled yieldablely, cogbeing or enforcepower uncompoundedly on the cause that it is in the produce of an electronic causes note or electronic instrument. Minority 18. Attribution of Electronic Grounds Message.
This minority says that of the doer if the doer him/herself sent it and it was sent by an lowerstandledge administration programmed by or on aid of the doer to produce automatically. The orationee is used to pertain an electronic causes note or electronic instrument as polite as the doer. The orationee must application a act which the doer favorite and as the orationee penetratetains the electronic note which fruits from the holdion of a solitary, it earn empower to approximation a way to fulfill electronic note or instrument on his own way.
An electronic note is reputed to be sent by the doer of the note if it is sent by a solitary who has the antecedent to act on aid of the doer in esteem of that note or if the note is sent by an lowerstandledge waying administration programmed by, or on aid of the doer to produce automatically. The belief that one has to physically put pen to pamphlet to premonition a curtail is now a creature of the departed.
A solitary who penetratetains an electronic note is entitled to esteem the note as life that of the doer negative in persuasions where he has penetratetaind note from the doer that the note was not sent by him or the orationee knew or should confirm notorious that the note was not sent by the doer had he applicationd culm economy. Doer doesn’t involve Intermediary. For sample, Solitary A uses his yahoo truthfulness to cast an email note to solitary B which is the orationee. Here, Solitary A is the doer & Yahoo is the intermediary. Solitary A is on recreation.
During recreation he has crusty his recreation responder on delay the forthcoming note:“Thank you for your email. I am on recreation, earn response your mail as quickly I get end”. Here, though solitary A has programmed an lowerstandledge administration to produce automatically on his aid. Stagnant Solitary A is the “originator” in this incident. Minority 19. Fallacy on Electronic Grounds Note or Electronic Document. In this preparation, it explains that the transmission of electronic causes note incompact the orationee and the doer that fruited in fallacy, it earn penetrate to the stated lowerstandledge administration or which is not stated by the orationee for the resolves.
Section 20. Barfashion on Acknowledgement of Voucher of Electronic Grounds Note or Electronic Document. In this preparation the doer has not acquiesced delay the orationee that the voucher of voucher of electronic archives be immovable in a detail produce or by a detail way, in any note by the orationee earn be automated or incorrectly any direct of the orationee, suited to state to the doer that the electronic archives has been penetratetaind. The doer has not acquiesced delay the orationee that the acknowledgement be iven in detail way, an acknowledgement may be immovable by or through any note by the orationee, automated or incorrectly, or any direct of the orationee, suited to state to the doer that the electronic causes note or electronic instrument has been penetratetaind. The doer has produceal that the movables or premonitionificance of the electronic causes note e or electronic instrument is damageed on voucher of the acknowledgement thereof, the electronic causes note or electronic instrument is writeed as though it has nincessantly been sent, until the acknowledgement is penetratetaind.
What respectfully did the doer of the note evidence to cast? Underneath the Act, there is a anticipation that the electronic note is what the doer calculated to cast, and the orationee can act on that anticipation cosmical the doer can prequotation that the orationee knew or should confirm notorious that the electronic note penetratetaind was an fallacy. Consequently parties to a reciprocationable proceeding confirm to confirm precautions to fix that any notes to be sent contains respectful lowerstandledge and are really calculated for the fix-of-business.
For sample, Solitary A casts an email to Solitary B scrutiny her that he would possess to alienation a car and would possess to lowerstand the prices of the cars proficonsultation for sale. Solitary B in concede-end casts solitary A schedule of prices of the cars proficonsultation for sale. Now this holdion of Solitary B is suited to state to solitary A (the doer) that his email (i. e. the electronic archives) has been penetratetaind by the orationee. Minority 21.
Time of Hasten of Electronic Grounds Messages or Electronic Documents. In this preparation, delay commendations to the children of span of hasten, an electronic note is reputed by the Act to be sent when it penetrates an lowerstandledge waying administration outlaterality the administer of the doer. Consequently it would answer that the span of hasten earn be when a solitary clicks the ‘Send’ dot when e-mailing or the ‘Buy/Purchase’ dot on an online fix-of-business.
An electronic note is reputed to be penetratetaind when the note penetrates the stated lowerstandledge administration (where there is a stated administration), for persuasion, when a note penetrates the inbox folder of an e-mail truthfulness, or where there is no stated administration, when the orationee concludes to lowerstand environing the note. Where the parties acquiesce or the doer requests that voucher of the electronic note is current, that note earn be writeed as though it has nincessantly been sent until the voucher is penetratetaind.
If the way of voucher has not been acquiesced by the parties, any voucher (automated or incorrectly) or any direct of the orationee which is adapted to state voucher, earn be-abundance as voucher. Sample of this: Solitary A composes a note for solitary B. At respectfully 12. 00 noon she presses the “Send” dot. When she does that the note leaves her computer and begins its excursion adjust the Internet. It is now no craveer in Solitary A’s administer. The span of hasten of this note earn be 12. 00 noon. Minority 22. Span of Voucher of Electronic Grounds Messages or Electronic Documents.
This preparation explains that the span of voucher of an electronic note is the span when it beseems prime of life retrieved by the orationee at an electronic oration stated by the orationee. The span of voucher of an electronic note at another electronic oration of the orationee is the span when it beseems prime of life retrieved by the orationee at that oration and the orationee beseems sensible that the electronic note has been sent to that oration. An electronic note is deemd to be prime of life retrieved by the orationee when it reaches the orationee’s electronic oration.
Section 23. Aspremonition of Hasten and Voucher of Electronic Grounds Messages or Electronic Documents. - How does one state the colonization of hasten and voucher of electronic notes? The Act deems an electronic note to be sent from the doer’s aspremonition of affair-post and penetratetaind at the orationee’s aspremonition of affair-post. If there is advance than one aspremonition of affair-post, it earn be deliberateed sent from the aspremonition of affair-post that has the closest skinredhip delay the proceeding or in the nearness of that, from the foremost aspremonition of affair-post.
In mode where the doer or orationee has no aspremonition of affair-post, it earn be reputed sent or penetratetaind, as the incident may be, at the doer’s or orationee’s wonted aspremonition of sojourn. Sample of this is: solitary A has penetrateed into curtail delay a US domiciled troop. Troop has its server in Brazil. Equable if the troop has its mail server located physically in Brazil, the aspremonition of voucher of the ordain would be the troop’s affair-post in USA. Minority 24. Select of Assurance Methods. This preparations explains the select of stamp or equalize of assurance for their own resolves is regular in this minority .
But stagnant, this is finder to administrations and managelines which parliament can state in preparations of e- duty proceeding assurance. In my theory, assurance is may-be one of the numerousest concerns of the millions of users that routinely substitute causes adjust the Web or fix-of-duty lowerstandledge in computers which may be approximationed by distrusted parties. The parliament should vindicate the trustworthyity and candor of causes life translatered or fix-of-businessd, they scarcity to amplify a new scale which defines verified encryption mechanisms that supply an optimum equalize of assurance.
PART III ELECTRONIC COMMERCE IN CARRIAGE OF GOODS Minority 25. Actions Allied to Contracts of Demeanor of Goods. This preparation explains that the law is deattested to application to holdions on curtails allied to demeanor of movables. What is figured is that airway beaks, beaks of consignment, avail, sales, translates of proprietorship, and other instruments or pamphlets allied to demeanor of movables by fix, sea, or air may now be fulfiled electronically. For sample, buying online gadgets through the net, it is by shipping acts.
Section 26. Transport Documents. In this preparation, It follows consequently that electronic instruments prepared and completeed though online basis are as momentous and cogent as that of express use of pamphlet instruments. This is according to SEC. 26 beneathneathneath Transport Documents where the law requires that any holdion referred to curtail of demeanor of movables be carried out in answerableness or by using a pamphlet instrument, that accomplishment is met if the holdion is carried out by using one or advance causes notes or electronic instruments.
In approximately all electronic proceedings, online ordains are question to a authenticity act directed by the fix-of-duty for their shelter as polite as customers from belief card injury or convertibility robbery. This is a regular act to demonstrate that the card proprietor or that ordain and that ship-to lowerstandledge are genuine. This way sometimes delays an ordain, and openly requires either a mere call-end which can be fulfiled through phone calls or by fax notes. The B fix-of-duty for sample stresses the signalificance of lowerstanding what “bill-to nformation” on the checkout way media. The beak-to oration is the oration to which your bank mails your monthly belief card assertion. The beak-to oration you concede the fix-of-duty must acquiesce delay the oration that the card issuing bank has on rasp. Then, be stable to supply the redress lowerstandledge, equable if the items are to be shipped to a divergent colonization. PART IV ELECTRONIC TRANSACTIONS IN GOVERNMENT Minority 27. Parliament Use of Electronic Grounds Messages, Electronic Documents and Electronic Signature.
In this preparation, it says that the parliament must confirm vindications and creations of electronic causes notes or instrument possess childrens in sanctions, licenses and its acclamation produce and isstable avail in the produce of electronic. As polite as the parliament affair-post proceedings and it is verified to unite administrations and regulations in the produce of electronic instruments. In a near explarealm all instruments that they earn imagine should be in the produce of electronic instruments or causes notes and verified by electronic attestations as polite. Minority 28.
RPWEB Aid the Use of Electronic Documents or Electronic Grounds Messages in Parliament and to the Open Public. In this preparation, it explains that RPWEB’s role in the use of electronic instruments or causes notes. They must be the primal platproduce of the GII which stands for parliament lowerstandledge infrastracture to administer the electronic online transmission and carrier of parliament utilitys to imexamine rectify technologies or peels and electronic online distant area networks utilizing, but not poor to, fiber optic, attendant, wireless and other broadband telecommunications.
To sum up, RB web’s greater labor is to . Interconnect all parliament affair-posts and units, including schools, colleges and universities, parliament fortifications, as polite as those at the persomal equalize, by authorizing the use of savings for Internet approximation, through any Internet Utility Provider (ISP) in their area, to prepare faster note and causes reciprocation in parliament. Interconnect all ISPs through Internet substitutes for numerouser connectivity incompact users in the empire. Speed up toolation of the telephone roll-out programs, articularly in unserved areas in the empire. So that our empire earn hava a rectify technology. Minority 29. Antecedent of the Department of Occupation and Courage and Participating Entities. In this preparation, it empowers the DTI to aid and amplify electronic duty as polite as to propound administrations and regulations, supply character scales or children certifications in the pursuance of this Act’s guiles. I was very satisfied to see this attack by the DTI to amplify electronic duty in our empire.
I concern that this act earn be tooled for the economic advenient of the empire; electronic duty and the amplifyment of new network-domiciled common utilitys is clexisting set to beseem a greater confederate to empire’s economic enlargement adjust the proximate decade. The DTI has a very momentous role to delineate to fix that the possible produce for the common, for SMEs and for parliament can be realised immediately and in a defended peel. PART V FINAL PROVISIONS Minority 30. Extent of Lipower of a Utility Provider.
This preparation explains the liablilities of the utility supplyr, It liberateds ISPs from lipower if they can examine that they had no lowerstandledge of the incident of the alleged act, and that they had confirmn suited steps to frustrate a varyation. However, the existing preparation does not clexisting enjoin lipower conditions of utility supplyrs. For sample, if a solitary executes a truthfulness to a utility supplyr claiming copyproper on the representative proficonsultation on the network, earn the utility supplyr be damageed if he fails to confirm steps delayin a culm span to dislodge the infringing representative from the network?
If the utility supplyr fails to frustrate disturbance of copyproper in the overhead mode, is the entreaty of not having lowerstandledge of disturbance stagnant proficonsultation to him? If the utility supplyr dislodges the representative from the netapplication in pursuance to the truthfulness made by a solitary which forthcoming on examines mendacious, earn the utility supplyr be damageed to the solitary whose representative has been dislodged? The lipower of utility supplyrs for copyproper disturbance must be made advance plain.
The act must involve minoritys that oration the financial sight of the proceeding, and the skinredhip incompact an ISP and a third border, consequently this is influence to determining the convertibility of the violator. So that if any solitary delay lowerstandledge of the infringing courage, induces, causes, or representatively contributes to the infringing direct of another, the solitary can be made damageed. In ordain to be liberated from impost, the act requires the utility supplyr to application due diligence to frustrate the embassy of copyproper disturbance.
The Act does not supply the signalification of the vocable due diligence. If due diligence media policing each and integral sight of the Internet, it can manage to forfeiture of concealment and can so-far confirm a luckless movables. There is a scarcity for a concord on the signalification of the vocable due diligence consequently the earliest character of ISPs is to establish the Internet, not to delineate the role of a policeman. If the conduct of an ISP is culm, then that ISP should not be held damageed for each and integral courage on the Internet as has been held by the flatter.
Section 31. Fair Access. In this preparation, it explains that that approximation to an electronic rasp, attestation or instrument shall be poor uncompoundedly to those that are verified to hold and use it. Electronic keys used for convertibility and candor may uncompoundedly be made proficonsultation to another upon acquiesce of the solitary in fair holdion of the key. Minority 32. Compulsion of Confidentiality. This preparation explains that those who procure approximation to an electronic key, attestation or instrument not to relegate or distribute the concordant delay another.
These two minoritys are momentous in that it recognizes that these rasps are proprietorship of an solitary and can be holded uncompoundedly by another upon the acquiesce of its proprietor. It advance recognizes the concealment and solitaryal sort of the key by compliant those who gets to hold it not to distribute it delay others. In my own theory, the solitary must penetratetain the lowerstandledge in dependence. That media that he or she must be asked to write the lowerstandledge as trustworthy or it must be explicit to him or her that the lowerstandledge is immovable in dependence.
The best way to do that is to ask the solitary to premonition a trustworthyity bargain. That is not in itself adapted. Precautions must be confirmn (and seen to be confirmn) to practise the lowerstandledge unseen such as logging instruments and manifestations, practiseing representatives beneathneathneath lock and key and extracting trustworthyity bargains. Minority 33. Penalties. - The forthcoming Acts, shall be penalized by presumptuous and/or restraint, as follows: In this preparation, childrens in assurance and penalties are orationed in it.
The varyations are the ff: hacking, is any approximation in ordain to depraved, vary, purloin, or undo using a computer or other concordant lowerstandledge and note projects, delayout the lowerstandledge and acquiesce of the proprietor of the computer or lowerstandledge and notes administration. For sample, an immature who would nincessantly deliberate galaxy someone's crib or physically wrongful someone else's proprietorship or home, piiveness be wholly earning to purloin commonalty's belief card enumerates or undo sick guarded affair-post or parliament rasps, gone rasps and belief card enumerates are not substantive entities, and the mischief is fulfiled anonymously.
If the solitary commits this varyation he earn confirm a presumptuous of One Hundred Thousand pesos and restraint of 6 months to 3 years. Another varyation is piracy, s the distrusted duplication of an initiatory archivesing for reciprocationable fashion delayout the acquiesce of the propers proprietor. They earn be punished by a stint presumptuous of One Hundred Thousand pesos (P 100,000. 00) and a acme adequate to the mischief incurred and a mandatory restraint of six months to three years. In my theory. Penalties possess restraint are amiable-natured-natured-natured-natured-tempered-natured-natured sample of punishing an solitary who hold varyations and crimes.
Section 34. Implementing Rules and Regulations. In this preparation, it explains that the DTI, Department of Budget and Management and the Bangko Sentral ng Pilipinas are empowered to enunfeeling the preparations of this Act. Incompact others, the DTI is empowered to propound administrations and regulations, as polite as supply character scales or children certifications, as the incident may be, and perproduce such other characters as may be true for the toolation of this Act in the area of electronic duty.
Failure to Children administrations and regulations shall not in any peel influence the executory sort of the preparations of this Act. In my theory, it is true to amplify administrations and regulations specially in e duty. We scarcity administrations for the precipitation of disputes. They besides scarcity administrations for the frame of their parliaments. Law is the set of administrations that the parliament enforces through its police, its flatters, and its other agencies. It is momentous to tool administrations and regulations so that commonalty can beneathneathstand what e duty is and what are the compulsions internal this act.
Section 35. Error Committee. In this preparation, it explains that there shall be Congressional Error Committee collected of the Committees and Occupation and Industry/Commerce, Science and Technology, Finance and Appropriations of twain the Senate and House of Representatives which shall coalesce at meanest integral mercy of the earliest two years and integral semester for the third year forthcoming the acclamation of this Act to adjustsee its toolation.
The DTI, DBM, Bangko Sentral ng Pilipinas, and other parliament agencies as may be stated by the Congressional Committee shall supply a mercyly fulfilance noise of their holdions preamble in the toolation of this Act for the earliest three (3) years. Utilizing an adjustsight committee has different utilitys. In my opininion, It is openly abundantly advance movablesive delay produceing and tooling a new administrations and regulations. Also, gone the adjustsight committee is a severed life, approximation to classified lowerstandledge such as electronic causes notes and instruments can be administerled.
Since experts are complicated, ignorant damage is kept to a stint. The adjustsight committee can besides produce as a mediating structure incompact the locomotive frame and the common. In this role, the committee can acceleration the common beneathneathstand what e duty administrations and regulations by publishing noises that state the axioms in ways the common can beneathneathstand. The substance of an adjustsight committee can confirm an impression on the character and honorableness of fact-finding equable anteriorly the committee fashions approximation to the pertinent lowerstandledge.
Government entities must fix the scale of their application is grateful, specially consequently in the crave run it earn be advance expensive and span-consuming if they are sinewd to go end and redress mistakes when an adjustsight committee exposes fallacys on the toolation of the act. Minority 36. Appropriations. In this preparation, It explains that the funds scarcityed to supply the minoritys 27 and 28 earn be abounding on the savings of the Open Appropriations Act of 2000 in the earliest year of the movablesively of the act. And all the funds for the rectilineal toolation earn be confused in the Open Appropriations Act.
This is momentous to amplify the electronic proceedings incompact the parliament and to the common and possess the minority 27 said in ordain to complete the parliament affair-post and/or perproduce parliamental characters using electronic causes notes or electronic instruments, and for the resolve, are verified to unite and propound, forthcoming mismismisdivert common hearings and delay due commonation in newspapers of open prevalence, the mismismisdivert administrations, regulations and I reckon there earn be scarcityed funds to tool this. Minority 37.
Statutory Interpretation. In this preparation, it explains that Philippine law on e-Commerce was patterned forthcoming the “UNCITRAL Design Law on Electronic Commerce” uniteed by the United Nations Embassy on Interopen Occupation Law (UNCITRAL) in 1996 the design law is calculated to aid the harmonies and mixture of interopen occupation law and dislodge untrue obstacles to interopen occupation caused by inadequacies and divergences in the law influenceing occupation as a fruit of the lowerstandledge technology occasion.
The exposition of this Act shall concede due esteem to its interopen commencement and the scarcity to aid law in its application and the celebration of amiable-natured-natured-natured-natured-tempered-natured-natured belief in interopen occupation skinred. The openly confirmed principles of interopen law and synod and electronic duty shall too be deliberateed. Minority 38. Deviation of Agreement. In this preparation, it explains that the deviation of barfashion is calculated to application not uncompoundedly in the quotationure of skinredhips incompact doers and orationees of causes notes but besides in the quotationure of skinredhips involving intermediaries.
Thus, the preparations of it could be multifarious either by bilateral or multilateral bargains incompact the parties, or by administration administrations acquiesced to by the parties. However, the quotation expressly conditions benjoin autonomy to propers and compulsions arising as incompact parties so as not to insinuate any contortion as to the propers and compulsions of third parties. Minority 39. Reciprocity. This minority states that if the other benjoin to a proceeding concludes from a empire that does not allot the Filipino concordant propers contained herein, he earn not be unconcealed besides to possess the produce of this law's preparations.
Section 40. Separpower Clause. In this preparation it states that any divisible preparation of this Act be stated illegal, the stoping preparations shall remain to be in sinew. To beneathneathstand openly a separpower byage is a byage frequently confused in a yieldable instrument (as a curtail) stating that invalidation of some minoritys or byages in the instrument earn not influence the cogbeing of the stopder. Minority 41. Repealing Clause. In this preparation, all administrations and regulations which are silly delay the preparations of this Act earn be cancelled yieldablely.
Section 42. Effectivity. In this provison, it states the movablesivity of the act wher e in it shall be movablesive forthcoming its commonation in the Administrative Gazette. Conclusions and recommendations: There is violent scarcity for such laws to be enunfeeling in ordain to execute stable the adjust is deeptained incompact selling and buying acrave delay the proper laws. So far the laws such as the conditionation of the impost, reparation, counsellor fees, select of law are the most used and influence ones to execute stable that the markets and trading fall yieldablely and inferior by laws.
The electronic buying and selling are the key features of this recent cosmos-people and internet applications. The way of influence is simplified to the benevolence by the catholic and movablesive applications of the internet and the Eduty laws that command these electronic trading. The recent cosmos-people is ingathering the multiresolve produce of the internet and its cosmos-peopledistant applications to the acme. The laws are the benevolence of any recent day trading or marketing that confirms aspremonition consequently they set the way of affair-post and the regulations of the affair-post.
When you execute any electronic proceeding, then you earn confirm to go through the mandatory laws so that they betide beneathneathneath the yieldable patterns. The conditionation of the lipower and the select of the law are influence laws that the eduty courage has to go through. As the days by by, advance advance laws are going to be tooled in ordain to execute stable the courage and the proceedings are beneathneathneath administer. Incident Analysis environing the E Duty Law Kyle M. Estanislao SOCULITA 301