Is an electronic signature legal in Philippines?
The E-Commerce Act governs electronic records and signatures across commercial and non-commercial activities. The Rules on Electronic Evidence affirm a duly authenticated electronic or digital signature as the functional equivalent of a written signature. Electronic notarization is now recognized, but only via Supreme Court-accredited facilities.
What types of electronic signature are recognized in Philippines?
An electronic signature is any distinctive mark, characteristic, or sound in electronic form representing identity, attached to or associated with a document with intent to authenticate or approve it. It is equivalent to a written signature when proved — via a reliable, party-unalterable procedure that identifies the signer, shows the method was reliable and appropriate, and lets the other party verify it. The Rules on Electronic Evidence also recognize an enhanced “digital signature” (asymmetric cryptography).
What documents can be signed electronically in Philippines?
Contracts remain binding in whatever form, provided the validity requisites are met; electronic signatures may be used where Philippine law does not require specific execution formalities.
What documents cannot be signed electronically in Philippines?
Exercise care with government-agency transactions. The electronic-notarization rules do not apply to notarial wills, which carry separate formalities.
What court cases have addressed eSignatures in Philippines?
None reported.
