Are electronic signatures legal in Philippines?
Electronic signatures have been legal since the Republic Act No. 8792 in 2000. Since then businesses have been able to sign documents through digital means.
Yes, e-signatures are court admissible
Each country has it’s own regulations that determine whether an electronic signature is seen as legal or not. So, as long as your electronic signature adheres to these, a signature won’t be rejected simply for not being handwritten.
Yes, e-signatures can be used in business
Whilst 100% legal; there are exceptions for very specific types of transactions. It is still up to the discretion of the independent user, or governing body, whether they are used or not. As each business needs are different and the agreements themselves may vary. We always advise you to speak with an authority within your businesses category.
Legal Model
Philippine’s legal model is a tiered one. This means that Qualified Electronic Signatures are seen as a legal type of e-signature. This doesn’t mean that a non-QES e-Signature can’t be submitted in court, but it will need extra evidence to support it.
Legal Classification
The Philippines operate under Civil Law systems which are arranged according to a plan or a system and come from Roman law. Civil law systems are based on:
- Generally, a written constitution based on specific codes (e.g. civil code, codes covering corporate law, administrative law, tax law and constitutional law) preserving basic rights and duties
- There is little scope for judge-made law in civil, criminal and commercial courts (only legislative enactments are considered binding for all)
- In some civil law systems, e.g. Germany, writings of legal scholars have significant influence on the courts
- Courts specific to the underlying codes – there are therefore usually separate constitutional court, administrative court and civil court systems that opine on consistency of legislation and administrative acts with and interpret that specific code;
- Less freedom of contract – many provisions are implied into a contract by law and parties cannot contract out of certain provisions.
A civil law system is generally more prescriptive.
Full Summary
Philippine law highlights that a traditional signature isn’t necessarily required for a valid contract – contracts are considered valid if legally able individuals reach an agreement. And the Republic Act No. 8792 says that contracts can’t be refused for simply being electronic. However, these contracts may have to be supported in court with extra evidence and certified by local authorities. Electronic signature solutions can be used to provide these electronic documents.