Republic Act No. 8792 - Part IV

Section 27. Government Use of Electronic Data Messages, Electronic Documents and Electronic Signature. - Not with standing any law to the contrary, within two (2) years from the date of the effectivity of this Act, all departments, bureaus, offices and agencies of the government, as well as all government-owned and controlled corporations, that pursuant to law require or accept the filling of documents, require that documents be created, or retained and/or submitted, issue permits, licences or certificates of registration or approval, or provide for the method and manner of payment or settlement of fees and other obligations to the government, shall:

(a) accept the creation, filing or retention of such documents in the form of electronic data messages or electronic documents;

(b) issue permits, licences, or approval in the form of electronic data messages or electronic documents;

(c) require and/or accept payments, and issue receipt acknowledging such payments, through systems using electronic data messages or electronic documents; or

(d) transact the government business and/or perform governmental factions using electronic data messages or electronic documents, and for the purpose, are authorized to adopt and promulgate, after appropriate public hearing and with due publications in newspapers of general circulation, the appropriate rules, regulations, or guidelines, to, among others, specify:

1) the manner and format in which such electronic data messages or electronic documents shall be filed, created, retained or issued;

2) where and when such electronic data messages or electronic documents have to signed, the use of an electronic signature, the type of electronic signature required;

3) the format of an electronic data message or electronic document and the manner the electronic signature shall be affixed to the electronic data messages or electronic documents;

4) the control processes and procedures appropriate to ensure adequate integrity, security and confidentiality of electronic data messages or electronic documents or records of payments;

5) other attributes required to electronic data messages or electronic documents; and

6) the full or limited use of the documents and papers for compliance with the government requirements: provided, That this Act shall be itself mandate any department of the government, organ of state or statutory corporation to accept or issue any document in the form of electronic data messages or electronic documents upon the adoption, promulgation and publication of the appropriate rules, regulations or guidelines.

Section 28. RPWEB Promote the Use of Electronic Documents or Electronic Data Messages in Government and to the General Public. - Within two (2) years from the effectivity of this Act, There shall be installed an electronic online network in accordance with Administrative Order 332 and House of Representatives Resolution 890, otherwise known as RPWEB, to implement Part IV of this Act to facilitate the open, speedy and efficient electronic online transmission, conveyance and use of electronic data messages or electronic documents amongst all government departments, agencies, bureaus, offices down to the division level and to the regional and provincial offices as practicable as possible, government owned and controlled corporations, local government units, other public instrumentalities, universities, colleges and other schools, and universal access to the general public.

The RPWEB network shall serve as initial platform of the government information infrastructure (GII) to facilitate the electronic online transmission and conveyance of government services to evolve and improve by better technologies or kinds and electronic online wide area networks utilizing, but not limited to, fiber optic, satellite, wireless and other broadband telecommunication mediums or modes.

To facilitate the rapid development of the GII, the Department of Transportation and Communications, National Telecommunications Commissions and the National Computer Center are hereby directed to aggressively promote and implement a policy environment and regulatory framework that shall lead to the substantial reduction of costs of including, but not ; limited to, lease lines, land, satellite and dial-up telephone access, cheap broadband and wireless accessibility by government departments, agencies, bureaus, offices, government owned and controlled corporations, local government units, other public instrumentalities and the general public, to include the establishment of a government website portal and a domestic internal exchange system to facilitate strategic access to government and amongst agencies thereof and the general public and for the speedier flow of locally generated internal traffic within the Philippines.

The physical infrastructure of cable and wireless system for cable TV and broadcast excluding programming content and the management thereof shall be considered as within the activity of telecommunications for the purpose of electronic commerce and to maximize the convergence of ICT in the installation of the GII.

Section 29. Authority of the Department of Trade and Industry and Participating Entities. - The Department of Trade and Industry (DTI) shall direct supervise the promotion and development of electronic commerce in the country with relevant government agencies, without prejudice to the provision of Republic Act 7653 (Charter of Bangko Sentral ng Pilipinas) and Republic Act No. 337, (General Banking Act) as amended.

Among others, the DTI is empowered to promulgate rules and regulations, as well as provide quality standards or issue certifications, as the case may be, and perform such other function as may be necessary for the Implementation of this Act in the area of electronic commerce to include, but not limit to, the installation of an online public information and quality and price monitoring system for goods and services aimed in protecting the interests of the consuming public availing of the advantages of this Act.