Ra 8792 "Electronic Commerce Act of 2000.

" (1) An electronic data message or electronic document is that of

the originator if it was sent by the originator himself.
How is consent manifested

Consent is manifested by the meeting of the offer and the (2) As between the originator and the addressee, an electronic data
message or electronic document is deemed to be that of the
acceptance upon the thing and the cause which are to constitute the
originator if it was sent:
contract. Offer is essential

However, how is offer applied when done with the use of (a) by a person who had the authority to act on behalf of
technology especially through the internet. the originator with respect to that electronic data
message or electronic document; or
Ra 8792 elaborates on this

Relevant definitions (b) by an information system programmed by, or on

behalf of the originator to operate automatically.
a) "Addressee" refers to a person who is intended by the originator
to receive the electronic data message or electronic document. (3) As between the originator and the addressee, an addressee is
entitled to regard an electronic data message or electronic
i) "Originator" refers to a person by whom, or on whose behalf, the document as being that of the originator, and to act on that
electronic document purports to have been created, generated assumption, if:
and/or sent.
(a) in order to ascertain whether the electronic data
d) "Information and Communications System" refers to a system
message or electronic document was that of the
intended for and capable of generating, sending, receiving, storing,
originator, the addressee properly applied a procedure
or otherwise processing electronic data messages or electronic previously agreed to by the originator for that purpose;
documents and includes the computer system or other similar or
device by or in which data is recorded or stored and any
procedures related to the recording or storage of electronic data
message or electronic document. (b) the electronic data message or electronic document
as received by the addressee resulted from the actions
Ex: e-mail, cellphone num, website, even fb if designated of a person whose relationship with the originator or
with any agent of the originator enabled that person to
CHAPTER III. gain access to a method used by the originator to
COMMUNICATION OF ELECTRONIC DATA MESSAGES identify electronic data messages as his own.
OR ELECTRONIC DOCUMENTS
(4) Paragraph (3) does not apply:
Section 16. Formation of Validity of Electronic Contracts.
(a) as of the time when the addressee has both received
notice from the originator that the electronic data
(1) Except as otherwise agreed by the parties, an offer,
message or electronic document is not that of the
the acceptance of an offer and such other elements
originator, and has reasonable time to act accordingly;
required under existing laws for the formation of
or
contracts may be expressed in, demonstrated and
proved by means of electronic data messages or
electronic documents and no contract shall be denied (b) in a case within paragraph (3) sub-paragraph (b), at
validity or enforceability on the sole ground that it is in any time when the addressee knew or should have
the form of an electronic data message or electronic known, had it exercised reasonable care of used any
document, or that any or all of the elements required agreed procedure, that the electronic data message or
under existing laws for the formation of contracts is electronic document was not that of the originator.
expressed, demonstrated and proved by means of
electronic data messages or electronic documents.
(5) Where an electronic data message or electronic document is
that of the originator or is deemed to be that of the originator, or
(2) Electronic transactions made through networking the addressee is entitled to act on that assumption, then, as between
among banks, or linkages thereof with other entities or the originator and the addressee, the addressee is entitled to regard
networks, and vice versa, shall be deemed the electronic data message or electronic document as received as
consummated upon the actual dispensing of cash or the being what the originator intended to send, and to act on that
debit of one account and the corresponding credit to assumption. The addressee is not so entitled when it knew or
another, whether such transaction is initiated by the should have known, had it exercised treasonable care or used any
depositor or by an authorized collecting party: agreed procedure, that the transmission resulted in any error in the
Provided, that the obligation of one bank, entity, or electronic data message or electronic document as received.
person similarly situated to another arising therefrom
shall be considered absolute and shall not be subjected
(6) The addressee is entitled to regard each electronic data message
to the process of preference of credits.
or electronic document received as a separate electronic data
message or electronic document and to act on that assumption,
how to know if message came from originator except to the extent that it duplicates another electronic data
message or electronic document and the addressee knew or should
have known, had it exercised reasonable care or used any agreed
Section 18. Attribution of Electronic Data Message. –
procedure, that the electronic data message or electronic document Section 20. Agreement on Acknowledgement of Receipt of
was a duplicate. Electronic Data Messages or Electronic Documents. - The
following rules shall apply where, on or before sending an
electronic data message or electronic document, the originator and
How is an offer received thru information and comm system the addressee have agreed, or in that electronic document or
electronic data message, the originator has requested, that receipt
This would depend on whether the addressee designated an of the electronic document or electronic data message be
information system that would receive the specific information. acknowledged:

Section 22. Time of Receipt of Electronic Data Messages or a.) Where the originator has not agreed with the
Electronic Documents. - Unless otherwise agreed between the addressee that the acknowledgement be given in a
originator and the addressee, the time of receipt of an electronic particular form or by a particular method, an
data message or electronic document is as follows: acknowledgement may be given by or through any
communication by the addressee, automated or
otherwise, or any conduct of the addressee, sufficient to
a.) If the addressee has designated an information indicate to the originator that the electronic data
system for the purpose of receiving electronic data message or electronic document has been received.
message or electronic document, receipt occurs at the
time when the electronic data message or electronic
document enters the designated information system: b.) Where the originator has stated that the effect or
Provide, however, that if the originator and the significance of the electronic data message or electronic
addressee are both participants in the designated document is conditional on receipt of the
information system, receipt occurs at the time when the acknowledgement thereof, the electronic data message
electronic data message or electronic document is or electronic document is treated as though it has never
retrieved by the addressee; been sent, until the acknowledgement is received.

ex: common example is fast food orders trhu the c.) Where the originator has not stated that the effect or
internet. significance of the electronic data message or electronic
document is conditional on receipt of the
acknowledgement, and the acknowledgement has not
Jolibee designates multiple information system to been received by the originator within the time
receive specific info specified or agreed or, if no time has been specified or
agreed, within the reasonable time, the originator may
Email ng hr nila for applicants give notice to the addressee stating that no
acknowledgement has been received and specifying a
reasonable time by which the acknowledgement must
8-7000 or thru their delivery website be received; and if the acknowledgement is not received
within the time specified in subparagraph (c), the
You want to order. You send it to the designated info originator may, upon notice to the addressee, treat the
system for that purpose. It is deemed received once it electronic document or electronic data as though it had
enters said system never been sent, or exercise any other rights it may
have.

b.) If the electronic data message or electronic

document is sent to an information system of the
addressee that is not the designated information system,
receipt occurs at the time when the electronic data
message or electronic document is retrieved by the
addressee;

ex: x wants to buy from Y, an online seller in FB. On

Y’s fb page it mentioned that orders are to be sent via
private message on that page’s account. X however sent
the order on Y’s personal facebook profile. Receipt
occurs once Y retrieves such order from his personal
page.

c.) If the addressee has not designated an information

system, receipt occurs when the electronic data message
or electronic document enters an information system of
the addressee.

Previous example no mention where to send offer it is

deemed received once it enters that info system