After reading “What is the legal recognition of electronic documents?”, read also “What is the Power of the Corporation to Extend or Shorten Corporate Term?“
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Electronic documents shall have the legal effect, validity or enforceability as any other document or legal writing.
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The term “electronic document” may be used interchangeably with electronic data message.
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The legal recognition of electronic documents may be in writing or in electronic form.
What is an electronic document?
The law says:
Electronic document refers to information or the representation of information, data, figures, symbols or other modes of written expression, described or however represented, by which a right is established or an obligation extinguished, or by which a fact may be proved and affirmed, which is received, recorded, transmitted, stored, processed, retrieved or produced electronically. (Section 5.5.e, Republic Act No. 8792)
Under the Rules on Electronic Evidence, “Electronic document” refers to information or the representation of information, data, figures, symbols or other modes of written expression, described or however represented, by which a right is established or an obligation extinguished, or by which a fact may be proved and affirmed, which is received, recorded, transmitted, stored processed, retrieved or produced electronically. It includes digitally signed documents and any print-out or output, readable by sight or other means, which accurately reflects the electronic data message or electronic document. The term “electronic document” may be used interchangeably with electronic data message.
Electronic documents shall have the legal effect, validity or enforceability as any other document or legal writing. What is the legal recognition of electronic documents?
The law says:
Where the law requires a document to be in writing, that requirement is met by an electronic document if the said electronic document maintains its integrity and reliability and can be authenticated so as to be usable for subsequent reference. (Section 7.7.a, R.A. No. 8792)
This applies whether the document in writing is in the form of an obligation or whether the law simply provides consequences for the document not being presented or retained in its original form.
The document is said to maintain such integrity and reliability when such electronic document has remained complete and unaltered, apart from the addition of any endorsement and any authorized change, or any change which arises in the normal course of communication, storage and display; and when the electronic document is reliable in the light of the purpose for which it was generated and in the light of all relevant circumstances.
Moreover, in addition to the legal recognition as mentioned above, where the law requires that a document be presented or retained in its original form, that requirement is met by an electronic document. (Section 7.7.c, R.A. No. 8792)
That said document in electronic form should have a reliable assurance as to the integrity of the document from the time when it was first generated in its final form; and is capable of being displayed to the person to whom it is to be presented.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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