30/07/2019 Republic Act No. 8792 | Official Gazette of the Republic of the Philippines (b) The requirement referred to in paragraph (a) is satis ed by using the services of a third party, provided that the conditions set forth in subparagraphs (i), (ii) and (iii) of paragraph (a) are met. SECTION 14(14). Proof by A davit. — The matters referred to in Section 12, on admissibility and Section 9, on the presumption of integrity, may be presumed to have been established by an a davit given to the best of the deponent’s knowledge subject to the rights of parties in interest as de ned in the following section. SECTION 15(15). Cross-Examination. — (1) A deponent of an a davit referred to in Section 14 that has been introduced in evidence may be cross-examined as of right by a party to the proceedings who is adverse in interest to the party who has introduced the a davit or has caused the a davit to be introduced. (2) Any party to the proceedings has the right to cross-examine a person referred to in Section 11, paragraph 4, sub-paragraph c. CHAPTER III Communication of Electronic Data Messages or Electronic Documents SECTION 16(16). Formation and Validity of Electronic Contracts. — (1) Except as otherwise agreed by the parties, an offer, the acceptance of an offer and such other elements required under existing laws for the formation of contracts may be expressed in, demonstrated and proved by means of electronic data messages or electronic documents and no contract shall be denied validity or enforceability on the sole ground that it is in the form of an electronic data message or electronic document, or that any or all of the elements required under existing laws for the formation of the contracts is expressed, demonstrated and proved by means of electronic data messages or electronic documents. (2) Electronic transactions made through networking among banks, or linkages thereof with other entities or networks, and vice versa, shall be deemed consummated upon the actual dispensing of cash or the debit of one account and the corresponding credit to another, whether such transaction is initiated by the depositor or by an authorized collecting party: Provided, That the obligation of one bank, entity, or person similarly situated to another arising therefrom shall be considered absolute and shall not be subjected to the process of preference of credits. SECTION 17(17). Recognition by Parties of Electronic Data Message or Electronic Document. — As between the originator and the addressee of an electronic data message or electronic document, a declaration of will or other statement shall not be denied legal effect, validity or enforceability solely on the ground that it is in the form of an electronic data message or electronic document. https://www.officialgazette.gov.ph/2000/06/14/republic-act-no-8792-s-2000/ 8/20

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