30/07/2019
Republic Act No. 8792 | Official Gazette of the Republic of the Philippines
(f) granting, acquiring, renouncing, surrendering, transferring or negotiating rights in goods;
(g) acquiring or transferring rights and obligations under the contract.
SECTION 26(25). Transport Documents. — (1) Subject to paragraph (3), where the law requires that any
action referred to in Section 25 be carried out in writing or by using a paper document, that
requirement is met if the action is carried out by using one or more electronic data messages or
electronic documents.
(2) Paragraph (1) applies whether the requirement therein is in the form of an obligation or whether the
law simply provides consequences for failing either to carry out the action in writing or to use a paper
document.
(3) If a right is to be granted to, or an obligation is to be acquired by, one person and no other person,
and if the law requires that, in order to effect this, the right or obligation must be conveyed to that
person by the transfer, or use of, a paper document, that requirement is met if the right or obligation is
conveyed by using one or more electronic data messages or electronic documents: Provided, That a
reliable method is used to render such electronic data messages or electronic documents unique.
(4) For the purposes of paragraph (3), the standard of reliability required shall be assessed in the light
of the purpose for which the right or obligation was conveyed and in the light of all the circumstances,
including any relevant agreement.
(5) Where one or more electronic data messages or electronic documents are used to effect any
action in subparagraphs (f) and (g) of Section 25, no paper document used to effect any such action is
valid unless the use of electronic data message or electronic document has been terminated and
replaced by the use of paper documents. A paper document issued in these circumstances shall
contain a statement of such termination. The replacement of electronic data messages or electronic
documents by paper documents shall not affect the rights or obligations of the parties involved.
(6) If a rule of law is compulsorily applicable to a contract of carriage of goods which is in, or is
evidenced by, a paper document, that rule shall not be inapplicable to such a contract of carriage of
goods which is evidenced by one or more electronic data messages or electronic documents by
reason of the fact that the contract is evidenced by such electronic data message or electronic
documents instead of by a paper document.
PART IV
Electronic Transactions in Government
https://www.officialgazette.gov.ph/2000/06/14/republic-act-no-8792-s-2000/
13/20
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