e-Lawyers

Tech Savvy Lawyers take their Cases to the Web, Vol. 1/No. 19

e: Why would someone like you want to specialize on e-commerce law?

"It was on the third reading of the e-commerce bill in the Senate and the Lower House when I came into the picture, to help lobby for the law. I decided I was going to specialize on this field and I thought that if I were going to do that, it was good to be involved in policy-making. With the bill becoming a law, the next step would be the drafting of the Implementing Rules and Regulation. We did it to guide the Department of Trade and Industry, which was spearheading this effort. Of course, it was up to them if they would adopt it.

Sometime in 1999, I read an article that 1999 was supposed to be the e-commerce year. But that didn't happen because of the Y2K brouhaha. All investments that should have gone to e-commerce went to venture that would solve the Y2K bug. So, the fearless prediction was that year 2000 would be for e-commerce. During that time, I was with another law firm. I proposed with my colleagues that we specialize on e-commerce. For one reason or another they decided not to take that field.

e: How do you explain the e-commerce law in layman's term?

"The law confirms the legality of e-commerce transactions. Like, when you go to Amazon.com, there is a contract. When you accept the terms and conditions in the contract and click on the "I ACCEPT" button, is the contract valid? You didn't sign any paper, but only an electronic document. e-Commerce Law validates the electronic document. The law makes the e-contract legally binding. If people are sure that electronic transactions are valid, then it is easier for them to invest money in e-commerce."

e: How was the policy drafted?

"The policies were based upon principles developed by international bodies. The task force reviewed each one line by line and in many instances, changes were recommended and made. Essentially, the Philippine policy control on e-commerce is one that calls for private sector leadership and unfettered control of market forces."

e: How will e-commerce benefit the law profession?

"For one thing, the e-Commerce Act paves the way for the Supreme Court to tackle issues such as the electronic filing of pleadings in litigations. One of the objectives is to lessen the burden of prosecuting court cases. Cyber notarization (or notarizing on-line) is also being considered. Hopefully, this will enable electronic contract to enjoy the same benefits as their real-world counterparts have. The law also clarifies and settles the issues surrounding the admissibility of electronic evidence and the validity of electronic documents".

e: How about small businesses? Were their concerns addressed in the law?

"It is universally acknowledged that e-commerce laws benefit SMEs and provide them with opportunities they could have taken advantage of on their own".

e: Is the e-Commerce Law relevant in a country like ours? Will it in anyway uplift the condition of the poor?

"Any law that spurs investment, entrepreneurship, innovation and the creation of wealth is relevant to a developing country like ours. The Philippines faces a window of opportunity that is fast closing because of the breakneck pace of technology. I think the e-Commerce Law brings us close to taking advantage of those opportunities.

Remember that with investment comes employment and opportunities - things that are relevant especially to the poor. Better employment conditions translate into better jobs and hopefully contribute to the slowdown in the country's labor export. As you know, the existence of OFWs has had an adverse impact upon the basic unit of society, the family. Anything we do to stem the tide is always beneficial.

Some sectors believe that IT is the only way possible for a Third-World economy to leapfrog into becoming a developed country. Certainly, with the Internet, even the micro Filipino enterprise has access to a global market and has a chance to complete on the global stage. But those opportunities may be lost forever if we don't act fast."

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