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Chapter 5 Authentication Arga

Authentication is the process of proving that a document or electronic evidence is genuine and not forged. The Electronic Commerce Act of 2000 recognizes the legal validity of electronic documents and digital signatures. It establishes that electronic documents have the same legal effect as written documents. Electronic signatures are also legally equivalent to physical signatures if they meet certain authentication requirements, such as using a secure method to identify the signer and indicate their consent. The law presumes electronic signatures are valid unless proven otherwise and provides for authentication of electronic evidence through security procedures, digital signatures, or demonstrating the integrity of the information system.

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16 views

Chapter 5 Authentication Arga

Authentication is the process of proving that a document or electronic evidence is genuine and not forged. The Electronic Commerce Act of 2000 recognizes the legal validity of electronic documents and digital signatures. It establishes that electronic documents have the same legal effect as written documents. Electronic signatures are also legally equivalent to physical signatures if they meet certain authentication requirements, such as using a secure method to identify the signer and indicate their consent. The law presumes electronic signatures are valid unless proven otherwise and provides for authentication of electronic evidence through security procedures, digital signatures, or demonstrating the integrity of the information system.

Uploaded by

krisrobert lazaro
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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AUTHENTICATION

-is the process by which documentary evidence and other physical evidence is proven to
be genuine, and not a forgery.
Acknowledgments taken outside of the State shall be ineffectual unless authenticated by an
additional certificate made by an officer of a court of record proper officer to the effect that the person
before whom the instrument is acknowledged is, at the date thereof, such officer as he purports to be,
possessing lawful authority to take acknowledgments and that the instrument is executed and
acknowledged conformably to law.
(a) The acknowledgement shall be made before (1) an ambassador,
minister, secretary of legation, charge d’ affairs , consul, vice-consul,
or consular agent of the states, acting within the country or place to
which he is accredited, or (2) a notary public or officer duly
authorized by law of the country to take acknowledgement of the
instruments or documents in the place where the act is done.

(b) The person taking the acknowledgment shall certify that the
person acknowledging the instrument shall certify that the person the
instrument or document is known to him, and that the same person
who executed it and acknowledged that the same is his free act and
deed.
The certificate shall be under his official seal, if he is by law
required to keep a seal, and if not, his certificates shall so
state. In case the acknowledgment is made before a notary
public or an officer mentioned in subdivision (2) of the
preceding paragraph, the certificate of the notary public or
officer taking the acknowledgment shall be authenticated b
an ambassador, minister, secretary of legation charge d’
affaires, consul, vice-consul, or consular agent of the United
States, acting within the country or place to which he is
accredited.
Republic Act No. 8792
(Electronic Commerce Act of 2000)
This law generally recognizes the use of ICT in official
transactions of the public and of the government.
This law allows the legal recognition of electronic
documents and digital signatures. There are also
penalties for hacking, piracy, and for other violations
of the this law.
Sec 6. Legal Recognition of Data Messages - Information
shall not be denied legal effect, validity or
enforceability solely on the grounds that it is in the data
message purporting to give rise to such legal
effect, or that it is merely referred to in that electronic
data message.

Sec. 7. Legal Recognition of Electronic Documents -


Electronic documents shall have the legal effect,
validity or enforceability as any other document or legal
writing, and
Sec. 8. Legal Recognition of Electronic Signatures - An
electronic signature on the electronic
document shall be equivalent to the signature of a person on a
written document if that signature is
proved by showing that a prescribed procedure, not alterable by
the parties interested in the electronic
document, existed under which -
a) A method is used to identify the party sought to be bound and
to indicate said party’s access to
the electronic document necessary for his consent or approval
through the electronic signature;
b) Said method is reliable and appropriate for the purpose for
which the electronic document was
generated or communicated, in the light of all the
circumstances, including any relevant
agreement;
c. It is necessary for the party sought to be bound, in order to
proceed further with the transaction,
to have executed or provided the electronic signature; and

d. The other party is authorized and enabled to verify the


electronic signature and to make the
decision to proceed with the transaction authenticated by the
same.
Sec. 9. Presumption Relating to Electronic Signatures - In any
proceeding involving an electronic
signature, it shall be presumed that –

a) The electronic signature is the signature of the person to whom


it correlates; and

b) The electronic signature was affixed by that person with the


intention of signing or approving the
electronic document unless the person relying on the electronically
signed electronic document
knows or has notice of defects in or unreliability of the signature or
reliance on the electronic
signature is not reasonable under the circumstances.
Sec. 11. Authentication of Electronic Data Messages and Electronic Documents
- Until the Supreme Court by appropriate rules shall have so provided,
electronic documents, electronic data messages and electronic signatures,
shall be authenticated by demonstrating, substantiating and validating a
claimed identity of a user, device, or another entity in an information or
communication system, among other ways, as follows:

(a) The electronic signature shall be authenticated by proof that a letter,


character, number or other symbol in electronic form representing the
persons named in and attached to or logically associated with an
electronic data message, electronic document, or that the appropriate
methodology or security procedures, when applicable, were employed or
adopted by a person and executed or adopted by such person, with the
intention of authenticating or approving an electronic data message or
electronic document;
(b) The electronic data message or electronic document shall be
authenticated by proof that an appropriate security procedure, when
applicable was adopted and employed for the purpose of verifying the
originator of an electronic data message or electronic document, or detecting
error or alteration in the communication, content or storage of an electronic
document or electronic data message from a specific point, which, using
algorithm or codes, identifying words or numbers, encryptions, answers back
or acknowledgment procedures, or similar security devices.
In the absence of evidence to the contrary, the integrity of the information
and communication system in which an electronic data message or electronic
document is recorded or stored may be established in any legal proceeding —

(a) By evidence that at all material times the information and communication
system or other similar device was operating in a manner that did not affect
the integrity of the electronic data message or electronic document, and
there are no other reasonable grounds to doubt the integrity of the
information and communication system;

(b) By showing that the electronic data message or electronic document was
recorded or stored by a party to the proceedings who is adverse in interest to
the party using it; or

(c) By showing that the electronic data message or electronic document was
recorded or stored in the usual and ordinary course of business by a person
who is not a party to the proceedings and who did not act under the control
of the party using the record.
Thank you!

Prepared by: Norman L. Arga

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