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E-signature legality

E-signature legality in the Philippines

Electronic signatures are recognised and given the same effect as handwritten signatures, provided the statutory reliability conditions are met.

Is a standard e-signature enough here? Yes, with one caveat

Sufficient for ordinary private business contracts if the audit trail genuinely meets the statutory conditions. No identity check or certificate is required. The catch is that it never covers anything which must be a public document or notarised.

The governing law

Republic Act No. 8792, the Electronic Commerce Act of 2000; Rules on Electronic Evidence, A.M. No. 01-7-01-SC (2001); Civil Code (Republic Act 386); 2004 Rules on Notarial Practice; Rules on Electronic Notarization, A.M. No. 24-10-14-SC (2025).

Types of signature recognised

A single statutory concept, the electronic signature. A digital signature tier appears only in the Rules on Electronic Evidence, which give an authenticated electronic or digital signature the effect of a handwritten one plus disputable presumptions.

Commonly signed electronically

  • Commercial supply and services agreements
  • Non-disclosure agreements
  • Purchase orders and sales confirmations
  • Employment contracts and offer letters
  • Consulting agreements and online platform terms

What you cannot sign electronically in the Philippines

This is the part worth reading twice. These documents either cannot be signed electronically at all, or need a higher-assurance form than an ordinary online signature.

  • Acts creating or transferring real rights over immovable property, which must be a notarised public document
  • Agreements under the Statute of Frauds that must be written and signed
  • Notarial wills, which are excluded from both remote and electronic notarisation
  • Depositions
  • Anything else that requires notarisation

What matters in practice

Republic Act 8792 itself excludes nothing. The limits come from form and notarisation law. The burden sits in the statute's reliability conditions: the signature is only equivalent to wet ink if a non-alterable procedure shows the method identified the party and captured their consent. The audit trail is not optional, it is what makes the signature legally equivalent.

FileHook produces standard electronic signatures with a tamper-evident audit log and a certificate of completion. We do not offer signer identity verification, qualified signatures, or certificates from a licensed authority. Where the notes above say you need one of those, you need a different tool, and we would rather tell you now.

Sources

This page is general information, not legal advice. Laws change and the right answer depends on your document and your situation. Check with a qualified lawyer in the relevant country before relying on it for anything that matters.

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