Activity/Assessment (Week2.

1)

1. Can the provisions of the E-Commerce Act be used in a non-commercial context? Why? Why
not?

2. In a libel case that Rose filed in court, she will be required to present the slanderous text
message that was sent by the accused to several of her friends. The integrity of the information
from the time when it was first generated in its final form, as an electronic data message or
electronic document, shall be proved. What are the criteria for assessing such integrity?

3. Under the law, for evidentiary purposes, an electronic document shall be the “functional
equivalent” of a written document under existing laws. What is meant by functional
equivalence?

4. Under the law, in any legal proceedings, an electronic data message or electronic document
shall not be denied admissibility in evidence on the sole ground that it is in electronic form.
What is the import of the word “sole” in the statement?

5. Where the law requires a document to be in writing, how can an electronic document meet
such requirement?

6. For purposes of perfection of contract, can the “meeting of the minds” be online with respect to
the object and otherwise with respect to the price?

7. Anne ordered some pieces of equipment online from XYZ for which she paid a 10% advance
payment. Thereafter, Anne received an order-confirmation email which indicated that her order
would be delivered within ten (10) days from confirmation of the order and acknowledgment of
the email. Anne forgot to acknowledge receipt of the email. Several months have passed and
Anne now asks you if she should take back her advance payment from XYZ on the ground of the
latter’s failure to deliver as promised. What will you advise Anne? Cite relevant provisions of
law.

8. In the above scenario, what will you advise XYZ? Cite relevant provisions of law.

9. Chris sent his assignment by email to his professor. However, the submission was rejected by
the professor for having been received a day too late. It turned out that Chris was able to send
the email on time but, due to technical problems, it was received late. What will you advise
Chris? Cite relevant provisions of law.

10. Jenny has her place of business in the Philippines but was on vacation in Italy when she closed a
transaction with a client in Thailand. For purposes of her income tax here in the Philippines for
said transaction, what rules apply?