NOTES ON ELECTRONIC COMMERCE ACT (RA 8792) (a)​ "Addressee" refers to a person who is intended by the originator to receive

the electronic data message or electronic document. The term does not
This Law shall be known as the Electronic Commerce Act of 2000. include a person acting as an intermediary with respect to that electronic
data message or electronic data document.
Declaration of policy (Section 2)
(b)​ "Computer" refers to any device or apparatus which, by electronic,
Section 2. Declaration of Policy - The State recognizes the vital role of electro- mechanical, or magnetic impulse, or by other means, is capable
information and communications technology (ICT) in nation-building; of receiving, recording, transmitting, storing, processing, retrieving, or
the need to create an information- friendly environment which producing information, data, figures, symbols or other modes of written
supports and ensures the availability, diversity and affordability of ICT expression according to mathematical and logical rules or of performing
products and services; the primary responsibility of the private sector any one or more of these functions.
in contributing investments and services in telecommunications and
information technology; the need to develop, with appropriate (c)​ "Electronic Data Message" refers to information generated, sent, received
training programs and institutional policy changes, human resources or stored by electronic, optical or similar means.
for the information technology age, a labor force skilled in the use of
ICT and a population capable of operating and utilizing electronic (d)​ "Information and Communications System" refers to a system intended for
appliances and computers; its obligation to facilitate the transfer and and capable of generating, sending, receiving, storing, or otherwise
promotion of technology; to ensure network security, connectivity processing electronic data messages or electronic documents and
and neutrality of technology for the national benefit; and the need to includes the computer system or other similar device by or in which data is
marshal, organize and deploy national information infrastructures, recorded or stored and any procedures related to the recording or
comprising in both telecommunications network and strategic storage of electronic data message or electronic document.
information services, including their interconnection to the global
information networks, with the necessary and appropriate legal, (e)​ "Electronic Signature" refers to any distinctive mark, characteristic
financial, diplomatic and technical framework, systems and facilities. and/or sound in electronic form, representing the identity of a person
and attached to or logically associated with the electronic data
Objectives (Section 3) message or electronic document or any methodology or procedures
employed or adopted by a person and executed or adopted by such
person with the intention of authenticating or approving an electronic
Section 3. Objective - This Act aims to facilitate domestic and international data message or electronic document.
dealings, transactions, arrangements, agreements, contracts and exchanges and
storage of information through the utilization of electronic, optical and similar (f)​ "Electronic Document" refers to information or the representation of
medium, mode, instrumentality and technology to recognize the authenticity and information, data, figures, symbols or other modes of written expression,
reliability of electronic documents related to such activities and to promote the described or however represented, by which a right is established or
universal use of electronic transaction in the government and general public. an obligation extinguished, or by which a fact may be proved and
affirmed, which is received, recorded, transmitted, stored, processed,
Section 4. Sphere of Application - This Act shall apply to any kind of data message retrieved or produced electronically.
and electronic document used in the context of commercial and non-commercial
activities to include domestic and international dealings, transactions, (g)​ "Electronic Key" refers to a secret code which secures and defends
arrangements, agreements contracts and exchanges and storage of information. sensitive information that cross over public channels into a form
decipherable only with a matching electronic key.
Definition of terms (Section 5)
(h)​ "Intermediary" refers to a person who in behalf of another person and
with respect to a particular electronic document sends, receives
Section 5. Definition of Terms - For the purposes of this Act, the following terms are
and/or stores and provides other services in respect of that electronic
defined, as follows:
 data message or electronic document. unaltered, apart from the addition of any endorsement and
(i)​ "Originator" refers to a person by whom, or on whose behalf, the any authorized change, or any change which arises in the
electronic document purports to have been created, generated normal course of communication, storage and display; and​
and/or sent. The term does not include a person acting as an
intermediary with respect to that electronic document. II.​ The electronic document is reliable in the light of the purpose
for which it was generated and in the light of all relevant
(j)​ "Service provider" refers to a provider of -
circumstances.
(1)​ On-line services or network access or the operator of facilities
therefor, including entities offering the transmission, routing, or (b)​ Paragraph (a) applies whether the requirement therein is in the form of
providing of connections for online communications, digital or an obligation or whether the law simply provides consequences for the
otherwise, between or among points specified by a user, of document not being presented or retained in its original form.
electronic documents of the user's choosing; or​ (c)​ Where the law requires that a document be presented or retained in its
original form, that requirement is met by an electronic document if-
(2)​ The necessary technical means by which electronic I.​ There exists a reliable assurance as to the integrity of the
documents of an originator may be stored and made document from the time when it was first generated in its final
accessible to designated or undesignated third party. form; and​

Such service providers shall have no authority to modify or alter the content of II.​ That document is capable of being displayed to the person to
the electronic data message or electronic document received or to make any whom it is to be presented: Provided, that no provision of this
entry therein on behalf of the originator, addressee or any third party unless Act shall apply to vary any and all requirements of existing laws
specifically authorized to do so, and who shall retain the electronic document in on formalities required in the execution of documents for their
accordance with the specific request or as necessary for the purpose of validity.
performing the services it was engaged to perform.
For evidentiary purposes, an electronic document shall be the functional
Legal Recognition / Admissibility as Evidence equivalent of a written document under existing laws.
-​ The E – Commerce Act gives legal recognition to E-data messages, E-
documents and E-signatures. This Act does not modify any statutory rule relating to admissibility of electronic
data messages or electronic documents, except the rules relating to
(Sections 6,7, 8, 9) authentication and best evidence.

Section 6. Legal Recognition of Electronic Data Messages - Information shall not Section 8. Legal Recognition of Electronic Signatures. - An electronic signature on
be denied legal effect, validity or enforceability solely on the grounds that it is in the electronic document shall be equivalent to the signature of a person on a
the data message purporting to give rise to such legal effect, or that it is merely written document if that signature is proved by showing that a prescribed
referred to in that electronic data message. procedure, not alterable by the parties interested in the electronic document,
existed under which -

Section 7. Legal Recognition of Electronic Documents - Electronic documents

(a)​ A method is used to identify the party sought to be bound and to indicate
shall have the legal effect, validity or enforceability as any other document or
said party's access to the electronic document necessary for his consent
legal writing, and -
or approval through the electronic signature;
(a)​ Where the law requires a document to be in writing, that requirement is
met by an electronic document if the said electronic document (b)​ Said method is reliable and appropriate for the purpose for which the
maintains its integrity and reliability and can be authenticated so as to electronic document was generated or communicated, in the light of all
be usable for subsequent reference, in that - circumstances, including any relevant agreement;
I.​ The electronic document has remained complete and
 (c)​ It is necessary for the party sought to be bound, in or order to proceed whom it is to be presented.
further with the transaction, to have executed or provided the electronic
signature; and (2)​ Paragraph (1) applies whether the requirement therein is in the form
of an obligation or whether the law simply provides consequences for
(d)​ The other party is authorized and enabled to verify the electronic the information not being presented or retained in its original form.
signature and to make the decision to proceed with the transaction
authenticated by the same. (3)​ For the purpose of subparagraph (a) of paragraph (1):

Section 9. Presumption Relating to Electronic Signatures - In any proceedings (a)​ the criteria for assessing integrity shall be whether the information
involving an electronic signature, it shall be presumed that - has remained complete and unaltered, apart from the addition
of any endorsement and any change which arises in the normal
(a)​ The electronic signature is the signature of the person to whom it course of communication, storage and display; and
correlates; and​
(b)​ the standard of reliability required shall be assessed in the light of
(b)​ The electronic signature was affixed by that person with the intention of purpose for which the information was generated and in the light
signing or approving the electronic document unless the person relying on of all the relevant circumstances.
the electronically signed electronic document knows or has notice of
defects in or unreliability of the signature or reliance on the electronic Section 11. Authentication of Electronic Data Messages and Electronic Documents.
signature is not reasonable under the circumstances. - Until the Supreme Court by appropriate rules shall have so provided, electronic
documents, electronic data messages and electronic signatures, shall be
The E – Commerce Act now expressly provides that for evidentiary purposes, an authenticated by demonstrating, substantiating and validating a claimed identity
E-document shall be the functional equivalent of a written document under of a user, device, or another entity in an information or communication system,
existing laws. among other ways, as follows;

Under this principle of functional equivalent, any E-data message, document or (a)​ The electronic signature shall be authenticated by proof that a letter,
signature, which is the functional equivalent of a written document or original character, number or other symbol in electronic form representing the
signature, is now clearly admissible as evidence. persons named in and attached to or logically associated with an
electronic data message, electronic document, or that the appropriate
The operative words for admissibility are “integrity”, “reliability, and “can be methodology or security procedures, when applicable, were employed or
authenticated.” adopted by such person, with the intention of authenticating or
approving in an electronic data message or electronic document;
(Section 10 and 11)
(b)​ The electronic data message or electronic document shall be
Section 10. Original Documents. - authenticated by proof that an appropriate security procedure, when
applicable was adopted and employed for the purpose of verifying the
(1)​ Where the law requires information to be presented or retained in its
originator of an electronic data message and/or electronic document, or
original form, that requirement is met by an electronic data
detecting error or alteration in the communication, content or storage of
message or electronic document if;
an electronic document or electronic data message from a specific
(a)​ the integrity of the information from the time when it was
point, which, using algorithm or codes, identifying words or numbers,
first generated in its final form, as an electronic data
encryptions, answers back or acknowledgement procedures, or similar
message or electronic document is shown by evidence
security devices.
aliunde or otherwise; and
(b)​ where it is required that information be presented, that the
The Supreme Court may adopt such other authentication procedures, including
information is capable of being displayed to the person to
the use of electronic notarization systems as necessary and advisable, as well as
 the certificate of authentication on printed or hard copies of the electronic the best evidence of the agreement and transaction contained therein.
document or electronic data messages by electronic notaries, service providers
and other duly recognized or appointed certification authorities. In assessing the evidential weight of an electronic data message or electronic
document, the reliability of the manner in which it was generated, stored or
The person seeking to introduce an electronic data message or electronic communicated, the reliability of the manner in which its originator was identified,
document in any legal proceeding has the burden of proving its authenticity by and other relevant factors shall be given due regard.
evidence capable of supporting a finding that the electronic data message or
electronic document is what the person claims it be. Section 13. Retention of Electronic Data Message or Electronic Document. -
Notwithstanding any provision of law, rule or regulation to the contrary -
In the absence of evidence to the contrary, the integrity of the information and
communication system in which an electronic data message or electronic (a)​ The requirement in any provision of law that certain documents be
document is recorded or stored may be established in any legal proceeding - retained in their original form is satisfied by retaining them in the form of an
electronic data message or electronic document which -
(a)​ By evidence that at all material times the information and communication I.​ Remains accessible so as to be usable for subsequent reference;
system or other similar device was operating in a manner that did not
affect the integrity of the electronic data message and/or electronic II.​ Is retained in the format in which it was generated, sent or
document, and there are no other reasonable grounds to doubt the received, or in a format which can be demonstrated to
integrity of the information and communication system, accurately represent the electronic data message or electronic
document generated, sent or received;
(b)​ By showing that the electronic data message and/or electronic
document was recorded or stored by a party to the proceedings who is III.​ Enables the identification of its originator and addressee, as well
adverse in interest to the party using it; or as the determination of the date and the time it was sent or
received.
(c)​ By showing that the electronic data message and/or electronic
document was recorded or stored in the usual and ordinary course of (b)​ The requirement referred to in paragraph (a) is satisfied by using the
business by a person who is not a party to the proceedings and who did services of a third party, provided that the conditions set forth in
not act under the control of the party using the record. subparagraph s (i), (ii) and (iii) of paragraph (a) are met.

The E- Commerce Act further provides under Section 12 that E- messages and DECIDED CASES:
E-documents are admissible and have evidential weight.
In the case of Garvida vs. Sales, Jr., the Supreme Court found inadmissible in
(Section 12) evidence the filing of pleadings through fax machines. It is provided that xxxxxx a
facsimile transmission is not considered as an electronic evidence under the
Section 12. Admissibility and Evidential Weight of Electronic Data Message or Electronic Commerce Act. xxxxxxx
Electronic Document. - In any legal proceedings, nothing in the application of
the rules on evidence shall deny the admissibility of an electronic data message In the case of MCC Industrial Sales Corporation vs. Ssangyong Corporation, the
or electronic document in evidence - same ruling was reiterated and the Supreme Court said:

(a)​ On the sole ground that it is in electronic form; or​ “We, therefore, conclude that the terms “electronic data message and
“electronic document,” as defined under the Electronic Commerce Act of 2000,
(b)​ On the ground that it is not in the standard written form, and the do not include a facsimile transmission. Accordingly, a facsimile transmission
electronic data message or electronic document meeting, and cannot be considered as electronic evidence. It is not the functional equivalent of
complying with the requirements under Sections 6 or 7 hereof shall be an original under the Best Evidence Rule and is not admissible as electronic
evidence. (a)​ If the addressee has designated an information system for the purpose
of receiving electronic data message or electronic document, receipt
Communication of Electronic Data Messages or occurs at the time when the electronic data message or electronic
Electronic Documents document enters the designated information system: Provide, however,
that if the originator and the addressee are both participants in the
designated information system, receipt occurs at the time when the
Section 16. Formation of Validity of Electronic Contracts.
electronic data message or electronic document is retrieved by the
(1)​ Except as otherwise agreed by the parties, an offer, the acceptance of an addressee;​
offer and such other elements required under existing laws for the
formation of contracts may be expressed in, demonstrated and proved by (b)​ If the electronic data message or electronic document is sent to an
means of electronic data messages or electronic documents and no information system of the addressee that is not the designated
contract shall be denied validity or enforceability on the sole ground that information system, receipt occurs at the time when the electronic data
it is in the form of an electronic data message or electronic document, or message or electronic document is retrieved by the addressee;​
that any or all of the elements required under existing laws for the
formation of contracts is expressed, demonstrated and proved by means (c)​ If the addressee has not designated an information system, receipt
of electronic data messages or electronic documents.​ occurs when the electronic data message or electronic document
enters an information system of the addressee.
(2)​ Electronic transactions made through networking among banks, or
These rules apply notwithstanding that the place where the information system is
linkages thereof with other entities or networks, and vice versa, shall be
located may be different from the place where the electronic data message or
deemed consummated upon the actual dispensing of cash or the debit
electronic document is deemed to be received.
of one account and the corresponding credit to another, whether such
transaction is initiated by the depositor or by an authorized collecting
Section 23. Place of Dispatch and Receipt of Electronic Data Messages or
party: Provided, that the obligation of one bank, entity, or person similarly
Electronic Documents. - Unless otherwise agreed between the originator and the
situated to another arising therefrom shall be considered absolute and
addressee, an electronic data message or electronic document is deemed to be
shall not be subjected to the process of preference of credits.
dispatched at the place where the originator has its place of business and
received at the place where the addressee has its place of business. This rule
Time of dispatch / Place of dispatch and Receipt of E-data message shall apply even if the originator or addressee had used a laptop or other
or E-documents. portable device to transmit or receive his electronic data message or electronic
document. This rule shall also apply to determine the tax situs of such transaction.

(Section 21, 22 1nd 23) For the purpose hereof -

a.​ If the originator or addressee has more than one place of business, the
Section 21. Time of Dispatch of Electronic Data Messages or Electronic Documents.
place of business is that which has the closest relationship to the
- Unless otherwise agreed between the originator and the addressee, the dispatch
underlying transaction or, where there is no underlying transaction, the
of an electronic data message or electronic document occurs when it enters an
principal place of business.​
information system outside the control of the originator or of the person who sent
the electronic data message or electronic document on behalf of the originator.
b.​ If the originator or the addressee does not have a place of business,
reference is to be made to its habitual residence; or​
Section 22. Time of Receipt of Electronic Data Messages or Electronic
Documents. - Unless otherwise agreed between the originator and the c.​ The "usual place of residence" in relation to a body corporate, means the
addressee, the time of receipt of an electronic data message or electronic place where it is incorporated or otherwise legally constituted.
document is as follows:
The E-Commerce Act is applicable to Carriage of Goods – (1)​ Where the law requires that any action referred to contract of carriage
of goods be carried out in writing or by using a paper document, that
As to electronic commerce in carriage of goods, the law provides in Section 25
requirement is met if the action is carried out by using one or more data
and 26 thereof that “where the law requires that any action (in connection with
messages or electronic documents.
carriage of goods) be carried out in writing or by using a paper document, the
requirement is met if the action is carried out by using one or more electronic
(2)​ Paragraph (1) applies whether the requirement there in is in the form of
data or electronic documents. Thus, E-messages or E-documents may be used as
an obligation or whether the law simply provides consequences for
“functional equivalents of written or paper documents in connection with the
failing either to carry out the action in writing or to use a paper
instances provided in Section 25.
document.
(Section 25 and 26)
(3)​ If a right is to be granted to, or an obligation is to be acquired by, one
Section 25. Actions Related to Contracts of Carriage of Goods. - Without person and no person, and if the law requires that, in order to effect this,
derogating from the provisions of part two of this law, this chapter applies to any the right or obligation must be conveyed to that person by the transfer,
action in connection with, or in pursuance of, a contract of carriage of goods, or use of, a paper document, that requirement is met if the right or
including but not limited to: obligation is conveyed by using one or more electronic data messages
or electronic documents unique;
(a)​
I.​ furnishing the marks, number, quantity or weight of goods; (4)​ For the purposes of paragraph (3), the standard of reliability required
II.​ stating or declaring the nature or value of goods; shall be assessed in the light of the purpose for which the right or
III.​ issuing a receipt for goods; obligation was conveyed and in the light of all the circumstances,
IV.​ confirming that goods have been loaded; including any relevant agreement.

(b)​ (5)​ Where one or more data messages are used to effect any action in
I.​ notifying a person of terms and conditions of the contract; subparagraphs (f) and (g) of Section 25, no paper document used to
II.​ giving instructions to a carrier; effect any such action is valid unless the use of electronic data message
or electronic document has been terminated and replaced by the used
(c)​ of paper documents. A paper document issued in these circumstances
I.​ claiming delivery of goods; shall contain a statement of such termination. The replacement of the
II.​ authorizing release of goods; electronic data messages or electronic documents by paper
III.​ giving notice of loss of, or damage to goods; documents shall not affect the rights or obligation of the parties
involved.
(d)​ giving any other notice or statement in connection with the performance
of the contract; (6)​ If a rule of laws is compulsorily applicable to a contract of carriage of
goods which is in, or is evidenced by, a paper document, that rule shall
(e)​ undertaking to deliver goods to a named person or a person authorized not be inapplicable to such a contract of carriage of goods which is
to claim delivery; evidenced by one or more electronic data messages or electronic
documents by reason of the fact that the contract is evidenced by such
(f)​ granting, acquiring, renouncing, surrendering, transferring or negotiating electronic data messages or electronic documents instead of by a
rights in goods; paper document.

(g)​ acquiring or transferring rights and obligations under the contract. Electronic Transactions in Government.

Section 26. Transport Documents. - -​ The law mandates that the Government, within two (2) years from the date
of effectivity of the act, must accept/use E-data messages, E- documents
 and E-signatures. adequate integrity, security and confidentiality of electronic
data messages or electronic documents or records of
payments;
(Section 27, 28)
5)​ other attributes required to electronic data messages or
Section 27. Government Use of Electronic Data Messages, Electronic Documents electronic documents or payments; and
and Electronic Signatures. - Notwithstanding any law to the contrary, within two
(2) years from the date of the effectivity of this Act, all departments, bureaus, 6)​ the full or limited use of the documents and papers for
offices and agencies of the government, as well as all government-owned and compliance with the government requirements: Provided, that
-controlled corporations, that pursuant to law require or accept the filing of this Act shall be itself mandate any department of the
documents, require that documents be created, or retained and/or submitted, government, organ of state or statutory corporation to accept
issue permits, licenses or certificates of registration or approval, or provide for the or issue any document in the form of electronic data messages
method and manner of payment or settlement of fees and other obligations to or electronic documents upon the adoption, promulgation
the government, shall - and publication of the appropriate rules, regulations or
guidelines.
(a)​ accept the creation, filing or retention of such documents in the form of
electronic data messages or electronic documents; Section 28. RPWEB To Promote the Use of Electronic Documents or Electronic
Data Messages In Government and to the General Public. - Within two (2) years
(b)​ issue permits, licenses, or approval in the form of electronic data from the effectivity of this Act, there shall be installed an electronic online
messages or electronic documents; network in accordance with Administrative Order 332 and House of
Representatives Resolution 890, otherwise known as RPWEB, to implement Part IV
(c)​ require and/or accept payments, and issue receipts acknowledging of this Act to facilitate the open, speedy and efficient electronic online
such payments, through systems using electronic data messages or transmission, conveyance and use of electronic data messages or electronic
electronic documents; or documents amongst all government departments, agencies, bureaus, offices
down to the division level and to the regional and provincial offices as
(d)​ transact the government business and/or perform governmental practicable as possible, government owned and controlled corporations, local
functions using electronic data messages or electronic documents, and government units, other public instrumentalities, universities, colleges and other
for the purpose, are authorized to adopt and promulgate, after schools, and universal access to the general public.
appropriate public hearing and with due publication in newspapers of
general circulation, the appropriate rules, regulations, or guidelines, to, The RPWEB network shall serve as initial platform of the government information
among others, specify - infrastructure (GII) to facilitate the electronic online transmission and conveyance
1)​ the manner and format in which such electronic data of government services to evolve and improve by better technologies or kinds
messages or electronic documents shall be filed, created, and electronic online wide area networks utilizing, but not limited to, fiber optic,
retained or issued; satellite, wireless and other broadband telecommunication mediums or modes.

2)​ where and when such electronic data messages or electronic To facilitate the rapid development of the GII, the Department of Transportation
documents have to signed, the use of an electronic signature, and Communications, National Telecommunications Commission and the
the type of electronic signature required; National Computer Center are hereby directed to aggressively promote and
3)​ the format of an electronic data message or electronic implement a policy environment and regulatory framework that shall lead to the
document and the manner the electronic signature shall be substantial reduction of costs of including, but not limited to, lease lines, land,
affixed to the electronic data message or electronic satellite and dial-up telephone access, cheap broadband and wireless
document; accessibility by government departments, agencies, bureaus, offices,
government owned and controlled corporations, local government units, other
4)​ the control processes and procedures as appropriate to ensure public instrumentalities and the general public, to include the establishment of a
government website portal and a domestic internal exchange system to to the damage incurred and a mandatory imprisonment of six (6) months
facilitate strategic access to government and amongst agencies thereof and to three (3) years;
the general public and for the speedier flow of locally generated internal traffic
within the Philippines. (b)​ Piracy or the unauthorized copying, reproduction, dissemination, or
distribution, importation, use, removal, alteration, substitution,
The physical infrastructure of cable and wireless system for cable TV and broadcast modification, storage, uploading, downloading, communication, making
excluding programming content and the management thereof shall be available to the public, or broadcasting of protected material, electronic
considered as within the activity of telecommunications for the purpose of signature or copyrighted works including legally protected sound
electronic commerce and to maximize the convergence of ICT in the installation recordings or phonograms or information material on protected works,
of the GII. through the use of telecommunication networks, such as, but not limited
to, the internet, in a manner that infringes intellectual property rights shall
CONFIDENTIALITY – The law also underscores the obligation of confidentiality be punished by a minimum fine of one hundred thousand pesos (P
under Section 32. 100,000.00) and a maximum commensurate to the damage incurred and
a mandatory imprisonment of six (6) months to three (3) years;
(Section 32)
(c)​ Violations of the Consumer Act of Republic Act No. 7394 and other
relevant to pertinent laws through transaction covered by or using
Section 32. Obligation of Confidentiality. - Except for the purposes authorized
electronic data messages or electronic documents, shall be penalized
under this Act, any person who obtained access to any electronic key,
with the same penalties as provided in those laws;
electronic data message or electronic document, book, register,
correspondence, information, or other material data pursuant to any powers
(d)​ Other violations of the provisions of this Act, shall be penalized with a
conferred under this Act, shall not convey to or share the same with any other
maximum penalty of one million pesos (P 1,000,000.00) or six (6) years
person.
imprisonment.

Illegal Activities / Penalties

—----------------------------------------------------
-​ To protect internet users, consumers and owners of computer
systems/ servers and copyright owners, the law defines what
constitutes illegal activities and provides penalties thereof.

(Section 33)

Section 33. Penalties. - The following acts, shall be penalized by fine and/or
imprisonment, as follows:

(a)​ Hacking or crackling with refers to unauthorized access into or

interference in a computer system/server or information and
communication system; or any access in order to corrupt, alter, steal, or
destroy using a computer or other similar information and communication
devices, without the knowledge and consent of the owner of the
computer or information and communications system, including the
introduction of computer viruses and the like, resulting in the corruption,
destruction, alteration, theft or loss of electronic data messages or
electronic documents shall be punished by a minimum fine of One
Hundred Thousand pesos (P 100,000.00) and a maximum commensurate