What Is an Electronic Signature? Definition and Legal Basis in the Philippines
An electronic signature (e-signature) is any electronic sound, symbol, or process attached to or logically associated with a document, executed or adopted by a person with the intent to sign. Under Philippine law, specifically RA 8792 (the Electronic Commerce Act), electronic signatures have the same legal effect as handwritten signatures.
Definition Under Philippine Law
Section 5(d) of RA 8792 defines an electronic signature as “any distinctive mark, characteristic and/or sound in electronic form, representing the identity of a person and attached to or logically associated with the electronic data message or electronic document or any methodology or procedure employed or adopted by a person and executed or adopted by such person with the intention of authenticating, approving or accepting a record.”
In simpler terms: if you intend to sign a document electronically and take an action that demonstrates that intent, you’ve created an electronic signature.
Common Types of Electronic Signatures
Electronic signatures come in many forms, ranging from simple to advanced:
Simple Electronic Signatures
- Typed name at the end of an email or document
- Click-to-sign buttons (“I Agree,” “Accept,” “Sign”)
- Uploaded image of a handwritten signature
- Drawn signature on a touchscreen or trackpad
Advanced Electronic Signatures
- Digital signatures using PKI (Public Key Infrastructure)
- Biometric signatures (fingerprint, facial recognition)
- Certificate-based signatures from accredited certificate authorities
The key distinction: all digital signatures are electronic signatures, but not all electronic signatures are digital signatures. For a detailed comparison, see our article on the difference between digital and electronic signatures.
Legal Validity
Under RA 8792, an electronic signature is legally valid if:
- It is linked to the signatory – The signature can be attributed to a specific person
- The signatory had control – At the time of signing, the person controlled the signature creation method
- Alterations are detectable – Any change to the signature or document after signing can be detected
A document signed with a valid electronic signature cannot be denied legal effect solely on the grounds that it is in electronic form (Section 8, RA 8792).
E-Signatures in Court
When an electronically signed document is presented as evidence, the Rules on Electronic Evidence govern its admissibility. Key considerations:
- The electronic signature must be authenticated
- A document audit trail strengthens evidentiary weight
- Digital signatures with PKI receive a stronger presumption of authenticity
For guidance on making your signatures hold up in court, see how to make your digital signatures court-ready in the Philippines.
E-Signatures and E-Notarization
With the enactment of A.M. No. 24-10-14-SC, electronic signatures gained an additional dimension: they can now be part of an e-notarization process. When a document is electronically notarized:
- The principal applies their electronic signature
- The Electronic Notary Public applies their electronic signature and notarial seal
- The entire process is recorded with a tamper-proof audit trail
Industry Applications
Electronic signatures are used across industries in the Philippines:
- Legal – Contract execution, notarization, court filings
- Banking – Account opening, loan agreements, deposit transactions
- HR – Employment contracts, onboarding documents
- Procurement – Purchase orders, vendor contracts
- Real estate – Lease agreements (note: property transfer deeds are excluded under RA 8792)
- Education – Admissions forms, enrollment documents
Related Terms
- Digital Signature
- Public Key Infrastructure (PKI)
- RA 8792 (Electronic Commerce Act)
- Document Audit Trail
- E-Notarization
NotarialOS supports legally valid electronic signatures under RA 8792, integrated with e-notarization and corporate governance workflows for Philippine businesses and legal professionals.