Philippines

1. Is there specific legislation in Philippines ruling the using of documents (such as Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs) executed with the use of digital platforms or any electronic signatures by the local Aviation Authority?

None as of this date.

2. If your answer to (1) is yes, is there any specific requirement for the validity of such signatures, such as completion with a specific cryptographic platform developed by any local institute of technology?

N/A

3. Does the Aviation Authority in Philippines use an electronic register for Aircraft Documents or Aircraft Lease Documents (including Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs)?

It might be possible that the Aviation Authority uses some type of electronic register, but it is not publicly available and would not be accessible to the general public (it would likely be an intranet that is only available and accessible to the regulators).

4. If your reply to question 3 is yes, is it possible to upload electronic files for registration, such as Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs with the Aviation Authority in Philippines?

N/A

5. Do the courts of Philippines consider valid and enforceable documents executed by the use of some type of digital signature or certification even if not registered (or registrable) with the local Aviation Authority?

None as of this date.

6. Is it possible to upload lawsuits, pleadings, and procedural documents electronically in Philippines?

Currently, and as of this date, the Philippine judiciary and administrative agencies exercising quasi-judicial power do not have electronic platforms where lawsuits, pleadings, and documents can be uploaded. However, for documents bound for the Philippine Supreme Court (the High Court), electronic copies of all papers and annexes must be submitted via electronic email within 24 hours from the filing of the physical hard copies, which would still have to be filed via personally, via registered mail, or through an accredited courier, both of which electronic and filed copies must be the exact copies.

Generally, therefore, while some pleadings in judicial actions can be sent by email to the Philippine Supreme Court with the scanned signed document attached, the actual physical wet- signed documents are still customarily filed with respect to other judicial bodies and courts. This is also true for the Aviation Authority and for other administrative agencies.

7. Do the courts of Philippines accept procedural documents executed digitally? Is there any specific certification required? Does Philippines make any distinction between official digital signatures and private digital signatures?

Generally, while some pleadings in judicial actions can be sent by email with the scanned signed document attached, the physical wet-signed documents are still customarily filed with the relevant office and courts. This is also true for the Aviation Authority. For digital signatures, these are more recognized and accepted in the executive department, through the various administrative agencies, rather than the judiciary. Whenever accepted, there is a distinction made between official and private digital signatures. There is likewise no specific certification or authentication form or requirement from judicial courts and administrative bodies. Thus, they remain validly submitted and filed unless otherwise challenged.

8. Are there any formal requirements for the validity of documents executed by digital signatures? Ex.: Does the consent of the parties to digital signatures have to be expressly referred to in the agreement?

In 2001, the Electronic Commerce Act came into force and aimed to facilitate international transactions, contracts, and exchanges and storage of information through the utilization of electronic medium, as well as the technology to recognize the authenticity of electronic documents related to such transactions. This Act officially and legally initiated the recognition of electronic signatures and digital signatures.

In response to the Electronic Commerce Act, the High Court of the Philippines issued the electronic evidence rules. It is now recognized that electronic documents are the functional equivalents of paper-based documents such that whenever a rule of evidence refers to the term writing or document, such term shall be deemed to include an electronic document. As such, an electronic document is admissible in evidence if it complies with the rules on admissibility and can be authenticated in the manner prescribed by the rules on electronic evidence.

As to using digital signatures on electronic documents, while there is no formality requirement on how it is affixed to the electronic document, the important aspect of digital signatures is the authentication process required to be done under the rules on electronic evidence.

A “digital signature” refers to, and must comply with the definition as, an electronic signature consisting of a transformation of an electronic document or an electronic data message using an asymmetric or public cryptosystem such that a person having the initial untransformed electronic document and the signer’s public key can accurately determine: i) whether the transformation was created using the private key that corresponds to the signer’s public key; and ii) whether the initial electronic document had been altered after the transformation was made.

The rules provide for authentication of both the electronic document and the electronic or digital signature.

9. Can foreign entities not located in Philippines execute Lease Agreements or any Finance Documents with digital signatures to be filed for registration with the Aviation Authority in Philippines? Are there any other formalities required?

No. Any document signed outside the Philippines for filing at the Aviation Authority would require such document to be either apostilled or consularized at the Philippine Consulate.

10. Does the Aviation Industry in Philippines usually use digital tools such as blockchain technology for the purpose of control of Aircraft Documents in substitution of printed paper Aircraft Documents?

No, as of this date.

11. Are there any Notary or Apostille requirements in Philippines? If so, do they apply to electronically executed documents, and how does this affect the possibility of electronic execution and delivery of aviation documents?

Yes. Any document signed outside the Philippines for filing at the Aviation Authority would require such document to be either apostilled or consularized at the Philippine Consulate. If the document is electronically executed outside of the Philippines, so long as the Aviation Authority receives the original apostilled (or consularized) document, it will accept such document.

However, we note that there is a difference between the apostille and the consularization process. In order to apostille, the local laws of the country where the document is to be executed govern the formalities of the apostille. Therefore, if the local laws allow the electronic execution of a document and its eventual apostille, so long as the Aviation Authority receives the original apostilled documents, it will accept such documents.

For consularization, the Philippine Consulate, where located, would have its own rules for consularization (signing formalities). Generally, the consularization process requires that the document be wet signed in front of the consular officer. Therefore, electronic execution for documents to be consularized might not be allowed.

a. Has the Philippines implemented the e-Apostille program?

It is still under consideration to date.