Quick answer

An electronic signature is any distinctive mark, characteristic, or sound in electronic form, representing the identity of a person and attached to or logically associated with an electronic document, executed or adopted by that person with the intention of authenticating or approving it. Under the E-Commerce Act, an electronic signature on an electronic document is equivalent to the signature of a person on a written document, provided it is proven by showing that a prescribed procedure, not alterable by the parties interested in the electronic document, existed under which: a method is used to identify the party sought to be bound and to indicate that party's access to the electronic document necessary for their consent or approval; the method is reliable and appropriate for the purpose for which the electronic document was generated or communicated, in the light of all the circumstances, including any relevant agreement; it is necessary for the party sought to be bound to proceed further with the transaction; and the other party is authorized and enabled to verify the signature and make the decision to proceed. It is useful to distinguish an electronic signature broadly (which can be a typed name, a scanned signature image, a click-to-accept, or a signature captured on a pad) from a digital signature, which uses public key cryptography and a certificate to bind the signer's identity to the document and to detect any alteration; a digital signature generally offers stronger evidentiary weight. There are important limits. Certain documents still require traditional formalities: notarization requires the personal appearance of the signatory before a notary under the Rules on Notarial Practice, and while remote or electronic notarization has been the subject of special rules and pilot issuances, ordinary electronic signatures do not substitute for notarization; documents required by law to be in a public instrument (such as a donation of real property) therefore still need proper notarization, and certain transactions like wills have their own strict formalities that electronic execution does not satisfy. So an electronic signature validly binds when the method reliably identifies the signer and shows intent, with digital signatures giving stronger proof, but notarized and other formally-required documents still demand the traditional formalities.

What an E-Signature Is

An electronic signature is any distinctive electronic mark representing a person's identity, attached to an e-document and adopted with the intent to authenticate or approve it.

When It Binds

It equals a written signature if a prescribed, non-alterable procedure exists under which the method identifies the party and shows their access/consent, is reliable and appropriate to the purpose and circumstances, is necessary to proceed, and the other party can verify it.

Electronic vs. Digital Signature

A broad electronic signature may be a typed name, a scanned image, or a click-to-accept. A digital signature uses public key cryptography and a certificate to bind identity and detect alteration — generally giving stronger evidentiary weight.

The Limits

Notarization requires personal appearance under the Rules on Notarial Practice, so an ordinary e-signature does not substitute for it. Documents needing a public instrument (e.g., donation of land) still need proper notarization, and wills have their own strict formalities.

Practical Takeaways

Frequently Asked Questions

Is an electronic signature legally binding? Yes, if it is proven that a prescribed, non-alterable procedure existed under which the method identifies the party and indicates their consent, and the method is reliable and appropriate in the circumstances.

What is the difference between an electronic and a digital signature? An electronic signature is any distinctive electronic mark showing intent, such as a typed name or click-to-accept. A digital signature uses public key cryptography and a certificate to bind identity and detect alteration, giving stronger evidentiary weight.

Can an electronic signature replace notarization? Generally no. Notarization requires the personal appearance of the signatory before a notary under the Rules on Notarial Practice, so an ordinary electronic signature does not substitute for it.

Can a will be signed electronically? No. Wills have their own strict formalities under the Civil Code, which electronic execution does not satisfy, whether the will is notarial or holographic.

This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.

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