Philippines Supplement

Effective date: September 10, 2026
Last updated: September 10, 2026

This Philippines Supplement ("Supplement") is published by Esqase, Inc. ("Esqase," "we," "us," or "our"). It forms part of our Terms of Service for a Firm based in the Philippines, and it states the terms and information that apply to a signer or a data subject in the Philippines. Capitalized terms not defined here have the meanings given in the Terms of Service.

The main Esqase agreements are written for the United States, where Esqase is incorporated and where most of its customers practice. This Supplement is where the Philippine detail lives. Where it conflicts with another part of the Terms of Service as to a Firm based in the Philippines, this Supplement controls, as Section 22 of the Terms provides.

1. Who This Supplement Is For

This Supplement applies to:

• A Firm whose registered country is the Philippines, for its Subscription, its billing, and its use of the Service.
• A signer, form submitter, payer, or booking invitee in the Philippines who uses a page a Firm shares through the Service.
• An individual in the Philippines whose personal information Esqase processes.

It does not change the terms that apply to a Firm outside the Philippines.

2. Billing, Currency, and Value-Added Tax

• Currency. Fees for a Firm based in the Philippines are stated and charged in Philippine pesos. This is the other currency Section 3.1 of the Terms of Service and Section 1 of the Billing and Refund Policy refer to. If your card is denominated in another currency, your bank or card issuer sets the conversion rate and may add a foreign transaction fee. Those bank charges are yours, and we neither reimburse them nor include them in a refund.
• Value-added tax. For a Firm based in the Philippines, fees are subject to Philippine value-added tax on digital services where that tax applies, and the price presented to you at checkout states whether that tax is included; if you are registered for value-added tax in the Philippines and the reverse-charge mechanism applies to your purchase, you are responsible for accounting for that tax and will provide your registration details on request.
• How that tax is handled. Value-added tax on digital services is handled in accordance with Republic Act No. 12023 and the implementing regulations of the Bureau of Internal Revenue. Where you are a value-added-tax-registered business and the reverse-charge mechanism applies, you are responsible for withholding and remitting the tax due on your Subscription and for filing the corresponding return.
• Withholding. If a law requires you to withhold tax from a payment to us, the amount you pay is increased so that we receive the amount we would have received had no withholding been required, unless applicable law prohibits that increase. Section 3.7 of the Terms of Service and Section 1.1 of the Billing and Refund Policy state the rest of the tax terms.

3. The Free Trial

A Firm based in the Philippines trials on Professional. This is the variation Section 3.2 of the Terms of Service allows a country supplement to make.

A Firm based in the Philippines may start a trial without a payment method; when that trial ends, access to the Service is restricted until the Firm Owner adds a payment method and selects a plan, and nothing is charged automatically. Everything else about the trial, including its length, its one-per-Firm and one-per-account limit, and our right to change trial eligibility, is as Section 3.2 of the Terms of Service and Section 2 of the Billing and Refund Policy describe.

4. Electronic Signatures Under Philippine Law

This Section states the Philippine framework that Section 4 of our eSignature Guidelines points to. Like Sections 1 through 6 and Section 9 of those Guidelines, it describes the general legal framework and is provided for information only. It is not legal advice, and Esqase does not advise any firm on whether a particular document or signature is enforceable.

4.1 The Electronic Commerce Act of 2000 (Republic Act No. 8792) and Its IRR

In the Philippines, electronic signatures are governed by the Electronic Commerce Act of 2000 (Republic Act No. 8792), which recognizes electronic documents and electronic signatures as functionally equivalent to paper documents and handwritten signatures for commercial transactions. Section 6 provides that information is not denied legal effect, validity, or enforceability solely because it is in the form of an electronic data message; Section 7 gives an electronic document the legal effect, validity, and enforceability of any other document or legal writing, provided it maintains its integrity and reliability and can be authenticated; Section 8 governs electronic signatures; Section 9 supplies presumptions in their favor; and Section 11 sets out how electronic documents and signatures are authenticated until the Supreme Court provides otherwise, which it has since done through the Rules on Electronic Evidence. The statute is supplemented by its Implementing Rules and Regulations, which detail the technical and evidentiary requirements.

4.2 Electronic and Digital Signatures Under Philippine Law

Philippine law recognizes two levels of signature:

• An electronic signature is any distinctive mark, characteristic, or sound in electronic form that represents the identity of the signer, is attached to or logically associated with the electronic document, and is executed or adopted by the signer with the intention of authenticating or approving the document.
• A digital signature is an electronic signature consisting of a transformation of the electronic document using an asymmetric or public cryptosystem, such that a person holding the untransformed document and the signer's public key can determine whether the transformation was created with the corresponding private key and whether the document was altered afterward.

Esqase's eSignature is an electronic signature under Philippine law. It is not a Philippine-law digital signature, because it does not use an asymmetric cryptosystem tied to signer-held keys. Its enforceability rests instead on the evidence captured in the signing process, described in Section 4.3. Law firms whose transaction requires a cryptographic digital signature should determine that requirement and arrange an appropriate method.

4.3 Proving an Electronic Signature: RA 8792 and the Rules on Electronic Evidence

Under Section 8 of Republic Act No. 8792, an electronic signature is equivalent to the signature of a person on a written document if it is proved by showing that a prescribed procedure, not alterable by the parties interested in the electronic document, existed under which:

1. A method was used to identify the signer and to indicate the signer's access to the electronic document necessary for the signer's consent or approval;
2. That method was reliable and appropriate for the purpose for which the electronic document was generated or communicated, in light of all the circumstances, including any relevant agreement;
3. It was necessary for the signer, in order to proceed further with the transaction, to have executed or provided the electronic signature; and
4. The other party is authorized and enabled to verify the electronic signature and to make the decision to proceed with the transaction authenticated by the same.

The requirement that the procedure not be alterable by the interested parties is important to how Esqase is built. The signing procedure, the disclosure text, the order of steps, and the records captured are all controlled by Esqase, not by the sending firm or by the signer. Neither party to the document can change what the procedure captures or the order in which it captures it.

Republic Act No. 8792 also assists the party relying on an electronic signature. Under Section 9, it is presumed in any proceeding that the electronic signature is the signature of the person to whom it correlates, and that it was affixed by that person with the intention of signing or approving the electronic document, unless the person relying on it knew or had notice of defects in or unreliability of the signature, or reliance on it was not reasonable in the circumstances.

In legal proceedings, the Supreme Court of the Philippines Rules on Electronic Evidence (A.M. No. 01-7-01-SC, effective August 1, 2001) govern how an electronic signature is authenticated and admitted. Rule 6 provides three routes: evidence that a method or process was used to establish a digital signature and verify it; any other means provided by law; or any other means satisfactory to the judge as establishing the genuineness of the signature. Because Esqase provides an electronic signature rather than a digital signature (see Section 4.2), the first route is not available to it, and an Esqase signature is authenticated by the second or third. Rule 6 also carries disputable presumptions that the electronic signature is that of the person to whom it correlates, that it was affixed with the intention of authenticating or approving the document, and that the methods used to affix or verify it operated without error or fault. An authenticated electronic signature is treated as equivalent to a handwritten signature.

Esqase's signing process is designed to generate exactly this kind of evidence. The per-signer private link, and the email or password unlock that must be completed before the document opens, identify the signer and document their access; the versioned disclosure captures the signer's express consent to sign electronically before proceeding; and the Certificate of Completion, together with the recorded document hashes and Esqase's seal over the completed file, gives the firm a way to verify the signature and the document after the fact. This record helps establish authenticity, although the assessment always rests with the court.

4.4 Consent Under Philippine Law

Philippine law does not expressly require a party's prior consent to the use of an electronic signature. However, when validity is assessed, significant weight is given to whether the signer's conduct indicates consent to sign electronically. Esqase exceeds this baseline: every signer gives express, affirmative consent through a versioned disclosure that is stored with their signature before any signature is applied. For a firm whose firm details record the Philippines, that disclosure states expressly that the signer's electronic signature has the same legal effect, validity, and enforceability as a handwritten signature under Republic Act No. 8792 and its Implementing Rules and Regulations (the disclosure branch is described in Section 8 of the eSignature Guidelines).

4.5 Notarization in the Philippines

Notarization is a separate regime from electronic signature. The Supreme Court of the Philippines promulgated the Rules on Electronic Notarization (A.M. No. 24-10-14-SC) on February 4, 2025; they were published on March 9, 2025 and took effect fifteen days after publication. The Rules provide for Electronic Notaries Public, distinguish In-Person Electronic Notarization from Remote Electronic Notarization, and require that electronic notarization be performed through an Electronic Notarization Facility provider accredited by the Supreme Court under its accompanying Guidelines on the Accreditation of Electronic Notarization Facility Providers.

Esqase does not provide notarization and is not an accredited Electronic Notarization Facility provider. A document that requires notarization under Philippine law, including a document intended to become a public instrument, must be notarized separately, whether on paper before a notary public or electronically through an accredited facility. Signing a document in Esqase does not notarize it, and the Certificate of Completion is not a notarial act, a notarial certificate, or an entry in a notarial register.

Position as of September 2026. Confirm the current rules and the list of accredited providers with the Supreme Court before relying on this.

4.6 The Baseline Rule

The baseline rule in the Philippines is the same as the one Section 6 of the eSignature Guidelines states for the United States: a signature, document, or record cannot be denied legal effect, validity, or enforceability solely because it is in electronic form. In the Philippines it comes from Sections 6, 7, and 8 of Republic Act No. 8792.

5. Privacy Rights Under the Data Privacy Act

This Section states the Philippine detail that Section 11.4 of our Privacy Policy points to.

5.1 Your Rights

If you are in the Philippines, you have rights under Republic Act No. 10173 (Data Privacy Act of 2012) and its Implementing Rules and Regulations, including the right to be informed, the right to object, the right to access, the right to rectification, the right to erasure or blocking, the right to damages, the right to data portability, and the right to file a complaint with the National Privacy Commission (NPC).

5.2 Our Data Protection Officer

Esqase has designated a Data Protection Officer in accordance with NPC Advisory No. 2017-01. You may contact the Data Protection Officer, Kristoffer Bello, at legal@esqase.com with the subject line "Data Protection Officer," or by post at the address in Section 9. The same designation is published in Section 11.4 of our Privacy Policy and Section 22 of our Data Processing Agreement.

5.3 How to Make a Request, and How Long We Take

To exercise a right described in Section 5.1, follow the process in Section 11.6 of our Privacy Policy. Requests under the Philippine Data Privacy Act are handled within the period the National Privacy Commission's rules require.

If your personal information was entered into the Service by a Firm, that Firm controls it and your request goes to the Firm. Esqase will notify the Firm and assist it in responding.

5.4 Complaints

You may also file a complaint with the National Privacy Commission at privacy.gov.ph.

5.5 Our Lawful Criteria

Under the Philippine Data Privacy Act of 2012 we rely on the corresponding criteria in Section 12 of that Act for personal information, principally that the processing is necessary to perform a contract with you, to comply with a legal obligation, or for our legitimate interests. Where we process sensitive personal information as that term is defined in Section 3(l) of that Act, we rely only on a criterion permitted by Section 13, which in practice means your consent or a requirement of existing law or regulation. Section 4.2 of our Privacy Policy states the bases we rely on generally.

5.6 Cross-Border Transfers

For personal information transferred from the Philippines, we remain accountable for cross-border transfers under Republic Act No. 10173 (Data Privacy Act of 2012) and its Implementing Rules and Regulations, and we honor the requirements of the National Privacy Commission. Section 10 of our Privacy Policy describes where we process information.

5.7 Direct Marketing

Where a Firm uses personal data for direct marketing, the consent requirements of the Philippine Data Privacy Act of 2012 (Republic Act No. 10173) apply to that use. Section 3.8 of our Acceptable Use Policy makes compliance with the applicable electronic-marketing and data protection law the Firm's responsibility.

6. Data Processing

This Section states the Philippine detail that Section 19 of our Data Processing Agreement points to. It applies to a Firm based in the Philippines whether or not that Firm has accepted the Data Processing and Outsourcing Agreement (Philippines).

6.1 Applicable Data Protection Law

For a Firm to which it applies, the term "Applicable Data Protection Law" in the Data Processing Agreement includes the Philippine Data Privacy Act of 2012 (Republic Act No. 10173), its Implementing Rules and Regulations, and the circulars and advisories issued by the National Privacy Commission.

6.2 Roles and Additional Terms

Where the Philippine Data Privacy Act of 2012 (Republic Act No. 10173) applies, the Firm is the personal information controller and Esqase is the personal information processor, and the following apply in addition to the Data Processing Agreement:

• Prior instruction for subprocessing. The Firm's authorization in Section 6.1 of the Data Processing Agreement and its acceptance of the Subprocessors listed under Section 6.2 of that agreement constitute the Firm's prior instruction for the purposes of Section 44 of the Implementing Rules and Regulations of the Act. Esqase will not engage a further Subprocessor except in accordance with Section 6.3 of that agreement.
• Instruction to transfer. The Firm instructs Esqase to process and store Personal Data in the locations recorded in Annex A of the Data Processing Agreement. Esqase remains accountable for Personal Data it transfers to a Subprocessor.
• Breach reporting. Esqase will notify the Firm of a Security Incident under Section 8 of the Data Processing Agreement so that the Firm can meet its own obligation to notify the National Privacy Commission and affected Data Subjects within 72 hours of knowledge of, or reasonable belief in, a personal data breach requiring notification. Esqase will provide the information the Firm reasonably needs for that notification, and will not notify the National Privacy Commission on the Firm's behalf unless the Firm instructs it to.
• Data protection contact. Esqase's designated Data Protection Officer and Compliance Officer for Privacy is identified in Section 22 of the Data Processing Agreement and in Section 5.2 above.

6.3 Sensitive Personal Information

"Sensitive personal information" as defined in Section 3(l) of the Philippine Data Privacy Act of 2012 includes information about an individual's health, education, genetic or sexual life, and any proceeding for an offense committed or alleged to have been committed by that individual. Where that Act applies, the Firm is responsible for establishing a lawful basis for processing that data and for meeting the conditions in Section 13 of that Act, as Section 2.6 of the Data Processing Agreement provides.

6.4 The Record of Processing

Annex A of the Data Processing Agreement records the details of processing required by Section 44 of the Implementing Rules and Regulations of the Philippine Data Privacy Act of 2012, alongside the details required by the GDPR and the UK GDPR.

6.5 The Outsourcing Agreement

A Firm based in the Philippines that subscribes to Professional must have its Firm Owner accept the Data Processing and Outsourcing Agreement (Philippines) in the Service before the Firm can record personal injury data, as Section 3.1 of the Terms of Service provides. That agreement is the contract required by Section 44 of the Implementing Rules and Regulations, and where it has been accepted it prevails over this Supplement and over the Data Processing Agreement on the processing of Personal Data.

7. Non-Waivable Rights and Disputes

Nothing in the Terms of Service excludes or limits any right you have under the law of the country in which your Firm is established that cannot be excluded or limited by agreement, as Section 20 of the Terms provides. For a Firm established in the Philippines, this includes any mandatory provision of Philippine law that applies to the supply of the Service.

Nothing in Section 19 of the Terms of Service, including its arbitration and class action waiver provisions, limits the jurisdiction of the National Privacy Commission or of the Philippine courts over a matter the Philippine Data Privacy Act of 2012 reserves to them, or a data subject's right to complain to the Commission.

If you are an External User, Section 24 of the Terms of Service governs your use of the pages a Firm shares with you, and it carries no arbitration agreement and no class action waiver.

8. Changes to This Supplement

We may update this Supplement from time to time, for example when a Philippine statute or an issuance of the National Privacy Commission changes, or when we change how the Service works. We will post the updated Supplement at this address and revise the "Last updated" date above. Because this Supplement forms part of the Terms of Service for a Firm based in the Philippines, material changes are notified in accordance with Section 21 of the Terms.

9. Contact

For questions about this Supplement, contact:

Esqase, Inc.
2810 N Church St STE 89268
Wilmington, DE 19802, United States
Legal and contract questions: legal@esqase.com
Data protection matters, for the attention of the Data Protection Officer: legal@esqase.com
Support: support@esqase.com