consumer rights: pertinent philippine laws

PERTINENT LAWS ON CONSUMER RIGHTSPrepared by Sue Quirante of RTPM-DSHSAll copyrighted content were lifted in the spirit of fair use. This presentation was created as a learning material for public school instruction and may not be used for commercial purposes.Last modified October 10, 2016

IF IT’S NOT RIGHT, USE YOUR RIGHTS!

Consumer Act of the Philippines

Objective• Protection of consumers against hazards

to health and safety;• Protection of consumers against

deceptive, unfair and unconscionable sales acts and practices;

• Provision of information and education to facilitate sound choice and the proper exercise of rights by the consumer;

• Provision of adequate rights and means of redress;

• Involvement of consumer representative in the formulation of social and economic policies.

R.A. 7394 Declaration of Basic Policy

It is the policy of the State to protect the interest of the consumer, promote his general welfare and to establish standards of conduct for business and industry.


When is it applicable?• the COMPLAINANT is a natural

person;• the SUBJECT of the violation is a

consumer product or service; and• the NATURE of the complaint is

regarding any of the aforementioned concern

What is a consumer product or service?

goods, service and credits, debts or obligations which are primarily for personal, family, household or agricultural purpose, which shall include, but not limited to food, drugs, cosmetics and devices


What can a consumer do if he has a complaint?1. Identify the problem and what you believe

would be a fair settlement.2. Gather documentation regarding your

complaint.3. Go back to where you made the purchase.

Calmly and accurately explain the problem and what action you would like taken.

4. If you are not satisfied with the response, write a formal letter of complaint to the consumer protection agency concerned.

What is the period for filing consumer complaints?

Within 2 years from the time the consumer transaction was consummated or the deceptive or unfair and unconscionable act or practice was committed, and in case of hidden defects, from discovery thereof.

Arrange the

following in the correct

order.

_Explain the problem to the establishment where the defective item or bad service was purchased.

_Write a letter of complaint to the consumer protection agency.

_Identify the problem and know what you want as redress.

_Bring your official receipt and other necessary documents.

Philippine Lemon Law

The basics of Philippine Lemon Lawautodeal.com

a lemon car is a defective brand new unit that’s bought from an authorized dealer in the country

excludes motorcycles, buses, delivery trucks, dump trucks, and heavy equipment like bulldozers and cranes

protected by the law up to 12 months after purchase or within the vehicle’s first 20,000 km of total distance traveled

Republic Act No. 10642



any factory defects found in and around the brand new unit that don’t meet the manufacturer’s specifications or warranty claims are covered by the law

consumer may request (in writing) the dealer to have the defective unit fixed within the 12-month time period for at least 4 attempts

• consumer must return the unit within 30 days from the previous repair attempt otherwise the previous repair may be considered as successful




If the dealer didn’t resolve the issue beyond 4 attempts or if the issue persists after several repairs, the consumer may then issue a Notice of Availment of Lemon Law Rights to the dealer. If both parties agree with the notice, the consumer shall then return the unit for a final repair attempt. If the dealer still fails to resolve the issue, the consumer can bring the case up to the Department of Trade and Industry (DTI) for assistance.




During the period of unit repair or availment of Lemon Law rights, the dealer shall provide the consumer with either a daily transportation allowance or a service vehicle.

If ever the DTI deemed the issue in favor of the consumer, he or she can request the dealer to replace the unit with a similar model or a vehicle of higher value. Should the consumer choose to have a more expensive model, he or she has to pay the additional cost. On the other hand, the consumer may return the defective unit and demand a full refund with collateral damage pay.




If it’s proven that there's no defect on the unit, the DTI will order the consumer to pay or reimburse the total amount that’s spent by the dealer in repairing the otherwise non-defective unit.


How to file a complaint

What should your letter contain?

• your name and address;• name and address of

concerned establishment;• circumstances regarding

the complaint including names, dates, places, etc.

• Writing a letter• Writing an email• Online alternatives

Mediation- settlement of a

dispute or controversy by setting up an independent person between two contending parties in order to aid them in the settlement of their disagreement

legal-dictionary.thefreedictionary.com

Enclose supporting documents and you should be prepared to make an appearance when called, especially during the mediation conference.


Where can a complaint be filed?

• Provincial or Regional OfficeWhat are the available remedies?Administrative Proceedings• replacement or

repair of product or services

• refund of payment made

• restitution or rescission of contract

• reimbursement to complainant of amount spent in pursuing the complaint

In cases where the complainant and respondent are situated in different provinces, the complainant has the option to choose the place where to file the complaint.If the consumer decides to pursue civil/criminal action, it shall be filed with the appropriate regular courts (Municipal Trial Court/Regional Trial Court).

Civil/Criminal Action• award of damages• if found guilty, can

be sentenced to imprisonment or payment of fine or both


What are the administrative penalties?

• cease & desist order• assurance of compliance

o comply with provisionso refrain from unlawful actso 3 R’so reimburse complainanto restitution/rescission of contracto condemnation of hazardous goodso payment of fine (Php 500 –

300,000 and Php 1000 for each day of continuing violation)

National Consumer Affairs Councilbody created by the Consumer Act to improve the management, coordination and effectiveness of consumer programs and policies of the different government agencies and private organizations

• DTI• DepEd• DOH• DA• 4 consumer

organizations of nationwide base

• 2 business/ industry sectors

• Dimagiba said, upon receipt of a complaint, the DTI would send notices of mediation to parties involved. Mediation is supposed to be conducted within five days.

• If the parties fail to reach an agreement, the case is submitted for arbitration, with both parties required to submit their position papers. A decision is then rendered by the arbiter. The whole process, from receipt of the complaint to the arbitration decision, should ideally last only 20 days.

Send letters to The Consumer, Lifestyle Section, Philippine Daily Inquirer, 1098 Chino Roces Ave. cor. Mascardo and Yague Sts., 1204 Makati City; fax 8974793-94; or e-mail [email protected]

Sample LetterJuana ChangeLot 1 Blk 5 Azumi SubdBatinguel, Dumaguete [email protected]

19 September 2016

Dear Manager,

RE: COMPLAINT ABOUT FAULTY TELEVISION CABINET PURCHASED AT CABINET WORLD ON 15 DECEMBER 2015

I am unhappy with the quality of a television cabinet I bought at X APPLIANCE CENTER on 15 December and I am writing to seek a replacement.

mailto:[email protected]

Sample LetterThe cabinet doors do not open and shut properly and the stain on the cabinet is uneven, with one half darker than the other. The cabinet was delivered on 30 December and I noticed this problem as soon as I unpacked it from the box. The cabinet is not of acceptable quality and does not match the sample cabinet I was shown in the store. I would like you to replace it with one of the same quality and finish as the sample and arrange for a return of the faulty cabinet at no cost.

I have attached a photocopy of my receipt as proof of purchase.

I would like to have this problem fixed quickly please. If I do not hear from you within 10 days, I will lodge a formal complaint with DTI.

You can contact me on 1234 5678 during working hours or after hours on 123 456 789 to discuss this matter further.

Yours sincerely,Juana Change

Apply What You LearnedInstructions:

1. Review your interview notes (homework) for the most important details that need to be included in a complaint letter.

2. Pretend to write a complaint letter addressed to the business/establishment guilty of rendering bad service or selling a defective product.

3. Be assertive but keep your tone formal and polite.

Complaint Letter RubricCriteria Description of Mastery

Content

Contains necessary details:complainant’s name, address, contact number, establishment’s name, address, contact number, description of circumstances, conditions for settlement (10 pts)

Tone Assertive but formal and polite (5 pts)

Format Follows the basic conventions of letter writing (5 pts)

http://www.cab.gov.ph/online-passenger-complaint-form

The goal of the CAB is to develop and regulate an air transport industry that delivers world-class services to passengers. As such, CAB is your primary partner in advocating passengers rights for a convenient, reliable, and safe air travel.

If you would like to complain about being bumped off your flight schedules, misleading promos, or any other problem with local and international airlines, let CAB help you.

Online Alternatives

Online Alternatives

http://complaintsboard.ph/main/about

Complaints Board provides a venue for Filipinos to be heard. It is an open forum where you can freely voice out your opinions and reviews on anything that concerns the Filipino consumer. It aims to deliver relevant and timely information from relevant and unbiased sources—consumers just like you.

Made by Pinoys for Pinoys.

Online Alternatives

http://complaintsboard.ph/main/about

Online Alternatives

5 Ways to Complain Through

Social Mediaby Joe Manna

blog.joemanna.com

1. Attempt all Reasonable Means Through Front-End Customer Serviceo Call at different timeso Bolster your complaint (victim of neglect)o Document your attempts

2. Research the Company and Interactions with Customers on the Webo Twitter, FB, YouTube presence

3. Publish a Tweet Directed at the Company Asking for Helpo @COMPANYNAME I need help and have

an outstanding concern. Please DM me.

Online Alternatives



blog.joemanna.com

4. Write a Damaging Blog Post I’d title it something to the effect of “COMPANYNAME Review – My Horrific Experience” Keep it simple and to the point but aggressive. Don’t use inflammatory language unless absolutely required.”

“Make the post intelligible, include good grammar and make it very detailed. Include all the references from step one earlier keeping an unbiased, fact-based picture of your experience. I suggest writing it in Word first, then pasting it after many edits.”

Online Alternatives



blog.joemanna.com

5. Use Video to Humanize Your Points

“If a company still hasn’t responded (shocker!), escalate your attack to using video. Video is effective because it humanizes your complaint from words of text into a real person. Don’t be arrogant, paint yourself as the victim but don’t be unrealistic. Authenticity and genuine concerns go a long way to earning support from others.”

Online Alternative

s

What is Red Tape?a series of actions or complicated tasks that seem unnecessary but that a government or organization requires you to do in order to get or do somethingofficial routine or procedure

marked by excessive complexity which results in delay or inaction

Merriam-Webster

R.A. 9485

There should always be a visible, readable, and understandable citizen's charter posted in the government office stating all the required documents for a process, how long the process should take, who is in charge, and necessary fees.

Citizen’s Charter

By law, government offices are required to accept all applications. If they are rejected, a written explanation should be provided stating the reason why.

Written ExplanationEvery office is required to have Public Assistance and Complaints Desk where citizens can ask questions. Also, this is where you can file complaints and grievances. By law, there should ALWAYS be someone manning the help desk.

Help Desk

By law, frontline government employees must be courteous, must give correct information, and most importantly, should always wear an ID.

Expected Behavior

Priority Lanes

Bribery is Illegal Just because people are doing it, it doesn't make it right. When we pay a bribe, we support and fund the system of corruption.

Senior citizens and PWD

Application TimelineBy law, each submitted application must be acted upon within 5-10 working days (or less) from date of receipt5-Signature Limit Accountability

R.A. 9485

Online Alternatives

http://bantay.ph/

The Contact Center ng Bayan (CCB) is a feedback mechanism designated as the government’s main helpdesk where citizens can request for information and assistance on government frontline service procedures, and report commendations, appreciation, complaints, and feedback.

The CCB was established by the Civil Service Commission and the Information and Communications Technology Office-National Computer Center (ICTO-NCC) to support the implementation of Republic Act No. 9485 or the Anti-Red Tape Act (ARTA) of 2007

Success StoryName: AnonymousNature of Concern: undue solicitation of payments by Mr. Bien Gonzalvo and a certain “Amagon”Agency: Batangas State University

Description:

“GUDPM YOON PAMAMGKIN KO NAPASOK SA BTNGAS STATE UNIV COURSE AY MECHL ENGG. NARINIG KO SA USAPAN NILA NG KAKLASE NA YUN DW ISA TEACHER NILA NA BIEN PANGALAN NANINGIL NG P100 KADA STUDENT SA BUONG BATCH NG 4TH YEAR PARA DAW SA OUTREACH PROGRAM PERO WALA DAW GINANAP NA GANUN. DI RIN DAW NAGTUTURU.

IMBESTIGAHAN SANA AT TANGGALIN YUN GUDPM MAY 1 PA YUN DAW TEACHER NILA SA BATNGAS STATE U MECHL ENGG DEPT NA AMAGON ANG APELYEDO NANINGIL SA KNILA NG P100 PARA SA XEROX PERO WALA NAMAN IBINIGAY KAHIT ISA PHINA.GANITO NA BA TEACHERS SA BSU. SANA MAIMBESTIGAHAN DIN 2016.04.05 20:28: REFERENCE CODE IRN017503 ANG BUONG PANGALAN NG TEACHER AY BIEN GONZALVO. NANINGIL SYA P100 PARA DAW SA OUTREACH PROJECT NUN DECMBR. DI NYA SINABI ANO PROGRAM.”

Agency Action:

CSC received a letter from DR. TIRSO A. RONQUILLO, University President, BATANGAS STATE UNIVERSITY, stating that:

In view of your letter received by our office on April 8, 2016 regarding the complaint against Engr. Vencent "Bien" Gonzalvo and Engr. Paul Bryan Amagon, contractual faculty members of the Mechanical Engineering Department of the University's College of Engineering, Architecture and Fine Arts (CEAFA), we are respectfully informing your good office of the action taken by the University.

On April 11, 2016, the office of the undersigned created an Investigation Committee through Memorandum No. 165, s. 2016. The committee was directed to look into the issue and submit a written report to the office. The Investigation Committee, in its report submitted on April 15, 2016, found out that the complaint against Engr. Gonzalvo and Engr. Amagon is factual.

In view of the foregoing, it was decided that the contracts of Engr. Gonzalvo and Engr. Amagon will not be renewed anymore by the University.

For the good of the service, I remain.

Online Alternatives

http://www.gov.ph/feedback/idulog/

Online Alternatives

http://www.gov.ph/feedback/makiisa/

Developing Mastery: Re-enactmentInstructions:1. Meet with your group and assign a team

manager, scribe, a critic, and at least two actors.

2. The manager shall let each member share about the experiences of their interviewees (homework).

3. The scribe should briefly summarize the experiences described by each member in 1-2 sentences in a ½ sheet of paper.

4. The manager shall let each member share about the methods suggested

by each interviewee.5. The scribe should note these down.6. The critic should take the lead in discussing

which methods to recommend to the class.7. The group shall decide which experience to

re-enact in class.8. The actors shall take the lead in planning

and practicing for the re-enactment.9. After the re-enactment, the critic shall point

out weak points in the re-enactment (if any) and share recommended methods to the class.

Re-enactment RubricCriteria Description of Mastery (3 pts) Weig

htParticipati

on & Focus

All members were engaged in relevant and productive tasks throughout the allotted time for preparation.

x2

Scribe Notes

The notes taken contain enough details to allow the reader to draw a picture of the discussion that took place between the members.

PortrayalThe re-enactment was easy to understand and able to keep the audience interested from beginning to end. Started and ended on time.

x3

CritiqueThe weak points and suggested methods pointed out in the critique were sensible and showed careful thinking.

x2

consumer rights: pertinent philippine laws

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