It also means techniques purely intended to increase the sales, patronage and/or goodwill of a product. Application of Laws Enacted Prior to the Act. Repair Service Obligation. AN ACT PROVIDING FOR THE RECOGNITION AND USE OF ELECTRONIC COMMERCIAL AND NON -COMMERCIAL TRANSACTIONS AND DOCUMENTS, PENALTIES FOR UNLAWFUL USE THEREOF AND FOR OTHER PURPOSES. Arbitration Officers; Jurisdiction. a) No claim in the advertisement may be made which is not contained in the label or approved by the concerned department. – The parties in a consumer credit transaction may at any time agree in writing to a deferral of all or part of one or more unpaid installments and the creditor may make and collect a charge which shall not exceed the rate previously disclosed pursuant to the provisions on disclosure. The Executive Director shall, among his other functions, monitor and coordinate the implementation by the concerned agencies of their respective consumer programs. Unfair or Unconscionable Sales Act or Practice. Promulgation and Adoption of Consumer Product Standards. – A drug or device shall be deemed to be adulterated: a) 1) if it contains in whole or in part of any filthy, putrid, or decomposed substance which may affect its safety, efficacy or good quality; or (2) if it has been manufactured, prepared or held under unsanitary conditions whereby it may have been contaminated with dirt or filth or whereby it may have been rendered injurious to health; or (3) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (4) if it bears or contains any color other than a permissible one as determined by the Department, taking into consideration standards of safety, efficacy or good quality. e) if it is not a hair dye, and it bears or contains color additive other than which is permissible. If the comparison does not relate to an item sold or offered for sale during the ninety-day period, the date, time or seasonal period of such sale or offer shall be disclosed in the advertisement. Certification of Accreditation. – The periodic statement transmitted by the creditor in connection with any extension of consumer credit other than under an open-end consumer credit plan, shall set forth the following information: c) the date by which, or the period (if any) within which payment must be made in order to avoid additional finance charges;cralaw, d) method of determining the balance upon which the finance charge may be imposed.chanroblesvirtuallawlibrary. Publication of Consumer Product Standards. Consumer Arbitration Officers; Qualifications. The prohibition in this Chapter shall not apply to persons engaged in the business of wholesale or retail distributors of consumer products except to the extent that such persons: a) are engaged in the packaging or labeling of such products;cralaw, b) prescribe or specify by any means the manner in which such products are packaged or labeled; or, c) having knowledge, refuse to disclose the source of the mislabeled or mispackaged products.chanroblesvirtuallawlibrary. Copies of these program shall be furnished the Council. f) Breach of warranties. Article 68. Article 173. It was in this light that the Consumer Act of the Philippines (Republic Act. Article 62. A drug to which sub-article (b) (1) of this Article does not apply shall de deemed to be mislabeled it at any time prior to dispensing, its label bears the caution statement quoted in the preceding sentence. In determining the quantity of such added substance to be tolerated in different articles of food, the Department shall take into account the extent to which the use of such article is required or can not be avoided in the production or manufacture of such articles and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substance. – Any certificate of accreditation may be suspended, revoked or cancelled by the Department, for cause, after due notice and hearing. e) to undertake a continuing education and information campaign to provide the consumer with, among others; 1) facts about consumer products and services;cralaw, 2) consumer rights and the mechanism for redress available to him;cralaw, 3) information on new concepts and developments on consumer protection; and, 4) general knowledge and awareness necessary for a critical and better judgment on consumption;cralaw. f) The Consumer arbitration officer may summon witnesses, administer oaths and affirmations, issue subpoena and subpoena duces tecum, rule upon offers of proof and receive relevant evidence, take or cause deposition to be taken whenever the ends of justice would be served thereby, regulate the course of the hearing, rule on any procedural request or similar matter and decide the complaint.chanroblesvirtuallawlibrary. tagalog 2 See answers rean2412 rean2412 magbigay prinsipyo para makatulong sa bansa . tagalog - 6356075 rainmartin1 rainmartin1 05.11.2020 Economics Junior High School Ano ang layunin ng consumer act of the philippines? Article 105. In case of juridical persons, the penalty shall be imposed upon its president, manager or head. Required Disclosures on Consumer Loans Not Under Open-End Credit Plan. – For the warrantor of a consumer product to meet the minimum standards for warranty, he shall: 1) remedy such consumer product within a reasonable time and without charge in case of a defect, malfunction or failure to conform to such written warranty;cralaw, 2) permit the consumer to elect whether to ask for a refund or replacement without charge of such product or part, as the case may be, where after reasonable number of attempts to remedy the defect or malfunction, the product continues to have the defect or to malfunction.chanroblesvirtuallawlibrary. In hearing the complaint, the mediation officer shall use every and all reasonable means to ascertain the facts in each complaint speedily and objectively without regard to strict rules of evidence prevailing in suits before courts. Declaration of Basic Policy. Article 87. – Any creditor extending a consumer credit sale other than one pursuant to an open-end credit plan shall disclose in a statement to the extent applicable, the following information: a) the cash price or delivered price of the property or service to be acquired;cralaw, b) the amounts, if any, to be credited as down payment and/or trade in;cralaw, c) the total amount to be financed or the difference between the amounts set forth under paragraphs (1) and (2);cralaw, d) the charges, individually itemized, which are paid or to be paid by such person in connection with the transaction but which are not incident to the extension of credit;cralaw, e) the finance charge expressed in terms of pesos and centavos;cralaw, f) the percentage that the finance charge bears to the total amount to be financed expressed as a simple annual rate on the outstanding balance of the obligation;cralaw, h) the number, amount and due dates or periods of payments scheduled to repay the indebtedness; and, i) the default, delinquency or similar charges payable in the event of late payments.chanroblesvirtuallawlibrary. – The Department of Trade and Industry, shall strictly enforce the provision of this Chapter and its implementing rules and regulations. Article 138. Ignorance of Quality Imperfection. – The State shall enforce compulsory labeling, and fair packaging to enable the consumer to obtain accurate information as to the nature, quality and quantity of the contents of consumer products and to facilitate his comparison of the value of such products. Packaging of Products Under Promotion. if (yr!=1998) c) Within one hundred eighty (180) days after the filing of an application under this sub-article, or such additional period as may be agreed upon by the Department and the applicant, the Department shall either (1) approve the application if he then finds that none of the grounds for denying approval specified in sub-article (d) applies, or (2) give the applicant notice of an opportunity for a hearing before the Department under sub-article (d) on the question whether such application is approvable. Philippines… – The suppliers of durable or nondurable consumer products are jointly liable for imperfections in quality that render the products unfit or inadequate for consumption for which they are designed or decrease their value, and for those resulting from inconsistency with the information provided on the container, packaging, labels or publicity messages/advertisement, with due regard to the variations resulting from their nature, the consumer being able to demand replacement to the imperfect parts. Article 13. –. Article 121. h) No drug or device shall be manufactured, sold, offered for sale, imported, exported, distributed or transferred, unless registered by the manufacturer, imported or distributor thereof, in accordance with rules and regulations promulgated by the Department pursuant to this Act. For purposes of paragraph (c) of this Article, a package shall be deemed to be nonfunctionally slack-filled if it is filled to substantially less than its capacity for reasons other than (1) protection of the contents of such package, (2) the requirements of machines used for enclosing the contents in such package, or (3) inherent characteristics of package materials or construction being used. aw) "New Drugs" mean (1) any drug the composition of which is such that said drug is not generally recognized among experts qualified by scientific training and experience to evaluate the safety, efficacy and quality of drugs as safe, efficacious and of good quality for use under the conditions prescribed, recommended, or suggested in the labeling thereof; or (2) any drug the composition of which is such that said drug, as a result of its previous investigations to determine its safety, efficacy and good quality for use under certain conditions, has become so recognized but which has not, otherwise than in such investigations, been used to a material extent or for a material time under new conditions. – The best interest of the consumer shall be considered in the interpretation and implementation of the provisions of this Act, including its implementing rules and regulations. Article 18. – The provisions of this Act shall apply notwithstanding any agreement to the contrary but shall not restrict, limit or derogate from any other rights or remedies of a consumer under any other law. 1223, the Department is hereby authorized to impose, after notice and hearing, administrative fines of not less than One thousand pesos (P1,000.00) nor more than Five thousand pesos (P5,000.00) for any violation of this Act. Copyright © Article 131. Minimum Requirements for Accreditation. Article 53. Article 46. b) Any violation of the provisions of Articles 116 to 121 shall, upon conviction, subject the offenders to a fine of not less than Two hundred pesos (P200.00) but not more than Six hundred pesos (P600.00) or an imprisonment of not less than one (1) month but not more than six (6) months or both upon the discretion of the court. Article 61. Any advertisement of cigarette shall contain the name warning as indicated in the label. – After investigation, any of the following administrative penalties may be imposed even if not prayed for in the complaint: a) the issuance of a cease and desist order, Provided, however, That such order shall specify the acts that respondent shall cease and desist from and shall require him to submit a report of compliance therewith within a reasonable time;cralaw. Article 108. If the product was purchased from a distributor, the distributor shall likewise immediately honor the warranty. Article 139. Such registration is sufficient to hold the manufacturer, producer, or importer liable, in appropriate cases, under its warranty. Accreditation of Repair and Service Firm. Home Solicitation Sales; by Whom Conducted. SMC gears up to link east and west, after successfully linking south and north of MM l) "Closing out sale" means a consumer sale wherein the seller uses the announcement to create the impression that he is willing to give large discounts or merchandise in order to reduce, dispose or close out his inventory and business. Prescription. f) No person shall advertise any food, drug, cosmetic, device, or hazardous substance unless such product is duly registered and approved by the concerned department for use in any advertisement.chanroblesvirtuallawlibrary. c) Where a standard has been prescribed for a food, drug, cosmetic, or device, no person shall advertise any article or substance in such a manner that it is likely to be mistaken for such product, unless the article complies with the prescribed standard or regulation. If the Department finds that for good and sufficient reasons, full compliance with the labeling requirements otherwise applicable under this Chapter is impracticable or is not necessary for the adequate protection of public health and safety, it shall promulgate regulations exempting such substances from these requirements to the extent he deems consistent with the objective of adequately safeguarding public health and safety, and any hazardous substance which does not bear a label in accordance with such regulations shall be deemed to be a mislabeled hazardous substance. Article 51. a) The Department my cause to be disseminated information regarding food, drugs, devices, or cosmetics in situations involving, in the opinion of the Department, imminent danger to health, or gross deception to the consumer. Determination of Simple Annual Rate. c) The Department shall promulgate regulations exempting from any requirement of this Article and of Article 89 (j), (l) drugs which are to be stored, processed, labeled, or repacked at establishments other than those where manufactured, or condition that such drugs comply with all such requirements upon removal from such establishments; (2) drugs which conform to applicable standards of identity, strength, quality, and purity prescribed by these regulations and are intended for use in manufacturing other drugs; and (3) drugs which are intended for investigational use by experts qualified by scientific training and experience to investigate the safety and efficacy of drugs. Suspension, Revocation or Cancellation of Certification of Accreditation. Legal Guarantee of Adequacy. Article 126. Liability for Product and Service Imperfection. CHAPTER V PROMOTION OF SALES OF CONSUMER PRODUCTS AND SERVICES. ail E r . Unsafe Food Additives, Exceptions for Conformity with Regulation. k) "Chain distribution plans" or "pyramid sales schemes" means sales devices whereby a person, upon condition that he makes an investment, is granted by the manufacturer of his representative a right to recruit for profit one or more additional persons who will also be granted such right to recruit upon condition of making similar investments: Provided, That the profits of the person employing such a plan are derived primarily from the recruitment of other persons into the plan rather than from the sale of consumer products, services and credit: Provided, further, That the limitation on the number of participants does not change the nature of the plan. %PDF-1.2 %���� In a statement Thursday, the Department of Trade and Industry (DTI) said Mr. Lopez sought priority treatment for the passage of a revised Consumer Act of the Philippines, as well as an expanded Price Act. Delinquency Charges. The use of a used food, drug, cosmetic or device container for a hazardous substance does not diminish the danger posed by the hazardous substance involved, therefore, such substance shall be deemed a mislabeled hazardous substance.chanroblesvirtuallawlibrary. a) any person, association, partnership or corporation who shall violate any of the provisions of Articles 110 to 115 shall, upon conviction, be subject to a fine of not less than Five Hundred Pesos (P500.00) but not more than Five thousand pesos (P5,000.00) or an imprisonment of not less than one (1) month but not more than (6) months or both upon the discretion of the court. b) Where the comparison relates to a seller's future price, the future price shall take effect on the date disclosed in the advertisement or within ninety (90) days after the price comparison is stated in the advertisement. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Article 1. Any consumer product, the sale or use of which has been banned or withdrawn in the country of manufacture, shall not be imported into the country. #LegalMatters | Consumer Act of the PhilippinesQuestion: Umorder po ako sa isang online shop, pero iba po ang itsura ng nasa picture at personal. Adulterated Drugs and Devices. Article 6. Procedures for the issuance, amendment or repeal of regulations pursuant to clause (2) or paragraph (g) of this Article shall be governed by the rules and regulations promulgated by the Department of Health; Provided, That if the Department of Health finds that the distribution for household use of the hazardous substance involved presents an imminent hazards to the public health, it may publish in a newspaper of general circulation a notice of such finding and such substance shall be deemed to be a "banned hazardous substance" pending the issuance of regulation formally banning such substance. No other documentary requirement shall be demanded from the purchaser. Article 1. – The parties may agree on a finance charge in an open-end credit plan based on the amount financed resulting from the refinancing or consolidation at a rate not exceeding that permitted by the rules promulgated by the implementing agency. Article 119. Mislabeled Drugs and Devices. bg) "Radioactive substance" means any substance which emits ionizing radiation. An appeal may be entertained only on any of the following grounds: b) the order is in excess of the jurisdiction or authority of the consumer arbitration officer;cralaw, c) the order is not supported by the evidence or there is serious error in the findings of facts.chanroblesvirtuallawlibrary. Article 149. 4) the nature and use of consumer products. 1. Instruments officially sealed at some previous time which have remained unaltered and accurate and the seal or tag officially affixed thereto remains intact and in the same position and condition in which it was placed by the official sealer or his duly authorized representative shall, if presented for sealing, be sealed promptly on demand by the official sealer or his authorized representative without penalty except a surcharge fixed by law or regulation. Imported Products (a) Any consumer product offered for importation into the customs of the Philippine territory shall be refused admission if such product: (1) fails to comply with an applicable consumer product quality and safety standard or rule; (2) is or has been determined to be injurious, unsafe and dangerous; (3) is substandard; or (4) has material defect. – Whenever the concerned department determines that regulations containing requirements other than those prescribed in Article 77 hereof are necessary to prevent the deception of the consumer or to facilitate value comparisons as to any consumer product, it may issue such rules and regulations to: a) establish and define standards for characterization of the size of a package enclosing any consumer product which may be used to supplement the label statement of net quality, of contents of packages containing such products but this clause shall not be construed as authorizing any limitation on the size, shape, weight, dimensions, or number of packages which may be used to enclose any product;cralaw, b) regulate the placement upon any package containing any product or upon any label affixed to such product of any printed matter stating or representing by implication that such product is offered for retail at a price lower than the ordinary and customary retail price or that a price advantage is accorded to purchases thereof by reason of the size of the package or the quantity of its contents;cralaw, c) prevent the nonfunctional slack-fill of packages containing consumer products.chanroblesvirtuallawlibrary. The complaints shall be decided within fifteen (15) days from the time the investigation was terminated. If there is more than one obligor, a creditor need not furnish a statement of information required under this Act to more than one of them. Before designating any substance as a strong sensitizer, the implementing agency, upon consideration of the frequency of occurrence and severity of the reaction, shall find that the substance has a significant capacity to cause hypersensitivity. – This Act shall take effect thirty (30) days from the date of its publication in the Official Gazette. j) if it is, purports to be or is represented as a drug composed wholly or partly of insulin or of any kind of penicillin, streptomycin, chlortetracycline, chloramphenicol, bacitracin, or any other antibiotic drug, or any derivative thereof, unless: 1) it is from a batch with respect to which a certificate of release has been issued pursuant to regulations of the concerned department; and. – Whenever the departments find, by their own initiative or by petition of a consumer, that a consumer product is found to be injurious, unsafe or dangerous, it shall, after due notice and hearing, make the appropriate order for its recall, prohibition or seizure from public sale or distribution: Provided, That, in the sound discretion of the department it may declare a consumer product to be imminently injurious, unsafe or dangerous, and order is immediate recall, ban or seizure from public sale or distribution, in which case, the seller, distributor, manufacturer or producer thereof shall be afforded a hearing within forty-eight (48) hours from such order. – In a consumer credit sale other than one pursuant to an open-end credit plan, the obligation of the consumer to whom credit is being extended shall be evidenced by a single instrument which shall include, in addition to the disclosures required by this act, the signature of the seller and the person to whom credit is extended, the date it was signed, a description of the property sold and a description of any property transferred as a trade-in. Additional Labeling Requirements for Cosmetics. Article 49. The thirty-day period, however, may be extended by conditions which are beyond the control of the warrantor or his representative. Implementing Agency. bi) "Repair and service firm" means any business establishment, engaged directly or indirectly, in the repair, service or maintenance of any consumer product. g) to accredit independent competent testing laboratories. Be it enacted by the Senate and House of Representatives of the Republic of the Philippines in Congress assembled: PART I SHORT TITLE AND DECLARATION OF POLICY. – The concerned department shall aim at having consumer product standards established for every consumer product so that consumer products shall be distributed in commerce only after inspection and certification of its quality and safety standards by the department. – Any advertisement which makes special claims shall: b) properly use research result, scientific terms, statistics or quotations. c) all expenses in connection with the destruction provided for in paragraphs (a) and (b) of this Article and all expenses in connection with the storage and labor with respect to such hazardous substance shall be paid by the owner or consignee, and default in such payment shall constitute a lien against any importation by such owner or consignee.chanroblesvirtuallawlibrary. The provisions of the fifth paragraph of Article 99 shall apply to this Article. – The Departments shall establish procedures for meaningful participation by consumers or consumer organizations in the development and review of department rules, policies and programs. CHAPTER I CHAPTER VI – It shall be unlawful for any person to: a) introduce or deliver for introduction into commerce of any mislabeled hazardous substance or banned hazardous substance;cralaw, b) alter, mutilate, destroy, obliterate or remove the whole or any part of the label of a mislabeled hazardous substance, or banned hazardous substance, if such act is done while the substance is in commerce or while the substance is held for sale, whether or not it is the first sale;cralaw, c) receive in commerce any mislabeled hazardous substance or banned hazardous substance and the delivery or preferred delivery thereof at cost or otherwise;cralaw, d) give the guaranty or undertaking referred to in paragraph (b) of Article 93 and paragraph (b) of Article 45 if such guaranty or undertaking if false except by a person who relied upon a guaranty or undertaking which he received in good faith;cralaw, e) introduce or deliver for introduction into commerce or receive in commerce and subsequently deliver or preferred at cost or otherwise, or a hazardous substance in a refused food, drug, cosmetic or device container or in a container which, though not a reused container, is identifiable as a food, drug, cosmetic or device container by its labeling or by other identification. The Department is hereby authorized to sell the Drug Reference Manual at cost.chanroblesvirtuallawlibrary. Article 157. The Consumer Act of the Philippines or RA 7394 was enacted with three critical items in mind --t o protect the interests of the consumer, promote his general welfare and to establish standards of conduct for business and industry. – The concerned department shall be advised of any delay of starting dates or termination dates and details of any change in the conduct of a sales promotion. National Consumer Affairs Council. 2) Failure to make or send report. Suspension of Publication or Dissemination of Information. – Except as otherwise provided, the amount of the finance charges in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended and imposed directly or indirectly by the creditor as an accident to the extension of credit, including any of the following type of charges which are applicable: a) interest or time price differential and any amount payable under point or other system of additional charges;cralaw, b) collection fees which include finder's fees or similar charges;cralaw, e) premium or other charges for any guarantee or insurance protecting the creditor against the obligor's default or other credit loss.

consumer act of the philippines 2021