Regulation of practices relative to weights and measures

Sealing and testing of instruments of weights and measures

All instruments for determining weights and measures in all consumer related transactions are required to be tested, calibrated, and sealed every six  months by the official sealer who must be the provincial, city, municipal treasurer (or his authorized representative) upon payment of fees required under existing law.[1] Such instruments are to be continuously inspected for compliance with the provisions of the law.[2]

Best Legal Practices

Obtain seal from the concerned local government unit – Businesses engaged in weighing and measuring consumer related transactions should obtain the official seal from the concerned local government unit. Thereafter, such seal should never be tampered as the same will be inspected regularly.

Use of metric system

The system of weights and measures to be used for all products, commodities, materials, utilities, services and commercial transactions, in all contracts, deeds and other official and legal instruments and documents are to follow the metric system, in accordance with existing laws and their implementing rules and regulations.[3]

Fraudulent practices relative to weights and measures

The following are prohibited acts as they are fraudulent practices relative to weights and measures:[4]

  1. For any person other than the official sealer or his duly authorized representative to place or attach an official tag, seal, sticker, mark, stamp, brand, or other characteristic sign, used to indicate that such instrument of weight or measure has officially been tested, calibrated, sealed or inspected;[5]
  2. For any person to imitate any seal, sticker, mark, stamp, brand, tag or other characteristic sign used to indicate that such instrument of weight or measure has been officially tested, calibrated, sealed or inspected;[6]
  3. For any person other than the official sealer or his duly authorized representative to alter, in any way, the certificate or receipt given by the official sealer or his duly authorized representative as an acknowledgment that the instrument for determining weight or measure has been fully tested, calibrated, sealed or inspected;[7]
  4. For any person to make or knowingly sell or use any false or counterfeit seal, sticker, brand, stamp, tag, certificate, or license, or any dye for printing or making the same or any characteristic sign used to indicate that such instrument of weight or measure has been officially tested, calibrated, sealed or inspected;[8]
  5. For any person other than the official sealer or his duly authorized representative to alter the written or printed figures, letters or symbols on any official seal, sticker, receipt, stamp, tag, certificate or license used or issued;[9]
  6. For any person to use or reuse any restored, altered, expired, damaged stamp, tag certificate, or license for the purpose of making it appear that the instrument of weight or measure has been tested, calibrated, sealed or inspected;[10]
  7. For any person engaged in the buying and selling of consumer products or of furnishing services the value of which is estimated by weight or measure to possess, use or maintain with intention to use any scale, balance, weight, or measure that has not been sealed or if previously sealed, the license therefor has expired and has not been renewed in due time;[11]
  8. For any person to fraudulently alter any scale, balance, weight, or measure after it is officially sealed;[12]
  9. For any person to knowingly use any false scale, balance, weight or measure, whether sealed or not;[13]
  10. For any person to fraudulently give short weight or measure in the making of a scale;[14]
  11. For any person, assuming to determine truly the weight or measure of any article bought or sold by weight or measure, to fraudulently misrepresent the weight or measure thereof;[15] or
  12. For any person to procure the commission of any such offense above-mentioned by another.[16]

Instruments presented for sealing

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 if presented for sealing, are to be sealed promptly on demand by the official sealer or his authorized representative without penalty except a surcharge fixed by law or regulation.[17]

 

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[1] Ibid. Article 61. The provincial/city/municipal treasurers are to strictly enforce the provisions on regulation of practices relative to weights and measures: Provided, That, with respect to the use of the Metric System, it is to be enforced by the DTI (Article 60, Ibid.)

[2] Ibid. Article 61. The provincial/city/municipal treasurers are to strictly enforce the provisions on regulation of practices relative to weights and measures: Provided, That, with respect to the use of the Metric System, it is to be enforced by the DTI (Article 60, Ibid.)

[3] Ibid. Article 62. The DTI is mandated to adopt standard measurement for garments, shoes and other similar consumer products (Article 63, Ibid.).

[4] Ibid. Article 64.

[5] Ibid. Article 64 (a).

[6] Ibid. Article 65 (b).

[7] Ibid. Article 65 (c).

[8] Ibid. Article 65 (d).

[9] Ibid. Article 65 (e).

[10] Ibid. Article 65 (f).

[11] Ibid. Article 65 (g).

[12] Ibid. Article 65 (h).

[13] Ibid. Article 65 (i).

[14] Ibid. Article 65 (j).

[15] Ibid. Article 65 (k).

[16] Ibid. Article 65 (l).

[17] Ibid. Paragraph 2, Article 65.