Regulation of Repair and Service Firms

The following are the minimum requirements for accreditation for repair and service firms:

  1. the duly registered business name, firm name, or style of the firm;
  2. date of issue and effectivity of the certificate of accreditation;
  3. number and skills of technical personnel; and
  4. required license for the repair or servicing of any consumer product as required by special laws.[1]

No person is to operate a repair and service firm or act as technical personnel therein without first being accredited by the DTI.[2]

 

– – –

[1] R.A. 7394, Article 127.

[2] Ibid. Article 128.

Advertising and Sales Promotion

What constitutes advertising

Advertising is “the business of conceptualizing, presenting or making available to the public, through any form of mass media, fact, data or information about the attributes, features, quality or availability of consumer products, services or credit.” [1] Advertisement is “the prepared and through any form of mass medium, subsequently applied, disseminated or circulated advertising matter.”[2] Advertising agency or agent is “a service organization or enterprise creating, conducting, producing, implementing or giving counsel on promotional campaigns or programs through any medium for and in behalf of any advertiser.”[3]

Continue reading “Advertising and Sales Promotion”

Liability for Product and Service (Product Liability)

Liability for the defective products

Any Filipino or foreign manufacturer, producer, and any importer, are liable for redress, independently of fault, for damages caused to consumers by defects resulting from design, manufacture, construction, assembly and erection, formulas and handling and making up, presentation or packing of their products, as well as for the insufficient or inadequate information on the use and hazards thereof.[1]

Continue reading “Liability for Product and Service (Product Liability)”

Labeling and Fair Packaging under the Consumer Act

Prohibited acts on labeling and packaging

It is unlawful for any person, either as principal or agent, engaged in the labeling or packaging of any consumer product, to display or distribute, or to cause to be displayed or distributed in commerce, any consumer product whose package or label does not conform to the provisions of the law.[1]

Continue reading “Labeling and Fair Packaging under the Consumer Act”

Consumer Product and Service Warranties

Applicable law on warranties under the Consumer Act

The provisions of the Civil Code on conditions and warranties primarily govern all contracts of sale with conditions and warranties.[1] The Consumer Act provides for additional rules on warranties as provided below.

Rules on Warranties
Consumer Code

In addition to the Civil Code provisions on sale with warranties, the following provisions are to govern the sale of consumer products with warranty:[2] 

Continue reading here.

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.

Continue reading here.

Deceptive, Unfair and Unconscionable Sales Acts or Practices

What constitute deceptive acts or practices

An act or practice is deemed deceptive “whenever the producer, manufacturer, supplier or seller, through concealment, false representation of fraudulent manipulation, induces a consumer to enter into a sales or lease transaction of any consumer product or service.”[1] Without limiting the scope of the definition of what constitutes a deceptive act, the act or practice of a seller or supplier is deceptive when it represents that:[2]

Continue reading here.