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MODULE 1 e. involvement of consumer

representatives in the formulation
Consumer Protection of social and economic policies.
Applicable Laws: Publication of Consumer Product
1. Consumer Act of the Philippines (RA Standards (Art. 8)
7394)
2. Price Act (RA7581) A standard is a document approved by a
3. Lemon Law (RA 10642) recognized body that provides, for
4. No Shortchanging Act of 2016 (RA common and repeated use, rules,
10909) guidelines or characteristics for products
5. Toy and Game Safety Labelling Act of or related processes and production
2013 (RA10620) methods, with which compliance is not
mandatory. It may also include or deal
exclusively with terminology, symbols,
CONSUMER ACT OF THE PHILIPPINES packaging, marking or labelling
(RA 7394) requirements as they apply to a product,
process or production method (World
Objective/Purpose: Trade Organization – Technical Barriers
to Trade Agreement).
Provides protection to consumers It is also defined in the ISO/IEC Guide 2
against hazards to health and safety and as a document, established by
deceptive, unfair and unconscionable consensus and approved by a
sales acts and practices recognized body that provides, for
Implementing agencies: common and repeated use, rules,
a. Department of Trade and Industry guidelines or characteristics for activities
(DTI) or their results, aimed at the
b. Department of Agriculture (DA) achievement of the optimum degree of
c. Department of Health (DOH) order in a given context.
d. Department of Education (DepED)
Relevant Provisions: 1. International Standard: a standard
a. Consumer Product Quality and published by an international
Safety standardizing organization such as
b. Deceptive, Unfair and the International Organization for
Unconscionable Sales Acts and Standardization (ISO) and the
Practices International Electrotechnical
c. Consumer Products and Service Commission (IEC).
Warranties 2. Regional Standard: a standard
d. Labeling and Packaging developed or adopted by a regional
e. Price Tag standardizing organization [e.g.,
European Committee for
Duty of the State to Protect Standardization (CEN); and Pan
Consumers American Standards Commission
(COPANT).
Consumers: a natural person who is a 3. National Standard: a standard
purchaser, lessee, recipient or developed/adopted and published by
prospective purchaser, lessor or a National Standards Body and made
recipient of consumer products, services available to the public. The BPS develops
or credit. and publishes Philippine National Standards
State to protect: (PNS).
a. protection against hazards to
health and safety; Prohibition on “Stockpiling” (Articles 9
b. protection against deceptive, (b) RA 7394)
unfair and unconscionable sales
acts and practices; Manufacturing or importing a product
c. provision of information and between the date of promulgation of its
education to facilitate sound consumer product safety rule and its
choice and the proper exercise of effective date, at a rate which is
rights by the consumer; significantly greater than the rate at which
d. provision of adequate rights and such product was produced or imported
means of redress; and during a base period, as prescribed in the
regulation, ending before the
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date of promulgation of consumer product ISO 9001 and the relevant product
safety rule. standard/s, respectively.

Injurious, Dangerous and Unsafe

Products

Departments may: Import Commodity Clearance (ICC)

conduct notice and hearing within 48 Certification Scheme: issued to an importer
hours whose imported products have shown
order for its recall, prohibition or seizure conformance to relevant standards through
from public sale or distribution inspection, verification, and product testing
ban on sale and distribution indefinite by the BPS Recognized Testing
until safety is established Laboratories.

Consumer Product to be Substandard DTI: List of Products Under Mandatory

or Materially Defective (Remedies of Certification
injured consumer, Articles 10 RA 7394)
household appliances
to bring such product into conformity consumer electronics
with the requirements of the applicable lighting and wiring devices
consumer product standards or to steel products
repair the defect in order to conform plastic pipes and ceramic products
with the same; cement and other construction
to replace the product with a like or materials
equivalent product which complies with chemical products
the applicable consumer product automotive related products
standards which does not contain the
defect;
to refund the purchase price of the Prohibited Acts Related to Consumer
product less a reasonable allowance for Products (Art. 18, RA7394)
use; and
to pay the consumer reasonable manufacture for sale, offer for sale,
damages as may be determined by the distribute in commerce, or import into
department. the Philippines any consumer product
which is not in conformity with an
New Products (Art. 13 RA 7394) applicable consumer product quality or
Concerned department shall take measures safety standard;
to make a list of new consumer products manufacture for sale, offer for sale,
and to cause the publication by the distribute in commerce, or import into
respective manufacturers or importers of the Philippines any consumer product
such products a list thereof together with which has been declared as banned
the descriptions in a newspaper of general consumer product by a rule in this Act;
circulation. refuse access to or copying of pertinent
records or fail or refuse to permit entry
Consumer Product Standards of or inspection by authorized officers or
Certification (Articles 14, RA 7394) employees of the department;
fail to comply with an order issued under
Article 11 relating to notifications of
substantial product hazards and to
recall, repair, replacement or refund of
unsafe products;
fail to comply with the rule prohibiting
stockpiling.
Philippine Standard (PS) Quality and/or
Safety Certification Mark Licensing Scheme: Penalties Related to Consumer Product
either local or foreign manufacturer whose Quality and Safety (Art. 19, RA7394)
factory and product have successfully
complied with the requirements of the PNS

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fine of not less than P1,000.00 but not if it is confectionary, and it bears or
more than P10,000.00 or contains any alcohol or non-nutritive
imprisonment of not less than 2 months article or substance except harmless
but not more than 1 year, or both upon coloring, harmless flavoring, harmless
the discretion of the court. resinous glass not in excess of four-
if the offender is an alien, he shall be tenths (4/10) of one per centum (1%)
deported after service of sentence and natural gum and pectin
payment of fine without further if it is oleomargarine, margarine or
deportation proceedings. butter and any of the raw materials used
criminal liability for any director, officer therein consists in whole or in part of
or agent of a corporation who shall any filthy, putrid or decomposed
authorize; foreign corporation’s license substance, or such oleomargarine,
to engage in business in the Philippines margarine or butter is otherwise unfit for
shall immediately be revoked food;
if it has not been prepared in accordance
Adulterated Food (Art. 23, RA7394) with current acceptable manufacturing
practice established by the Department
if it contains any poisonous or through regulations.
deleterious substance which may render
it injurious to health; Petition for Regulation of Food
if it bears or contains any added Additive (Art. 27, RA7394)
poisonous or deleterious substance
other than one which is (i) a pesticide DOH-FDA may establish a regulation
chemical in or on a raw agricultural prescribing, with respect to one or more
commodity, (ii) a food additive, (iii) a proposed uses of the food additive
color additive, for which tolerances have involved, (i) the conditions under which
been established and it conforms to such a food additive may be safely used
tolerances; including, but not limited to,
if it consists in whole or in part of any specifications as to the particular food,
filthy, putrid or decomposed substance, or classes of food, in which such additive
or if it is otherwise unfit for food; may be used, (ii) the maximum quantity
if it has been prepared, packed or held which may be used, or permitted to
under unsanitary conditions whereby it remain in or on such food; (iii) the
may have become contaminated with manner in which such additive may be
filth, or whereby, it may have been added to or used in or on such food, and
rendered injurious to health; (iv) any directions or other labeling or
if it is, in whole or part, the product of a packaging requirement for such additive
diseased animal or of an animal which deemed necessary to assure the safety
has died other than by slaughter; of such use, and shall notify the
if its container is composed, in whole or petitioner of such order and the reasons
in part, of any poisonous or deleterious for such action; or
substance which may render the DOH-FDA may deny the petition and
contents injurious to health; or if it has notify the petitioner of and the reasons
passed its expiry date; for such action.
if it has passed its expiry date.
if any valuable constituent has been, in Adulterated Drugs and Devices (Art.
whole or in part, omitted or abstracted 29, RA7394)
therefrom and the same has not been
substituted by any healthful equivalent contains filthy, putrid, or decomposed
of such constituent; if any substance, substance; or (2) manufactured,
not a valuable constituent, has been prepared or held under unsanitary
added or substituted or in part therefor; conditions; or (3) if its container is
if damage or inferiority has been composed of any poisonous or
concealed in any manner; or if any deleterious substance or (4) contains
substance has been added thereto or any color other than a permissible one
packed therewith so as to increase its strength differs from, or its safety,
bulk or weight, reduce its quality or efficacy, quality or purity falls below the
strength, or make it appear better or of standards set forth in such compendium
greater value than it is. strength differs from, or its efficacy,
if bears or contains a color additive quality or purity falls below that which it
which is unsafe under existing purports or is represented to possess.
regulations
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if a drug or device and any substance if any of its substances has been (1)
has been mixed or packed therewith, or mixed or packed therewith so as to
any substance has been substituted reduce its quality or strength or (2)
wholly or in part thereof, so as to reduce substituted wholly or in parts therefor.
its safety, efficacy, quality, strength or
purity Prohibited Acts Related to Food and
if the methods used in, or the facilities or Drugs (Art. 40, RA7394)
controls used for its manufacture or
holding do not conform to or are not food, drug, device or cosmetic that is
operated or administered in conformity adulterated or mislabeled;
with current good manufacturing adulteration or misbranding of any food,
practice drug, device, or cosmetic;
the refusal to permit entry or inspection
Technical Requirements for Drug to allow samples to be collected;
Licensing and Registration (Art. 31, the giving of a guaranty or undertaking
RA7394) which guaranty or undertaking is false,
except by a person who relied upon a
full reports of investigations that the guaranty or undertaking to the same
drug or device is safe, efficacious and of effect signed by, and containing the
good quality for use based on clinical name and address of, the person
studies conducted in the Philippines; residing in the Philippines from whom he
full list of the articles used as received in good faith the food, drug,
components of such drug or device; device, or cosmetic or the giving of a
full statement of the composition of such guaranty or undertaking referred to in
drug or device; Article 41(b) which guaranty or
full description of the methods used in undertaking is false;
and the facilities and controls used for forging, counterfeiting, simulating, or
the manufacture of such drug or device; falsely representing or without proper
such samples of such drug or device and authority using any mark, stamp, tag,
of the articles used as components label, or other identification device
thereof as the Department may require; authorized or required by regulations;
specimens of the labeling proposed to the using or revealing any information
be used for such drug or device; and concerning any method or process which
such other requirements as may be as a trade secret is entitled to
prescribed by regulations to ensure protection;
safety, efficacy and good quality of such the alteration, mutilation, destruction,
drug or device. obliteration, or removal of the whole or
any part of the labeling of, or the doing
Adulterated Cosmetics (Art. 35, of any other act
RA7394) the use, on the labeling of any drug or in
any advertising relating to such drug, of
if it bears or contains any poisonous or any representation or suggestion that an
deleterious substance which may render application with respect to such drug is
it injurious to users under the condition effective or that such drug is compliant
of use prescribed in the labeling thereof, the use, in labeling, advertising or other
or under the condition of use as are sales promotion, of any reference to any
customary or usual: report or analysis furnished in
if it consists in whole or in part of any compliance with Executive Order 175,
filthy, putrid, or decomposed substance. series of 1987;
if it has been prepared, packed or held the manufacture, importation,
under unsanitary conditions whereby it exportation, sale, offering for sale,
may have become contaminated with distribution, or transfer of any drug or
filth, or whereby it may have been device which is not registered with the
rendered injurious to health. Department;
if its container is composed, in whole or the manufacture, importation,
in part, of any poisonous or deleterious exportation, sale, offering for sale,
substance which may render the distribution, or transfer of any drug or
contents injurious to health. device by any person without the license
if it is not a hair dye, and it bears or from the Department;
contains color additive other than which the sale or offering for sale of any drug
is permissible. or device beyond its expiration or expiry
date
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the release for sale or distribution of a

batch of drugs without batch
certification when required.

Penalties for Acts Related to Food and

Drugs (Art. 41, RA7394)

imprisonment of not less than 1 year but

not more than 5 years, or
fine of not less than P5,000.00 but not
more than (P10,000.00), or both such
imprisonment and fine, in the discretion
of the Court
Defenses/Exceptions:
o delivery was made in good faith
EXCEPT when refuses to furnish
the name and address of the
person from whom he purchased
or received such product and
copies of all documents pertaining
to the delivery of the product to
him;
o having established a guaranty or
undertaking signed by, and
containing the name and address
of, the person residing in the
Philippines from whom he received
in good faith the product,
o where the violation exists because
the product is adulterated by
reason of containing a color other
than the permissible one under
regulations, if such person
establishes a guaranty or
undertaking signed by, and
containing the name and address,
of the manufacturer of the color, to
the effect that such color is
permissible, under applicable
regulations promulgated by the
Department.

Prohibited Acts on Hazardous

Hazardous Substance (Article 44, RA Substance
7394) (Article 46, RA 7394)

introduce any mislabeled hazardous

substance or banned hazardous
substance;
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;
receive in commerce any mislabeled
hazardous substance or banned
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preferred delivery thereof at cost or Product/service is of a particular

otherwise; standard, quality, grade, style or model
give the guaranty or undertaking if such when in fact it is NOT
guaranty or undertaking if false, except Product is new, original or unused, when
by a person who relied upon a guaranty in fact it is deteriorated, altered,
or undertaking which he received in reconditioned, or second hand
good faith; Product/service is available to the
introduce or deliver for introduction into consumer for a reason that is different
commerce or receive in commerce and from the fact
subsequently deliver or preferred at cost Product/service has been supplied in
or otherwise, or a hazardous substance accordance with the previous
in a reused food, drug, cosmetic or representation when in fact it is NOT.
device container or in a container which, Inducing a consumer to enter into sales,
though not a reused container, is lease or avail of services
identifiable as a food, drug, cosmetic or Concealment
device container by its labeling or by False Representation
other identification. The use of a used Fraudulent Manipulation
food, drug, cosmetic or device container Generally, when an establishment lies to
for a hazardous substance does not you or hides a material fact to entice you
diminish the danger posed by the to buy, he/she has committed a
hazardous substance involved, deceptive sales act
therefore, such substance shall be
deemed a mislabeled hazardous Unfair or Unconscionable Sales Act or
substance. Practice (Art. 52, RA 7394)

Penalties for Prohibited Acts on By taking advantage of the consumer’s

Hazardous Substance (Article 47, RA physical or mental infirmity, ignorance,
7394) illiteracy, lack of time or the general
conditions of the environment or
fine of not less than P1,000.00 or surroundings, induces the consumer to
an imprisonment of not less than 6 enter into a sales or lease transaction
months but not more than 5years or grossly inimical to the interests of the
both upon the discretion of the court. consumer or grossly one-sided in favor of
Exceptions: the producer, manufacturer, distributor,
o Received/delivery in good faith supplier or seller.
unless he refuses to furnish the
name and address of the person Prohibited Representations in Home
from who he purchased such Solicitation Sale (Art. 58, RA 7394)
hazardous substances;
o if he establishes a guaranty or the buyer has been specially selected;
undertaking signed by, and a survey, test or research is being
containing the name and address conducted; or
of, the person from whom he the seller is making a special offer to a
received in good faith, the few persons only for a limited period of
hazardous substance to the effect time.
that the hazardous substance is
not a mislabeled hazardous Penalties for Deceptive, Unfair and
substance or banned hazardous Unconscionable Sales Acts or Practices
within the meaning (Arts. 60 and 164, RA 7394)

Deceptive Sales Acts and Practices Criminal (Art. 60)

(Articles 50 and 51, RA 7394)
fine of P500.00 but not more than
Product/service has the P10,000.00
sponsorship/approval of a body or imprisonment of not less than 5 months
person which it does NOT have but not more than 1 year or both, upon
Product/service has the performance, the discretion of the court.
characteristics, ingredients, uses, the court may grant an injunction
benefits it does NOT have restraining the conduct constituting the
contravention of the provisions of
Articles 50 and 51 and/or actual
damages and such other orders as it
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thinks fit to redress injury to the person receipt, stamp, tag, certificate or license
caused by such conduct. used or issued;
f) to use or reuse any restored, altered,
Administrative (Art. 164) expired, damaged stamp, tag certificate
or license for the purpose of making it
The imposition of administrative fines in appear that the instrument of weight of
such amount as deemed reasonable by the measure has been tested, calibrated,
Secretary, which shall in no case be less sealed or inspected;
than Five hundred pesos (P500.00) nor g) with intention to use any scale, balance,
more than Three hundred thousand pesos weight or measure that has not been
(P300,000.00) sealed or if previously sealed, the license
depending on the gravity of the offense, therefor has expired and has not been
and an additional fine of not more than One renewed in due time;
thousand pesos (P1,000.00) or each day of h) to fraudulently alter any scale, balance,
continuing violation. weight or measure after it is officially
sealed;
Sealing and Testing of Instruments of i) to knowingly use any false scale,
Weights and Measure (Art. 62, RA balance, weight or measure, whether
7394) sealed or not;
j) to fraudulently give short weight or
All instruments in all consumer and measure in the making of a scale;
consumer related transactions shall be k) assuming to determine truly the weight
tested, calibrated and sealed every 6 or measure of any article bought or sold
months by weight or measure, to fraudulently
By the official sealer who shall be the misrepresent the weight or measure
provincial or city or municipal treasurer thereof;
or his authorized representative upon l) to procure the commission of any such
payment of fees required under existing offense abovementioned by another.
law
Art. 65, RA 7394
Prohibited Acts Related to Weights
and Measure (Art. 64, RA 7394) Violations on paragraphs (a) to (f) and
paragraph (l) of Article 64: fine of not
a) to place or attach an official tag, seal, less than P200.00 but not more than
sticker, mark, stamp, brand or other P1,000.00 or by imprisonment of not
characteristic sign used to indicate that more than 1 year or both upon the
such instrument of weight and measure discretion of the court.
has officially been tested, calibrated, Violation of paragraph (g) of Article 64
sealed or inspected other than the for the first time shall be subject to a
official sealer or his duly authorized fine of not less than P500.00 or by
representative; imprisonment of not less than 1 month
b) to imitate any seal, sticker, mark, stamp, but not more than 5 years or both, upon
brand, tag or other characteristic sign; the discretion of the court.
c) other than the official sealer or his duly The owner-possessor or user of
authorized representative to alter in any instrument of weights and measure
way the certificate or receipt given by enumerated in paragraphs (h) to (k) of
the official sealer or his duly authorized Article 64: fine of not less than P300.00
representative as an acknowledgment or imprisonment not exceeding 1 year,
that the instrument for determining or both, upon the discretion of the court.
weight or measure has been fully tested,
calibrated, sealed or inspected; Product Service and Warranty
d) sell or use any false or counterfeit seal, (Chapter III, RA 7394)
sticker, brand, stamp, tag, certificate or
license or any dye for printing or making A contract whether express or implied
the same or any characteristic sign used between the buyer and the seller of a
to indicate that such instrument of consumer product or owner of a service
weight or measure has been officially firm concerning the rights and
tested, calibrated, sealed or inspected; obligations of both parties.
e) other than the official sealer or his duly Designation of Warranty
authorized representative to alter the o Repair, replacement or refund
written or printed figures, letters or Duration of Warranty
symbols on any official seal, sticker,
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o Stipulation of seller and consumer result, unless the circumstances show

on the period that the consumer does not rely or that
o 60 days to 1 year following the it is unreasonable for him to rely, on the
sale of a new consumer products seller’s skill or judgment.
Application of Warranty
Professional Services
Additional Provisions on Warranties
(Art. 68, RA 7394) Warranty shall not apply to professional
services of certified public accountants,
Terms of express warranty- clear architects, engineers, lawyers,
language, covered party, covered veterinarians, optometrists, pharmacists,
product/part; period to conform to the nurses, nutritionists, dietitians, physical
warranty therapists, salesmen, medical and dental
Express warranty- from the moment of practitioners and other professionals
sale
Designation of warranties- full warranty Service Firms
or limited warranty
Minimum standards for warranties- Guarantee workmanship and replacement
remedies to avail, permit consumer to of spare parts for a period not less than 90
elect days which shall be indicated in the
Duration of warranty- express pertinent invoices.
stipulation; implied warranty 60 days to
1 year Penalties (Arts. 73, 164 RA 7394)
Breach of warranties- consumer will
elect repair or refund Criminal

Prohibited Acts Related to Warranties Any person who shall violate the
(Art. 72, RA 7394) provisions of Article 67 shall be subject
to fine of not less than Five hundred
refusal without any valid legal cause to pesos (P500.00) but not more than Five
honor a warranty or guarantee issued; thousand pesos (P5,000.00) or an
unreasonable delay in honoring the imprisonment of not less than three (3)
warranty; months but not more than two (2) years
removal by any person of a product’s or both upon the discretion of the court.
warranty card for the purpose of evading A second conviction under this
said warranty obligation; paragraph shall also carry with it the
any false representation in an penalty or revocation of his business
advertisement as to the existence of a permit and license.
warranty or guarantee. Any person, natural or juridical,
committing any of the illegal acts
Supply of Service, Professional provided for in Chapter III, except with
Services and Service Firms (Art. 69-71, respect to Article 67, shall be liable for a
RA 7394) fine of not less than One thousand pesos
(P1,000.00) but not more than Fifty
Supply of Service thousand pesos (P50,000.00) or
imprisonment for a period of at least one
implied warranty that the service will be (1) year but not more than five (5) years,
rendered with due care and skill and that or both, at the discretion of the court.
any material supplied in connection with The imposition of any of the penalties
such services will be reasonably fit for herein provided is without prejudice to
the purpose for which it is supplied. any liability incurred under the warranty
Consumer, expressly or by implication, or guarantee.
makes known to the seller the particular
purpose for which the services are Administrative
required, there is an implied warranty
that the services supplied under the Article 164. Sanctions. – After investigation,
contract and any material supplied in any of the following administrative
connection therewith will be reasonably penalties may be imposed even if not
fit for that purpose or are of such a prayed for in the complaint: xxx (e) the
nature or quality that they might imposition of administrative fines in such
reasonably be expected to achieve that amount as deemed reasonable by the
Secretary, which shall in no case be less
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than Five hundred pesos (P500.00) nor

more than Three hundred thousand pesos expiry or expiration date, where
(P300,000.00) depending on the gravity of applicable;
the offense, and an additional fine of not whether the consumer product is semi-
more than One thousand pesos (P1,000.00) processed, fully processed, readyto-
or each day of continuing violation. cook, ready-to-eat, prepared food or just
plain mixture;
Labelling and Fair Packaging nutritive value, if any;
(CHAPTER IV, RA 7394) whether the ingredients used are natural
or synthetic, as the case may be;
Provides for the minimum labelling such other labeling requirements as the
requirements of all consumer products concerned department may deem
domestically sold, whether necessary and reasonable.
manufactured locally or imported
Implementing Agency: Department of Labeling Requirements for Cosmetics
Trade and Industry (Art. 87, RA 7394)

Prohibited Acts on Labeling and expiry or expiration date;

Packaging (ART. 76, RA 7394) whether or not it may be an irritant;
precautions or contra-indications; and
Those engaged in the labeling or such other labeling requirements as the
packaging of any consumer product, to concerned department may deem
display or distribute or to cause to be necessary and reasonable
displayed or distributed in commerce
any consumer product whose package or Special Packaging of Consumer
label does not conform Products for the Protection of Children
See minimum requirements slide (Art. 80, RA 7394)

the degree or nature of the hazard to

Price Tag (ART 81-83, RA 7394) children in the availability of such
All consumer products sold in retail shall product, by reason of its packaging, is
bear an appropriate price tag, label or such that special packaging is required
marking indicating the price of the to protect children from serious personal
article injury or serious illness resulting from
Consumer products shall not be sold at a handling and use of such product;
price higher than that stated in the price the special packaging to be required by
tag such standard is technically feasible,
practicable and appropriate for such
product.
Minimum Labeling Requirements for
Consumer Products (Art. 77, RA 7394) Labeling Requirements of Cigarette
(Art. 94, RA 7394)
Registered trade name or brand name
Registered trade mark Statement or its equivalent in Filipino:
Registered business name “Warning” Cigarette Smoking is
Address of the manufacturer, importer, Dangerous to Your Health.”
repacker of the consumer product in the Such statement shall be located in
Philippines conspicuous place on every cigarette
General make or active ingredients package and shall appear in conspicuous
Net quantity of contents and legible type in contrast by
Country of manufacture if imported typography, layout or color with other
If consumer product is manufactured, printed matter on the package.
refilled or repacked under license from a Any advertisement of cigarette shall
principal, the label shall state the fact contain the name warning as indicated
Flammable or inflammable in the label.
Direction for use
Warning of toxicity Penalties (Arts. 95, 164 RA 7394)
Wattage, voltage or amperes
Process of manufacture, if necessary Criminal

Labeling Requirements for Food (Art. Any person who shall violate the
84, RA 7394) provisions of Title III, Chapter IV of this
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Act, or its implementing rules and biologics Laboratory Services

Pet animals Bureau of Animal Industry
regulations, except Articles 81 to 83 of (BAI) - Animal Health
the same Chapter, shall be subject to a Division
fine of not less than Five hundred pesos Fertilizer and pesticide Department of Agriculture
(DA) - Fertilizer and
(P500.00) but not more than Twenty Pesticide Authority (FPA)
thousand pesos (P20,000.00) or Rice National Food Authority
imprisonment of not less than three (3) (NFA)
months but not more than two (2) years Processed and National Meat Inspection
unprocessed meat and Service (NMIS)
or both, at the discretion of the court: dressed chicken
Provided, That, if the consumer product Fruits and Vegetables Bureau of Plant and
is one which is not a food, cosmetic, Industry (BPI)
Banks, non-bank financial Bangko Sentral ng
drug, device or hazardous substance, institutions, pawnshops, Pilipinas (BSP)
the penalty shall be a fine of not less and credit cards
than Two hundred pesos (P200.00) but Prices of coconut oil, Philippine Coconut
husked nuts, and fresh Authority (PCA)
not more than Five thousand pesos young coconuts; Quality
(P5,000.00) or imprisonment of not less standards of coconut-
than one (1) month but not more than based products
Sugar quality and price Sugar Regulatory
one (1) year or both, at the discretion of Administration (SRA)
the court. Quality/price of the Oil Industry Management
Any person who violates the provisions liquefied petroleum gas Bureau (OIMB)
(LPG) and liquid fuels
of Article 81 to 83 for the first time shall Electricity Energy Power Industry
be subject to a fine of not less than Two Management Bureau
hundred pesos (P200.00) but not more (EPIMB)/Department of
than Five thousand pesos (P5,000.00) or Energy-Consumer Welfare
and Promotion Office
by imprisonment of not less than one (1) (DOE-CWPO)/Energy
month but not more than six (6) months Regulatory Commission
(ERC)
or both, at the discretion of the court. A Forest and forest-based Department of
second conviction under this paragraph products Environment and Natural
shall also carry with it the penalty of Resources (DENR)
revocation of business permit and Ozone-depleting Department of
substances Environment and Natural
license. Resources (DENR)
Life and non-life insurance Insurance Commission (IC)
Administrative claim, pre-need plans such
as educational, pension
and memorial
Article 164. Sanctions. – After investigation, Mutual funds Securities and Exchange
any of the following administrative (investment); Commission (SEC)
financing/lending; listed -Corporation Finance
penalties may be imposed even if not companies, registered Department
prayed for in the complaint: xxx (e) the issuers of securities (time
imposition of administrative fines in such sharing)
Claim for insured deposit; Philippine Deposit
amount as follow-up status of claim Insurance Corp. (PDIC)
deemed reasonable by the Secretary, which for insured deposit;
shall in no case be less than Five hundred queries on deposit
insurance coverage, other
pesos (P500.00) nor more than Three bank related
hundred thousand pesos (P300,000.00) issues/concerns i.e.
depending unserviced withdrawals,
ATM problems, etc.
on the gravity of the offense, and an Manufactured products Department of Trade and
additional fine of not more than One Industry (DTI)
thousand pesos (P1,000.00) or each day of Hospitals and doctor's Department of Health
services, processed foods, (DOH), Center for Health
continuing violation. drugs, cosmetics, and Development Metro
**However, DAO 6:2007 limited the administrative fine
medical services or Manila, and Food and Drug
from Five hundred pesos (P500.00) to Fifty thousand household products with Administration (FDA)
pesos (P50,000.00)
hazardous substances
Fish and fishery products Bureau of Fisheries and
Aquatic Resources (BFAR
JURISDICTION Food in restaurants, City Health Office of the
eateries and sidewalk concerned Local
vendors as well as on Government Units (LGUs)
Specific Concern Agency regulation of practice
Concerned relative to weights and
Telephone rates, National measures
cellphones, TV and radio Telecommunications
broadcast Commission (NTC)
Adulterated livestock Bureau of Animal Industry
feeds, vaccines, (BAI) - Animal Feed
pharmaceuticals and Standard Division and
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DEPARTMENT OF TRADE AND

INDUSTRY PROCESS MAPS

DOH and FDA vs. Phil. Tobacco

Institute, Inc. (PTI) G.R. No. 200431,
July 13, 2021

PTI argued that under Republic Act No.

9211, the Inter-Agency Committee
Tobacco (IACTobacco) had exclusive
jurisdiction over tobacco products,
including its health aspect
PTI then contested Book II, Article III of
the Implementing Rules, which classified
tobacco products as "health products,"
placing them under the Food and Drug
Administration's regulatory authority
The Department of Health and the Food
and Drug Administration insisted on the
valid exercise of their rule-making power
and regulatory authority over tobacco
products. They argued that tobacco
products were allegedly "health
products" under Republic Act No. 3720,
as amended by Republic Act No. 9711,
due to their detrimental effects to health
Ruling: the IAC-Tobacco's authority
under Republic Act No. 9211 does not
cover the regulation of the health
aspects of tobacco products. he Food
and Drug Administration has regulatory
authority over all health products, which
include tobacco products.

Air Philippines Corp. vs. Pennswell,

Inc. G.R. No. 172835, December 13,
2007

A.P.C. is engaged in air transportation

services, failed to pay intentionally P.I.
cont. sundry goods in trade delivered because
A.P.C. argued that P.I.'s products:
Excellent Rust Corrosion, Connector
Grease, Electric Strength Protective
Coating, and Anti-Seize Compound, are
identical with its Anti-Friction Fluid,

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Contact Grease, Thixohtropic Grease, Administrative

and Dry Lubricant, respectively.
RTC granted the motion of A.P.C. to JAO 1 Series of 1993 – Implementing Rules
require P.I. detailed list of the ingredients and Regulations of the Price Act
or chemical components of the following
chemical products; P.I. invoked RULE XII, Section 1. Administrative Action
confidentiality under rights on trade xxx
secrets: products are specialized i) administrative fine of not less than One
lubricants, and if their components were Thousand pesos (P1,000.00) nor more than
revealed, its business competitors may One Million Pesos (P1,000,000.00)
easily imitate and market the same
types of products, in violation of its
proprietary right
RTC and CA favored P.I.; In the SC, A.P.C. LEMON LAW (RA 10642)
invoked “ARTICLE 77. Minimum Labeling
Requirements for Consumer Products.” An Act Strengthening Consumer
Ruling: Favored P.I. Thixohtropic Grease, Protection in the Purchase of Brand-New
Di-Electric Strength Protective Coating, Motor Vehicles
Dry Lubricant and Anti-Seize Compound Implementing agency: DTI
are not consumer products but are for Covers brand new motor vehicles that
industrial use. are to be in nonconformity with the
standards or specifications of the
vehicle’s manufacturer or distributor
Brand new motor vehicles purchased in
RA 7581 AS AMENDED BY RA 10623 the Philippines reported by a consumer
(PRICE ACT) to be in nonconformity with the vehicle’s
manufacturer or distributor’s standards
Act providing protection to consumers by or specifications within twelve (12)
stabilizing the prices of basic necessities months from the date of original delivery
and prime commodities and by to the consumer, or up to twenty
prescribing measures against undue thousand (20,000) kilometers of
price increases during emergency operation after such delivery, whichever
situations and like occasions. comes first.
Implementing agencies (IAs): Exclusions:(a) Noncompliance by the
o Department of Trade and Industry consumer of the obligations under the
(DTI) warranty; (b) Modifications not
o Department of Agriculture (DA) authorized by the manufacturer,
o Department of Health (DOH) distributor, authorized dealer or retailer;
o Department of Environment and (c) Abuse or neglect of the brand-new
Natural Resources (DENR) motor vehicle; and (d) Damage to the
o Department of Energy (DOE) vehicle due to accident or force majeure.
Mandates IAs to issue Suggested Retail Procedures in availment of Lemon law
Prices (SRPs) of basic necessities and rights
prime commodities whenever necessary o Written notice of consumer to
manufacturer, distributor,
Penalties (Price manipulation/violation authorized dealer or retailer of the
of SRP) unresolved complaint, and the
consumer’s intention to invoke his
Criminal or her right
o Repair attempts: 4 attempts by the
Section 15- Penalties for Acts of Illegal Price manufacturer, distributor,
Manipulation: any person who commits any authorized dealer or retailer (if the
act of illegal price manipulation of any basic vehicle is not returned for repair,
necessity or prime commodity under based on the same complaint,
Section 5 hereof shall suffer the penalty of within 30 calendar days from the
imprisonment of not less than five (5) years date of notice of release of the
nor more than fifteen (15) years and fine of motor vehicle to the consumer
not less than Five Thousand pesos following this repair attempt within
(P5,000.00) nor more than Two Million Pesos the Lemon Law rights period, the
(P2,000,000.00) repair is deemed successful)

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o During repair, consumer shall be divided by one hundred thousand

provided with reasonable daily (100,000) kilometers whichever is lower
transportation allowance/r a
service vehicle at the option of the Lemon Law (RA 10642) DISCLOSURE
manufacturer, distributor, REQUIREMENT
authorized dealer or retailer.
o Consumer may file a complaint Section 10. Disclosure on Resale. – Should
before the DTI the returned motor vehicle be made
available for resale, the manufacturer,
Lemon Law (RA 10642) DTI’s exclusive distributor, authorized dealer or retailer
and original jurisdiction over disputes shall, prior to sale or transfer, disclose in
(Sec.8) writing to the next purchaser of the same
vehicle the following information:
Mediation
The motor vehicle was returned to the
towards amicable settlement between manufacturer, distributor, authorized
the manufacturer, distributor, authorized dealer or retailer;
dealer or retailer and the consumer The nature of the nonconformity which
any cost incurred in establishing the caused the return; and
validity of the consumer’s complaint The condition of the motor vehicle at
shall be borne jointly by the consumer the time of the transfer to the
and the manufacturer manufacturer, distributor, authorized
all disputes that have been submitted dealer or retailer.
for mediation shall be settled not later
than 10 working days from the date of The responsibility of the manufacturer,
filing of the complaint with the DTI distributor, authorized dealer or retailer
under this section shall cease upon the sale
Arbitration of the affected motor vehicle to the first
purchaser.
Failure to settle the complaint during the
mediation proceedings, both parties may Lemon Law (RA 10642) PENALTIES
voluntarily decide to undertake arbitration -SECTION 11
proceedings
The manufacturer, distributor, authorized
Adjudication dealer or retailer adjudged to have violated
the provisions requiring disclosure as
at least one of the parties may mentioned in the preceding section shall be
commence adjudication proceedings, liable to pay a minimum amount of One
administered by the DTI hundred thousand pesos (P100,000.00) as
DTI shall rely on the qualified damages to the aggrieved party without
independent findings as to conformity to prejudice to any civil or criminal liability
standards and specifications established they and/or the responsible officer may
herein. In no case shall adjudication incur under existing laws.
proceedings exceed 20 working days TOY AND GAME SAFETY LABELLING
customer’s remedies if DTI ruled ACT OF 2013 (RA 10620)
nonconformity: (i) Replace the motor
vehicle with a similar or comparable An Act Providing for Toy and Game
motor vehicle in terms of specifications Safety Labelling, Appropriating Funds
and values, subject to availability; or(ii) Therefor
Accept the return of the motor vehicle Implementing Agencies: DOH and DTI
and pay the consumer the purchase Provides for the labelling requirements
price plus the collateral charges of toys and games
Treatment on Misbranded or Banned
Lemon Law (RA 10642) Reasonable Hazardous Substance
Allowance for Use
Penalties
20% per annum deduction from the
purchase price, OR Criminal -RA 10620
the product of the distance traveled in
kilometers and the purchase price Section 10. Penalties – Any person who
shall violate any of this Act shall be subject
to a fine of not less than Ten thousand
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pesos (P10,000.00) but not more than Fifty

thousand pesos (P50,000.00) or
imprisonment of not less than three (3)
months but not more than two (2) years, or
both, at the discretion of the court.

Administrative - RA 7394

Article 164. Sanctions. – After investigation,

any of the following administrative
penalties may be imposed even if not
prayed for in the complaint: xxx (e) the
imposition of administrative fines in such
amount as deemed reasonable by the
Secretary, which shall in no case be less
than Five hundred pesos (P500.00) nor
more than Three hundred thousand pesos
(P300,000.00) depending on the gravity of
the offense, and an additional fine of not
more than One thousand pesos (P1,000.00)
or each day of continuing violation.

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