Civil Code of the Philippines
Article 1564 (Civil Code of the Philippines)
★ The producers and sellers is responsible for whatever promises regarding the
product as a way of attracting the people to buy them.
★ This article pertains to the warranties in contracts of sale. It states that when a
specific article is sold under its patent or trade name, there is no warranty
regarding its fitness for a particular purpose unless otherwise stipulated. This
means that consumers should be aware that buying a branded item does not
automatically guarantee that it will meet their specific needs unless that
assurance is explicitly provided by the seller[2].
Article 1574 (Civil Code of the Philippines)
★ The product should include a guarantee that it was bought in good condition
without any factory defect or damage.
★ This article outlines the seller's obligations regarding the quality of goods sold. It
emphasizes that sellers must ensure that the goods they sell are free from
hidden defects that could render them unfit for use. If such defects exist and are
not disclosed, the seller may be held liable for damages].
Article 2187 (Civil Code of the Philippines)
★ The producers of food, drinks and any goods consumed by the body is
responsible to the death of destruction caused or any substance that can cause
disease or any ailment of the person.
★ This article imposes liability on manufacturers and processors for any injuries or
deaths caused by harmful substances in their products, even if there is no direct
contractual relationship with the consumer. This means that these
manufacturers and processors are held responsible for any harm caused by their
products, even if they took all reasonable care in their production process and
there was no direct contractual relationship with the consumer.
Revised Penal Code
Article 187 (Revised Penal Code)
★ Anybody who will mark a wrong or fake karat of gold or silver in any jewelry will
be punished by the Law.
★ This article deals with the importation and sale of falsely marked articles,
particularly those made of precious metals. It penalizes individuals who
knowingly sell or distribute products that do not meet the quality or fineness
indicated on their labels. This law aims to protect consumers from fraudulent
practices in the market.
Articles 188 and 189 (Revised Penal Code)
★ Anybody who will imitate the packaging or label of any product will be punished
by the Law.
★ Article 188 penalizes the alteration of trademarks or trade names, which is
critical for consumer protection as it ensures that consumers receive products
that are accurately represented. Article 189 deals with criminal association and
conspiracy to commit crimes, which can include fraudulent activities against
consumers. These articles collectively reinforce the integrity of product labeling
and marketing practices[22].
★ Article 188: Subsisting and Altering Trademarks, Trade Names, or Service
Marks
This article deals with the fraudulent use of trademarks, trade names, or service
marks. It punishes those who:
● Substitute the trademark of another manufacturer or dealer with their own or a
colorable imitation.
● Sell products with a fraudulently used trademark.
● Use or substitute the service mark of another person in their own services.
● Reproduce a trademark, trade name, or service mark for another person to use
fraudulently. [3]
★ Article 189: Unfair Competition, Fraudulent Registration of Trademarks,
Trade Names or Service Marks, Fraudulent Designation of Origin, and False
Description
This article covers a broader range of unfair competition practices, including:
● Selling goods with the appearance of another manufacturer's goods to deceive
the public.
● Affixing a false designation of origin or false description to goods.
● Fraudulently registering a trademark, trade name, or service mark. [4]
Republic Acts
Republic Act 3740
★ It is prohibited to advertise or display any fake product or services
★ This act addresses fraudulent advertising and mislabeling of products. It
prohibits the misrepresentation of the character, value, or properties of products
offered for sale. Violations can lead to fines and imprisonment, thereby
protecting consumers from deceptive marketing practices[25].
Law of Price Tag
★ It is imposed on any retail store to display the price tag of their product.
★ This law mandates that all retail goods must have visible price tags. It aims to
prevent sellers from charging consumers more than the tagged price, ensuring
fair pricing practices. Violations can result in penalties, reinforcing consumer
rights against price manipulation.
★ It shall be unlawful to offer any consumer product for retail sale to the public
without an appropriate price tag, label or marking publicly displayed to indicate
the price of each article and said products shall not be sold at a price higher than
that stated therein and without discrimination to all buyers: Provided, That
lumber sold, displayed or offered for sale to the public shall be tagged or labeled
by indicating thereon the price and the corresponding official name of the wood:
Provided, further, That if consumer products for sale are too small or the nature
of which makes it impractical to place a price tag thereon price list placed at the
nearest point where the products are displayed indicating the retail price of the
same may suffice.
Presidential Decree No. 187
★ The metric System will be the standard measurement to be used in the
Philippines
★ This decree relates to the regulation of the prices of basic commodities, ensuring
that these prices remain stable and fair for consumers, especially during
emergencies or crises[35].
Republic Act 3452
★ The establishment of the National Food Authority to buy grains of rice and corn
from the farmers and sell to the consumers at low price.
★ This act established the National Grains Authority, which plays a role in ensuring
the availability and fair pricing of rice and other grains, protecting consumers
from price manipulation in essential food items.
Republic Act 4729
★ It is prohibited to buy deregulated drugs without doctor's prescription
★ This act focuses on the regulation of the sale and distribution of essential
commodities, ensuring that consumers have access to necessary goods at fair
prices[13].
Republic Act 5921
★ The sellers of medicines and poisons are responsible for the broken zeal of the
Container.
★ This law pertains to the regulation of the sale of drugs and medicines, ensuring
that consumers are protected from counterfeit or substandard products[13].
Republic Act 3595
★ The Producers and Sellers of galvanized sheets must mark clearly the thickness,
zinc coating, name and address of its producers.
The Law Says:
● Producers and sellers of galvanized sheets must clearly mark the following on
each sheet:
○ Thickness (gauge): How thick the sheet is.
○ Zinc Coating: How much zinc is on the sheet to protect it from rust.
○ Name and Address of the Producer: Who made the sheet.
○ Brand: If the sheet has a registered brand name, that must be included
too.
Why This Law Exists:
● Consumer Protection: This law is to protect consumers from getting ripped off or
buying low-quality galvanized sheets. By requiring clear labeling, buyers can
easily compare prices and quality.
● Quality Control: The law helps to ensure that galvanized sheets meet certain
standards. It prevents manufacturers from selling sheets that are too thin, have
insufficient zinc coating, or are made with poor materials.
● Imagine you're buying galvanized sheets for your roof. You see two different
brands at the store. One sheet has a label that says "26 gauge, 14.5 oz zinc
coating, Made by XYZ Company." The other sheet has no label at all. Which
sheet would you trust more?
● The sheet with the label is more likely to be a good quality sheet because it
meets the requirements of the law. You know exactly what you're getting, and
you can be sure that the manufacturer is responsible for the quality of the
product.
● In a nutshell: This law makes sure that galvanized sheets are properly labeled so
that buyers can make informed decisions and get what they pay for. It's like a
consumer protection law for galvanized sheets.
● Sa madaling salita: Ang batas na ito ay para protektahan ang mga mamimili
laban sa mga mababang kalidad na produkto. Gusto nitong tiyakin na ang mga
galvanized iron sheets, barbed wire, at pako ay may tamang marka para
malaman ng mga mamimili kung ano ang binibili nila.
Republic Act 1929
★ It is prohibited to sell any form of acetic acid In any grocery of sari-sari stores.
★ This act regulates the sale of consumer goods, imposing penalties for unfair
trade practices and ensuring consumer rights are upheld[13].