This is the presentation I used regarding three consumer laws in the Philippines: Consumer Act of the Philippines, Philippine Lemon Law, and the Anti-Red Tape Act. This is an enrichment lesson.
ICT Role in 21st Century Education & its Challenges.pptx
Consumer Rights: Pertinent Philippine Laws
1. PERTINENT LAWS ON
CONSUMER RIGHTS
Prepared by Sue Quirante of RTPM-DSHS
All copyrighted content were lifted in the spirit of fair use.This presentation was created as a learning material for
public school instruction and may not be used for commercial purposes.
Last modified October 10, 2016
3. Consumer
Act of the
Philippines
Objective
• Protection of consumers against hazards to
health and safety;
• Protection of consumers against deceptive,
unfair and unconscionable sales acts and
practices;
• Provision of information and education to
facilitate sound choice and the proper
exercise of rights by the consumer;
• Provision of adequate rights and means of
redress;
• Involvement of consumer representative in
the formulation of social and economic
policies.
R.A. 7394 Declaration of Basic Policy
It is the policy of the State to protect
the interest of the consumer,
promote his general welfare and to
establish standards of conduct for
business and industry.
4. Consumer
Act of the
Philippines
When is it applicable?
• the COMPLAINANT is a natural person;
• the SUBJECT of the violation is a consumer
product or service; and
• the NATURE of the complaint is regarding
any of the aforementioned concern
What is a consumer product or
service?
goods, service and credits, debts
or obligations which are primarily
for personal, family, household or
agricultural purpose, which shall
include, but not limited to food,
drugs, cosmetics and devices
5. Consumer
Act of the
Philippines
What can a consumer do if he
has a complaint?
1. Identify the problem and what you believe
would be a fair settlement.
2. Gather documentation regarding your
complaint.
3. Go back to where you made the purchase.
Calmly and accurately explain the problem
and what action you would like taken.
4. If you are not satisfied with the response,
write a formal letter of complaint to the
consumer protection agency concerned.
What is the period for filing
consumer complaints?
Within 2 years from the time the
consumer transaction was
consummated or the deceptive or
unfair and unconscionable act or
practice was committed, and in case
of hidden defects, from discovery
thereof.
6. Arrange the
following in
the correct
order.
_Explain the problem to the
establishment where the defective
item or bad service was purchased.
_Write a letter of complaint to the
consumer protection agency.
_Identify the problem and know what
you want as redress.
_Bring your official receipt and other
necessary documents.
7. Philippine
Lemon Law
The basics of Philippine Lemon Law
autodeal.com
a lemon car is a defective brand new unit that’s
bought from an authorized dealer in the country
excludes motorcycles, buses, delivery trucks,
dump trucks, and heavy equipment like bulldozers
and cranes
protected by the law up to 12 months after
purchase or within the vehicle’s first 20,000 km
of total distance traveled
RepublicAct No. 10642
8. Philippine
Lemon Law
The basics of Philippine Lemon Law
autodeal.com
any factory defects found in and around the
brand new unit that don’t meet the
manufacturer’s specifications or warranty claims
are covered by the law
consumer may request (in writing) the dealer to
have the defective unit fixed within the 12-
month time period for at least 4 attempts
• consumer must return the unit within 30 days
from the previous repair attempt otherwise the
previous repair may be considered as successful
RepublicAct No. 10642
9. Philippine
Lemon Law
The basics of Philippine Lemon Law
autodeal.com
If the dealer didn’t resolve the issue beyond 4
attempts or if the issue persists after several
repairs, the consumer may then issue a Notice of
Availment of Lemon Law Rights to the dealer. If
both parties agree with the notice, the consumer
shall then return the unit for a final repair attempt.
If the dealer still fails to resolve the issue, the
consumer can bring the case up to the
Department ofTrade and Industry (DTI) for
assistance.
RepublicAct No. 10642
10. Philippine
Lemon Law
The basics of Philippine Lemon Law
autodeal.com
During the period of unit repair or availment of Lemon
Law rights, the dealer shall provide the consumer with
either a daily transportation allowance or a service
vehicle.
If ever the DTI deemed the issue in favor of the
consumer, he or she can request the dealer to replace
the unit with a similar model or a vehicle of higher
value. Should the consumer choose to have a more
expensive model, he or she has to pay the additional
cost. On the other hand, the consumer may return the
defective unit and demand a full refund with
collateral damage pay.
RepublicAct No. 10642
11. Philippine
Lemon Law
The basics of Philippine Lemon Law
autodeal.com
If it’s proven that there's no defect on the unit, the
DTI will order the consumer to pay or reimburse
the total amount that’s spent by the dealer in
repairing the otherwise non-defective unit.
RepublicAct No. 10642
12. How to file
a complaint
What should your letter contain?
• your name and address;
• name and address of concerned
establishment;
• circumstances regarding the
complaint including names, dates,
places, etc.
• Writing a letter
• Writing an email
• Online alternatives
Mediation
- settlement of a dispute or
controversy by setting up
an independent person
between two contending
parties in order to aid
them in the settlement of
their disagreement
legal-dictionary.thefreedictionary.com
Enclose supporting documents
and you should be prepared to
make an appearance when called,
especially during the mediation
conference.
13. How to file
a complaint
Where can a complaint be filed?
• Provincial or Regional Office
What are the available remedies?
Administrative Proceedings
• replacement or repair of
product or services
• refund of payment made
• restitution or rescission of
contract
• reimbursement to
complainant of amount
spent in pursuing the
complaint
In cases where the complainant and
respondent are situated in different
provinces, the complainant has the
option to choose the place where
to file the complaint.
If the consumer decides to pursue
civil/criminal action, it shall be filed with
the appropriate regular courts
(MunicipalTrial Court/RegionalTrial
Court).
Civil/Criminal Action
• award of damages
• if found guilty, can be
sentenced to
imprisonment or
payment of fine or both
14. How to file
a complaint
What are the administrative
penalties?
• cease & desist order
• assurance of compliance
o comply with provisions
o refrain from unlawful acts
o 3 R’s
o reimburse complainant
o restitution/rescission of contract
o condemnation of hazardous goods
o payment of fine (Php 500 – 300,000
and Php 1000 for each day of
continuing violation)
National Consumer Affairs Council
body created by the
Consumer Act to
improve the
management,
coordination and
effectiveness of
consumer programs and
policies of the different
government agencies
and private
organizations
• DTI
• DepEd
• DOH
• DA
• 4 consumer
organizations of
nationwide base
• 2 business/
industry sectors
15. • Dimagiba said, upon receipt of a complaint, the DTI would send notices of
mediation to parties involved. Mediation is supposed to be conducted
within five days.
• If the parties fail to reach an agreement, the case is submitted for
arbitration, with both parties required to submit their position papers. A
decision is then rendered by the arbiter.The whole process, from receipt of
the complaint to the arbitration decision, should ideally last only 20 days.
Send letters to The Consumer, Lifestyle Section,
Philippine Daily Inquirer, 1098 Chino Roces Ave. cor.
Mascardo and Yague Sts., 1204 Makati City; fax
8974793-94; or e-mail lbolido@inquirer.com.ph
16. Sample Letter
Juana Change
Lot 1 Blk 5 Azumi Subd
Batinguel, Dumaguete City
juanachange@gmail.com
19 September 2016
Dear Manager,
RE: COMPLAINT ABOUT FAULTY TELEVISION CABINET PURCHASED AT CABINET WORLD ON 15
DECEMBER 2015
I am unhappy with the quality of a television cabinet I bought at X APPLIANCE CENTER on 15 December and I
am writing to seek a replacement.
17. Sample Letter
The cabinet doors do not open and shut properly and the stain on the cabinet is uneven, with one half darker than the other.
The cabinet was delivered on 30 December and I noticed this problem as soon as I unpacked it from the box. The cabinet is
not of acceptable quality and does not match the sample cabinet I was shown in the store. I would like you to replace it with
one of the same quality and finish as the sample and arrange for a return of the faulty cabinet at no cost.
I have attached a photocopy of my receipt as proof of purchase.
I would like to have this problem fixed quickly please. If I do not hear from you within 10 days, I will lodge a formal complaint
with DTI.
You can contact me on 1234 5678 during working hours or after hours on 123 456 789 to discuss this matter further.
Yours sincerely,
Juana Change
18. Apply What You Learned
Instructions:
1. Review your interview notes (homework) for the most important details
that need to be included in a complaint letter.
2. Pretend to write a complaint letter addressed to the
business/establishment guilty of rendering bad service or selling a
defective product.
3. Be assertive but keep your tone formal and polite.
19. Complaint Letter Rubric
Criteria Description of Mastery
Content
Contains necessary details:
complainant’s name, address, contact number,
establishment’s name, address, contact number,
description of circumstances, conditions for settlement
(10 pts)
Tone Assertive but formal and polite (5 pts)
Format Follows the basic conventions of letter writing (5 pts)
20. http://www.cab.gov.ph/online-passenger-complaint-form
The goal of the CAB is to develop and regulate an air transport industry that delivers world-
class services to passengers. As such, CAB is your primary partner in advocating
passengers rights for a convenient, reliable, and safe air travel.
If you would like to complain about being bumped off your flight schedules, misleading
promos, or any other problem with local and international airlines, let CAB help you.
Online Alternatives
21. Online Alternatives
http://complaintsboard.ph/main/about
Complaints Board provides a venue for Filipinos to be heard. It is
an open forum where you can freely voice out your opinions and
reviews on anything that concerns the Filipino consumer. It aims to
deliver relevant and timely information from relevant and unbiased
sources—consumers just like you.
Made by Pinoys for Pinoys.
23. Online
Alternatives
5 Ways to
Complain
Through
Social Mediaby Joe Manna
blog.joemanna.com
1. Attempt all Reasonable MeansThrough
Front-End Customer Service
o Call at different times
o Bolster your complaint (victim of neglect)
o Document your attempts
2. Research the Company and Interactions
with Customers on theWeb
o Twitter, FB,YouTube presence
3. Publish aTweet Directed at the Company
Asking for Help
o @COMPANYNAME I need help and have an
outstanding concern. Please DM me.
24. Online
Alternatives
5 Ways to
Complain
Through
Social Mediaby Joe Manna
blog.joemanna.com
4. Write a Damaging Blog Post
I’d title it something to the effect of
“COMPANYNAME Review – My Horrific
Experience” Keep it simple and to the point
but aggressive. Don’t use inflammatory
language unless absolutely required.”
“Make the post intelligible, include good
grammar and make it very detailed. Include
all the references from step one earlier
keeping an unbiased, fact-based picture of
your experience. I suggest writing it inWord
first, then pasting it after many edits.”
25. Online
Alternatives
5 Ways to
Complain
Through
Social Mediaby Joe Manna
blog.joemanna.com
5. UseVideo to HumanizeYour Points
“If a company still hasn’t responded
(shocker!), escalate your attack to using
video.Video is effective because it
humanizes your complaint from words of
text into a real person. Don’t be arrogant,
paint yourself as the victim but don’t be
unrealistic. Authenticity and genuine
concerns go a long way to earning support
from others.”
27. What is Red Tape?
a series of actions or complicated tasks
that seem unnecessary but that a
government or organization requires you
to do in order to get or do something
official routine or procedure marked
by excessive complexity which
results in delay or inaction
Merriam-Webster
R.A. 9485
28.
29. There should always be a
visible, readable, and
understandable citizen's
charter posted in the
government office stating
all the required documents
for a process, how long the
process should take, who is
in charge, and necessary
fees.
Citizen’s Charter
By law, government offices
are required to accept all
applications. If they are
rejected, a written
explanation should be
provided stating the reason
why.
Written Explanation
Every office is required to
have PublicAssistance
and Complaints Desk
where citizens can ask
questions.Also, this is
where you can file
complaints and
grievances. By law, there
should ALWAYS be
someone manning the
help desk.
Help Desk
By law, frontline
government employees
must be courteous, must
give correct information,
and most importantly,
should always wear an ID.
Expected Behavior
Priority Lanes
Bribery is Illegal
Just because people are
doing it, it doesn't make it
right.When we pay a
bribe, we support and fund
the system of corruption.
Senior citizens and PWD
ApplicationTimeline
By law, each submitted
application must be acted
upon within 5-10 working
days (or less) from date of
receipt
5-Signature Limit
Accountability
R.A. 9485
32. The Contact Center ng Bayan (CCB) is a feedback
mechanism designated as the government’s main
helpdesk where citizens can request for
information and assistance on government
frontline service procedures, and report
commendations, appreciation, complaints, and
feedback.
The CCB was established by the Civil Service
Commission and the Information and
Communications Technology Office-National
Computer Center (ICTO-NCC) to support the
implementation of Republic Act No. 9485 or the Anti-
Red Tape Act (ARTA) of 2007
33. Success Story
Name: Anonymous
Nature of Concern: undue solicitation of payments by Mr.
Bien Gonzalvo and a certain “Amagon”
Agency: Batangas State University
Description:
“GUDPM YOON PAMAMGKIN KO NAPASOK SA BTNGAS
STATE UNIV COURSE AY MECHL ENGG. NARINIG KO
SA USAPAN NILA NG KAKLASE NA YUN DW ISA
TEACHER NILA NA BIEN PANGALAN NANINGIL NG P100
KADA STUDENT SA BUONG BATCH NG 4TH YEAR
PARA DAW SA OUTREACH PROGRAM PERO WALA
DAW GINANAP NA GANUN. DI RIN DAW NAGTUTURU.
IMBESTIGAHAN SANAAT TANGGALIN YUN
GUDPM MAY 1 PA YUN DAW TEACHER NILA SA
BATNGAS STATE U MECHL ENGG DEPT NA
AMAGON ANG APELYEDO NANINGIL SA KNILA
NG P100 PARA SA XEROX PERO WALA NAMAN
IBINIGAY KAHIT ISA PHINA.GANITO NA BA
TEACHERS SA BSU. SANA MAIMBESTIGAHAN
DIN 2016.04.05 20:28: REFERENCE CODE
IRN017503 ANG BUONG PANGALAN NG
TEACHER AY BIEN GONZALVO. NANINGIL SYA
P100 PARA DAW SA OUTREACH PROJECT NUN
DECMBR. DI NYA SINABI ANO PROGRAM.”
34. Agency Action:
CSC received a letter from DR. TIRSO A.
RONQUILLO, University President,
BATANGAS STATE UNIVERSITY, stating that:
In view of your letter received by our office on
April 8, 2016 regarding the complaint against
Engr. Vencent "Bien" Gonzalvo and Engr. Paul
Bryan Amagon, contractual faculty members
of the Mechanical Engineering Department of
the University's College of Engineering,
Architecture and Fine Arts (CEAFA), we are
respectfully informing your good office of the
action taken by the University.
On April 11, 2016, the office of the undersigned
created an Investigation Committee through
Memorandum No. 165, s. 2016. The committee
was directed to look into the issue and submit a
written report to the office. The Investigation
Committee, in its report submitted on April 15,
2016, found out that the complaint against Engr.
Gonzalvo and Engr. Amagon is factual.
In view of the foregoing, it was decided that the
contracts of Engr. Gonzalvo and Engr. Amagon
will not be renewed anymore by the University.
For the good of the service, I remain.
39. Developing Mastery: Re-
enactmentInstructions:
1. Meet with your group and assign a team
manager, scribe, a critic, and at least two
actors.
2. The manager shall let each member share
about the experiences of their interviewees
(homework).
3. The scribe should briefly summarize the
experiences described by each member in
1-2 sentences in a ½ sheet of paper.
4. The manager shall let each member share
about the methods suggested
by each interviewee.
5. The scribe should note these down.
6. The critic should take the lead in discussing
which methods to recommend to the class.
7. The group shall decide which experience to
re-enact in class.
8. The actors shall take the lead in planning
and practicing for the re-enactment.
9. After the re-enactment, the critic shall point
out weak points in the re-enactment (if any)
and share recommended methods to the
class.
40. Re-enactment Rubric
Criteria Description of Mastery (3 pts) Weight
Participation
& Focus
All members were engaged in relevant and productive tasks
throughout the allotted time for preparation.
x2
Scribe Notes
The notes taken contain enough details to allow the reader to
draw a picture of the discussion that took place between the
members.
Portrayal
The re-enactment was easy to understand and able to keep
the audience interested from beginning to end. Started and
ended on time.
x3
Critique
The weak points and suggested methods pointed out in the
critique were sensible and showed careful thinking.
x2
Notes de l'éditeur
1 - Do you want your money back (Refund)? Would you like the product repaired (Repair)? Will exchange do (Replace)?
2 - eg. sales receipts, repair orders, warranties, cancelled checks, or contract which will support the complaint and help the company solve your problem.
3 - Contact the person who sold you the item or performed the service. If that person is not helpful, ask for the supervisor or manager and repeat your complaint. A large percentage of consumer problems are resolved at this level.
restitution: the restoration of something lost or stolen to its proper owner
rescission: cancellation of an agreement or law
Advantages of administrative proceedings:
mediation/arbitration is more economical and time-saving
complainant need not undergo the rigors and expense of a court case
desist: abstain
desist: abstain
desist: abstain
desist: abstain
desist: abstain
desist: abstain
You can file a complaint in two ways: You can visit the CAB desks strategically located in the airports, or you can let us know right now, via this online complaint form
Tweet
First, follow the company on Twitter. This will allow them to send you a private message like email.
What should happen, they will respond eagerly to offer assistance. Assume the person on the other end has no idea what you’ve been through and treat them nicely. Give them details and offer your name and number if you haven’t shared it.
Tweet
First, follow the company on Twitter. This will allow them to send you a private message like email.
What should happen, they will respond eagerly to offer assistance. Assume the person on the other end has no idea what you’ve been through and treat them nicely. Give them details and offer your name and number if you haven’t shared it.
Tweet
First, follow the company on Twitter. This will allow them to send you a private message like email.
What should happen, they will respond eagerly to offer assistance. Assume the person on the other end has no idea what you’ve been through and treat them nicely. Give them details and offer your name and number if you haven’t shared it.
Priority Lanes
Every office should be designed in such a way that it accommodates senior citizens and PWD through the presence of a special lane for them. Public service should always be accessible to ALL and not just a few.
BriberyGood service should be the norm, not something we get when we pay a bribe. By doing things the right way, we are showing our officials that we hold them to a high standard of service.
The head of the office (mayor, director, chairman, etc.) must ensure that they are rendering efficient, accessible, and reliable service. Not acting upon feedback of citizens and not being aware of shady transactions happening in the office is tantamount to negligence of duty. If the head of office is sincerely dedicated to providing excellent service, he or she should act on violations of the law within the office and ensure proper enforcement of the law.
MINOR OFFENSES include: refusal to accept application/request within the prescribed period, failure to act on application/request, failure to attend to clients during noon break and prior to then end of working hours, failure to render frontline services within the prescribed period without a valid cause, failure to give client a written notice of disapproval, imposition of additional and irrelevant requirements other than those listed in the CC.
Penalties: 30-90 days suspension without pay and mandatory attendance in Values Orientation Program, dismissal and perpetual disqualification from public service.
GRAVE OFFENSES include: fixing activity both as facilitator inside and outside the office Penalty: Dismissal and perpetual disqualification from public service, imprisonment (not more than 6 years), fine of Php20,000-200,000ξ