Page 183 - May 2018 - December 2018 Issue

higher than that stated therein and without sponsorship, approval, performance,
discrimination to all buyers.” characteristics, ingredients, accessories, uses,
or benefits it does not have;
4. Gift cards and checks should not have an
expiration. b) a consumer product or service is of a
particular standard, quality, grade, style, or
For people who are not keen braving the model when in fact it is not;
traffic and crowds during this gift-giving
season, gift checks and cards come in handy. c) a consumer product is new, original or
Buyers and recipients of said gift checks (GCs) unused, when in fact, it is in a deteriorated,
must note that Republic Act 10962 or the Gift altered, reconditioned, reclaimed or
Check Act of 2017 prohibits issuers from second-hand state;
releasing GCs that bear an expiry date. It also
bars them from imposing an expiry date “on d) a consumer product or service is available to
the stored value, credit, or balance of the gift the consumer for a reason that is different
Filipinos have been known for celebrating check.” from the fact;
Christmas longer than other cultures. As early 2. There is no such thing as “No Return and No
as September, you hear carols being played in Exchange”. However, GCs that are issued to customers e) a consumer product or service has been
the malls and decorations are already up. At “including, but not limited to, those under supplied in accordance with the previous
around the same time, malls extend their The Implementing Rules and Regulations of loyalty, rewards, or promotional programs” as representation when in fact it is not;
hours to accommodate the throngs of R.A. 7394, or the Consumer Act of the determined by the DTI are not covered by the
shoppers looking for presents to give their Philippines, specifically Title III, Chapter 1, Rule new law. f) a consumer product or service can be
loved ones, buying groceries for all the potluck 2, Section 7 of Department Administrative supplied in a quantity greater than the
dinners lined up, and finding ways to spend Order (DAO) No. 2, Series of 1993, state that the Coupons or vouchers that entitle the holder to supplier intends;
their bonuses. In the hustle and bustle of the words “No Return, No Exchange”, or words to “a discount off a particular good or service,” or
Christmas season, it is important to be aware such effect shall not be written into the “that may be exchanged for a pre-identified g) a service, or repair of a consumer product is
of our consumer rights and the remedies that contract of sale, receipt of sales transaction, in good or service” are also not included. needed when in fact it is not;
are available to us when we encounter any documents as evidence of sale, or
unpleasant experiences in the middle of our anywhere in the store or business 5. You have rights against deceptive sales h) a specific price advantage of a consumer
shopping frenzy. establishment. Such provision is aimed to tactics. product exists when in fact it does not;
correct the misconception of a lot of
1. Never allow short-changing. consumers today that they do not have the There are sales agents that come off as too i) the sales act or practice involves or does not
right to return shoddy or defective goods or aggressive or whose strategies seem to be involve a warranty, a disclaimer of warranties,
Republic Act 10909, or the No Shortchanging demand for remedies, in case of defective or deceptive and manipulative. If you feel like you particular warranty terms or other rights,
Law, aims to protect consumers who lose imperfect service because of the “No Return, are being tricked into buying something, be remedies or obligations if the indication is
money to sellers or service providers who do No Exchange” notice in the receipts or reminded that deceptive sales acts or false; and
not give exact change. According to the law, anywhere in the business establishments. practices violate Article 50 of Republic Act (RA)
businesses or service providers should give 7394, or the Consumer Act of the Philippines. j) the seller or supplier has a sponsorship,
exact change, and cannot refuse to give Consumers may return or exchange the goods The provision states, “A deceptive act or approval, or affiliation he does not have.”
change to those who are buying their or avail of other remedies, in case of hidden practice by a seller or supplier in connection
products, or using their services, as it is their faults or defects, or any charge the buyer was with a consumer transaction violates this Act A consumer can go directly to the Department
“duty…to give exact exchange to the consumer not aware of the time of purchase. By provision whether it occurs before, during or after the of Trade and Industry (DTI) if any seller or
without waiting for the consumer to ask for of law, sellers are obligated to honor their transaction. An act or practice shall be business establishment does not comply with
the same.” implied warranties and grant corresponding deemed deceptive whenever the producer, any of the above-listed obligations. The DTI,
remedies to consumers. manufacturer, supplier or seller, through tasked with implementing the Consumer’s Act
Consumers can file a complaint not later than concealment, false representation of provisions, shall receive petitions or
10 working days after an establishment, seller, 3. The price tag must be followed. fraudulent manipulation, induces a consumer letter-complaints from aggrieved consumers.
or service provider refuses to give them to enter into a sales or lease transaction of any Christmas shopping is already crazy and
change or gives insufficient change. Anyone According to Republic Act 7394, otherwise consumer product or service. stressful as it is. Thus, it is important to have
found to have violated the law will be fined known as the Consumer Act of the Philippines, knowledge of the rights and remedies
P500 for the first offense. Repeat offenders will it is “unlawful to offer any consumer product Further, the law provides that, “the act or available under the law to help create a safer
be fined P15,000 and their license to operate for retail sale to the public without an practice of a seller or supplier is deceptive and more pleasant shopping experience, not
will be suspended for three months. A third appropriate price tag, label or marking publicly when it represents that: only during this gift-giving season, but all year
offense will incur a fine of P25,000 and the displayed to indicate the price of each article round.
revocation of their license to operate. and said products shall not be sold at a price a) a consumer product or service has the

LEGAL | 182