According to the Department of Trade Industry (DTI), the key to better consumer protection is knowing the Consumer Act

of the Philippines. The Consumer Act of the Philippines, or Republic Act No. 7394, took effect on July 15, 1992. It promotes the States policy to protect the interest of the consumer, promote his general welfare and to establish standards of conduct for business and industry. The Act aims to protect consumers against hazards to health and safety, and against deceptive, unfair and unconscionable sales acts and practices. It also seeks to give information and education to facilitate sound choice and the proper exercise of consumer rights, and to provide adequate rights and means of redress. Lastly, it aims to involve consumer representatives in the formulation of social and economic policies. Consumer products or services are defined as 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. What can the consumer do if he has a complaint? 1. Identify the problem and what you believe would be a fair settlement. a. Do you want your money back? (Refund) b. Would you want the product repaired? (Repair) c. Will exchange do? (Replace) 2. Gather documentation that will support the complaint and help the agency concerned solve your problem. a. Sales receipt b. Repair orders c. Warranties d. Cancelled checks e. Contract 3. Return to the establishment where you made the purchase Contact the person who sold you the item or performed the service. Calmly and accurately explain the problem and the action you would like taken. 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. 4. Write a formal letter - If you are not satisfied with the response, write a formal letter of complaint to the consumer protection agency concerned. State your name and address; the name and the address of the establishment which the complaint is directed, the circumstances regarding the complaint including names, dates, places etc. Enclose supporting documents such as official receipts, deed of sale and the likes. Be prepared to make an appearance when called, especially during the mediation conference

What is the period for filing consumer complaints?

Within two (2) years from the time the consumer transaction was consummated or the deceptive or unfair and unconscionable act or practice was committed. In case of hidden defects, from discovery thereof.

Where can a consumer complaint be filed? The administrative complaint shall be filed in the duplicate with the Provincial Office of the Department having jurisdiction over the subject of the complaint. In areas where there are no Provincial Offices, the complaint shall be filed in the Regional Office . In case where the complainant and respondent are situated in different provinces, the complainant has the option to choose the place where to file the complaint. In the National Capital Region, the complaint shall be filed in the following offices: For the Department of Trade & Industry, DTI-NCR For the Department of Health, BFAD For the Department of Agriculture, Legal Dept. DA The civil/ criminal action shall be filed with the appropriate regular courts ( Municipal Trial Court / Regional Trial Court)

What remedies are available to the consumers? A. For 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 B. For civil / criminal action : Civil action Award of damages Replacement or repair of product or service

Refund of payment made Restitution or rescission of contract Reimbursement to complainant of amount spent in pursuing the complaint Criminal action - defendant, if found quilty by the court be sentenced to imprisonment or payment of the fine or both, at the discretion of the court.

What are the disadvantages of filing the complaint before the Implementing Agencies (Administrative Proceedings) Mediation / arbitration is more economical and timesaving. Complainant need not undergo the rigors and expense of a court case

How are consumer complaints resolved? The implementing Agency where the complaint is filed, after jurisdiction is determined, will call the parties for mediation conference and find ways for amicable settlement. If no amicable settlement is arrived at, the complaint will be scheduled for preliminary conference for the parties to enter into stipulation of facts or arrive at simplification of issues. Formal hearing will be conducted by the Arbitration Officer and decision will be rendered. Decision of the Arbitration Officer is appealable to the Secretary of the concerned Department within 15 days from receipt of the decision Decision of the Department Secretary is appealable within 15 days from receipt of the decision to the Intermediate Appellate Court of the Supreme Court on the following grounds: 1. There is grave abuse of discretion.

2. The decision rendered was in excess of jurisdiction or authority of the Arbitration Officer 3. The decision is not supported by evidence or there is serious error in findings of facts.