1987 Constitution

• Art. II
o Section 15. The State shall protect and promote the right to health of the people and
instill health consciousness among them
• Art. XVI
o Section 9. The State shall protect consumers from trade malpractices and from
substandard or hazardous products.
o Section 11. (2) The advertising industry is impressed with public interest, and shall be
regulated by law for the protection of consumers and the promotion of the general
welfare.
Only Filipino citizens or corporations or associations at least seventy per centum of the
capital of which is owned by such citizens shall be allowed to engage in the advertising
industry.
The participation of foreign investors in the governing body of entities in such industry
shall be limited to their proportionate share in the capital thereof, and all the executive
and managing officers of such entities must be citizens of the Philippines.
• Art. XIII
o Section 11. The State shall adopt an integrated and comprehensive approach to
health development which shall endeavor to make essential goods, health and other
social services available to all the people at affordable cost. There shall be priority
for the needs of the underprivileged, sick, elderly, disabled, women, and children.
The State shall endeavor to provide free medical care to paupers.
o Section 12. The State shall establish and maintain an effective food and drug
regulatory system and undertake appropriate health, manpower development, and
research, responsive to the country’s health needs and problems.
• Art. XV
o Section 3. (3) The right of the family to a family living wage and income
Consumer transaction under THE CONSUMER ACT OF THE PHILIPPINES (REPUBLIC
ACT NO. 7394)
s) “Consumer transaction” means (1) (i) a sale, lease, assignment, award by chance, or
other disposition of consumer products, including chattels that are intended to be affixed to land,
or of services, or of any right, title, or interest therein, except securities as defined in the Securities
Act and contracts of insurance under the Insurance Code, or (ii) grant of provision of credit to a
consumer for purposes that are primarily personal, family, household or agricultural, or (2) a
solicitation or promotion by a supplier with respect to a transaction referred to in clause (1).
Subject matter of consumer transaction
a. Consumer products and services under the Consumer Act Art. 4, pars. q), u), ab), ad),
ag), ah), ak), bo), bp), RA 7394 See also Art. 4 (g), (v), RA 7394

q) “Consumer products and services” means goods, services and credits, debts or
obligations which are primarily for personal, family, household or agricultural purposes,
which shall include but not limited to food, drugs, cosmetics, and devices.
u) “Cosmetics” means (1) articles intended to be rubbed, poured, sprinkled or sprayed on,
introduced into or otherwise applied to the human body or any part thereof for cleansing,
beautifying, promoting attractiveness, or altering the appearance, and (2) article intended
for uses as a component of any such article except that such term shall not include soap.
ab) “Device” means an instrument, apparatus, implement, machine, contrivance, implant,
in vitro reagent, or other similar or related article, including any component, part or
accessory which is (1) recognized in the official United States Pharmacopoeia-National
Formulary (USP-NF) or any supplement to them, (2) intended for use in the diagnosis of
disease or other condition or in the cure, mitigation, treatment or prevention of disease, in
man or other animals; or (3) intended to affect the structure or any function of the body of
man or other animals, and which does not achieve any of its principal intended purposes
through chemical action within or on the body of man or other animals and which is not
dependent upon being metabolized for the achievement of any of its principal intended
purposes.
ad) “Drugs” mean (1) articles recognized in the current official United States
Pharmacopoeia-National Formulary, official Homeopathic Pharmacopoeia of the United
States, official National Drug Formulary, or any supplement to any of them; and (2) articles
intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in
man or other animals; and (3) articles (other than food) intended to affect the structure or
any function of the body of man or animals; and (4) articles intended for use as a component
of any articles specified in clauses (1), (2), or (3) but do not include devices or their
components, parts or accessories.
ag) “Food” means any substance, whether processed, semi-processed or raw, intended
for human consumption and includes chewing gum, drinks and beverages and any
substance which has been used as an ingredient or a component in the manufacture,
preparation or treatment of food.
 ah) “Food additive” means any substance, the intended use of which results or may
reasonably be expected to result, directly or indirectly, in its becoming a component or
otherwise affecting the characteristics of any food (including any substance intended for
use in producing, manufacturing, packing, processing, preparing, treating, packaging,
transporting, or holding food; and including any source of radiation intended for any such
use), if such substance is not generally recognized, among experts qualified as having been
adequately shown through scientific procedures to be safe under the conditions of the
intended use.
bo) “Service” shall mean, with respect to repair and service firms, services supplied
in connection with a contract for construction, maintenance, repair, processing, treatment
or cleaning of goods or of fixtures on land, or distribution of goods, or transportation of
goods.
bp) “Services” means services that are the subject of a consumer transaction, either
together with, or separate from any kind of personal property, whether tangible or
intangible.
g) “Banned hazardous substance” means (1) any toy or other articles intended for
use by children, which are hazardous per se, or which bear or contain substances harmful
to human beings; or (2) any hazardous substance intended or packaged in a form suitable
for use in the household, which the implementing agency by regulation, classifies as
“banned hazardous substance” notwithstanding the existence of cautionary labels, to
safeguard public health and safety: Provided, That the implementing agency may, by
regulation, exempt from this Act, articles which by reason of their functional purpose
require the inclusion of the hazardous substance involved and which bear appropriate labels
giving adequate directions and warnings for their safe use.
v) “Counterfeit product” means any consumer product which, or the container or
labeling of which, without authorization, bears the trademark, trade name, or other
identifying mark, imprint, or device, or any likeness thereof, of a consumer product
manufacturer, processor, packer, distributor, other than the person or persons who in fact
manufactured, processed, packed or distributed such product and which thereby falsely
purports or is represented to be the product of, or to have been packed or distributed by
such consumer product manufacturer, processor, packer, or distributor.

b. Health products under the Food, Drug and Cosmetic Act (RA 3720)*, as amended by
the Food and Drug Administration Act of 2009 (FDA Act, RA 9711)**
*Refer to amended Sec. 10 of RA 3720
**Refer to Sec. 9 of RA 9711 for amendment to Sec. 10, RA 3720
Health Products: Sec. 10, par. (ff)
“(ff) ‘Health products’ means food, drugs, cosmetics, devices, biologicals, vaccines, in-vitro
diagnostic reagents and household/urban hazardous substances and/or a combination of and/or a
derivative thereof. It shall also refer to products that may have an effect on health which require
regulations as determined by the FDA.
Food: Sec. 10, par. (e)
(e) ‘Food’ means any processed substance which is intended for human consumption and includes
drink for man, beverages, chewing gum and any substances which have been used as an ingredient
in the manufacture, preparation or treatment of food
Drug: Sec. 10, par. (f)
(f) ‘Drug’ means: (1) articles recognized in official pharmacopeias and formularies, including
official homeopathic pharmacopeias, or any documentary supplement to any of them, which are
recognized and adopted by the FDA; (2) articles intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in man or other animals; (3) articles (other than food) intended
to affect the structure of any function of the body of humans or animals; or (4) articles intended
for use as a component of any articles specified in clauses (1), (2), or (3) but do not include devices
or their components, parts or accessories.
Device: Sec. 10, par. (g)
(g) ‘Device’ means medical devices, radiation devices and health-related devices.
“(1) ‘Medical device’ means any instrument, apparatus, implement, machine, appliance,
implant, in-vitro reagent or calibrator, software, material, or other similar or related article
intended by the manufacturer to be used alone, or in combination, for human beings for
one or more of the specific purpose(s) of: diagnosis, prevention, monitoring, treatment or
alleviation of disease; diagnosis, monitoring, treatment, alleviation of, or compensation for
an injury; investigation, replacement, modification, or support of the anatomy or of a
physiological process; supporting or sustaining life; preventing infection; control of
conception; disinfection of medical devices; and providing information for medical or
diagnostic purposes by means of in-vitro examination of specimens derived from the
human body. This device does not achieve its primary intended action in or on the human
body by pharmacological, immunological or metabolic means but which may be assisted
in its intended function by such means.
“(2) ‘Radiation device’ means an electrical or electronic apparatus emitting any ionizing
or non-ionizing electromagnetic or particulate radiation; or any sonic, infrasonic, or
ultrasonic wave. It includes ionizing radiation emitting equipment which is not
intentionally designed to produce radioactive materials.
“(3) ‘Health-related device’ means any device not used in health care but has been
determined by the FDA to adversely affect the health of the people.
Cosmetics: Sec. 10, par. (h)
(h) ‘Cosmetics’ means any substance or preparation intended to be placed in contact with the
various external parts of the human body or with the teeth and the mucous membranes of the oral
cavity, with a view exclusively or mainly to cleaning them, perfuming them, changing their
appearance and/or correcting body odor, and/or protecting the body or keeping them in good
condition.
Food/dietary supplement: Sec. 10, par. (ee)
(ee) ‘Food/dietary supplement’ means a processed food product intended to supplement the diet
that bears or contains one or more of the following dietary ingredients: vitamin, mineral, herb, or
other botanical, amino acid, and dietary substance to increase the total daily intake in amounts
conforming to the latest Philippine recommended energy and nutrient intakes or internationally
agreed minimum daily requirements. It usually is in the form of capsules, tablets, liquids, gels,
powders or pills and not represented for use as a conventional food or as the sole item of a meal
or diet or replacement of drugs and medicines.
Household/urban hazardous substance (HUHS): Sec. 10, par. (gg)
(gg) ‘Household/urban hazardous substance’ is:
“(1) Any substance or mixture of substances intended for individual or limited purposes
and which is toxic, corrosive, an irritant, a strong sensitizer, is flammable or combustible,
or generates pressure through decomposition, heat or other means, if such substance or
mixture of substances may cause substantial injury or substantial illness during or as a
proximate result of any customary or reasonably foreseeable ingestion by children, but
shall not include agricultural fertilizer, pesticide, and insecticide, and other economic
poisons, radioactive substance, or substances intended for use as fuels, coolants,
refrigerants and the like;
“(2) Any substance which the FDA finds to be under the categories enumerated in clause
(1) of this paragraph;
“(3) Any toy or other articles intended for use by children which the FDA may determine
to pose an electrical, chemical, physical, or thermal hazard; and
“(4) This term shall not apply to food, drugs, cosmetics, devices, or to substances intended
for use as fuels when stored in containers and used in the heating, cooking or refrigeration
system of a house, but such term shall apply to any article which is not in itself an
agricultural pesticide but which is a hazardous substance, as construed in paragraph (1) of
this section, by reason of bearing or containing such harmful substances described therein.
In-vitro diagnostic reagents: Sec. 10, par. (hh)
(hh) ‘In-vitro diagnostic reagents’ are reagents and systems intended for use in the
diagnosis of disease or other conditions, including a determination of the state of health, in
order to cure, mitigate, treat or prevent disease or its sequelae.
c. Basic necessities and prime commodities under the Price Act (RA 7581, as amended by RA
10623)
Secs. 3, pars. (1), (8), RA 7581 as amended by RA 10623
Section 3. Definition of Terms. – For purposes of this Act, the term:
"(1) ‘Basic necessities’ are goods vital to the needs of consumers for their sustenance and existence
in times of any of the cases provided under Section 6 or 7 of this Act such as, but not limited to,
rice, corn, root crops, bread; fresh, dried or canned fish and other marine products; fresh pork, beef
and poultry meat; fresh eggs; potable water in bottles and containers; fresh and processed milk;
fresh vegetables and fruits; locally manufactured instant noodles; coffee; sugar; cooking oil; salt;
laundry soap and detergents; firewood; charcoal; household liquefied petroleum gas (LPG) and
kerosene; candles; drugs classified as essential by the Department of Health and such other goods
as may be included under Section 4 of this Act;
"(8) ‘Prime Commodities’ are goods not considered as basic necessities but are essential to
consumers in times of any of the cases provided under Section 7 of this Act such as, but not limited
to, flour; dried, processed or canned pork, beef and poultry meat; dairy products not falling under
basic necessities; onions, garlic, vinegar, patis, soy sauce; toilet soap; fertilizer, pesticides and
herbicides; poultry, livestock and fishery feeds and veterinary products; paper; school supplies;
nipa shingles; sawali; cement; clinker; GI sheets; hollow blocks; plywood; plyboard; construction
nails; batteries; electrical supplies; light bulbs; steel wire; all drugs not classified as essential drugs
by the Department of Health and such other goods as may be included under Section 4 of this Act."
d. Food under Food Safety Act of 2013 (RA 10611)
Sec. 4 (g), RA 10611
(g) Food refers to any substance or product whether processed, partially processed or unprocessed
that is intended for human consumption. It includes drinks, chewing gum, water and other
substances which are intentionally incorporated into the food during its manufacture, preparation
and treatment.
e. Toys and Games under the Toy and Game Safety Labeling Act of 2013 (RA 10620)
Sec. 4, RA 10620
Section 4. Labeling Requirements for Toys and Games. – All toys and games locally or
internationally manufactured that are imported, donated, distributed and sold in the Philippines
shall comply with the appropriate provisions on safety labeling and manufacturer’s markings
found in the Philippine National Standards (PNS) for the safety of toys: Provided, That this shall
not apply to toys and games which are not intended for children including, but not limited to,
memorabilia or collectibles: Provided, further, That the Department of Trade and Industry (DTI)
shall cause the effective dissemination of the PNS in both the traditional form of mass media and
the internet to guide manufacturers, retailers, distributors and various sellers.
Rule III, Secs. 1.17, 1.30, IRR of RA 10620
1.17. Household/Urban Hazardous Substance – refers to any toy or other articles intended for use
by children which the FDA may determine to pose an electrical, chemical, physical or thermal
hazard. For this purpose “toys and other articles intended for use by children” shall refer to those
toys and articles specified to be for children less than fourteen (14) years of age.
1.30. Toy and Game – refers to an object or a number of objects clearly intended as a plaything
for children as defined in these Rules, subject to an exclusion as provided herein.
f. Telecommunications services under the Public Telecommunications Policy Act (RA 7925)
Sec. 3 (a), RA 7925
(a) Telecommunications - any process which enables a telecommunications entity to relay and
receive voice, data, electronic messages, written or printed matter, fixed or moving pictures, words,
music or visible or audible signals or any control signals of any design and for any purpose by
wire, radio or other electromagnetic, spectral, optical or technological means.
g. Motor vehicles under the Lemon Law (RA 10642)
Sec. 3 (a), (j) RA 10642
(a) Brand new motor vehicle refers to a vehicle constructed entirely from new parts and covered
by a manufacturer’s express warranty at the time of purchase that it has never been sold or
registered with the Department of Transportation and Communications (DOTC) or an appropriate
agency or authority, and has never been operated on any highway of the Philippines, or in any
foreign state or country;
(j) Motor vehicle refers to any self-propelled, four (4) wheeled road vehicle designed to carry
passengers including, but not limited to, sedans, coupes, station wagons, convertibles, pick-ups,
vans, sports utility vehicles (SUVs) and Asian Utility Vehicles (AUVs) but excluding motorcycles,
delivery trucks, dump trucks, buses, road rollers, trolley cars, street sweepers, sprinklers, lawn
mowers and heavy equipment such as, but not limited to, bulldozers, payloaders, graders, forklifts,
amphibian trucks, cranes, and vehicles which run only on rails or tracks, and tractors, trailers and
traction engines of all kinds used exclusively for agricultural purposes. Trailers having any number
of wheels, when propelled or intended by attachment to a motor vehicle, shall be classified as
separate motor vehicle with no power rating;
h. Drugs and medicines under the Universally Accessible Cheaper and Quality Medicines
Act of 2008 (RA 9502)
Sec. 4 (c), (d) and Sec. 23, RA 9502
Section 4-
(c) "Drugs and medicines" refers to any chemical compound or biological substance, other than
food, intended for use in the treatment, prevention or diagnosis of disease in humans or animals,
including but not limited to:
(1) any article recognized in the official United States Pharmacopoeia-National Formulary (USP-
NF), official Homeopathic Pharmacopoeia of the United States, Philippine Pharmacopoeia,
Philippine National Drug Formulary, British Pharmacopoeia, European Pharmacopoeia, Japanese
Pharmacopoeia, Indian Pharmacopoeia, any national compendium or any supplement to any of
them;
(2) any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of
disease in humans or animals;
(3) any article other than food intended to affect the structure or any function of the human body
or animals;
(4) any article intended for use as a component of any articles specified in clauses (1), (2), and (3)
not including devices or their components, parts, or accessories; and
(5) herbal and/or traditional drugs which are articles of plant or animal origin used in folk medicine
which are:
(i) recognized in the Philippine National Drug Formulary;
(ii) intended for use in the treatment or cure or mitigation of disease symptoms, injury or
body defects in humans;
(iii) other than food, intended to affect the structure or any function of the human body;
(iv) in finished or ready-to-use dosage form; and
(v) intended for use as a component of any of the articles specified in clauses (i), (ii), (iii),
and (iv);
(d) "Essential drugs list or national drug formulary" refers to a list of drugs prepared and
periodically updated by the Department of Health on the basis of health conditions obtaining in
the Philippines as well as on internationally accepted criteria;
Section 23-
SEC. 23. List of Drugs and Medicines that are Subject to Price Regulation. - The list of drugs and
medicines that are subject to price regulation shall include, inter alia:
(a) All drugs and medicines indicated for treatment of chronic illnesses and life threatening
conditions, such as, but not limited to, endocrine disorders, e.g., diabetes mellitus;
gastrointestinal disorders, e.g., peptic ulcer; urologic disorders, e.g., benign prostatic
hyperplasia (BPH); cardiovascular diseases, e.g., hypertension; pulmonary diseases, e.g.,
pulmonary tuberculosis (PTB), asthma; auto-immune diseases, e.g., systemic lupus
erythematosus (SLE); skin diseases, e.g., psoriasis; neuro-psychiatric disorders; other
infectious diseases, e.g., human immunodeficiency virus-acquired immune deficiency
syndrome (HIV-AIDS); and other conditions such as organ transplants and neoplasm;
(b) Drugs and medicines indicated for prevention of diseases, e.g., vaccines,
immunoglobulin, anti-sera;
(c) Drugs and medicines indicated for prevention of pregnancy, e.g., oral contraceptives;
(d) Anesthetic agents;
(e) Intravenous fluids;
 (f) Drugs and medicines that are included in the Philippine National Drug Formulary
(PNDF) Essential Drug List; and
(g) All other drugs and medicines which, from time to time, the Secretary of the
Department of Health determines to be in need of price regulation.
Case:
Roma Drug v. RTC of Guagua, G.R. No. 149907, April 16, 2009
i. COVID-related products
Refer to various DTI issuances covering consumer products and concerns relating to
COVID-19 prevention and consumer protection during the pandemic
https://www.dti.gov.ph/covid19/issuances/ PAHELP NAMAN DITO DI KO MAHANAP SA
LINK YUNG COVID-RELATED PRODUCTS
j. Cigarettes; Tobacco; Tobacco products; heated tobacco products (HTPs); Electronic
Nicotine/Non-Nicotine Delivery Systems (ENDS/ENNDS); Other Novel Tobacco Products
RA 9211 (Tobacco Regulation Act of 2003) SOBRANG HABA DI KO NA ILALAGAY
DITO. ETO NA LANG LINK:
https://www.officialgazette.gov.ph/2003/06/23/republic-act-no-9211/
Inter-Agency Committee – Tobacco Memorandum Circular No. 1, Series of 2004, IRR of RA
9211
https://www.tobaccocontrollaws.org/files/live/Philippines/Philippines%20-
%20Implementing%20Rules%20and%20Regulations%20to%20Rep.%20Act%20No.%20
9211%20-%20national.pdf
Inter-Agency Committee – Tobacco Memorandum Circular No. 1, Series of 2008,
Monitoring and Enforcement Guidelines of RA 9211 and its IRR DI KO RIN MAKITA
RA 10643 (Graphic Health Warnings Law); IRR of RA 10643
https://lawphil.net/statutes/repacts/ra2014/ra_10643_2014.html
Sec. 3, RA 11467
Section 3. Section 144 of the National Internal Revenue Code of 1997, as amended by Republic
Act No. 11346, is hereby amended to read as follows:
"SEC. 144. Tobacco Products, Heated Tobacco Products, and Vapor Products. -
"(A) Tobacco Products. - xxx
"(B) Heated Tobacco Products, - There shall be levied, assessed and collected on heated tobacco
products an excise tax at the rate prescribed below:
'"Effective on January 1, 2020, Twenty-five pesos (P25.G0) per pack of twenty (20) units or
packaging combinations of not more than twenty (20) units;
"Effective on January 1, 2021, Twenty-seven pesos and fifty centavos (P27.50) per pack of twenty
(20) units or packaging combinations of not more than twenty (20) units;
"Effective on January 1, 2022, Thirty pesos (P30.00) per pack of twenty (20) units or packaging
combinations of not more than twenty (20) units; and
"Effective on January 1,2023, Thirty-two pesos and fifty centavos (P32.50) per pack of twenty
(20) unite or packaging combinations of not more than twenty (20) units.ℒαwρhi৷
'The rates of tax imposed under this Subsection, shall be increased by five percent (5%) every year
effective on January 1, 2024 through revenue regulations issued by the Secretary of Finance.
"Manufacturers, distributors, and importers of heated tobacco products shall, within thirty (30)
days from the effectivity of this Act, and within the first five (5) days of every month thereafter,
submit to the Commissioner a sworn statement of the volume of sales and removals for each
particular brand of heated tobacco products sold for the three-month period immediately
preceding.
"xxx
"If the offender is not a citizen of the Philippines, he/she shall be deported immediately after
serving the sentence, without further proceedings for deportation.
"The Food and Drug Administration (FDA) shall periodically determine and regulate, consistent
with evolving medical and scientific studies, the manufacture, importation, sale, packaging,
advertising, and distribution of heated tobacco products, including banning the sale to nonsmokers
or persons below twenty-one (21) years old.
"Selling heated tobacco products to persons below twenty-one (21) years old shall he prohibited,
and shall be punished with a fine of Ten thousand pesos (P10,000.00) and imprisonment of thirty
(30) days.
"Manufacturers, distributors, importers, and sellers of heated tobacco products are given a period
of eighteen (18) months from the effectivity of the implementing rules and regulations (IRR) of
this Act to comply with the requirements under such IRR.
"The Bureau of Internal Revenue is mandated to issue a revenue regulation prescribing the floor
price or the minimum price of heated tobacco product taking into account the sum of the excise
and value- added taxes as provided herein.
“ (C) Vapor Products. - There shall be levied, assessed and collected on vapor products an excise
tax at the rates prescribed below:
"(1) Nicotine Salt or Salt Nicotine. - There shall be levied, assessed and collected on any liquid
substance, regardless of nicotine content, including nicotine-free liquids or any similar product,
further classified as nicotine salt or salt nicotine, an excise tax based on the following schedules:
"Effective on January 1, 2020, Thirty-seven pesos (P37.00) per milliliter or a fraction thereof;
"Effective on January 1,2021, Forty-two pesos (P42.G0) per milliliter or a fraction thereof;
"Effective on January 1,2022, Forty-seven pesos CP47.00) per- milliliter or a fraction thereof; and
"Effective on January 1,2023, Fifty-two pesos (P52.00) per milliliter or a fraction thereof.
''Provided, That the rates of tax imposed under this Subsection shall be increased by five percent
(5%) every year effective on January 1, 2024, through revenue regulations issued by the Secretary
of Finance.
"(2) Conventional 'Freebase' or 'Classic' Nicotine. - There shall be levied, assessed and collected
on any liquid substance, regardless of nicotine content, including nicotine-free liquid or any similar
product, further classified as conventional 'freebase' or 'classic' nicotine an excise tax based on the
following schedules:
"Effective on January 1, 2020, Forty-five pesos (P45.00) per ten (10) milliliters or a fraction
thereof;
"Effective on January 1, 2021, Fifty pesos (P50.00) per ten (10) milliliters or a fraction thereof;
"Effective on. January 1, 2022, Fifty-five pesos (P55.00) per ten (10) milliliters or a fraction
thereof; and
"Effective on January 1, 2023, Sixty pesos (P60.00) per ten (10) milliliters or a fraction thereof.
"Provided, That the rates of tax imposed under this Subsection shall be increased by five percent
(5%) every year effective January 1, 2024, through revenue regulations to be issued by the
Secretary of Finance.
"If the offender is not a citizen of the Philippines, he/she shall be deported immediately after
serving the sentence, without further proceedings for deportation.
"The FDA shall periodically determine and regulate, consistent with evolving medical and
scientific studies, the manufacture, importation, sale, packaging, advertising, and distribution of
vapor products, including banning the sale to nonsmokers or persons below twenty-one (2i) years
old, and banning of flavorings.
"Provided, That vapor products which exceed sixty-five milligrams of nicotine per milliliter
(65mg/ml) of liquid or gel, or which does not exceed this limit but seeks to make health claims,
shall be subject to additional requirements as the DOH and the FDA may impose: Provided,
however, That this shall not diminish the regulatory powers of the FDA over vapor products,
regardless of nicotine content.
"Selling vapor products to persons below twenty-one (21) years old shall be prohibited, and shall
be punished with a fine of Ten thousand pesos (P10,000.00) and imprisonment of (30) days.
"The manufacture, importation, sale and distribution of vapor products with flavoring other than
plain tobacco or plain menthol, shall be prohibited.
"Manufacturers, distributors, importers, and sellers of vapor products are given a period of
eighteen (18) months from the effectivity of the IRR of this Act to comply with the requirements
under such. IRR.
"xxx
"The Bureau of Internal Revenue is mandated to issue a revenue regulation prescribing the floor
price or the minimum price of vapor products taking into account the sum of the excise tax and
value-added tax as provided herein.
Executive Order No. 106 dated February 2020
FDA Circular No. 2021-016 (Licensing Guidelines for Vapor Products and Heated Tobacco
Products)
Case:
Department of Health v. Philip Morris Philippines Manufacturing, Inc.
G.R. No. 202943, March 25, 2015

k. Electric service under Electric Power Industry Reform Act (RA 9136)
Sec. 41, RA 9136
SEC. 41. Promotion of Consumer Interests. – The ERC shall handle consumer complaints and
ensure the adequate promotion of consumer interests.
Magna Carta for Residential Electricity Consumers, as amended by ERC Resolution No. 28,
series of 2010
Case:
Manila Electric Co. v. Nordec Philippines, 861 SCRA 515 (2018)

3. Persons/entities involved in, liable for, and/or affected by a consumer transaction

a. Consumer
Art. 4 (n), RA 7394
n) “Consumer” means a natural person who is a purchaser, lessee, recipient or prospective
purchaser, lessor or recipient of consumer products, services or credit.
b. Supplier
Art. 4, par. bu), Arts. 99-107,RA 7394
bu) “Supplier” means a person, other than a consumer, who, in the course of his business, solicits,
offers, advertises, or promotes the disposition or supply of a consumer product or who other than
the consumer, engages in, enforces, or otherwise participates in a consumer transaction, whether
or not any privity of contract actually exists between that person and the consumer, and includes
the successor to, or assignee of, any right or obligation of the supplier.
ARTICLE 99. Liability for Defective Services. — The service supplier is liable for redress,
independently of fault, for damages caused to consumers by defects relating to the rendering of
the services, as well as for insufficient or inadequate information on the fruition and hazards
thereof.
The service is defective when it does not provide the safety the consumer may rightfully expect of
it, taking the relevant circumstances into consideration, including but not limited to:
a) the manner in which it is provided;
b) the result of hazards which may reasonably be expected of it;
c) the time when it was provided.
A service is not considered defective because of the use or introduction of new techniques.
The supplier of the services shall not be held liable when it is proven:
a) that there is no defect in the service rendered;
b) that the consumer or third party is solely at fault.
ARTICLE 100. Liability for Product and Service Imperfection. — The suppliers of durable or
non-durable consumer products are jointly liable for imperfections in quality that render the
products unfit or inadequate for consumption for which they are designed or decrease their value,
and for those resulting from inconsistency with the information provided on the container,
packaging, labels or publicity messages/advertisement, with due regard to the variations resulting
from their nature, the consumer being able to demand replacement to the imperfect parts.
If the imperfection is not corrected within thirty (30) days, the consumer may alternatively demand
at his option:
a) the replacement of the product by another of the same kind, in a perfect state of use;
b) the immediate reimbursement of the amount paid, with monetary updating, without
prejudice to any losses and damages;
c) a proportionate price reduction.
The parties may agree to reduce or increase the term specified in the immediately preceding
paragraph; but such shall not be less than seven (7) nor more than one hundred and eighty (180)
days.
The consumer may make immediate use of the alternatives under the second paragraph of this
Article when by virtue of the extent of the imperfection, the replacement of the imperfect parts
may jeopardize the product quality or characteristics, thus decreasing its value.
If the consumer opts for the alternative under sub-paragraph (a) of the second paragraph of this
Article, and replacement of the product is not possible, it may be replaced by another of a different
kind, mark or model: Provided, That any difference in price may result thereof shall be
supplemented or reimbursed by the party which caused the damage, without prejudice to the
provisions of the second, third and fourth paragraphs of this Article.
ARTICLE 101. Liability for Product Quantity Imperfection. — Suppliers are jointly liable for
imperfections in the quantity of the product when, in due regard for variations inherent thereto,
their net content is less than that indicated on the container, packaging, labeling or advertisement,
the consumer having powers to demand, alternatively, at his own option:
a) the proportionate price
b) the supplementing of weight or measure differential;
c) the replacement of the product by another of the same kind, mark or model, without
said imperfections;
d) the immediate reimbursement of the amount paid, with monetary updating without
prejudice to losses and damages if any.
The provisions of the fifth paragraph of Article 99 shall apply to this Article.
The immediate supplier shall be liable if the instrument used for weighing or measuring is not
gauged in accordance with official standards.
ARTICLE 102. Liability for Service Quality Imperfection. — The service supplier is liable for
any quality imperfections that render the services improper for consumption or decrease their
value, and for those resulting from inconsistency with the information contained in the offer or
advertisement, the consumer being entitled to demand alternatively at his option:
a) the performance of the services, without any additional cost and when applicable;
b) the immediate reimbursement of the amount paid, with monetary updating without
prejudice to losses and damages, if any;
c) a proportionate price reduction.
Reperformance of services may be entrusted to duly qualified third parties, at the supplier’s risk
and cost.
Improper services are those which prove to be inadequate for purposes reasonably expected of
them and those that fail to meet the provisions of this Act regulating service rendering.
ARTICLE 103. Repair Service Obligation. — When services are provided for the repair of any
product, the supplier shall be considered implicitly bound to use adequate, new, original
replacement parts, or those that maintain the manufacturer’s technical specifications unless,
otherwise authorized, as regards to the latter by the consumer.
ARTICLE 104. Ignorance of Quality Imperfection. — The supplier’s ignorance of the quality
imperfections due to inadequacy of the products and services does not exempt him from any
liability.
ARTICLE 105. Legal Guarantee of Adequacy. — The legal guarantee of product or service
adequacy does not require an express instrument or contractual exoneration of the supplier being
forbidden.
ARTICLE 106. Prohibition in Contractual Stipulation. — The stipulation in a contract of a
clause preventing, exonerating or reducing the obligation to indemnify for damages effected, as
provided for in this and in the preceding Articles, is hereby prohibited, if there is more than one
person responsible for the cause of the damage, they shall be jointly liable for the redress
established in the pertinent provisions of this Act. However, if the damage is caused by a
component or part incorporated in the product or service, its manufacturer, builder or importer and
the person who incorporated the component or part are jointly liable.
ARTICLE 107. Penalties. — Any person who shall violate any provision of this Chapter or its
implementing rules and regulations with respect to any consumer product which is not food,
cosmetic, or hazardous substance shall upon conviction, be subject to a fine of not less than Five
thousand pesos (P5,000.00) and by imprisonment of not more than one (1) year or both upon the
discretion of the court.
In case of juridical persons, the penalty shall be imposed upon its president, manager or head. If
the offender is an alien, he shall, after payment of fine and service of sentence, be deported without
further deportation proceedings.
c. Manufacturer
Art. 4, par. ac), Art. 97, RA 7394
ac) “Distributor” means any person to whom a consumer product is delivered or sold for
purposes of distribution in commerce, except that such term does not include a manufacturer or
retailer of such product.
ARTICLE 97. Liability for the Defective Products. — Any Filipino or foreign manufacturer,
producer, and any importer, shall be liable for redress, independently of fault, for damages caused
to consumers by defects resulting from design, manufacture, construction, assembly and erection,
formulas and handling and making up, presentation or packing of their products, as well as for the
insufficient or inadequate information on the use and hazards thereof.
A product is defective when it does not offer the safety rightfully expected of it, taking relevant
circumstances into consideration, including but not limited to:
a) presentation of product;
b) use and hazards reasonably expected of it;
c) the time it was put into circulation.
A product is not considered defective because another better quality product has been placed in
the market.

The manufacturer, builder, producer or importer shall not be held liable when it evidences:
a) that it did not place the product on the market;
b) that although it did place the product on the market such product has no defect;
c) that the consumer or a third party is solely at fault.
Sec. 10, par. (v), RA 3720, as amended by RA 9711
(v) ‘Manufacturer’, in relation to a health product, means an establishment engaged in any and all
operations involved in the production of health products including preparation, processing,
compounding, formulating, filling, packing, repacking, altering, ornamenting, finishing and
labeling with the end in view of its storage, sale or distribution: Provided, That the term shall not
apply to the compounding and filling of prescriptions in drugstores and hospital pharmacies. A
trader shall be categorized as a manufacturer.
d.Seller/Reseller, Distributor, Importer, Exporter, Wholesaler, Trader
Art. 4, pars. ac), bn), Art. 98, RA 7394
ac) “Distributor” means any person to whom a consumer product is delivered or sold for purposes
of distribution in commerce, except that such term does not include a manufacturer or retailer of
such product.
bn) “Seller” means a person engaged in the business of selling consumer products directly to
consumers. It shall include a supplier or distributor if (1) the seller is a subsidiary or affiliate of
the supplier or distributor; (2) the seller interchanges personnel or maintains common or
overlapping officers or directors with the supplier or distributor; or (3) the supplier or distributor
provides or exercises supervision, direction or control over the selling practices of the seller.
Sec. 10, pars. (r), (bb), (cc), RA 3720 as amended by RA 9711
r) “Consumer product safety rule” means a consumer product safety standard described in Article
78 or a rule under this Chapter declaring a consumer product banned hazardous product.
bb) “Poisonous substance” means any substance capable of destroying life or seriously
endangering health when applied externally to the body or introduced internally in moderate doses.
"(cc) 'Distributor/wholesaler' means any establishment that procures raw materials, active
ingredients and/or finished products from local establishments for local distribution on wholesale
basis.
Sec. 10, par. (mm), RA 3720 as amended by RA 9711
"(mm) 'Retailer' means any establishment which sells or offers to sell any health product directly
to the general public."
e. Buyer/Retailer/Dealer
Art. 4, par. bk), RA 7394
bk) “Retailer” means a person engaged in the business of selling consumer products directly
to consumers.
Sec. 10, par. (mm), RA 3720 as amended by RA 9711
"(mm) 'Retailer' means any establishment which sells or offers to sell any health product directly
to the general public."
f. Intellectual Property Rights Licensor and Licensee
Secs. 4.1, 4.2, 85, 89, 90, RA 8293 (Intellectual Property Code)
Section 4. Definitions. - 4.1. The term "intellectual property rights" consists of:
a) Copyright and Related Rights;
b) Trademarks and Service Marks;
c) Geographic Indications;
d) Industrial Designs;
e) Patents;
f) Layout-Designs (Topographies) of Integrated Circuits; and
g) Protection of Undisclosed Information (n, TRIPS).
4.2. The term "technology transfer arrangements" refers to contracts or agreements involving the
transfer of systematic knowledge for the manufacture of a product, the application of a process, or
rendering of a service including management contracts; and the transfer, assignment or licensing
of all forms of intellectual property rights, including licensing of computer software except
computer software developed for mass market.
Section 85. Voluntary License Contract. - To encourage the transfer and dissemination of
technology, prevent or control practices and conditions that may in particular cases constitute an
abuse of intellectual property rights having an adverse effect on competition and trade, all
technology transfer arrangements shall comply with the provisions of this Chapter. (n)
Section 90. Rights of Licensee. - The licensee shall be entitled to exploit the subject matter of the
technology transfer arrangement during the whole term of the technology transfer arrangement.
(Sec. 33-C (1), R.A. 165a)
Sec. 4, pars. bf), bx) RA 7394
bf) “Private labeler” means an owner of a brand or trademark on the label of consumer product
other than a manufacturer of the product.
bx) “Trade name” or “trademark” means a word or words, name, title, symbol, emblem, sign or
device or any combination thereof used as an advertisement, sign, label, poster or otherwise for
the purpose of enabling the public to distinguish the business of the person who owns and uses
said trade name or trademark.
g. Creditor in a consumer credit transaction
Art. 4, pars. o), x) z), RA 7394
o) “Consumer credit” means any credit extended by a creditor to a consumer for the sale
or lease of any consumer product or service under which part or all of the price or payment therefor
is payable at some future time, whether in full or in installments.
x) “Credit Sale” means a sale of products, services or an interest in land to a person on
credit where a debt is payable in installments or a finance charge is imposed and includes any
agreement in the form of a bailment of products or lease of products or real property if the bailee
or lessee pays or agrees to pay compensation for use a sum substantially equivalent to or in excess
of the aggregate value of the products or real property involved and it is agreed that the bailee or
lessee will become, or for no other or a nominal consideration has the option to become, the owner
of the products or real property upon full compliance with the terms of the agreement.
z) “Creditor” means any person engaged in the business of extending credit and shall
include any person who as a regular business practice makes loans or sells or rents property or
services on a time, credit or installment basis, either as principal or as agent who requires as an
incident to the extension of credit, the payment of a finance charge.
h. Agent/Contractor/Service provider (e.g., packer, transporter, logistics service provider,
warehouse operator) ???
i. Advertiser
Art. 4 (d), RA 7394
d) “Advertiser” means the client of the advertising agency or the sponsor of the
advertisement on whose account the advertising is prepared, conceptualized, presented or
disseminated.