BATAS PAMBANSA BLG.

22 dishonored check, having the drawee's refusal to pay stamped or written thereon
or attached thereto, with the reason therefor as aforesaid, shall be prima facie
AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A CHECK evidence of the making or issuance of said check, and the due presentment to the
WITHOUT SUFFICIENT FUNDS OR CREDIT AND FOR OTHER PURPOSES. drawee for payment and the dishonor thereof, and that the same was properly
dishonored for the reason written, stamped or attached by the drawee on such
Section 1. Checks without sufficient funds. - Any person who makes or draws and dishonored check.
issues any check to apply on account or for value, knowing at the time of issue that
he does not have sufficient funds in or credit with the drawee bank for the payment Not with standing receipt of an order to stop payment, the drawee shall state in the
of such check in full upon its presentment, which check is subsequently dishonored notice that there were no sufficient funds in or credit with such bank for the
by the drawee bank for insufficiency of funds or credit or would have been payment in full of such check if such be the fact.
dishonored for the same reason had not the drawer, without any valid reason,
ordered the bank to stop payment, shall be punished by imprisonment of not less
than thirty days but not more than one (1) year or by a fine of not less than but not
more than double the amount of the check which fine shall in no case exceed Two
Hundred Thousand Pesos, or both such fine and imprisonment at the discretion of
the court.

The same penalty shall be imposed upon any person who, having sufficient funds in
or credit with the drawee bank when he makes or draws and issues a check, shall
fail to keep sufficient funds or to maintain a credit to cover the full amount of the
check if presented within a period of ninety (90) days from the date appearing
thereon, for which reason it is dishonored by the drawee bank.

Where the check is drawn by a corporation, company or entity, the person or

persons who actually signed the check in behalf of such drawer shall be liable under
this Act.

Section 2. Evidence of knowledge of insufficient funds. - The making, drawing and

issuance of a check payment of which is refused by the drawee because of
insufficient funds in or credit with such bank, when presented within ninety (90)
days from the date of the check, shall be prima facie evidence of knowledge of such
insufficiency of funds or credit unless such maker or drawer pays the holder thereof
the amount due thereon, or makes arrangements for payment in full by the drawee
of such check within (5) banking days after receiving notice that such check has not
been paid by the drawee.

Section 3. Duty of drawee; rules of evidence. - It shall be the duty of the drawee of
any check, when refusing to pay the same to the holder thereof upon presentment,
to cause to be written, printed, or stamped in plain language thereon, or attached
thereto, the reason for drawee's dishonor or refusal to pay the same: Provided,
That where there are no sufficient funds in or credit with such drawee bank, such
fact shall always be explicitly stated in the notice of dishonor or refusal. In all
prosecutions under this Act, the introduction in evidence of any unpaid and
THE CONSUMER ACT OF THE PHILIPPINES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
TITLE I. – GENERAL PROVISIONS
Article 1. Short Title. – This Act shall be known as the "Consumer Act of the
Philippines."
Article 2. Declaration of Basic Policy. – It is the policy of the State to protect the
interests of the consumer, promote his general welfare and to establish standards
of conduct for business and industry. Towards this end, the State shall implement
measures to achieve the following objectives:
a) protection against hazards to health and safety;
b) protection against deceptive, unfair and unconscionable sales acts and
practices;
c) provision of information and education to facilitate sound choice and
the proper exercise of rights by the consumer;
d) provision of adequate rights and means of redress; and
e) involvement of consumer representatives in the formulation of social
and economic policies.
Consumer Product Quality & Safety
Governing Provision: R.A 7394 Consumer Act of the Philippines (Title II, Chapter I)
DUTY OF THE STATE (ART.5)
 to develop and provide safety and quality standards for consumer
products, including performance or use-oriented standards, codes of
practice and methods of tests;
 to assist the consumer in evaluating the quality, including safety,
performance and comparative utility of consumer products;
 to protect the public against unreasonable risks of injury associated with
consumer products;
 to undertake research on quality improvement of products and
investigation into causes and prevention of product related deaths, illness
and injuries;
 to assure the public of the consistency of standardized products.
AGENCIES MANDATED TO IMPLEMENT (ART.6)
1. Department of Health for consumer products like food, drugs, cosmetic,
devices and substances
2. Department of Agriculture for consumer products related to agriculture.
3. Department of Trade & Industry for consumer products not under the
scope of DOH and DOA
POWERS, FUNCTIONS AND DUTIES (ART.17)
 to administer and supervise the implementation of this Article and its
implementing rules and regulations;
 to undertake researches, develop and establish quality and safety
standards for consumer products in coordination with other government
and private agencies closely associated with these products;
 to inspect and analyze consumer products for purposes of determining
conformity to established quality and safety standards;
 to levy, assess, collect and retain fees as are necessary to cover the cost of
inspection, certification, analysis and tests of samples of consumer
products and materials submitted in compliance with the provisions of this
Article;
 to investigate the causes of and maintain a record of product-related
deaths, illnesses and injuries for use in researches or studies on the
prevention of such product-related deaths, illnesses and injuries
 to accredit independent, competent non-government bodies, to assist in
(1) monitoring the market for the presence of hazardous or non-certified
products and other forms of violations of Article 18; and
(2) other appropriate means to expand the monitoring and enforcement
outreach of the department in relation to its manpower, testing and
certification resources at a given time.
 to accredit independent competent testing laboratories.
INCLUSIONS REQUIRED IN CONSUMER PRODUCT QUALITY AND SAFETY • it will remain prohibited until it is ensured that it is safe to use again
STANDARDS (ART.7)

• requirements as to performance, composition, contents, design, construction, If the department determined a consumer product to be substandard or materially
finish, packaging of a consumer product; defective, the manufacturer/business owner should:

• requirements as to kind, class, grade, dimensions, weights, material; • give notice to the public of the defect or failure to comply with the product
safety standards; and
• requirements as to the methods of sampling, tests and codes used to check the
quality of the product; • give notice to each distributor or retailer of such product.

• requirements as to precautions in storage, transporting and packaging;

• requirements that a consumer product be marked with or accompanied by
clear and adequate safety warnings or instructions, or requirements
respecting the form of warnings or instructions.
PUBLICATION AND EFFECTIVITY OF CONSUMER PRODUCT STANDARD (ART. 8-9)
Publication
• The concerned department shall publish or cause the publication of the
same in TWO (2) newspapers of general circulation at least once a week
for a period of not less than one (1) month
• May conduct an information campaign through other means deemed
effective
Effectivity
If a customer was injured by the product:
• refund the purchase price of the product less a reasonable allowance for
use
• pay the consumer reasonable damages as may be determined by the
department
• bring such product into conformity with the requirements or to repair the
defect
• replace the product with a like or equivalent product which complies with
the applicable consumer product standards which does not contain the
defect;
CERTIFICATION OF CONFORMITY TO CONSUMER PRODUCT STANDARDS (ART.14)

• The standard or the rule shall specify the date such rule is to take effect, • Before a product is allowed to be sold in the market it must pass the quality
which shall not exceed ninety (90) days from the date promulgated and/or safety standard
• Unless: the concerned department finds (for a good cause) that a later • It should also have the Philippine Standard Certification Mark
effective date is in the public interest and publishes its reasons for such
findings
The department may prohibit a manufacturer from “stockpiling”
consumer products to prevent such manufacturer from
circumventing the purposes of this paragraph.

INJURIOUS, DANGEROUS OR UNSAFE PRODUCTS (ART. 10-11)

If the product upon investigation or through customer complaint found a product

that is injurious, dangerous or unsafe:

• the department can have it recalled and prohibited from public sale or
distribution
IMPORTED PRODUCTS (ART. 15)
Any consumer product offered for importation shall be refused admission if such
product:

• Fails to comply with an applicable consumer product quality and safety

standard or rule

• Determined to be injurious, unsafe and dangerous

• Low quality / Substandard

• Has material defect

IMPORTANT NOTES FOR IMPORTED PRODUCTS

• Samples of the products that does not comply with such conditions may be
obtained to allow the owner or consignee to prove that they comply with the
standards
• Concerned department may defer final determination as to the admission of
such product that can be subjected to modification for a period not exceeding
ten (10) days
• Imported consumer products not admitted must be exported or
Commissioner of Customs may permit the destruction of the product

CONSUMER PRODUCTS FOR EXPORTS (ART.16)

Article 15 does not apply to any consumer products if:

• it can be shown that such product is manufactured, sold or held for sale for
export from the Philippines, or that such product was imported for export
• such consumer product or the packaging thereof bears a stamp or label
stating that such consumer product is intended for export and actually
exported.

PROHIBITED
ACTS (ART.18)

PENALTIES
(ART.19)