RESEARCH WORK For TLEHE 102

QUIRINO STATE UNIVERSITY
MADDELA CAMPUS
Maddela 3404, Quirino
COLLEGE OF TEACHER EDUCATION
A.TITLE: Legal Matters: Consumer Act of the Philippines
The Philippine government adopted RA 7394 (Consumer Act of the

Philippines of 1991) as the legal basis for consumer protection in the
country. The law embodies the state policy on the protection of consumers
and establishes standards of conduct for business and industry in the
country.
Consumer protection is not a circumstance. During ancient times, every

society in history where a barter system existed, has sought to develop a
legal framework to define the relationship between the vendor and the
buyer. Elements of consumer protection have appeared in private and public
standards for centuries. (Hájková and Diviš)
Consumer protection law covers a wide range of topics, including the right
to privacy for consumers, in order to limit marketing efforts to the point that
they would constitute harassment and liability, in order to force
manufacturers, to uphold a certain standard of their products. Consumer
laws are a subset of private law legislation that govern the relationships
between consumers and producers and businesses that market their
products and services. Along with a host of other issues concerning
consumer-to-producer activity, the rules also safeguard customers from
unethical corporate activities.
VISION MISSION
The leading center for academic and technological excellence and prime catalyst Develop competent and morally upright professionals and
for a progressive and sustainable Quirino Province and Southern Cagayan generate appropriate knowledge and technologies to meet the
Valley. needs of Quirino Province and Southern Cagayan Valley.
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B. Learning Outcomes/Objectives
1. Purpose of the Law
2. Identify the right of consumers
3. Learn the regulations
4. Recognize the consumer protection in the Philippine setting
C. Learning Contents:
I. Purpose Of The Law
To prevent businesses that engage in fraud or specified unfair practices from

gaining an advantage over competitors, and to provide additional protection
for the weak and those unable to take care of themselves.
The law says:
“It is the policy of the State to protect the interests of the consumer, promote
his general welfare, and establish standards of conduct for business and
industry. Toward 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;
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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.” (Article 2, R.A. No. 7394)
● Consumers
Consumers must have access to reliable, unbiased information about the

goods and services they choose to buy. They are able to make the best
decisions based on their interests as a result, and firms cannot take
advantage of them or deceive them. By guaranteeing that businesses may be
held accountable, consumer protection laws, policies, and regulations help
to improve consumer welfare.
● Businesses
Businesses that are renowned for treating customers properly will develop a
positive image and become more in demand. Long-term economic growth
will also result from this improvement in their profitability and
competitiveness. Businesses are ensured to be held to account by consumer
protection policies, laws, and regulations.
● Growth of the economy and competitiveness
Consumer protection supports vibrant, functional marketplaces that help

firms expand. Since firms must maintain fair prices and high standards for
their goods and services, consumer demand drives innovation and economic
growth.
● Integration of Region
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Cross-jurisdictional cooperation on consumer protection is becoming

essential with the rise of cross-border and digital trade. By creating the
ASEAN Strategic Action Plan for Consumer Protection (ASAPCP) 2025,
ASEAN has been making an effort to address these problems.
II. Identify the Rights and Responsibilities of Consumer
Consumer protection is the practice of safeguarding customers and the

general public against unfair practices in the marketing field. In this day of
technology and globalization, there is a great need for consumer protection
measures to be instituted to prevent businesses from engaging in fraud and
deception in order to gain an advantage over a competitor or to mislead the
public. There are a number of products in the market which are dangerous
to the health of consumers. There is also widespread exploitation of
consumers through the ways of false practices, adulteration of products,
fake weights, and inadequate information, especially on packaged products.
A need for consumer protection also emerged as consumers in the modern
market economy continue to experience an imbalance of their bargaining
power against unscrupulous sellers in the industry, consumers should then
be educated about their rights and grievances should be addressed. From
the business point of view, consumer protection can also benefit them if
their customers are satisfied. By word of mouth, a satisfied customer would
mean more customers and an increased market base. To prevent
government intervention which is a hectic task, marketers should design
their trade practice in such a way that it would be in the interest of the
consumer. In the Philippines where rights are sometimes ignored and taken
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for granted, consumer protection became a constitutional mandate and it
was on this basis that the Consumer Acts of the Philippines (RA 7394) was
enacted. A consumer Rights and Responsibilities booklet published by

National Consumer Affairs (NCAC) contains the following to emphasize the
light consumers' basic rights which are:
1. The Right to Basic Need
This is the consumers' right to avail of basic goods and services at affordable
practices and good quality. Consumers must prioritize their needs, more
quality conscious rather than brand-conscious and quality over quantity.
Consumers should not result to panic buying and in times of calamities and
emergencies, businesses should ensure an adequate supply in the market.
2. Right to Safety
This right assures the customer is protected against the marketing of goals
that are dangerous to health and life. With this right, the consumers are
assured that the product has undergone extensive safety and performance
testing before it reaches the market. The product should be labeled with
information as to contacts, use, precautions, or warning signs and
instructions. It is good for consumers to read all labels and product
circulars before using a certain product. Before buying products, it is best to
ask for a sample or a tester especially when only large containers are
available. Marketers should keep certain products out of reach of young
children but customers should also be aware of these dangerous signs. Do
not be afraid to ask for a demo of how the product operates if you are in the
store. If store people cannot satisfactorily explain the machines, consumers
can contact the manufacturer and give pertinent data about the product.
3. Right to Information
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This is the right to be protected from dishonest and misleading advertising
or labeling of products as well as the right to adequate information about
the product to be able to make an educated choice. A consumer must read

labels carefully to get adequate knowledge of their use, content (chemical
contents) ingredients, expiry date, country of origin, and care of products.
It's also important for a consumer to read articles about a product before
purchasing. Warranties and guarantees must be carefully studied and
understood before signing documents pertaining to a purchase. A consumer
must know the name and address of the manufacturer in case of additional
clarification
4. Right to Choose
This is the right to choose products or services from reputable companies of

their choice with an assurance that they are good, quality, and satisfactory
price. In line with these, a consumer should make an educated study of all
the product choices and be sure of what he really needs to buy. Consumers
should also look into special offers that might be a good substitute for the
regular priced item e.g. buy one take one.
5. Right to Representation
This is the right to be heard. Right, to express one's feelings and interest in
the formulation of government policies that have an impact on the supply of
goods and services. Consumers must be aware of these proposed rules and
regulations by regarding articles, attending public hearings or meetings
connected, and how these are implemented in the locality. Consumers can
write letters to the Sanggunian if the issue concerns the locality, can be a
member of the concerned group, coordinate with legitimate/accredited
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consumer groups in their area, or right to the Executive Director of NCAC or
concerned government agencies to air their consumers.
6. Right to Basic Address
This is the right to seek legal remedies in the appropriate courts of law for
compensation due to the misrepresentation, unsatisfactory service, or
inferior goods of manufacturers. Pursuant to RA 7394 Consumer Act of the
Philippines under the "No return no Exchange" policy manufacturers/store
owners would replace defective merchandise. Avenues that a consumer can
take are: Try going back to the store where the product was purchased and
go to the Consumer Welfare Desk and request for a replacement, refund, or
repair of damaged merchandise. If the complaint is not acted on consumer
proceeds to the agency which has jurisdiction armed with all the necessary
documents like a complaint, copy of the receipt, and other documents vital
for mediation and be present in the mediation proceeding. If the above
avenues fail, arbitration follows. This is similar to the hearing conducted by
the regular costs. The ConsumerAdministration Office confers with parties
involved for an amicable settlement otherwise a formal hearing will follow.
The decision of the CAD becomes final and executory unless appealed within
days from receipt of decision
7. Right to Consumer Education
This is the right to acquire the knowledge and skills necessary to be an

informed customer. Here the customer expects businesses, government, and
consumers to embark on an information campaign through the media
company-related issue. A series of seminars, conferences, training, and a
public hearing is to be held for the benefit of the consumer. Consumer
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education is also incorporated into the school's curriculum and the
Consumer Empowerment Seminar is also organized by the NCAC for the
consumer's benefit. Consumers are expected to look closely into
informational reading material to educate themselves on how to get the best
value for their money. Consumers are also encouraged to participate in

seminars, conferences, and forms conducted by government agencies, and
business groups regarding rules and regulations for consumer welfare and
involve themselves in public hearings conducted in their area regarding
product-related issues. If unsatisfied can contact columnists of
newspaper/magazines to share their opinions on a consumer issue.
Additional information can also be acquired from Consumer Affairs Office.
Consumers can also inquire from good agencies/schools about consumer
education activities ongoing and in writing can share opinions on legislation
that may affect customers.
8. Right to Healthy Environment
This is the right to live with dignity and respect in an environment free of
threats. Consumers expect government control, the increase of degradation
of the environment especially in forests, wildlife and land depletion.
Consumers also expect that constant monitoring by government agencies of
sea, forest, coral reefs and waste disposal systems are in place and enforced.
Consumers on the other hand must contribute to a better environment by
being aware of the kind and extent of pollution occurring in the area and
how it can be controlled. A big yes on contributing to a better environment is
the implementations/application of the three R'sReduce - source of solid
waste by burying earth friendly productsReuse - products and containers as
such as possible Recycle - with prolong life of own landfillsIn the event that
customers are not satisfied they can organize or join an earth friendly group
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to ensure that their surroundings are free of pollutants and clean wastes
and encourage proper disposal of waste or get in touch with DENR.
Dynamics of how rights are demonstrated in real life situation:
● Customers deserve to be treated with respect.

● Being heard and given a chance to be listened to.
● Customers' right to privacy must be ensured.
● Customers should be able to choose which service to use.
● True and timely information are crucial to a customer.
● With rights comes responsibility.
● Cost evaluation is important to every customer.
● Compliance is as important as product.
● True and timely information must be provided by the customer.
● Personal and sensitive information must be protected.
III. In real-life regulations, these are how rights are applied:
1. A customer deserves to be treated with respect. The feeling of respect and

importance may be afforded a customer by a simple welcome gesture from a
seller.
2. Being heard and given the chance to be listened to is important.
3. Customers' right to privacy must be ensured. Customers may want to be

alone and find time to make a final choice or decision.
4.Customer should be able to make choices so it is important that a wide

range of alternatives are available.
5.Timely and true information are important for customers.
Consumers' Responsibilities Consumer rights indicate that customers also

have specific responsibility towards society and other consumer groups to
thwart unfair practices or at least be aware of it.
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These Consumers' Responsibilities follows:
1.The responsibility to think independently. The consumer should be well

concerned about what they really need or want and therefore make
independent choices. Not to be swayed by emotions or impulse buying.
2.The responsibility to be aware. The consumer has to be mindful of the

safety and quality of products before making a purchase.
3.The responsibility to complain. This is a responsibility whereby a customer

should express or file a complaint about their dissatisfaction with goods or
services in a sincere and fair manner.
4.The responsibility to be ethical and be fair by not engaging themselves

with any deceptive practice.
5.The responsibility to speak out. Customers should be fearless to speak

and their grievances and tell traders including government agencies what
they exactly want.
6.The responsibility to gather all data and facts available about a

product/service and keep at least of changes and innovation to avoid being
prey to outmoded or inferior products.
7.The responsibility to respect the environment. This is tied up with the

right to a healthy environment. Triggers to the destruction of planet earth
are human activities and abuses thus should be avoided.
IV.Consumer Protection in the Philippine Setting
Illustrate various agencies tasked to protect the interest of the consumer

against unscrupulous business industries and avenues that consumers can
take to address their concerns and grievances.The Philippine government
adopted RA 7394 Consumer Act of the Philippines in July 1991 (CAP 1991)
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to protect the interest of the consumer, promote general welfare and to
establish standards of conduct for business and industries. The Government
agencies in the Philippines changed with the implementation of the
Consumer Act of the Philippines and their areas of concern are:
1.Department of Trade and Industry (DTI)This has established a structure

that answers the need for effective consumer protection in the country.
Under this agency a functional unit was created namely the Consumer
Protection Group (CPG) with the following business/offices.
● Bureau of Philippine Standards (BPS) develops, promotes and

implements standards and related programs nationwide. It also
represents and worldwide participates in different standards related
activities like International Organization for Standardization,
AsiaPacific Economic Cooperation (APEC) and others.
● Consumer Protection and Advocacy Bureau (CPAB) serves as a policy
making body and oversees the advocacy of trade and consumer
protection laws.
● Fair Trade Enforcement Bureau (FTEB), this unit oversees the overall
implementation of trade and consumer protection laws. It Handles
important regulations, sales promotion, monitoring of product
standards, business licensing medications and adjudication process
with regard to Consumer Act, Price Act and BusinessName Laws.
2.Department of Agriculture (DA)
3.Department of Education (DepEd)
4.Securities and Exchange Commissions
Mechanics of Filling a Complaint
1.Identify the problem and what you believe would be a fair settlement.
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2.Gather documents regarding your complaint.
3.Go back where you made the purchase and accurately detail the problem
and what action you would take.
4.If unsatisfied with response, write a formal letter of complaint with the
following details:
a) Complete name, address, email and contact number of complaint

and respondent
b)Narration of the fact
c)Demand
d)Scan and attach proof of transaction and any government issued

I.D. of complainant.
Where to File a Complaint
A.Complaints Outside of Metro Manila
Refer to the directory for the appropriate provincial office.
B.Complaint Within Metro Manila
The Director
Fair Trade Enforcement Bureau
DTI Fair Trade Enforcement Bureau
The DTI has provided shopping tips and publishing guide for
consumers and warns the public against Franchising scam and email
scam while it appears that there are enough policies in place to
ensure consumer protection, consumers should be always vigilant.
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The policy of the State aims at protecting 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.
GENERALIZATION
In the Philippines, consumer protection is a constitutional mandate. It was

on the basis of this rule that the Consumer Act of the Philippine Republic
was passed in 1992. The Act is supplemented by the eight basic consumer
rights that assure rights to basic needs, environment, health, redress,
consumer education and safety.
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D.REFERENCES
Hájková, Kateřina, and Jan Diviš. History of Consumer Rights

Protection – COI,https://www.coi.cz/en/about-ctia/history-of-
consumer-rights-protection/. Accessed 7 April 2023.d Diviš)
“What is the Consumer Protection Act of the Philippines? | Alburo

Law.” ALBURO ALBURO AND ASSOCIATES LAW OFFICES, 31 October
2022, https://www.alburolaw.com/what-is-the-consumer-protection-
act-of-the-philippines/. Accessed 7 April 2023.
“Consumer Rights and Responsibilities | Teacher Zone.” Office de la
protectionduconsommateur,https://www.opc.gouv.qc.ca/en/teacher-
zone/list-activities/activities/consumer-rights-
responsibilities/.Accessed 7 April 2023.
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E. ACTIVITIES
1. Make an essay about the importance of the Consumer Protection Act
in the Philippines.
2. Role Play. (TOPIC Consumer Awareness)
3. Poster/ Slogan. ( Consumer Act)
4. Make a video portraying and applying the Consumer Act.
5. Collect pictures that related to Consumer Rights.
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F. ASSESSMENT
1. It is the policy of the State to protect the interests of the ____________.
A. CONSUMER
B. TRADER
C. MANUFACTURER
2. It is the practice of safeguarding customers and the general public
against unfair practices in the marketing field.
A. DTI
B. CONSUMER RIGHTS
C. CONSUMER PROTECTION
3. What is NOT the Purpose of Consumer Law?
A. To prevent businesses that engage in fraud or specified unfair
practices from gaining an advantage over competitors.
B. To provide additional protection for the weak and those unable to take
care of themselves
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C. Not protecting the interest of the consumer.
4. Provision of information and education to facilitate sound choice and the
proper exercise of ___________ by the consumer.
A. PRIDE
B. RIGHTS
C. BODY
5. Protection against deceptive, unfair, and unconscionable sales _________.
A. Acts and practices
B. Used by date
C. Traders and manufacturers
6. What is RA 7394?
A. Consumer Act of the Philippines
B. Anti-Trafficking in Persons Act
C. Barangay Micro Business Enterprises
7. This is the consumers' right to avail of basic goods and services at
affordable practices and good quality.
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A. RIGHT TO CONSUMER EDUCATION
B. RIGHT TO SAFETY
C. RIGHT TO BASIC NEEDS
8. What is right to safety?
A. Assures the customer to be protected against the marketing of goals
which are dangerous to health and life
B. Consumers' right to avail of basic goods and services at affordable
practices and good quality
C. Right to be protected from dishonest and misleading advertising or
labelling of products as well as the right to adequate information
about the product to be able to make an educated choice.
9. This is the right to seek legal remedies in the appropriate courts of law for
compensation due to the misrepresentation, unsatisfactory service or
inferior goods of manufacturers.
A. RIGHT TO BASIC NEEDS
B. RIGHT TO HEALTHY ENVIRONMENT
C. RIGHT TO BASIC ADDRESS
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10. This is the right to acquire knowledge and skills necessary to be an
informed customer.
A. RIGHT TO CONSUMER EDUCATION
B. RIGHT TO REDRESS
C. RIGHT TO BASIC NEEDS
11. Following are Dynamics of how rights are demonstrated in real life
situation which is not belong.
A. Customers deserve to be treated with respect.
B. Being heard and given chance to be listened to.
C. Consumer Protection and Advocacy Bureau (CPAB)serves as a policy
making body and overseas the advocacy of trade and consumer
protection laws.
12. Which of the Consumer Responsibilities is the consumer should be well
concerned about what they really need or want and therefore make
independent choices. Not to be swayed by emotions or impulse buying.
A. The responsibility to complain.
B. The responsibility to think independently.
C. The responsibility to speak out.
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13. This is tied up with the right to a healthy environment. Triggers to the
destruction of a planet earth are human activities and abuses thus should
be avoided.
A. The responsibility to speak out
B. The responsibility to be ethical and fair by not engaging themselves
with any deceptive practice
C. The responsibility to respect the environment.
14. Customers should be fearless to speak and their grievances and tell
traders including government agencies what they exactly want.
A. The responsibility to speak out.
B. The responsibility to respect environment.
C. The responsibility to be aware.
15. The consumer has to be mindful of the safety and quality of products
before making a purchase.
A. The responsibility to think independently
B. The responsibility to be aware.
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C. The responsibility to respect the environment.
16. A customer deserves to be treated with respect. Feeling of
_________________ and importance may be offered a customer by a simple
welcome gesture from seller.
A. KIND
B. PEACEFUL
C. RESPECT
17. It develops , promotes and implements standards and related programs
nationwide . It also represents and worldwide participates in different
standards related activities like international Organization for
Standardization.
A. BPS
B. CPAB
C. FTEB
18. This has established a structure that answers the need for effective
consumer protection in the country.
A. Department of Trade and Industry
B. Department of Agriculture
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C. Department of Education
19. The following are Mechanics of filling a complaint which is not .
A. Identify the problem and what you believe would be a fair settlement.
B. Go back where you made the purchase and accurately detail the
problem and what action you would take.
C. The responsibility to be ethical and be fair by not engaging themselves
with any deceptive practice.
20. Serves as a policy making body and oversees the advocacy of trade and
consumer protection laws.
A. APEC
B. CPAB
C. FTEB
21. __________________ are ensured of being held to account by consumer
protection policies, laws, and regulations.
A. CONSUMER
B. BUSINESS
C. GROWTH
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22. Consumer protection supports vibrant, functional marketplaces that
help firms expand. Since firms must maintain fair prices and high
standards for their goods and services, consumer demand drives
__________________ and _____________________.
A. Innovation and economic growth
B. Identify Rights and Responsibilities of Consumer
C. goods and services.
23. ____________________ on consumer protection is becoming essential with
the rise of cross-border and digital trade. By creating the ASEAN Strategic
Action Plan for Consumer Protection (ASAPCP) 2025, ASEAN has been
making an effort to address these problems.
A. Cross-jurisdictional cooperation
B. Growth of the economy and competitiveness
C. Integration of Region
24. In the _______________________ consumer protection is a constitutional
mandate.
A. INDIA
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B. PHILIPPINES
C. FRANCE
25. The Act is supplemented by the _______________ basic consumer rights.
A. NINE
B. TEN
C. EIGHT
G. FEEDBACK
1. A - CUSTOMER
2. C- CONSUMER PROTECTION
3. C- Not protecting the interest of the consumer.
4. B- RIGHTS
5. A- Acts and practices
6. A- Consumer Act of the Philippines
7. C-RIGHT TO BASIC NEEDS
8. A- Assures the customer to be protected against the marketing of
goals which are dangerous to health and life
9. C-RIGHT TO BASIC ADDRESS
10. A- CONSUMER EDUCATION
11. C- Consumer Protection and Advocacy Bureau (CPAB)serves as
a policy making body and overseas the advocacy of trade and
consumer protection laws.
12. B- The responsibility to think independently
13. C- The responsibility to respect the environment
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14. A- The responsibility to speak out .
15. A- The responsibility to be aware.
16. C-RESPECT
17. A-BPS
18. A-Department of Trade and Industry
19. C-The responsibility to be ethical and be fair by not engaging
themselves with any deceptive practice.
20. B-CPAB
21. B-Business
22. A-Innovation and economic growth
23. A-Cross-jurisdictional cooperation
24. B-PHILIPPINES
25. C-EIGHT
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Legal Matters:
Consumer Act of
the Philippines
PREPARED BY:
ESPIRITU, ANGEL A.
BTLED HE - 2
SUBMITTED TO:
Mrs.LEONIDA P. BARTOLOME, EdD
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QUIRINO STATE UNIVERSITY

COLLEGE OF TEACHER EDUCATION

A.TITLE: Legal Matters: Consumer Act of the Philippines

The Philippine government adopted RA 7394 (Consumer Act of the

Consumer protection is not a circumstance. During ancient times, every

“Molding Minds, Shaping Future”

COLLEGE OF TEACHER EDUCATION

1. Purpose of the Law

2. Identify the right of consumers

3. Learn the regulations

4. Recognize the consumer protection in the Philippine setting

I. Purpose Of The Law

To prevent businesses that engage in fraud or specified unfair practices from

The law says:

a) protection against hazards to health and safety;

b) protection against deceptive, unfair, and unconscionable sales acts and

“Molding Minds, Shaping Future”

COLLEGE OF TEACHER EDUCATION

c) provision of information and education to facilitate sound choice and the

d) provision of adequate rights and means of redress; and

e) involvement of consumer representatives in the formulation of social and

Consumers must have access to reliable, unbiased information about the

● Growth of the economy and competitiveness

Consumer protection supports vibrant, functional marketplaces that help

“Molding Minds, Shaping Future”

COLLEGE OF TEACHER EDUCATION

Cross-jurisdictional cooperation on consumer protection is becoming

II. Identify the Rights and Responsibilities of Consumer

Consumer protection is the practice of safeguarding customers and the

“Molding Minds, Shaping Future”

COLLEGE OF TEACHER EDUCATION

enacted. A consumer Rights and Responsibilities booklet published by

1. The Right to Basic Need

“Molding Minds, Shaping Future”

COLLEGE OF TEACHER EDUCATION

the product to be able to make an educated choice. A consumer must read

This is the right to choose products or services from reputable companies of

“Molding Minds, Shaping Future”

COLLEGE OF TEACHER EDUCATION

6. Right to Basic Address

7. Right to Consumer Education

This is the right to acquire the knowledge and skills necessary to be an

“Molding Minds, Shaping Future”

COLLEGE OF TEACHER EDUCATION

value for their money. Consumers are also encouraged to participate in

8. Right to Healthy Environment

“Molding Minds, Shaping Future”

COLLEGE OF TEACHER EDUCATION

Dynamics of how rights are demonstrated in real life situation:

● Customers deserve to be treated with respect.

● Personal and sensitive information must be protected.

III. In real-life regulations, these are how rights are applied:

1. A customer deserves to be treated with respect. The feeling of respect and

2. Being heard and given the chance to be listened to is important.

3. Customers' right to privacy must be ensured. Customers may want to be

4.Customer should be able to make choices so it is important that a wide

5.Timely and true information are important for customers.

Consumers' Responsibilities Consumer rights indicate that customers also

“Molding Minds, Shaping Future”

COLLEGE OF TEACHER EDUCATION

1.The responsibility to think independently. The consumer should be well

2.The responsibility to be aware. The consumer has to be mindful of the