Chapter 2: Ethics in Sales Management

Ethics ?
 SMI Code of Ethics (Sales and Marketing Institute
of the Philippines

1. Maintain Honesty and Integrity : in all relationships

with customers, prospective customers and
colleagues to earn their trust and respect.
2. Accurately represent my products or services to the
best of my ability in a manner that places my
customer or prospective customer in a position that
benefits both.
3. Accurately represent my products or services to the
best of my ability in a manner that places my
customer or prospective customer in a position that
benefits both.
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SMI Code of Ethics (Sales and Marketing Institute
of the Philippines

4. Continually upgrade my knowledge of my

products/services, skills and my industry.
5. Use the time and resources available to me only for
legitimate business purposes. I will only participate in
activities that are ethical and legal, and when in doubt,
I will seek counsel.
6. Respect my competitors and their products and
services by representing them in a manner which is
honest, truthful and based on accurate information that
has been substantiated.
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SMI Code of Ethics (Sales and Marketing Institute
of the Philippines

7. Endeavor to engage in business and selling practices

which contribute to a positive relationship with the
community.
8. Assist and counsel my fellow sales professionals
where possible in the performance of their duties.
9. Abide by and encourage others to adhere to this
Code of Ethics.

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Article 41. Penalties. – a) Any person who violates any of the provisions of Article 40
hereof shall, upon conviction, be subject to imprisonment of not less than one (1) year but
not more than five (5) years, or a fine of not less than Five thousand pesos (P5,000.00) but
not more than Ten thousand pesos (P10,000.00), or both such imprisonment and fine, in the
discretion of the Court.

Should the offense be committed by a juridical person, the Chairman of the Board of
Directors, the President, General Manager, or the partners and/or the persons directly
responsible therefor shall be penalized.
PROHIBITED ACTS AND PENALTIES Article 46. Prohibited Acts. – It shall be unlawful for any person to:
a) introduce or deliver for introduction into commerce of any mislabeled hazardous
substance or banned hazardous substance;
b) alter, mutilate, destroy, obliterate or remove the whole or any part of the label of a
mislabeled hazardous substance, or banned hazardous substance, if such act is done while the substance
is in commerce or while the substance is held for sale, whether or not it is the first sale;
c) receive in commerce any mislabeled hazardous substance or banned hazardous substance
and the delivery or preferred delivery thereof at cost or otherwise;
d) give the guaranty or undertaking referred to in paragraph (b) of Article 93 and
paragraph (b) of Article 45 if such guaranty or undertaking if false except by a person who relied
upon a guaranty or undertaking which he received in good faith;
e) introduce or deliver for introduction into commerce or receive in commerce and
subsequently deliver or preferred at cost or otherwise, or a hazardous substance in a refused food,
drug, cosmetic or device container or in a container which, though not a reused container, is identifiable
as a food, drug, cosmetic or device container by its labeling or by other identification. The use of a used
food, drug, cosmetic or device container for a hazardous substance does not diminish the danger posed
by the hazardous substance involved, therefore, such substance shall be deemed a mislabeled
hazardous substance
Article 47. Penalties, exception. – a) Any person who violates any of the provisions of
Article 46 shall, upon conviction, be subject to a fine of not less than One thousand pesos
(P1,000.00) or an imprisonment of not less than six (6) months but not more than five (5)
years or both upon the discretion of the court.
Article 60. Penalties. – a) Any person who shall violate the provisions of Title III, Chapter I, shall
upon conviction, be subject to a fine of not less than Five Hundred Pesos (P500.00) but not
more than Ten Thousand Pesos (P10,000.00) or imprisonment of not less than five (5) months
but not more than one (1) year or both, upon the discretion of the court.

b) In addition to the penalty provided for in paragraph (1), the court may grant an injunction
restraining the conduct constituting the contravention of the provisions of Articles 50 and 51
and/or actual damages and such other orders as it thinks fit to redress injury to the person
caused by such conduct
Article 65. Penalties. – a) Any person who shall violate the provisions of
paragraphs (a) to (f) and paragraph (l) of Article 64 or its implementing rules and
regulations shall, upon conviction, be subject to a fine of not less than Two hundred
pesos (P200.00) but not more than One thousand pesos (P1,000.00) or by
imprisonment of not more than one (1) year or both upon the discretion of the court.
Article 95. Penalties. – a) Any person who shall violate the provisions of Title III, Chapter IV
of this Act, or its implementing rules and regulations, except Articles 81 to 83 of the same
Chapter, shall be subject to a fine of not less than Five hundred pesos (P500.00) but not
more than Twenty thousand pesos (P20,000.00) or imprisonment of not less than three (3)
months but not more than two (2) years or both, at the discretion of the court: Provided,
That, if the consumer product is one which is not a food, cosmetic, drug, device or
hazardous substance, the penalty shall be a fine of not less than Two hundred pesos
(P200.00) but not more than Five thousand pesos (P5,000.00) or imprisonment of not less
than one (1) month but not more than one (1) year or both, at the discretion of the court.

b) Any person who violates the provisions of Article 81 to 83 for the first time shall be
subject to a fine of not less than Two hundred pesos (P200.00) but not more than Five
thousand pesos (P5,000.00) or by imprisonment of not less than one (1) month but not more
than six (6) months or both, at the discretion of the court. A second conviction under this
paragraph shall also carry with it the penalty of revocation of business permit and license.
Prohibited and Regulated Articles

The unlawful importation of prohibited articles (i.e.

marijuana, cocaine or any other narcotics or synthetic drugs,
firearms and explosives and parts thereof, gun replicas, obscene
or immoral articles, adulterated or misbranded articles of food or
drugs, gambling outfits and paraphernalia, used clothing and
rags – R.A. 4653, elephant / ivory tusk products) or those which
violate the Intellectual Property Rights Code, R.A. 8293 (i.e.,
DVDs, VCDs, other imitation products) and regulated items (i.e.,
transceivers, controlled chemicals / substances / precursors)
regardless of quantity constitute a violation of Philippine
Customs Laws and may subject you to criminal prosecutions and
/ or fines and penalties.
 Group Activity (We can
use the groupings in our
advertising class)
 Topic: Shopee Scammer
Alert: How to Identify and
avoid bogus buyers???
 Please submit on Sept. 25
 Arial 12, 1.5 spacing,
justify, short bond paper
only.