draft as of 31 August 2022

1 JOINT DILG-DTI ADMINISTRATIVE Order No. ___

2 Series of 2022
3
4
5 IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO.11706
6 AN ACT PROVIDING FOR THE ESTABLISHMENT OF TIMBANGAN NG BAYAN
7 CENTERS IN PUBLIC AND PRIVATE MARKETS, AMENDING FOR THE
8 PURPOSE CHAPTER II, TITLE III OF REPUBLIC ACT NO.7394, OTHERWISE
9 KNOWN AS THE “CONSUMER ACT OF THE PHILIPPINES”
10
11
12 WHEREAS, Republic Act No. 11706 (RA11706) An Act Providing For The
13 Establishment Of Timbangan Ng Bayan Centers In Public And Private Markets,
14 Amending For The Purpose Chapter II, Title III Of Republic Act No.7394 (RA7394),
15 Otherwise Known As The “Consumer Act Of The Philippines, was approved into law
16 on 13 April 2022;
17
18 WHEREAS, Article 62 of RA7394 Sealing and Testing of Instruments of Weights and
19 Measure, added Article 62-A directing all provincial, city, and municipal governments
20 to establish accessible Timbangan ng Bayan Centers in all public and private markets,
21 including supermarkets, and when practicable, in flea markets or tiangges and grocery
22 stores, within their respective localities;
23
24 WHEREAS, Section 2 of RA11706 provides that the Department of the Interior and
25 Local Government (DILG) and the Department of Trade and Industry (DTI) shall, in
26 coordination with other relevant government agencies and stakeholders, promulgate
27 the necessary implementing rules and regulations;
28
29 WHEREAS, the State, through the DILG and the DTI, recognizes that the
30 establishment of Timbangan ng Bayan Centers nationwide will allow consumers to
31 check their purchases and ensure that they get value for their money and will promote
32 compliance with fair trade and consumer protection laws;
33
34 NOW, THEREFORE, the following rules and regulations are hereby promulgated to
35 implement the provisions of the said Act:
36
37 RULE I
38 GENERAL PROVISIONS
39
40 Section 1. Title. This Order shall be referred to as the Implementing Rules and
41 Regulations (IRR) of Republic Act No. 11706 An Act Providing For The Establishment
42 Of Timbangan Ng Bayan Centers In Public And Private Markets, Amending For The
43 Purpose Chapter II, Title III Of Republic Act No.7394, Otherwise Known As The
44 “Consumer Act Of The Philippines”.
45
46
47
48
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51 RULE II
52 Scope and Coverage
53
54 Section 1. Scope and Coverage. These shall apply to all public and private markets,
55 supermarkets, flea market or tiangges, talipapa, and grocery stores located
56 nationwide.
57
58 RULE III
59 Definition of Terms
60
61 Section 1. Definition of Terms. For purposes of this IRR, the following terms and
62 phrases shall mean or be understood as follows:
63
64 a. Flea market or tiangge – A temporary market where goods, merchandise, or
65 food products are sold;
66 b. Grocery Store – A retail shop that primarily sells food and household items in
67 a specific community;
68 c. Supermarket – A market larger than a grocery store in which shoppers serve
69 themselves by using baskets or pushcarts in selecting commodities from
70 shelves or cold display storages and paying for their purchases at the exit;
71 d. Public market – An establishment owned by the government to fulfill a public
72 purpose, showcase a community’s unique character and culture while serving
73 its everyday shopping needs, and typically focus on the sale of a full array of
74 fresh, healthful, value-added, and prepared foods – often locally grown or
75 produced. They are sometimes rounded out by crafts and/or a variety of needed
76 neighborhood businesses;
77 e. Private market – A facility owned and managed by a private person, entity or
78 entities for the purposes of the wholesale purchase or sale of agricultural
79 products and other goods; and
80 f. Talipapa – A temporary makeshift market selling food, or makeshift fish stores
81 which is the common alternative of consumers.
82
83 RULE IV
84 RESPONSIBILITIES
85
86 Section 1. Department of the Interior and Local Government (DILG). The DILG
87 shall:
88
89 a. Facilitate the issuance of Memorandum Circular and monitor the establishment
90 of a Timbangan ng Bayan Centers in all public and private markets, including
91 supermarkets, flea markets or tiangges, talipapa and grocery stores, in the
92 provinces, cities, and municipalities; and
93 b. Conduct a consumer advocacy program of the law and its IRR.
94
95 Section 2. Department of Trade and Industry (DTI). The DTI shall:
96
97 a. Provide assistance in the distribution of Timbangan ng Bayan instruments to
98 provinces, cities and municipalities in the Timbangan ng Bayan Centers
99 nationwide;

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100 b. Enforce the metric system of weights and measures to be used for all products,
101 commodities, materials, utilities, services and commercial transactions, in all
102 contracts, deeds and other official and legal instruments and documents;
103 c. Provide standard of measures for garments, shoes and other similar consumer
104 products; and
105 d. Provide a consumer advocacy program of the law and its IRR.
106
107 Section 3. Timbangan ng Bayan Centers. The Timbangan ng Bayan Center shall:
108
109 a. Assure the availability of necessary instruments for determining weights and
110 measures; and
111 b. Allow all persons to use the weight and measure instruments free of charge.
112
113 Section 4. Market Supervisor. The market supervisor shall:
114
115 a. Safekeep and conduct daily sanitation and periodic maintenance of the
116 Timbangan ng Bayan instruments;
117 b. Maintain a record of every product found to be deficient in quantity or is
118 substandard in dimension, as well as the establishment where the same was
119 bought including the name/s of the proprietor/s or manager/s thereof; and
120 c. Certify the record as prima evidence of a violation of Article 64 of RA 7394, as
121 appropriate.
122
123 Section 5. Provincial/City/Municipal Treasurers. The provincial/city/municipal
124 treasurers shall:
125
126 a. Conduct the testing, calibration, and sealing of the weight and measure
127 instruments every six (6) months.
128
129 Section 6. Coordinating Agencies. To effectively carry out the provisions of this
130 Order, the DILG and the DTI shall coordinate with the Union of Local Authorities of the
131 Philippines, the League of Provinces of the Philippines, the League of Cities of the
132 Philippines, the League of Municipalities of the Philippines, and other relevant
133 government agencies and stakeholders.
134
135 RULE V
136 PROHIBITED ACTS
137
138 Section 1. Prohibitions. Any person other than the official sealer or his duly
139 authorized representative is prohibited to effect changes on the official tag, seal,
140 sticker, mark, stamp, brand or other characteristic sign, specifically:
141
142 a. Place or attach an official tag, seal, sticker, mark, stamp, brand or other
143 characteristic sign;
144 b. Imitate any seal, sticker, mark, stamp, brand, tag or other characteristic sign.
145 c. Alter in any way the certificate or receipt given by the official sealer or his duly
146 authorized representative;
147 d. Make or knowingly sell or use any false or counterfeit seal, sticker, brand,
148 stamp, tag, certificate or license or any dye for printing or making the same or
149 any characteristic sign;

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150 e. Alter the written or printed figures, letters or symbols on any official seal,
151 sticker, receipt, stamp, tag, certificate or license used or issued;
152 f. Use or reuse any restored, altered, expired, damaged stamp, tag certificate or
153 license;
154 g. Engage in the buying and selling of consumer products or of furnishing
155 services the value of which is estimated by weight or measure to possess, use
156 or maintain with intention to use any scale, balance, weight or measure that
157 has not been sealed or if previously sealed, the license therefor has expired
158 and has not been renewed in due time;
159 h. Fraudulently alter, tamper, vandalize or destroy any scale, balance, timbangan
160 ng bayan instrument, weight or measure after is it officially sealed;
161 i. Knowingly use any false scale, balance, weight or measure, whether sealed or
162 not;
163 j. Fraudulently give short weight or measure in the making of a scale;
164 k. Assumes to determine truly the weight or measure of any article bought or sold
165 by weight or measure, to fraudulently misrepresent the weight or measure
166 thereof; and
167 l. Procure the commission of any such offense abovementioned by another.
168
169 RULE VI
170 FINES AND PENALTIES
171
172 Section 1. Fines and Penalties.
173
174 a. Any person who shall violate Article V Section 1 paragraphs (a) to (g) and (l)
175 shall, upon conviction, be subject to a fine of not less than Fifty thousand pesos
176 (PhP 50,000.00) but not more than Three hundred thousand pesos (PhP
177 300,000.00) or by imprisonment of not less than one (1) year but not more than
178 five (5) years or both upon the discretion of the court.
179 b. The owner, possessor or user of instruments of weights and measures
180 enumerated in Article V Section 1 paragraphs (h) to (k), shall upon conviction,
181 be subject to a fine of not less than Fifty thousand pesos (PhP 50,000.00) but
182 not more than Three hundred thousand pesos (PhP 300,000.00) or by
183 imprisonment of not less than (1) year but not more than five (5) years or both
184 upon the discretion of the court; Provided, that two (2) successive violations of
185 Article 64 of RA7394, when applicable, shall automatically result in the
186 cancellation of the business permit of the erring individual or business
187 establishment.
188
189 RULE VII
190 COMPLAINTS HANDLING
191
192 Section 1. Any complaint on the violations of the provisions of the Act and this IRR
193 shall be filed with the provincial, city or municipal treasurer’s office of the concerned
194 province, city or municipality.
195
196 RULE VIII
197 FINAL PROVISIONS
198

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199 Section 1. Funding/Appropriations. The amount necessary to carry out the
200 provisions of RA 11706 and its IRR shall be charged against the national tax allotment
201 and other funds of the local government unit concerned.
202
203 Section 2. Separability Clause. In the event that any provision of this IRR is declared
204 unconstitutional or invalid, the validity of the other provisions shall not be affected by
205 such declaration.
206
207 Section 3. Repealing Clause. All laws, decrees, orders, rules and regulations that
208 are inconsistent with the provisions of this Act are hereby repealed or modified
209 accordingly.
210
211 Section 4. Effectivity. This IRR shall take effect fifteen (15) days after its publication
212 in a newspaper of general circulation or Official Gazette, and filing with the Office of
213 the National Administrative Register (ONAR) of the University of the Philippines Law
214 Center.
215
216 Issued this ____ day of _____________ 2022 in Makati City, Philippines.
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220 APPROVED:
221
222
223
224 ATTY. BENJAMIN C. ABALOS, JR.
225 Secretary
226 Department of the Interior and Local Government
227
228
229
230
231 ALFREDO E. PASCUAL
232 Secretary
233 Department of Trade and Industry
234

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