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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The concerned department may commence an investigation upon petition or upon letter-complaint from any consumer.
Upon a finding by the DTI of prima facie violation of any provisions of the Consumer Act or any rule or regulation promulgated under its authority, it may motu proprio or upon verified complaint commerce formal administrative action against any person who appears responsible therefor.
The DTI shall establish procedures for systematically logging in, investigating and responding to consumer complaints into the development of consumer policies, rules and regulations, assuring as far as practicable simple and easy access on the part of the consumer to seek redress for his grievances. (Article 159, R.A. No. 7394)
Consumer complaints
Under the Consumer Act of the Philippines (Republic Act No. 7394), the Department of Trade and Industry (DTI) has the authority and the mandate to act upon complaints filed by consumers pursuant to the State policy of protecting the consumers against deceptive, unfair and unconscionable sales, acts or practices. (Emmanuel Moran, Jr. v. Office of the President, G.R. No. 192957, September 29, 2014)
The Department of Trade and Industry’s commitment to provide fair, timely and professional responses to consumer complaints is highlighted to improve the quality of communication and services that the DTI offers.
The law says:
“The concerned department may commerce an investigation upon petition or upon letter-complaint from any consumer: Provided, That, upon a finding by the department of prima facie violation of any provisions of this Act or any rule or regulation promulgated under its authority, it may motu proprio or upon verified complaint commerce formal administrative action against any person who appears responsible therefor. The department shall establish procedures for systematically logging in, investigating and responding to consumer complaints into the development of consumer policies, rules and regulations, assuring as far as practicable simple and easy access on the part of the consumer to seek redress for his grievances.” (Article 159, R.A. No. 7394)
Any person with a consumer complaint shall download the Complaint Form from the official website of the DTI, fill it out and prepare a complaint letter with the following details:
- Complete name, address, email and contact number of complainant and respondent;
- Narration of facts;
- Demand;
- Proof of transaction, scanned and attached to the complaint letter; and
- Any government-issued ID of the complainant.
Duly-accomplished Complaint Forms and complaint letters may be sent via email to consumercare@dti.gov.ph or in person to the office of the DTI Fair Trade Enforcement Bureau (DTI-FTEB).
Investigation of consumer complaints
The procedure for investigation of consumer complaints is as follows:
1) The consumer arbitration officer shall conduct hearings on any complaint received by him or referred by the Council.
2) Parties to the case shall be entitled to notice of the hearing, and shall be informed of the date, time and place of the same. A copy of the complaint shall be attached to the notice.
3) The department shall afford all interested parties the opportunity to submit a statement of facts, arguments, offers of settlements or proposals of adjustments.
4) The Consumer arbitration officer shall first and foremost ensure that the contending parties come to a settlement of the case.
5) In the event that a settlement has not been effected, the Mediation officer may now proceed to formally investigate, hear and decide the case.
6) The Consumer arbitration officer may summon witnesses, administer oaths and affirmations, issue subpoena and subpoena duces tecum, rule upon offers of proof and receive relevant evidence, take or cause deposition to be taken whenever the ends of justice would be served thereby, regulate the course of the hearing, rule on any procedural request or similar matter and decide the complaint. (Article 163, R.A. No. 7394)
The law says:
“In hearing the complaint, the mediation officer shall use every and all reasonable means to ascertain the facts in each complaint speedily and objectively without regard to strict rules of evidence prevailing in suits before courts. The complaints shall be decided within fifteen (15) days from the time the investigation was terminated.” (Article 163, R.A. No. 7394)
Matrix of Consumer Agencies and Areas of Concern
According to the DTI, Concerns on telecommunications, banking and finance, insurance, mutual funds, electricity, fishery products, livestock, agriculture, coconut- and sugar-based products, forest-based products, liquefied petroleum gas, and food in restaurants, eateries, or ambulant shops, may be coursed through its respective agencies listed in [Link].
Read also: Consumer Welfare (Proclamation No. 1098, series of 1997)
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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