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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:
Any complaint of a consumer for violation of the Consumer Act, shall be filed within two (2) years from the time the consumer transaction was consummated, or the deceptive or unfair and unconscionable act or practice was committed, or in case of hidden defects, from the date of discovery thereof. After the said period, the filing thereof shall be barred.
Prescriptive Period, Defined.
“Prescriptive periods,” also known as “prescription periods,” denote the duration within which a legal action can be initiated or filed; beyond this timeframe, the right to pursue legal recourse is permanently barred.
Prescriptive Period for Consumer Complaints. The law says:
ARTICLE 169. Prescription. — All actions or claims accruing under the provisions of [The Consumer Act] and the rules and regulations issued pursuant thereto shall prescribe within two (2) years from the time the consumer transaction was consummated or the deceptive or unfair and unconscionable act or practice was committed and in case of hidden defects, from discovery thereof. (The Consumer Act of the Philippines or Republic Act No. 7394)
Reckoning Periods
The prescriptive period starts from the moment the consumer transaction is finalized. This includes the point at which goods or services are delivered, payment is made, and both parties agree to the terms of the transaction. If a consumer believes they have been subjected to deceptive, unfair, or unconscionable practices, the two-year period begins from the time the act was committed.
In the case of hidden defects, consumers have two years from the date of discovery to file a complaint. This provision acknowledges that some defects may not be immediately apparent and allows consumers the necessary time to identify and report them.
What legal precedent dictates regarding the prescriptive period in cases involving products under warranty:
A supplier is liable for product imperfections that it cannot resolve within the warranty period. Moreover, the two-year prescriptive period for actions arising from the Consumer Act only runs from the expiration of the warranty period agreed upon by the parties. (Mazda Quezon Avenue vs. Alexander Caruncho, G.R. No. 232688, April 26, 2021)
Read also: Consumer Complaints
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