SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First'Regular Session 
) 
) 
) 
SENATE 
Senate Bill No. 145 
Introduced by Senator Cynthia A. Villar 
EXPLANATORY NOTE 
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JUl -1 P2:46 
In pursuance with the fundamental law of the land that "the State shall protect the 
consumers from trade malpractices 
and from substandard or hazardous products" 
(Section 9, Article XVI, 1987 Constitution), and taking into consideration the evolving 
interests and needs of consumers in the modern age. the Executive Department has 
identified as priority the amendment of Republic Act 7394 otherwise known as 
"Consumer Act of the Philippines", 
The amendment includes but not limited to the following: (1) Consumer Bill of 
Rights, namely: basic needs, choose products, representation, redress, consumer 
, 
education, safety, healthy environment, and sanitation; (2) Consumer Respcsibilties, viz: 
critical awareness, action, social concern, environmental awareness, and solidarity; (3) 
English or' Filipino Translation of Product Labels written in Foreign Characters or 
Languages; (4) Permanent Ban on Suppliers engaged in the Importation of Defective 
Goods; (5) Expansion of Coverage on Advertising and Promotion; (6) Protection against 
aggressive marketing promotions; (7) Increased penalties for violation of the provisions 
of the act; (9) Longer period of prescription for claims relative to deceptive, unfair and 
unconscionable practice, 
The afore-mentioned provisions are intended to strengthen consumer protection 
and promote high standards in trade practices, 
Henceforth, the urgent passage of this legislation is sought 
o 
It ~_ '}j 
~~N':JII~. VIL~ 
',\/: 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
Senate Bill No. 115 
Introduced by Senator Cynthia A. Villar 
AN ACT 
i>rn,atl' 
l~f,; •• f I~. ~',",vI"r~ 
'13 JUl -1 
P2 :46 
GRANTING BROADER PROTECTION FOR CONSUMERS, 
REPEALING FOR THE PURPOSE REPUBLIC ACT 7394, OTHERWISE 
KNOWN AS "THE CONSUMER ACT OF THE PHILIPPINES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. - This Act shall be known as "The Revised Consumer Act of the 
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Philippines. " 
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Sec. 2. Declaration of Policy. - It is the policy of the State to protect the interests of the 
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consumer, promote the general welfare and to establish standards of conduct for business and 
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industry. The State recognizes that consumers often face imbalances in economic status, 
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educational levels and bargaining power. It further recognizes that consumers should have the 
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right of access to non-hazardous products, as well as the right to promote just, equitable and 
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sustainable economic and social development and environmental protection. Towards this end, 
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the State shall implcment measures to attain the following objectives: 
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(a) To achieve and maintain adequate protection for the population as consumers; 
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(b) To enhance production and distribution patterns responsive to the needs and desires of 
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consumers; 
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(c) To encourage high levels of ethical conduct for those engaged in the production and 
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distribution of goods and services to consumers; 
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(d) To curb abusive business practices by all enterprises which adversely affect 
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consumers; 
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(e) To facilitate the development of independent consumer groups; 
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(t) To foster international cooperation in the field of consumer protection; 
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(g) To encourage the development of market conditions which provide consumers with 
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bettcr quality goods and services, and greater choices at reasonable prices; and 
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(h) To promote sustainable consumption. 
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Sec. 3. C01~struction in Favor of tlte Best Interest of the Consumer. - All doubts in the 
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implementation and interpretation of the provisions of this Act, including its implementing rules 
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and regulations, shall be resolved in favor of the best interest of the consumer. 
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Sec. 4. Guiding Principles - To further enhance and strengthen consumer protection, the State 
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shall be guided by the following principles: 
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(I) Consumer protection, especially of the poor should be provided by the State. The 
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State shall provide and maintain adequate infrastructure to develop, implement and 
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monitor consumer protection policies. Special care should be taken to ensure that 
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measures for consumer protection are implemented for the benefit of all sectors of the 
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population, particularly the rural popUlation and people living in poverty. 
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(2) The State should be consulted in the development of consumer protection policies 
(3) The protection of consumer rights must be consistent with international trade 
obligation and care must be taken that they do not become barriers to international 
trade 
(4) As the arbiter of the public good, the State shall develop, strengthen or maintain, as 
the case may be, measures which shall control restrictive and other abusive business 
practices that may be harmful to consumers, and those that shall enhance its 
capability to such measures. 
(5) Goods should meet reasonable standards of durability, utility and reliability, and 
should be suited to the purpose for which they are intended. For this purpose, the 
seller should see that these requirements are met. Similar policies should apply to the 
provision of services. 
(6) The fairness of contracts shaH be a basic tenet that shall be observed by all. 1be State 
shaH protect consumers from such contractual abuses as one-sided contracts, 
exclusion of essential rights in contracts and unconscionable conditions of credit by 
sellers. 
(7) Manufacturers, distributors or retailers shall ensure the availability of adequate and 
reliable after-sales service and spare parts. 
(8) Promotional marketing and sales practices shall be guided by the principle of fair 
treatment .of consumers and shall meet legal requirements. Therefore, the necessary, 
accurate information shall be made available to enable consumers to make 
independent and informed decisions. 
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(9) Protective truth in advertising shall be observed and enforcyd at all times. Pursuant 
tbereto, the State shall take measures regarding misleading claims or information in 
advertising and other marketing activities. The development of appropriate 
advertising codes and standards for the regulation and verification of environmental 
claims should be encouraged. 
(10) 
The State shall encourage the formulation and implementation by business, in 
cooperation with consumer organizations, of codes of marketing and other business 
practices to ensure adequate consumer protection. Voluntary agreements may also be 
established jointly by business, consumer organizations and other interested parties. 
These codes shall receive adequate publicity. 
(11) 
The State shall formulate and promote the elaboration and implementation of 
voluntary or other standards for safety and quality of goods and services at the 
national and international levels, and give them appropriate publicity. National 
standards and regulations for product safety and quality shall be reviewed from time 
to time in order to ensure that they conform, where possible, to generally accepted 
international standards. 
(12) 
The State shall encourage and ensure the availability of facilities to test and 
certify the safety, quality and performance of essential oonsumer goods and services. 
(13) 
The State shall promote and encourage development and implementation of 
consumer protection, education and information programs such as, but not limited to, 
redress mechanism, dispute resolution and inclusion of basic consumer information 
on products and services, impact studies on environment, consumer choices and 
behavior in the educational curricula, with support from consumer organizations, 
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- - . - - - -
business, and other interests groups. 
(14) The State shall endeavor to establish and publicly disseminate policies which 
may 
seek to enable consumers to obtain optimwn benefit from their economic resources. 
Toward this end, the concerned government agencies shall be guided by the following 
in their eonsumer protection and empowerment programs: 
(a) 
the goals of satisfactory production and performance standards; 
(b) 
adequate distribution methods: 
( c) 
fair business practices; 
(d) 
informative marketing and effective protection against practices which could 
adversely affect the economic interests of consumers and the exercise of choice in 
the market place. 
Sec. 5. Defil~itiol1 ofTerms.- For purposes of this Act, the following term's are hereby defined: 
(I) Advertisement means a form of communication or any paid announcement or public notice 
about consumer products or goods (including a property for sale), services or credit, 
especially in print (such as newspapers, magazines and f1yers) by broadcast (radio or 
television), through out-of-home media (neon/lighted signs, billboards and projection 
systems) and using any other media intended to persuade an audience or the public at large 
to purchase or take some actions; 
(2) Advertising means the business of conceptualizing, presenting or making available to the 
public, through any form of mass media or otherwise, fact, data or information about the 
attributes, features, quality or availability of consumer products, services or credit; 
(3) Advertising agency or Agent means a service organization or enterprise creating, conducting, 
producing, implementing or giving counsel on promotional campaigns or programs through 
any medium for and in behalf of any advertiser; 
(4) Advertiser means the client of the advertising agency or the sponsor of the advertisement on 
whose account the advertising is conceptualized, prepared, presented or disseminated; 
(5) Agricultural purpose means a purpose related to the production, harvest, processing, 
manufacture, distribution, storage, transportation, marketing, exhibition or disposition of 
agricultural, fishery or marine products; 
(6) Amount financed means the cash price plus non-finance charges in a consumer credit sale less 
the amount of any down payment whether made in cash or in property traded in, or in a 
consumer loan the amount paid to, receivable by or paid or payable to the buyer or to 
another person in his behalf; 
(7) Banned hazardous substance means household/urban hazardous substance or other hazardous 
substance which the implementing agency by regulation or advisory, classifies as "banned 
hazardous substance" notwithstanding the existence of cautionary labels, to safeguard 
public health and safety: Provided, That the implementing agency may, by regulation, 
exempt from this Act articles which by reason of their functional pnrpose require the 
inclusion of the hazardous substance involved and which bcar appropriate labels giving 
adequate directions and warnings for their safe use. 
Procedures for the issuance, amendment or repeal of regulations pursuant to this Section 
shall be governed by the rules and regulations to be promulgated by the Department of 
Health!(DOH): Provided. That if the DOH finds that the distribution for household use of 
the hazardous substance involved presents imminent hazard to public health, it may publish 
in a newspaper of general circulation a notice of such finding and such substance shall be 
deemed as "banned hazardous substance" pending the issuance of regulation formally 
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banning such substance. 
(8) Basic Necessities mean goods vital to the needs of consumers for their sustenance and 
existence in times of any of the cases provided under Section 6 and 7 of Republic Act 
7581, otherwise known as 'The Price Act", such as but not limited to rice, corn, root crops, 
bread; fresh, dried or canned fish and other marine products; fresh pork, beef and poultry 
meat; fresh eggs; potable water in bottles and containers; fresh and processed milk; fresh 
vegetable and fruits; noodles; coffee; sugar; cooking oil; salt; laundry soap and detergents; 
firewood; charcoal; household liquefied petroleum gas (LPG) and kerosene; candles; drugs 
classified as essential by the Department of Health and such other goods as may be 
included under Section 4 ofRA 7581; 
(9) Batch means a quantity of any product or goods produced during a given cycle of 
manufacturing-or processing; 
(10) Business name, firm name, or style means any name or designation other than the true 
name of a person, partnership, corporation or association which is used in connection with 
ones' business or in any written or printed receipt, including receipt for tax or business; any 
written or printed contract not verified by a notary public; any written or printed evidence 
of any agreement or business transaction; and in announcing a firm name or business name 
or style; 
(11) Cash price or delivered price means, in the case of trade transaction, the amount of money 
which would constitute full payment upon receipt, delivery of the property (except money) 
or service purchased at the creditor's place of business. In the case of financial transactions, 
cash price represents the amount received by the debtor from the creditor upon 
consummation of the credit transaction, net of finance charges collected at the time the 
credit is extended, if any; 
(12) Chain distribution plans or pyramid sales schemes mean sales mechanisms whereby a 
person, upon condition that he makes an investment, is granted by the manufacturer or 
one's representative a right to recruit for profit one or more additional persons who will 
also be granted such right to recruit upon condition of making similar investments: 
Provided, That the profits of the person employing such a plan are derived directly from 
the recruitment of other persons into the plan rather than from the sale of consumer 
products, services and credit: Provided further, That the limitation on the number of 
participants does not change the nature ofthe plan; 
! 
(13) Closing out sale means a sales activity which a seller announces the willingness to give 
large discounts on merchandise in order to reduce, dispose or close out his inventory and 
business; 
(14) Commerce means the sale, lease, exchange, traffic or distribution of goods, commodities, 
productions, services or properties, tangible or intangible; 
(15) Consumer means a natural person who is a purchaser, lessee, recipient or prospective 
purchaser, lessee or recipient of consumer products, services, credit, technology, 
advertising or promotion, and other items in commerce; 
(16) Consumer credit means any credit extended by a creditor to a consumer for the sale or 
lease of any consumer product or service under which part or all of the prices or payments 
therefore are payable at some future time, whether in full or in installments; 
(17) Consumer loan means a sum of money tendered by the lender to a person which is 
payable in installments for which a finance charge mayor may not be imposed, including 
credit transactions pursuant to an open-end-credit plan other than a seller credit card; 
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(18) Consumer products and services mean goods, services and credits, debts or obligations, 
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which are primarily for personal, family, household or agricultural purposes; 
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(19) Consumer product safety rule means a consumer product safety standard described in 
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Section 15 or a rule under this Act declaring a consumer product as banned hazardous 
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product; 
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(20) Consumer transaction" means: (1) (i) a sale, lease, assignment, award by chance, or 
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other disposition of consumer products, including chattels that are intended to be affixed to 
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land, or of services, or of any right, title, or interest therein, except securities as defined in 
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the Securities Act and contracts of insurance under the Insurance Code; or (ii) a grant of 
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provision of credit to a consumer for purposes that are primarily personal, family, 
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household or agricultural; or (2) a solicitation or promotion by a supplier with respect to a 
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transaction referred to in clause (l) herein; 
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(21) Cosmetics means any substance intended to be placed in contact with the various 
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external parts of the hwnan body or of animals or with the teeth and the mucous 
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membranes of the oral cavity, with a view exclusively or mainly to clean them, perfume 
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them, qnhance or change their appearance or correcting body odor, and! or protecting the 
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body or keeping them in good condition; 
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(22) Counterfeit product means any consumer product or preparation having a container, label 
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or any likeness thereof, without authorization from the lawful manufacturer, processor, 
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packer, distributor, and retailer; 
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(23) Country of origin means either the country where the good has been wholly obtained or, 
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when more than one country is concerned in the production of the good, the country where 
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the last substantial transformation has been carried out; 
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(24) Credit card means any card, plate, coupon book or other device bearing an account 
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number existing for the purpose of being used from time to time upon presentation to 
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obtain money, property, labor or services on credit; 
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(25) Credit sale means the sale of a product, service or an interest in land on credit where a 
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debt is payable in installments or a finance charge is imposed with an agreement in the 
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form of a bailment of products or lease of products or real property if the bailee or lessee 
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pays or agrees to pay compensation in a sum substantially equivalent to or in excess of the 
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aggregate value of the products or real property involved and the bailee or lessee for no 
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other or a nominal consideration' has the option to become the owner of the products or 
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real property upon full compliance with the terms ofthe agreement; 
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(26) Credit transaction means a transaction between the natural person and a creditor in 
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which real or personal property, services or money acquired on credit and the person's 
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obligation is payable in installment; 
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(27) Creditor means any person, natural or juridical, engaged in the business of extending 
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credit and shall include any perSOll, natural or juridical, who as a regular business practice 
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makes loans or sells or rents propeliy or services on a time, credit or installment basis, 
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either as principal or as agent who requires as an incident to the extension of credit, the 
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payment of a finance charge; 
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(28) Default or delinquency charge means, with respect to a consumer credit transaction, the 
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penalty charge payable by the consumer-debtor for failure to pay an amount or installment 
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in full 011 the date the same becomes due and demandable, on or before the period specified 
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for the purpose in the consumer credit sale documents; 
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(29) Device means medical devices, radiation devices and health-related devices. 
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(1) Medical device means any instrument, apparatus, implement, machine, appliance, 
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implant, in-vitro diagnostic reagent or calibrator, software, material, or other similar or 
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rel,ated article intended by the manufacturer to be used alone; or in combination, for 
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hUlnan beings for one or more of the specific purpose of: diagnosis, prevention, 
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monitoring, treatmen( or alleviation of disease; diagnosis, monitoring, treatment, 
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alleviation of, or compensation for an injury; investigation, replacement, modification, 
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or support of the anatomy or of a physiological process; supporting or sustaining life; 
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preventing infection; control of conception; disinfection of medical devices; and 
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providing information for medical or diagnostic purposes by means of in-vitro 
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examination of specimens derived trom the human body, This device does not achieve 
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its primary intended action in or on the human body by pharmacological, 
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immunological, or metabolic means but which may be assisted in its intended function 
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by such means; 
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(2) Radiation device means an electrical or electronic apparatus emitting any ionizing or 
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non-ionizing electromagnetic or particulate radiation; or any sonic; infrasonic, or 
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ultrasonic wave, It includes ionizing radiation emitting equipment which is not 
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intentionally designed to produce radioactive materials; 
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(3) Health-related device means any device not used in health care but has been determined 
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by the Food and Drug Administration (FDA) to affect the health of the people; 
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(30) Distributor means any person or business entity who delivers, sells and distributes the 
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product or products of a manufacturcr, importer, repacker to another person or entity; 
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(31) Drugs mean: (1) articles recognized in official pharmacopeias and formularies, including 
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official homeopathic pharmacopeias, or any documentary supplement to any of them, 
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which are recognized and. adopted by the FDA; (2) articles intended for use in the 
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diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; (3) 
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articles (other than food) intended to affect the structure of any function of the body of 
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humans or animals; or (4)articles intended for use as a component of any articles specified 
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in clauses (1), (2), or (3) but do not include devices or their components, parts or 
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accessories; 
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The term "drug" when used in this Act shall include herbal or traditional drug, They are 
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articles from indigenous plant or animal origin used in folk medicine which are: (1) 
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recognized in the Philippine National Formulm'y; (2) intended for use in the treatment or 
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cure, mitigation, of disease symptoms, injury or bodily defect for use in man; (3) other than 
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food, intended to affect the structure of any function of the body ,of man; (4) put into 
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finishe~, ready to use form by means of formulation, dosage or dosage directions; and (5) 
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intended for use as a component of any of the articles specified in clauses (1), (2), (3) and 
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(4) ofthis paragraph; 
, 
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(32) Expiry or expiration date means the date stated on the label of food, drug, cosmetic, 
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device or hazardous substance after which they are not expected to retain their claimed 
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safety, efficacy and quality or potency and after which it is no longer permissible to sell 
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them; 
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(33) Extremely flammable means any substance which has a flash point at or below negative 
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six and six-tenths degrees centigrade as determined by the Tagliabue Open Cub Tester; and 
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tcrm "combustible" shall apply to any substance which has a flash point of above twenty-
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six and six-tenths degrees to sixty-five and five-tenths degrees centigrade as determined by 
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the Tagliabue Open Cub Tester: Provided, That the flammability or combustibility of solids 
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and of the contents of self~pressurized containers shall be determined through methods 
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found by the implementing agency to be generally applicable to such materials or 
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containers, respectively, and established by regulations issued by it; 
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(34) Fast~food restaurant or Quick service restaurant means any restaurant offering food 
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usually prepared and served quickly: 
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(35) Food means any substance, whether processed, semi-processed or raw, intended for 
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human consumption and includes chewing gum, drinks and beverages and any substance 
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which has been used as an ingredient or a component in the manufacture, preparation or 
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treatment of food. The term also means any material, usually of plant or animal origin, 
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containing or consisting of essential nutrients that must be taken in or assimilated by a 
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person as nourishment to maintain life and growth. 
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It also includes those being processed, distributed and offered either in disposable or non-
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disposable packages or containers; 
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(36) Food additive means any substance, the intended use of which results or may reasonably 
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be expected to result, directly or indirectly, in its becoming a component of or otherwise 
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affecting the characteristics of any food (including any substance intended for use in 
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producing, 
manufacturing, 
packing, 
processing, 
preparing, 
treating, 
packaging, 
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transporting, storing or preserving food), if such substance is generally recognized as safe 
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among experts qualified as having been adequately shown through scientific studies; 
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(37) Food establishment means a sole proprietorship, a partnership, a corporation, an 
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institution, an association, or an organization engaged in the manufacture, importation, 
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expOliation, sale, otler for sale, distribution, donation transfer, use testing, promotion, 
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adverti~ing, or sponsorship of food products, including the facilities and installation needed 
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for its activities. It includes, among others, restaurants, food courts, food carts, food stalls, 
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and ollier similar food services where meals can be bought and consumed; 
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(38) Generic name means the identification of drugs and medicines by their scientifically and 
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internationally recognized active ingredients or by their official generic name as 
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determined by the FDA; 
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(39) Government body means any executive agency, such as the Department of Agriculture 
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(DA), Department of Health (DOH), Bangko Sentral ng Pilipinas (BSP) and Department of 
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Trade and Industry (DTI); Congress, the judiciary or the constitutional bodies of the 
36 
Government of the Republic of the Philippines, including local government units, the 
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Armed Forces of the Philippines (AFP) and the Philippine National Police 
(PNP), 
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government financial institutions and government-owned and controlled corporations, 
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whether created by its own charter or by registration with the Securities and Exchange 
40 
Commission (SEC), and all such other entities where the government has substantial 
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interest in; 
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(40) Goods means any manufactured or processed article of whatever nature or kind and any 
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base or raw materials in lmprocessed form; 
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(41) Guarantee means an expressed or implied assurance of the real quality, cost, price, 
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promotion of the consumer products and services offered for sale or length of satisfactory 
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use, result, outcome, effects, promotional promise, detailed ingredients, itemized costs or 
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other similar matters to be expected from such consumer products or services based on 
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applicable and actual documents in accordance with law, morals, good faith and public 
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policy; 
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(42) 
Household hazardous substance or Urban hazardous substance means: 
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(1) (i) any substance 01' mixture of substances which is toxic, corrosive, irritant, a strong 
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sensitizer, flammable or combustible, or generates pressure through decomposition, heat or 
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other means; if such substance 01' mixture of substances may cause strong allergic reactions, 
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burning sensations. substantial injury, illness during or as a proximate result of any 
2 
customary or reasonably foreseeable ingestion by children, but shall not include agricultural 
3 
fmtilizers, agricultural pesticides, and agricultural insecticides and other economic poisons, 
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radioactive substances, or substances intended for use as fuels, coolants, refrigerants and the 
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like; (ii) any substance which the DOH finds to be under the categories enumerated in clause 
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(1) (i) of this paragraph; (iii) any radioactive substance, if, with respect to such substance as 
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used in a particular class of article or as packaged, and which the DOl-I, upon its approval, 
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determines by regulation that the substance is sufficiently hazardous to require labeling in 
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accordance with this Section in order to protect public health; 
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II 
(2) any toy or other articles intended for use by children which the FDA may, by regulation, 
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inspect to determine the presence of an electrical, mechanical or thermal hazard. For this 
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purpose "Toys and other articles intended for use by children" shall refer to those toys and 
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articles specified to be for children less than fourteen (14) years of age; 
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Provided, that the term 'Household hazardous substance or Urban hazardous substance' 
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shall not apply to food, drugs, cosmetics, and devices nor to substances intended for use as 
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fuels when stored in containers and used in the heating, cooking or refrigeration system of a 
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house. 
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(3) any article which is not in itself an agricultural pesticide but which is a hazal'dous 
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substance, as construed in clause (I) of paragraph (i), by reason of bearing or containing such 
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harmful substances described therein; 
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(43) Health products means food, drugs, cosmetics, devices, biologicals, vaccines, in-vitro 
26 
diagnostic reagents and household--or urban hazardous substances or a combination of 
'27 
and/or a derivative thereof. It also 
refers to products that may have an effect on human 
28 
health, which require regulations as determined by the FDA; 
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(44) Highly toxic means any substance which has any of the following effects: (J) produces 
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death within fOluieen days to one-half or more than one-half of a group of ten or more 
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laboratory white rats each weighing between two hundred (200) and three hundred (300) 
33 
grams, at a single dose of fifty (50) milligrams or less per kilogram of body weight, when 
34 
orally administered; or (2) produces death within fourteen (14) days to one-half or more of 
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a group often (10) or more laboratory white rats each weighing between two hundred (200) 
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and three hundred (300) grams, when inhaled continuously for a period of one hour (1) or 
37 
less at an atmospheric concentration of two hundred (200) parts per million by volume or 
38 
less of gas or vapor or two (2) milligrams per liter by volume or less of 'mist or dust, 
39 
provided such concentration is likely to be encountered by man when the substance is used 
40 
in any reasonably foreseeable manner, or (3) produces death within fourteen days to one-
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half or more of a group of ten (10) or more rabbits, when tested in a dosage of two hundred 
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(200) milligrams or less per kilogram of body weight, or when administered through 
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continuous contact with the bare skin for twenty-four (24) hours or less; 
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(45) Home soliCitation sale means consumer sales or leases.which are personally solicited by 
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any person or organization by telephone, person-to-person contact or by written or printed 
47 
communication other than general advertising or consummated at the buyer's residence or a 
48 
place of business, at the seller's transient quarters, or away from a seller's regular place of 
b . 
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usmcss; 
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(46) Ionizing radiation means energy released by a radioactive substance or by a device which 
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is capable of removing an electron from an originally electrically neutral atom or molecule; 
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(47) Immediate container or primary packaging means the container, wrapper or package 
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which immediately carries. covers, protects and comes in direct contact with the product or 
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substance, including the materials that come in direct contact with the product; 
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(48) Imminently hazardous product means a consumer product which presents an unreasonable 
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risk of death, serious illness or severe personal injury; 
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(49) In-vitro diagnostic reagent -- means a reagent and system intended for use in the diagnosis 
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of disease or other conditions, including a determination of the state of health in order to 
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cure, mitigate, treat or prevent disease or its sequcl; 
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(50) Irritant means any substance not corrosive within the meaning of paragraph (u) of this 
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Section which, on immediate, prolonged or repeated contact with normal living tissue will 
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induce a local inflammatory reaction: 
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(51) Label or labeling means the display of written, printed or graphic matter on any consumer 
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product, its immediate container, tag, literature or other suitable material affixed thereto for 
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the purpose of giving information as to identify, components, ingredients, attributes, 
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directions for use, specifications and such other information as may be required by law or 
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regulations; 
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(52) Manufacture means any and all operations involved in the production, including 
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preparation, propagation, processing, fOlIDulating, filing, packing, repacking, altering, 
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ornamenting, finishing or otherwise changing the container, wrapper or labeling of a 
22 
consumer product in the furtherance of the distribution of the same from the original place 
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of manufacture to the person who makes the final delivery or sale to the ultimate consumer; 
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(53) Manufacturer means any person who manufactures, assembles or processes consumer 
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products, except that if the goods are manufactured, assembled or processed for another 
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person who attaches his own brand name to the consumer products, the latter shall be 
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deemed the manufacturer. In case of imported products, the mrulUfacturer's representatives 
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or, in his absence, the importer, shall be deemed the manufacturer; 
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(54) Mass Imedia refers to any means or methods used to convey promotional and advertising 
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messages to the public, such as but not limited to print (e.g:, newspapers, tabloids, 
33 
magazines, posters, hand bills, leaflets, mails, etc.), television (including cinema), radio, 
34 
outdoor media (e.g., billboards, digital media), and new media (e.g., internet, mobile 
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phones, and similar electronic devices); 
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(55) Materially defective product means a product which fails to offer the safety rightfully 
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expected of it, taking relevant circumstances into consideration, including but not limited 
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to: (a) presentation of product; (b) use and hazards reasonably expected of it; and (c) the 
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time it was put into circulation; 
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(56) Mislabeled household hazardous substance or mislabeled urban hazardous substance or 
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other mislabeled hazardous substances means any household hazardous substance or urban 
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hazardous substance the packaging or labeling of which is in violation of the special 
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packaging regulation issued by the concerned department or government body under this 
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Act or if such substance fails to bear a label which: (1) states conspicuously: (i) the name 
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and the exact address of the manufacturer, packer, distributor, or seller; (ii) the common or 
48 
usual name of the hazardous substance or of each component which contributes 
49 
substantially to the harmfulness of the substance, unless the concerned department, by 
50 
regulation permits or requires the use of the recognized generic name; (iii) the signal word 
51 
"danger" on substances which are extremely flammable, corrosive, or highly toxic; (iv) the 
52 
signal word "warning" or "caution" on all other hazardous substances; (v) a frank 
53 
statement of the principal hazard or hazards involved, as 'Jlammable", "vapor harmful", 
54 
"causes burns", "absorbed through skin", or similar wording describing the action to be 
55 
followed or avoided, except when modified by regulation by the Department pursuant to; 
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(vi) instrnctions, when necessary or appropriate, [or first aid treatment; (vii) the word 
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"poison" for any hazardous substance which is defined as highly toxic; (viii) instructions 
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for handling and storage of packages which require special care in handling or storage; and 
(ix) the statement "keep out of the reach oj children ", or its practical equivalent, if the 
article is intended for use by children and is not a banned hazardous substance, with 
adequate directions for the protection of children from the hazard involved. The 
aforementioned signal words, affirmative statements, description of precautionary 
measures, necessary instructions or other words or statements may be in the English 
language or its equivalent in Filipino; and (2) on which any statement required under clause 
(1) of this paragraph are located prominently on the label and in contrast by typography 
layout, to other printed matters thereon; 
(57) New Drugs mean (I) any drug the composition of which is such that said drug is not 
generally recognized among experts qualified by scientific training and experience to 
evaluate the safety, efIicacy and quality of drugs as safe, efficacious and of good quality for 
use under the conditions prescribed, recommended, or suggested in the labeling thereof; or 
(2) anYl drug the composition of which is such that said drug, as' a result o[ its previous 
investigations to determine its safety, efficacy and good quality [or use under certain 
conditions, has become so recognized but which has not, otherwise than in such 
investigations, been used to a material extent or [or a material time under new conditions; 
"New Drugs" shall include drugs (a) containing a newly discovered active ingredient; (b) 
containing a neW. fixed combination of drugs, either by molecular or physical combination; 
(c) intended for new indications; (d) an additional new mode of administration; or ( e) in an 
additional dosage or strength of the dosage form, which meets the conditions as defined 
under the new drug. 
The definition of "new drugs" covers to the extent applicable, new devices. 
(58) New product means a newly-registered consumer product which incorporates a design, 
material or form of energy exchange which has not previously been used substantially in 
consumer products and where there exists a lack of adequate information to determine the 
quality and safety of such product if used by the consumers; 
(59) Open-end credit plan means a consumer credit extended on an account pursuant to a plan 
under the following circumstances: 
(1) the creditor may permit the person to make purchases or obtain loans, from time to time, 
directly [rom the creditor or indirectly with the use of credit card, check or other devices; 
(2) a person has the privilege of pre-paying or advancing the balance; or 
(3) a finance charge may be computed by the creditor from time to time on an outstanding 
unpaid balance; 
(60) Package or packaging means any container or wrapping in which any consumer product 
is enclosed for use in the delivery or display of that conswner product to retail purchasers, 
but which does not include: 
(1) shipping containers or wrappings used solely for the transportation of any consumer 
product in bulk or in big quantities by manufacturers, packers, or processors to wholesale 
retail distributors thereof; 
(2) shipping containers or outer wrappings used by retailers to ship or deliver any product to 
retail costumers if such containers and wrappings bear no printed matter pertaining any 
particular product; 
(3) the wrkppers or containers of consumer products sold in small quantities by small retail 
stores i to the consumer which by tradition are wrapped' with ordinary paper; 
(61) Person means any individual, pattnership, corporation or association, trust, government or 
governmental subdivision or any other legal entity; 
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(62) Pharmacovigilance means the science and activities relating to the detection, assessment, 
understanding, and prevention of adverse effects or any other possible drug-related 
problems; 
(63) Poisonous substance means any substance capable of destroying life or seriously 
endangering health when applied externally or introduced internally even in moderate 
doses; 
(64) Preservation means a method or process of prolonging the shelf life of products using 
such means including, but not limited, to adding chemicals or additives, exposing to 
ionizing radiation, and undergoing freezing, heating or canning; 
(65) Price comparison means the direct comparison in any advertisement of a seller's 
current price for consumer products or services with any other price or statement of value 
for such property or services expressed in pesos, centavos, fractions or percentages; 
(66) Price tag means any device, written, printed, affixed or attached to a consumer product or 
displayed in a consumer repair or service establishment for the purpose of indicating the 
retail price per Llllit or service; 
(67) Prime commodities mean commodities that are goods not considered as basic necessities 
but are essential to consumers in times of any of the cases provided under Section 7 of RA 
7581, such as, but not limited to, flour; dried, processed or canned pork, beef and poultry 
meat; dairy products not falling under basic necessities; onions, garlic, vinegar, patis, soy 
sauce; ferlilizer, pesticides and herbicides; poultry, livestock and fishery feeds and 
velerinary products; paper; school supplics; nipa; shingles; sawaJi; cement; clinker; GI 
sheets; hollow blocks; plywood; plyboard; construction nails; batteries; electrical supplies; 
light bulbs; steel wire; all drugs nol classified as essential drugs by the DOH and such other 
goods as may be included under Section 4 ofRA 7581; 
(68) "Principal display panel" means that part of the label that is most likely to be displayed, 
presented, shown or examined under normal and customary conditions of display for retail 
or sale; 
(69) "Privtlte labeler" means an owner of a brand or trademark on the label of consumer 
product other than a manufacturer of the product; 
[ 
A consumer product bears a private label if: (I) the product or its container is labeled with a 
brand or trademark of a person other than its manufacturer; or (2) the brand or trademark of 
the manufacturer of such product does not appear on such label. 
(70) "Radioactive substance n means any solid, liquid, or gas with unstable nuclei which during 
the process of decay cmits ionizing radiation; 
(71) "Referral selling" means the sales device employed by the sellers wherein the buyer is 
induced to acquire goods or services by presenting that after the acquisition of the goods or 
services, where a rebate, commission or other benefits will be received in return for the 
submission of names of potential customers or otherwise helping the seller enter into other 
sales, if the receipt of such benefit is contingent on an event occurring after the sale is 
made; 
(72) Repair and service firm means any business establishment, engaged directly or indirectly, 
111 
the 
repair, 
service 
or 
maintenance 
of 
any 
consumer 
product; 
(73) Requesting person means a natural person, whether on his own or as a representative of 
another natural person or a juridical person, who makes a request to obtain, have a copy of 
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or have access to information from any government body as defined in this Section; 
2 
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(74) Retailer means a person engaged in the business of selling consumer products directly to 
4 
consumers; 
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(75) Sale or distribution means an act made by a manufacturer or seller, or their respective 
7 
representative or aget, to make available consumer products, services or credit to the end 
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consumers under a consumer sale transaction, It shall not include sampling or any 
9 
distribution not for sale; 
10 
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(76) Sales promotion means techniques intended for broad consumer participation which 
12 
contain promises of gain such as prizes, in cash or in kind, or an opportunity to win any 
13 
prizes or ij'ee services, or gift, or any similar schemes, as reward for transacting for, 
14 
receiving, or purchasing of a prodnct, security, service or winning in contests, games, 
IS 
tournaments and other similar competitions or challenges which involve determination of 
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winner or winners and which utilize mass media or other widespread media of information 
17 
such as information and communications technology, It also means techniques intended to 
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increase the sales, patronage, or goodwill of transaction for purchasing or receiving of 
19 
consulller products and services; 
20 
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(77) Sellerlmeans a person engaged in the business of selling consum~r products and services 
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directly to consumers such as, but not limited to, restaurants and fastfood establishments, It 
23 
shall include a supplier or distributor or 'my other similar arrangements if: (1) the seller is a 
24 
subsidiary or affiliate of the supplier or distributor; (2) the seller interchanges personnel or 
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maintains common or overlapping officers or directors with the supplier or distributor; or 
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(3) the supplier or distributor provides or exercises supervision, direction or control over 
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the selling practices ofthe seller; 
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(78) Service or Services mean services rendered, offered, promised, promoted, advertised, 
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transacted, received, or made a price or reward or any other similar arrangements in 
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connection with construction, maintenance, repair, processing, treatment or cleaning of 
32 
goods or of fixtures on land, distribution or transportation of goods, or any other practices 
33 
in commerce, trade, industry, business ventures, skills, vocation or career; 
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(79) Safety packaging means packaging that is designed or constructed to be significantly 
36 
difficult for children five(S) years of age and below to open or to obtain a toxic or harmful 
37 
amount of the substance contained therein within a reasonable time and not difficult for 
38 
normal adults to use properly; 
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(80) Standard means a set of conditions to be fulfilled to ensure the quality, efficacy andlor 
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safety of product and services; 
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(81) Strong sensitizer means any substance which will cause on normal living tissue, an allergy 
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01' photodynamic quality of hypersensitivity which becomes evident on reapplication onhe 
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same substance, to be classified as such by the implementing agency, Before classifying 
46 
any substance as a strong sensitizer, the implementing agency, upon consideration of the 
47 
frequency of occurrence and severity of the reaction, should find out whether the substance 
48 
has a significant capacity to cause hypersensitivity; 
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(82) Substandard product means a product which fails to comply with the standards 
51 
prescribed under existing regulations or as set forth by the concerned industry; 
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(83) Supplier means a person, other than a consumer, who in the course of his business, 
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solicits, ofTers, advertises, or promotes the disposition or supply of a consumer product or 
55 
who other than the consumer, engages in, enforces, or otherwise participates in a consumer 
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transaction, whether or not a contract actually exists between that person and the consumer, 
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and includes the successor to, or assignee of, any right or obligation ofthe supplier; 
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(84) Technical personnel o[repair and service enterprise means a machinist, technician, or any 
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technically skilled or qualified person who works or renders diagnosis or advice in 
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connecVon with repair, service and maintenance of the consumer products in a repair and 
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service 'finn; 
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(85) Toxic substance means any substance other than a radioactive substance which can cause 
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injury, illness or death to human beings through ingestion, inhalation or absorption through 
9 
anybody surface or cavity; 
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(86) T)'ade name or trademark means a word or words, name, title, symbol, emblem, sign or 
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device or any combination thereof used as an advertisement, sign, label, poster or otherwise 
13 
for the purpose of enabling the public to distinguish the business of the person who owns 
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and uses said trade name or trademark; 
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(87) 7)'ade secret means any information, including a formula, pattern, compilation, program, 
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device, product, method, technique or process, that is used, or may be used, in business or 
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for any commercial advantage from where a business entity derives independent economic 
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value, actual or potential, from not being generally known to the public or to persons who 
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can obtain economic value from its disclosure or use. 
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Sec. 6. The Basic Consumer Rights - The government, in maintaining and strengthening the 
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promotion of the interest and welfare of the consumers in their relation to businesses and 
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industry practice, as well as to thc production and distribution of consumer products, shall adopt 
25 
measures and formulate polices taking into account the following basic consumer rights: 
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(i) Right to Basic Needs -The consumer shall be entitled to affordable and safe food, 
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clothing, shelter, health care, education and sanitation. In fulfilling this right, the 
29 
government shall ensure that basic and prime commodities shall be made accessible, 
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available, affordable and of safe quality, to the consumers. 
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(2) Right to Choose - The consumer shall be entitled to choose products at competitive 
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prices with an assurance of safe and satisfactory quality. 
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(3) Right to Representation -The consumer shall be entitled to express consumer interests 
36 
in the formulation and execution of government policies. 
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(4) Right to Redress -The consumer shall be entitled to compensation for 
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misrepresentation, substandard or defective goods or unsatisfactory services. 
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(5) Right to Consumer Education -The consumer shall be entitled to acquire the 
42 
knowledge and skills necessary to be an informed consumer. To fulflll this right, the 
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appropriate government agency shall ensure, among others, the availability of nutrition 
44 
information in the label or labeling of food, and, dissemination of the information on 
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maintaining healthy dietary practices. 
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(6) Right to Safety -The consumer shall be entitled to protection against the marketing of 
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goods or provision of services that are hazardous to health and life and damaging to 
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property. The undertaking of comprehensive 
safety and performance testing of 
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products before being sold, and the placing of labels and proper product information 
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about the product's use and operation, and warnings about precautions to be taken, if 
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any, are enjoined on manufacturers and sellers. 
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(7) Right to a Healthy Environment. -- The consumer shall be entitled tolive and work in 
55 
an environment which is neither threatening nor dangerous and which permits a 
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sustainable life of dignity and well-being. 
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. (8) Right to l1~formation - The consumer shall be entitled to protection against dishonest 
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or misleading advertising or promotion and labeling and be given the facts and 
3 
information needed to make an informed choice. In particular, consumers of food and 
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beverage products shall be guaranteed the right to be assisted by government, working 
5 
together with manufacturers and distributors, on the significance of adequate labeling 
6 
and in the interpretation of information and data contained on such labels. 
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Sec. 7. The Basic Consumer Respollsibilities.- In connection with the entitlement of the basic 
9 
rights stated in the preceding Section, the consumer shall exercise the following responsibilities: 
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(1) Critical Awareness - The consumer shall make oneself knowledgeable on usage of 
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consumer products and services and be vigilant regarding prices and quality of goods 
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and services. 
14 
IS 
(2) Take Action - The consumer shall refrain from being a passive consumer and assert 
16 
oneself and take action to ensure that one's rights as a consumer are amply protected. 
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(3) Social Concern - The consumer shall be more aware of the negative impact of one's 
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consumption 011 other citizens especially the disadvantaged or powerless groups, 
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whether in the local, national, or international community. 
21 
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(4) Environmental Awareness - The consumer shall understand the environmental 
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consequences of one's consumption, recognize individual and social responsibility to 
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conserve natural resources, protect the earth for future generations and adopt 
25 
stlstainable consumption patterns. 
. 
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(5) ShUdarity ~ The consumer shall organize themselves to de~elop collective strength 
28 
and inl1uence to promote and protect their interest. 
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Sec. 8. Implementing Agency. - The provisions of this Act and its implementing rules and 
31 
regulations shall be enforced by the: 
32 
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(a) Department of Health (DOH) with respect to processed food, drugs, cosmetics, devices 
34 
and hazardous substances; 
35 
(b) Department of Agriculture (DA) with respect to products related to agriculture and 
36 
tlsheries; 
37 
(c) Bangko Sentral ng Pilipinas (BSP) for credit transactions; 
3 8 
(d) Department of Trade and Industry (DT!) with respect to other consumer products not 
39 
specitled above. 
40 
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Sec. 9. 
Price Monitoring. -All factors considered in determining the reasonable price of 
42 
consumer goods shall be in accordance with Republic Act 7581 otherwise known as "The Price 
43 
Act". 
44 
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Sec.10. Establishment of Timbangan ng Bayan Centers. - The State shall regularly review 
46 
legislation pertaining to weights and measures and assess the adequacy of the machinery for its 
47 
enforcement. 
In this regard, all local government units, through their provincial, city or 
48 
municipal treasurers, shall establish a Timbangan ng Bayan center in all public markets 
49 
nationwide where instruments for determining weights and measures shall be open for and 
50 
accessible to anyone who wants to verify the accuracy of the quantity and measurement of the 
51 
products that they purchased. 
52 
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Sec. 11. Sealing and Testing of Instruments of Weights and Measure. - All instruments for 
54 
determining weights and measures in all consumer and consumer related transactions shall be 
55 
tested, calibrated and sealed every six (6) months by the official sealer who shall be the 
56 
Provincial or City or Municipal Treasurer or the authorized representative upon payment of fees 
57 
required under existing law: Provided, That all instruments of weights and measures shall 
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continuously be inspected for compliance with the provisions of this Section. 
The safekeeping and maintenance of said instruments shall be under the control and 
supervision of the market supervisor who shall likewise be in charge of keeping a record of every 
product found to be wanting in quantity or substandard in dimension as well as the circumstances 
surrounding the sale thereof, including but not limited to, the name of the buyer, the price paid, 
and the name of the establishment where the same was bought including the uame of the 
proprietor 01'1 manager thereof. 
A certification duly issued by the market supervisor or the 
a~tho~'ized representative reflecting th~ contents of such record shall be prima facie evidence of 
VIOlatIOn of the prohibited acts as prOVided herem. 
Sec.12. Use of Metric System. - The system of weights and measures to be used for all products, 
commodities, materials, utilities, services and commercial transactions, in all contracts, deeds 
and other official and legal instruments and documents shall be the metric system, in accordance 
with existing laws and their implementing rules and regulations. 
The Department 0 f Trade and Industry shall also adopt standard measurements for 
garments, shoes and other similar consumer products. 
Sec. 13. Physical Safety. - The State shall adopt or encourage the adoption of appropriate 
measures, including legal systems, safety regulations, national or international standards, 
voluntary standards and the maintenance of safety records to ensure that products are safe for 
either intended or normally foreseeable use. 
Appropriate policies shall ensure that if manufacturers or distributors become aware of 
unforeseen hazards after products are placed on the market, they shall notify the relevant 
authorities and, as appropriate, the public without delay. The State shall also consider ways of 
ensuring that consumers are properly informed of such hazards. 
Sec. 14. Minimum Labeling Requirements for Consumer Products. - All consumer products 
domestically sold, whether manufactured locally or imported, shall indicate the following in their 
respective labels of packaging: 
(a) its correct and registered trade name or brand name; 
(b) its duly registered trademark; 
( c) its duly registered business name; 
(d) the address of the manufacturer, importer, repacker of the consumer product m the 
Philippines; 
( e) its general make or active ingredients; 
(f) the net quality of contents, in terms of weight, measure or numerical count rounded of to 
at least the nearest tenths in the metric system; 
(g) country of manufacture, if imported; and 
(h) if a consumer product is manufactured, refilled or repacked under license from a 
principal, the label shall so state the fact. 
The following may be required by the concerned department in accordance with the rules 
and rcgulati6ns they will promulgate under authority of this Act: 
(a) whetller it is flammable or inHammable; 
(b) directions for usc, if necessary; 
(c) warning of toxicity; 
(d) wattage, voltage or amperes; or 
(e) process of manufacture used if neccssary. 
Any word, statement or other information required by or under authority of the preceding 
paragraph shall appear on the label or labeling with such conspicuousness as compared with 
other words, statements, designs or devices therein, and in such terms as to render it likely to be 
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read and understood by the ordinary individual under customary conditions of purchase or use. 
The above requirements shall form an integral part of the label without danger of being 
erased or detached under ordinary handling of the product. 
Sec. 15. Legibility. - It shall be ensured that labeling of food and beverage products are legible 
and easily understood by consumers. 
For the benefit of those who arc unable to read for reasons of illiteracy or of deficiency in 
reading due to eye-sight problem, labeling information shall be done through the use of graphic 
symbols. 
Sec. 16. Philippine Product Standard Mark. - The label shall contain the Philippine Product 
Standard Mark if it is certified to have passed the consumer product standard prescribed by the 
concerned department. 
Sec. 17. Authority Of the Concel'lled Department to Provide for Additional Labeling and 
Packaging Requirements. - Whenever the concerned department determines that regulations 
covering requirements other than those prescribed in Section 13 hereof are necessary to prevent 
the deception of the consumer or to facilitate value comparisons as to any consumer product, it 
may issue such rules and regulations to: 
(a) establish and define standards for characterization of the size of a package 
enclosing. any consumer product which may be used to supplement the label 
statement of net quality, of contents of packages containing such products but this 
clause shall not be construed as authorizing any limitation on the size, shape, 
weight, dimensions, or number of packages which may be used to enclose any 
product; 
(b) regulate the placement upon any package containing any product or upon any label 
laffixed to such product of any printed maHer stating or representing by implication 
ithat such product is offered for retail at a price lower' than the ordinary and 
'customary retail price or that a price advantage is accorded to purchases thereof by 
reason of the size ofthe package or the quantity of its contents; 
(c) prevent the nonfunctional slack-till of packages containing consumer products. 
. For purposes of paragraph ( c) of this Section, a package shall be deemed to be non-
functionally slack-filled if it is filled to substantially less than its capacity for rea~ons other than: 
(i) protection ot'the contents of such package; 
(ii) the requirements of machines used for enclosing the contents in such package; or 
(iii) inherent characteristics of package materials or construction being used. 
The concerned depmtment may likewise issue such other requirements as may be 
prescribed by regulations to ensure the safely, efficacy and quality of health products. 
Sec. 18. Special Packaging of Consumer Products for the Protection of Children. - The 
concerned department may establish standm'ds for the special packaging of any consumer 
product if it finds that: 
(a) the degree or nature of the hazard to children in the availability of such product, by 
reason of its packaging, is such thai special packaging is required to protect children 
from serious personal injury or serious illness resulting from handling and use of such 
product; and 
(b) the special packaging to be required by such standard is technically feasible, 
practicable and appropriate for such product. 
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In establishing a standard under this Section, the concerned department shall consider: 
(1) the reasonableness of such standard; 
(2) available scientiiic, medical and engineering data concerning special packaging and 
concerning accidental, ingestions, illnesses and injuries caused by consumer product; 
(3) the manufacturing practices of industries afIectcd by this Act; and 
(4) the nature and use of consumer products. 
Sec. 19. English or Filipino Trallslation of Product Labels Written in Foreign Characters 
or Languages. - Consumer products with product labels written in foreign characters or 
language shall be allowed entry into the country and introduced into commerce only if they 
bear a corresponding English or Filipino translation to enable the authorities to determine 
whether the product has complied with all the other labeling requirements as well as 
provide the Consumers proper guidance on the contents and source or origin 0 C the product. 
All ihlPorted products brought into the country which shall be repacked, labeled or 
relabeled shall bear the name of the product, ingredients, place of manufacture and nutrient 
contents of the products before they can be sold domestically. 
Sec. 20. Prohibited Acts 011 Labeling and Packaging. - It shall be unlawful for any person who 
is engaged in the labeling or packaging of any consumer product, either as principal or agent, to 
display or distribute or to cause to be displayed or distributed for commercial purpose any 
consumer product whose package or label does not conform to the provisions of this Act. 
The prohibition in this Act shall apply to persons engaged in the business of wholesale or 
retail distributors of consumer products including, but not limited to, such persons who: 
(a) are engaged in the packaging or labeling of such products; 
(b) prescribe or specify by any means the manner in which such products are packaged or 
labeled; 
( c) having knowledge of mislabeling or mispackaging, refuse to disclose the source of the 
mislabeled or mispackaged products. 
Sec. 21. Mislabeled Food. - The following circumstances shall be construed to be cases of 
mislabeling of food products: 
(a) if its labeling or advertising is false or misleading in any way; 
(b) if its label contains claims which are not scientifically proven 
(c) if it is offered for sale under the name of another food; 
(d) if it is an imitation of another food, unless its label bears in type of uniform size and 
prominence, the word "imitation" and, immediately thereafter, the name of the food 
imitated; 
(e) its containers is so made, formed, or filled as to be misleading; 
(f) if in package form unless it bears a label conforming to the requirements of this Act: 
Provided, That reasonable variation on the requirements oflabeling shall be permitted 
and exemptions as to small packages shall be established by the regulations 
prescri bed by the concerned clepartment; 
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(g) i~ any word, statement or other information required by or under authority of this Act 
to appear on the principal display panel of the label or labeling is not prominently 
placed thereon with such conspicuousness as compared with other words, statements, 
designs or devices in the labeling and in such terms as to render it likely to be read 
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and understood by the ordinary individual under customary conditions of purchase 
and use; 
(h) if it purports to be or is represented as a food for which a definition or standard of 
identity has' been prescribed unless: 
(J) 
it conforms to such definition and standard; and 
(2) 
its labels bear the name of the food specified in the definition or standards, and 
insofar as may be required by such regulations, the common names of optional 
ingredients other than spices, flavoring and coloring, present in such food; 
(i) if it purports to be or represented as: 
(J) a food for which a standard of quality has been prescribed by regulations as 
provided in this Act and its quality fall below such standard, unless its label bears in 
such manner and form as such regulations specify, a statement that it falls below 
such standard; or 
(2) a food for which a standard or standards or fill of container have been prescribed by 
regulations as provided by this Act and it falls below the standard of fill of container 
applicable thereto, unless its label bears, in such manner and form as such 
regulations specify, a statement that it falls below such standard; 
(j) if it is not subject to the provisions of paragraph (g) of this Article unless its label 
bears: 
0) the common or usual name of the food, ifthere be any; and 
(2) in case it is manufactured or processed from two or more ingredients, fhe common 
or usual name of such ingredient; except the spices, flavorings and colorings other 
than those sold as such, may be designated as spices, flavorings and colorings 
without naming each: Provided, That to the extent thaI compliance with the 
requirement of clause (2) of this paragraph is impracticable or results in deception 
or unfair competition, exemptions shall be established by regulations promulgated 
Iby the concerned Department of Health; 
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(k) if> it purports to be or is represented for special dietary uses, unless its label bears such 
information concerning its vitamin or mineral or other dietary properties as the 
concerned depatiment determines to be, or by regulations prescribed as necessary in 
order fully to inform purchasers as its value for such uses; 
(1) if it bears or contains any artificial flavoring, artificial coloring, or chemical 
preservative, unless it bears labeling, stating that fact: Provided, That to the extent 
that compliance with the requirements of this paragraph is impracticable, exemptions 
shall be established by regulations promulgated by the concerned department. The 
provisions of this paragraph or paragraphs (g) and (i) with respect to the artificial 
coloring shall not apply in the case of butter, cheese or ice cream. 
Foods or lood products offered by restaurants and fast-foods chains shall likewise 
conform with the foregoing regulations. 
In cases of foods not contained in any disposable package or container, restaurant 
operators must provide customers with a !lyer or leaflet containing the prescribed nutritional 
information when requested accordingly. 
Sec, 22. Labeli11g of Drugs. - In addition to Section 14 hereof, the provisions of Republic Act 
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No. 6675 or the Generics Act and other applicable labeling requirements under Republic Act No. 
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3720 as amended by Republic Act No. 9711, othcrwise known as "The Food and Drug 
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Administration Act of 2009," shall apply in the labeling of drugs. 
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Sec. 23. Mislabeled Hazardous Substances. - Hazardous substances shall be deemed mislabeled 
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when: 
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(a) having been intended or packaged in a form suitable for use in households, especially for 
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children, the packaging or labeling thereof is in violation of the special packaging regulations 
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issued by the concerned department; 
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(b) it fails to bear a label which states conspicuously the following important information: 
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(i) 
the name and the placc of business of the manufacturer, packer, distributor seller; 
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(ii) 
the common or usual name or the chemical name, if there be no common or usual 
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name, of the hazardous substance or of each component which contributes 
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substantially to the harmfulness of the substance, unless the concerned department 
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by regulation permits or requires the use of the recognized generic name; 
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(iii) 
t\le signal word "danger" on substances which are extremely flammable, corrosive or 
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IFghly toxic; 
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(iv) 
the signal word "warning" or "caution" with a bright red or orange color with a black 
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symbol on all other hazardous substances; 
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(v) 
a clear statement as to the possible injury it may cause if used improperly; 
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(vi) 
precautionary measures describing the action to be followed or avoided; 
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(vii) 
instructions when necessary or appropriate for first-aid treatment; 
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(viii) 
the wbrd "poison" for any hazardous substance which is defined as highly toxic; 
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(ix) 
instructions for handling and storage of packages which require special care III 
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handling and storage; and 
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(x) 
the statement "keep out of the reach of children", or its practical equivalent, if the 
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article is not intended for use by children and is not a banned hazardous substance, 
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with adequate directions [or the protection of children from the hazard involved. The 
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aforementioned signal words, affirmative statements, description of precautionary 
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measures, necessary instructions or other words or statements may be in English 
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language or its equivalent in filipino; and 
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( c) the statement required under clause (b) of this paragraph is not located prominently in bright 
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red and orange color with a black symbol in contrast typography, layout or color with the 
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other printed matters on the label. 
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Sec. 24. Price Tag Requirement. - It shall be unlawful to offer any consumer product or service 
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for retail sale to the public without an appropriate price tag, label, or marking, or with more than 
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one price, or different price tags, labels, or markings publicly displayed to indicate the price of 
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each article, Said products shall not be sold at a price higher than that stated therein and without 
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discrimination to all buyers: Provided, That it shall be unlawful for any retailer, including 
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merchandising store or service establishment to charge the customers more than the actual cash 
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retail price of the goods or services purchased when such purchase is done with the use of credit 
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card or to limit bargain sale items and services to cash purchases: Provided Further, That lumber 
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'sold, displayed or offered for sale to the public shall be tagged or labeled by indicating thereon 
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the price and the corresponding official name of the wood: Provided ,finally, that if consumer 
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products [or sale are too small or the nature of which makes it impractical to place a price tag 
thereon price list placed at the nearest point where the products are displayed indicating the retail 
price of the same may suffice. 
Sec. 25. MalIneI' of Placing Price Tags. - Price tags, labels or markings must be written clearly, 
indicating 
the price of the 
consumer product per 
nnit 
in 
pesos 
and 
centavos. 
Sec. 26. Regulations for Price Tag Placement. - The concerned department shall prescribe rules 
and regulations for the visible placement of price tags for specific consumer products and 
services. There shall be no erasures or alterations of any sort of price tags, labels or markings 
unless such products or services shall be the subject of a promotional sale markdown. 
Sec. 27. Ensuring Safety of Good~ -
The State shall ensure that goods produced by 
manufacturers are safe [or either intended or normally foreseeable use. Those responsible for 
bringing goods to the market, in particular suppliers, exporters, importers, retailers and the like 
hereinafter referred to as distributors. should ensure that while in their care these goods are not 
rendered unsafe through improper handling or storage and that while in their care they do not 
become hazardous through improper handling or storage. Consumers should be instructed in the 
proper use o[ goods and should be informed of the risks involved in intended or normally 
foreseeable use. Vital safety information should bc conveyed to consumers by internationally 
understandable symbols wherever possible. 
Sec. 28. Regulation 011 Imported COl1sumer Products. - (a) Any consumer product offered for 
importation into Philippinc territory shall be refused admission if such product: 
(1) fails to comply with an applicable consumer product quality and safety standard or 
rule; 
(2) is or has been determined to be injurious, unsafe and dangerous; 
(3) is substandard; 
(4) is defective; or 
(5) has been banned for distribution or declared unsafe by other conntries. 
(b) Samples of consumer products being imported into the Philippines in a quantity necessary 
for purposes of determining the existence of any of the above causes for non-admission may 
be obtained by the concerned department or agency without charge from the owner or 
consignec thereof. The owner or consignee of the imported consumer product under 
examination shall be afforded an opportunity to a hearing with respect to the importation of 
such products into the Philippines. If it appears from examination of such samples or 
otherwise that an imported consumer product does not conform to the consumer product 
safety rule or is injurious, unsafe and dangerous, is substandard or has a material defect, such 
product s\lall be refused admission unless the owner or the consignee thereof manifests under 
bond that'none ofthe above ground for non-admission exists or that measures have been taken 
to cure them before they are sold, distributed or offered for sale to the 'gencral public. 
I 
(c) If it appears that any consumer product which may not be admitted pursuant to paragraph 
(a) of this Section can be so modified that it can already be acceptable for sale or use, the 
eonce1'11ed department may defer final examination as to the admission of such product for a 
period not exceeding ten (10) days, and in accordance with such regulations as the 
Department and·the Commissioner of Customs si1alljointly promulgate, such product may be 
released from customs custody under bond for the purpose of permitting the owner or 
consignee an opportunity to so modify such product. 
(d) All modifications taken by an owner or consignee for the purpose of securing admission of 
an imported consumer product under paragraph (c) shall be subject to the supervision of the 
concerned department. If the product cannot be so modified, or if the owner or consignee is 
not proceeding to satisfactorily modify such product, it shall be refused admission and the 
department may direct redelivery of the product into customs custody, and seize the product if 
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not so redelivered. 
(e) Imported consumer products not admitted must be exported, except that upon application, 
the Commissioner of Customs may permit the destruction of the product if, within a 
reasonable 
time, 
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consignec 
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fails 
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export 
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same. 
(t) All expenses in connection with the destruction mandated in this Section, and all expenses 
in connection with the storage, cartage or labor with respect to any consumer product refused 
admission under this Article, shall be paid by the owner or consignee and, in case of default of 
such payment, shall constitute a lien against any future importation made by such owner or 
consignee. 
(g) It shall be prohibited for any person, corporation or entity, to import, sell or use goods, the 
manufacture, sale or use of which is prohibited in the country of origin of such goods. 
Sec. 29. Regulation 011 Consumer Products for Export. - The preceding Section on safety 
standards imposed on imported products does not apply to any consumer product if: (a) it can be 
shown that such product is manufactured, sold or held for sale for export from the Philippines, or 
that such product was imported for export, unless such consumer product is in fact distributed in 
commerce for use in the Philippines; and (b) such consumer product or the packaging thereof 
bears a stamp or label stating that such consumer product is intended for export and actually 
exported: Provided, however, that consumer products intended for exports shall comply with the 
safety standards enforced by the importing country, whenever applicable. 
Sec. 30. Rec(Jll, Ban or Seizure of Injurious, Dangerous and Unsafe Products. - Whenever any 
department 91' government agency find by their own initiative or by petiti.on of a consumer, that a 
consumer product is found to be injurious, unsafe or dangerous, it shall, after due notice and 
hearing, make the appropriate order for its recall, prohibition or seizure from public sale or 
distribution: Provided, That in their sound discretion, such department or agency, may declare a 
consumer product to be imminently injurious, unsafe or dangerous, and order its immediate 
recalJ, ban or seizure from public sale or distribution, in which case, the seller, distributor, 
manufacturer or producer thereof shall be afforded a hearing within forty-eight (48) hours from 
such order: Provided further, That any establishment caught in flagrante delicto selling, 
distributing, manufacturing, producing, or importing substandard and hazardous products shall 
be automatically closed and shut down. 
The ban on the sale and distribution of a conswner product adjudged injurious, unsafe or 
dangerous, or imminently injurious, unsafe or dangerous under the preceding paragraph shall 
stay in force until such time that its safety can be assured or measures to ensure its safety have 
been established. 
Sec. 31. Amendment and Revocation of Declaration of the Injurious, Unsafe 01' Dangerous 
Character of a Consumer Product. - Any interested person may petition the appropriate 
department to commence a proceeding for the issuauce of an amendment or revocation of a 
consumer product safety rule or an order declaring a consumer product injurious, dangerous and 
unsafe. 
In case the department, upon petition by a1) interested party or its own initiative and after 
due notice and hearing, determines a consumer product to be substandard or materially defective, 
it shall so notify the manufacturer, distributor or seller thereof of such finding and order such 
manufacturer, distributor or seller to, without delay: 
(a) give notice to the public of the defect 01' failure to comply with the product safety 
standards; 
(b) give notice to each distributor or retailer of such product; and 
(c) give notice to every person to whom such consumer product was delivered or sold. 
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The departmcnt shall also direct the manufacturer, distributor or seller of such product to 
extend within reasonable time any or all of the following remedies to the injured person: 
(i) to bring such product into conformity with the requirements of the applicable 
consumer product standards or to repair the defect in order to conform with the same; 
(ii) to replace the product with a like or equivalent product which complies with the 
applicable consumer product standards which does not contain the defect; 
(iii)to refund the purchase price of the product less a reasonable allowance for use; and 
(iv)td pay the consumer reasonable damages as may be determined by the department. 
The rhanufacturer, distributor or seller shall not charge a consumer who avails himself of 
the remedy as provided above of any expense and cost that may be incurred. 
Sec. 32. Effectivity of Amendments and Revocation of Consumer Product Safety Rule. - Any 
amendment or revocation of a consumer product safety rule made by the conccrned department 
shall specify the date on which it shall take effect which shall not exceed ninety days from the 
date of amendment or revocation is published unless the concerned department finds, for a good 
cause shown, that a later effective date is in the public interest and publishes its reasons for such 
finding. The department shall promulgate the necessary rules for the issuance, amendment or 
revocation of any consumer product safety rule. 
Sec. 33. Official Sources of Information for Imported Consumer Products. - Import data from 
the Bureau of Customs under the Department of Finance and the Bureau of Import Services 
under the DTI shall be recognized as official sources of information to validate the following 
information relative to .a particular imported consumer product: 
(a) 
country of manufacturer; 
(b) 
name and address of manufacturer / exporter; 
(c) 
name and address of importer/consignee; 
(d) 
value and volume of shipment: 
( e) 
date of arrival, and; 
(1) 
other information relevant to the shipment in question. 
Sec. 34. Coverage a/UI Exemptions of Sales Promotion of Consumer Products and Services. 
(a) Coverage- The provisions on sales promotions of the consumer products and services shall 
apply to all promotional campaigns/announcements for consumer products, services, credit 
facilities, as well as beauty contests, nationwide in character. It shall also include promotional 
campaigns for television shows and other similar activities. 
The provisions of sales promotion of consumer products and services shall likewise apply 
to similar activities such as but not limited to in-store promotions offering reduced prices, special 
offers, product demonstration, product samples, rebates, discounts, premium-in-pack, and expert 
advice. 
The coverage of sales promotions should also include promotional campaigns for 
television shpws and other similar activities. 
49 
(b) Exe11lpti'01l~~ The provisions of sales promotion of consumer products and services shall not 
50 
apply to thc following promotional campaigns or activities: 
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(i) 
those conducted by government or any of its agencies or instrumentalities, when 
53 
the same is conducted in the exercise of their governmental functions; 
54 
(ii) 
those conducted by private entities in joint projectls with any government 
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agency under the preceding paragraph; 
56 
(iii) 
those conducted by social, civic, political, religious, educational, professional 
57 
and other similar organizations which conduct promotional 
activities among their 
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members.: Provided, That the promotional activity is 
promotional campaign as defined under this Act. 
not 
considered 
sales 
Sec. 35. Permit to Conduct Promotion. - No person shall conduct any sales campaigns including 
beauty contests, national in character, sponsored and promoted by manufacturing enterprises 
without first securing a permit Ii'om the concerned department at least thiliy (30) calendar days 
prior to the commencement thereof. Unless an objection or denial is received within fifteen (15) 
days from filing of the application, the same shall be deemed approved and the promotion 
campaign or activity may be conducted: ProVided, That any sales promotion campaign using 
medical prescriptions or any part thereof or attachment thereto for rames or a promise of reward 
shall not be allowed, nor a permit issued thereof. 
Sec. 36. Suspension (!f Publication or Dissemination of Information. - The concerned 
department may, after due notice, suspend (he publication and dissemination of any information 
accompanying a sales promotion campaign, if it finds the campaign to be in violation of the 
provisions 
of 
this 
Act 
01' 
its 
implementing 
rules 
and 
regulations. 
Sec. 37. Conduct of Sales Promotion. - A sales promotion which is intended fOl' broad consumer 
participation and utilizes mass media shall indicate the duration, commencement and termination 
of the promotion, the deadline for submission of entries and the governing criteria or procedure 
to be followed therein. 
Sec. 38. Packaging of Products Under Promotion. - The packaging of the products covered by 
the sales promotion shall not be changed or tampered with, unless so authorized by the 
sponsoring agency or the owner or manufacturer of the product. 
Sec. 39. Change in Starting and Termination Dates of Promotion. - The concerned department 
shall be advised of any delay of starting dates or termination dates and details of any change in 
the conduct of a sales promotion. Any change in the termination dates shall be published in a 
newspaper of general circulation before the expiration of the original schedule or the termination 
date, whiche~er comes first. 
Sec. 40. Det~rl11inatiol/ of Winners. - The winners in any sales promotion shall be determined at 
a definite time and place and shall be verified by a representative of the concerned department 
and the sponsor. Immediately after the winners are selected or determined, a list with their 
addresses and corresponding prizes shall be submitted to the concerned department. All winners 
shall be announced or published in the same manner that the sales promotion was announced or 
published: Provided, That publication in a newspaper of general circulation shall be done in a 
legible manner at least once, if the sales promotion is national in scope: Provided jilr/her, That 
such announcement and publication shall be done not later than two (2) weeks after the 
determination of winners. In all cases where the amount of the price is Five Hundred Pesos 
(PhP500.00) or more, the winners shall also be notified in writing by registered mail or any 
communication wherein proof of notice or service can be verified. 
Sec. 41. Promulgation and Adoptio11 of Consumer Product Standards. ~ Pursuant to this 
objective, the State shall intensify efforts to prevent practices which are damaging to the 
economic interests of consumers by ensuring that manufacturers, distributors and others involved 
in the provision of goods and services adhere to established laws and mandatory product 
standards. Consumer organizations shall be encouraged to monitor adverse practices, such as the 
adulteration of foods, false or misleading claims in marketing and service frauds. The concerned 
department shall establish consumer product quality and safety standards which shall consist of 
one or more of the following: 
(a) requirements to performance, composition, contents, design, construction, finish, 
packaging of a consumer product; 
(b) requirements as to kind, class, grade, dimensions, weights, material; 
(c) requirements as to the methods of sampling, tests and codes used to check the quality of 
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the products; 
(d) requirements as to precautions in handling, storage, packaging, and transporting; 
(e) requirements that a consumer product be marked with or accompanied by clear and 
adequate safety warnings or instructions, or requirements respecting the form of 
warnings or instructions. 
For this purpose, the concerned department shall adopt existing government domestic 
product quality and safety standards: Provided, That in the absence of such standards, the 
concerned department shall form specialized technical committees composed of equal number of 
representatives li'om each of the government, business and consumer sectors to formulate, 
develop and propose consumer product quality and safety standards. The said technical 
committees shall consult with the private sector, which may, motu proprio, develop its own 
quality and safety standards that shall be subjected to further review and evaluation by the 
concerned afSencies after public hearings have been conducted for that purpose; and shall 
likewise consider existing international standards recognized by the Philippine Government. 
I 
Sec. 42. Publication of Consumer Product Standards. - The concerned department shall, upon 
promulgation of the above standards, publish or cause the publication of the same either in a 
newspaper of general circulation, in the Official Gazette and in its online edition, or in the 
department's or agency's official web portal. It may likewise conduct an information campaign 
through other means deemed effective to ensure the proper guidance of consumers, businesses, 
industries and othe( sectors concerned. 
Sec. 43. Certification of Conformity to Consumer Product Standards. - The concerned 
department shall aim at having consumer product standards established for every consumer 
product so that consumer products shall be distributed in commerce only after inspection and 
certification of its quality and safety standards by the depmiment. The manufacturer shall avail of 
the Philippine Standard Certification Mark which the department shall grant after determining 
the product's compliance with the relevant standard in accordance with the implementing rules 
and regulations. 
Sec. 44. Effectivity of Rules. - (a) Each consumer product standard or safety rule shall specify 
the date such rule is to take effect, which shall not exceed ninety (90) days from the date 
promulgated unless the concerned department finds, for good cause shown, that a later effective 
date is in the public interest and publishes its reasons for such finding. Thereafter, it shall no 
longer be legal to, or cause to, sell or distribute the consumer product not complying with the 
standards 6r rules. 
(b) The department may, by regulation, prohibit a manufacturer from stockpiling consumer 
products so as to prevent such manufacturer from circumventing the purposes of this paragraph. 
The term "stockpiling" means manufacturing or impOliing a product between the date of 
promulgation of its consumer product safety rule and its effective date, at a rate which is 
significantly greater than the rate at which such product was produced or imported during a base 
period as prescribed in the regulation under this paragraph, ending before the date of 
promulgation of consumer product safety rule. 
Sec. 45. Deceptive, Unfair and Unconscionable Sales Acts 01' Practices. - The State shall 
encourage fair and effe,ctive competition in order to provide consumers with !he greatest range of 
choice among products and services at the lowest cost. Pursuant to this objective, a deceptive act 
or practice by a seller or supplier in connection with a consumer transaction violates this Act 
whether it occurs before, during or after the transaction. An act or practice shall be deemed 
deceptive whenever the producer, manufacturer, supplier or seller, through concealment or false 
representatidn of fraudulent manipulation, induces a consumer to enter into a sales or lease 
transaction or any consumer product or service. 
Without limiting the scope of the above paragraph, the act or practice of a seller or 
supplier is deceptive when it represents that: 
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(a) a consumer product or service has the sponsorship, approval, performance, 
characteristics, ingredients, accessories, uses, or benefits it does not have; 
(b) a consumer product or service is of a particular standard, quality, grade, style, or model 
when in lactit is not; 
(c) a consumer product is new, original or unused, when in fact, it is in a deteriorated, altered, 
reconditioned, reclaimed or second-hand state; 
(d) a consumer product or service is available to the consumer for a reason that is different 
from the fact; 
(e) a consumer product or service has been supplied in accordance with the previous 
representation when in Jact it is not; 
(f) a consumer product or service can be supplied in a quantity greater than the supplier 
intends; 
(g) a service, or repair of a consumer product is needed when in fact it is not; 
(h) a specific pricc advantage of a consumer product exists when in fact it does not; 
(i) the sales act or practice involves or does not involve a warranty, a disclaimer of 
warranties, particular warranty terms or other rights, remedies or obligations if the 
indication is talse; 
(j) it has a sponsorship, approval, or affiliation it does not have; 
(k) it has adequate after sales parts and services it does not have. 
Sec. 46. Deceptive Sales Act or Practices by Regulation. - The concerned department shall, after 
due notice and hearing, promulgate regulations declaring as deceptive any sales act, practice or 
technique which is a misrepresentation of tacts other than those enumerated in Section 45 of this 
Act. 
Sec. 47. U1lfair or Unconscionable Business Practices. - An unfair or unconscionable sales act 
or practice by a seller or supplier retailer in connection with a consumer transaction may be 
committed whether it occurs before, during or after the consumer transactions. An act or practice 
shall be deemed unfair or unconscionable whenever the producer, manufacturer, distributor, 
supplier or seller, by taking advantage of the conSlUner's physical or mental infirmity, ignorance, 
illiteracy, lack of time or the general conditions of the environment or surroundings, induces the 
consumer to entcr into a sales or lease transaction grossly inimical to the interests of the 
consumer or grossly one-sided in favor of the producer, manufacturer, distributor, supplier or 
seller: 
! 
In determining whether an act or practice is unfair and uncons,cionable, the following 
circumstanc~s shall be considered: 
(a) the producer, manufacturer, distributor, supplier retailer or seller took advantage of the 
inability of the consumer to reasonably protect his interest because of his inability to 
understand the language of an agreement, or similar factors; 
(b) when the consumer transaction was entered into, the price grossly exceeded the price at 
which similar products or services were readily obtainable in similar transactions by 
like consumers; 
(c) when the consumer transaction was entered into, the consumer was unable to receive a 
substantial benefit from the subject of the transaction; 
(d) when the consumer was entered into, the seller or supplier was aware that there was no 
reasonable probability or payment ofthe obligation in full by the consumer; and 
(e) the transaction that the seller or supplier induced the consumer to enter into was 
excessively one-sided in favor of the seller or supplier such as but not limited to: 
I. whcn the consumer transaction was entered into, the seller or supplier imposes 
upon the consumer terms and conditions grossly disadvantageous to the latter who 
is reduced to the alternative of accepting the contract or leaving it, completely 
deprived of the opportunity to bargain on equal footing; and 
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2. 
the seller 01' supplier employs an aggressive marketing practice that significantly 
constrains 01' impairs 01' is likely to significantly constrain 01' impair the average 
consumer's freedom of choice or conduct with regard to the purchasc of a product 
01' service that causes him/her 01' is likely to cause him/her 
to 
enter 
into 
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consumer transaction 01' into one that is different from the one he/she would have 
intended. 
Sec. 48. Chail1 Distribution Plans 01' Pyramid Sales Schemes. - Chain distribution plans 01' 
pyramid sales schemes as defined in this Act are prohibited. 
Scc.49. Home Solicitation Sales. - No business entity shall conduct any homc solicitation sale of 
any consumer product 01' service without first obtaining a permit from the concerned department. 
Such permit may be denied suspended 01' revoked upon cause as provided in the rules and 
regulations promulgated by the department, after due notice and hearing. Home solicitation sales 
may be conducted only between the hours of nine o'clock in the morning (9:00 A.M.) and seven 
o'clock in the evening (7 :00 P.M.) of each working day: Provided, That solicitation sales may be 
made at a time other than the prescribed hours where the person solicited has previously agreed 
to the same. I-lome solicitation sales shall only be conducted by a person who has the proper 
identification and authority fi'om his principal to make such solicitations. Sales generated from 
home solicitAtion sales shall be properly receipted as per existing laws, rules and regulations on 
sale transactiens. 
Sec. 50. Prohibited Representations. - A home solicitation sale shall not represent that: 
(a) the buyer has been specially selected; 
(b) a survey, test 01' research is being conducted; 01' 
(c) the seller is making a special offer to a few persons only for a limited period of time. 
Sec. 51. Referral Sales. - Referral selling plans shall not be used in the sale of consumer 
products unless the seller executes in favor of the buyer a written undertaking that will grant a 
specified compensation or other benefits to said buyer in return for each and every transaction 
consummated by said seller with the persons referred by said buyer 01' for subsequent sales that 
said buyers has helped the seller enter into. 
Sec. 52. Measures Enabling Consumers to Obtain RedJ'ess - The State shall establish and 
maintain legal or administrative measures to enable consumers or, as appropriate, relevant 
organizations to obtain redress through formal or informal procedures that are expeditious, fair, 
inexpensive and accessible. Such procedures should take particular account of the needs of low-
income consumers. 
Sec. 53. Liabilityfor tlte Defective Products. - Any manufacturer, producer, or importer, shall be 
liable for redress, independently of fault, for damages caused to consumers by defects resulting 
from design, manufacture, construction, assembly and erection, formulas and handling and 
making up, presentation or packing of their products, as well as for the insufficient or inadequate 
information on the use and hazards thereof. 
A product shall be deemed defective when it does not offer the safety and utility 
rightfully expected of it, taking relevant circumstances into consideration, including but not 
limited to: 
(a) presentation of product; 
(b) use and hazards reasonably expected of it; 
( c) the time it was put into circulation. 
A product can not be considered defective when another better quality product has been placed in 
the market. 
The manufacturer, builder, producer 01' importer shall not be held liable when it evidences: 
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(a) that it did not place the product on the market; 
(b) thali although it did place the product on the market such product has no defect; 
( c) tlla~ the consumer or a third party is solely at fault. 
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Sec. 54. Liability of Tradesman or Seller. - The tradesman or seller is liable, pursuant to the 
preceding article when: 
(a) it is not possible to identify the manufacturer, builder, producer or importer; 
(b) the product is supplied, without clear identification of the manufacturer, producer, 
builder or importer; 
(c) he/she does not adequately preserve perishable goods. 
The party making payment to the damaged party may exercise the right to recover a part 
of the whole of the payment made against the other responsible parties, in accordance with their 
part or responsibility in the cause of the damage effected. 
Sec. 55. Liability for Defective Services. - The service supplier is liable for redress, 
independently of fault; [or damages caused to consumers by defects relating to the rendition of 
the services, as well as for insufficient or inadequate information on the fruition and hazards 
thereof. 
The service is defective when it does not provide the satisfactory repair and/or safety the 
consumer may rightfully expect of it, taking the relevant circumstances into consideration, 
including but not limited to: 
(a) the manner in which it is provided; 
(b) the result of hazards which may reasonably be expected of it; 
(c) the time when it was provided. 
(d) the time and inconvenience the service has caused the consumer 
A service is not considered defective because of the use or introduction of new 
techniques. 
The supplier ofthe services shaH not be held liable when it is proven that: 
(a) there is no defect in the service rendered; 
(b) the1consumer or third party is solely at fault. 
Sec. 56. L)ability for Product and Service Impelfection. - The suppliers of durable or 
nondurable consumer products are jointly liable for imperfections in quality that render the 
products unfit or inadequate for consumption or use for which they are designed, or those that 
decreased their value, and for those resulting from inconsistency with the information provided 
on the container, packaging, labels or publicity messages/advertisement, with due regard to the 
variations resulting from their nature or possibility of the consumer being able to demand 
replacement to the imperfect parts. 
52 
If the imperfection is not corrected within thitty (30) days, the consumer may 
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alternatively demand at his option for: 
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(a) the replacement of the product by another of the same kind, in a perfect state of use; 
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(b) the immediate reimbursement of the amount paid, with monetary updating, without 
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prejudice to any losses and damages; 
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(c) a proportionate price reduction. 
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The parties may agree to reduce or increase the term specified in the immediately 
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preceding paragraph; but such shall not be less than seven (7) nor more than one hundred and 
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eighty (180) days. 
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The consumer may make immediate use of the alternatives under the second paragraph of 
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this Article when by virtue of the extent of the imperfection, the replacement of the imperfect 
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parts may jeopardize the product quality or characteristics, thus decreasing its value. 
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If the consumer opts for the alternative under sub-paragraph (a) herein, and replacement 
12 
of the product is not possible, it may be replaced by another of a different kind, mark or model: 
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Provided, That any difference in price which may result thereof shall be supplemented or 
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reimbursed by the party which caused the damage, without prejudice 10 the provisions of the 
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second, third and fourth paragraphs herein. 
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Sec. 57. Liability for Product Quantity Imperfection. - Suppliers are jointly liable for 
18 
imperfections in the quantity of the product when, in due regard for variations inherent thereto, 
19 
their net content is less than that indicated on the container, packaging, labeling or advertisement, 
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the consumer having powers to demand, alternatively, at his own option: 
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(a) the proportionate price; 
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(b) the supplementing of weight or measure differential; 
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(c) the .replacement of the product by another of the same kind, \l1ark or model, without 
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said imperfections; 
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(d) the immediate reimbursement of the amount paid, with monetary updating without 
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prejudice to losses and damages if any. 
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The provisions ofthe fifth paragraph of Section 56 hereof shall apply to this Section. 
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The immediate supplier shall be liable if the instrument used for weighing or measuring 
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is not gauged in accordance with official standards. 
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Sec. 58. Liability for Service Quality Impeliection. - The service supplier is liable for any 
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quality imperfections that render the services improper for consumption or decrease their value, 
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and for those resulting from inconsistency with the information contained in the offer or 
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advertisement, the consumer being entitled to demand alternatively, at his option, the following: 
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(a) the performance of the services, without any additional cost and when applicable; 
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(b) the immediate reimbursement of the amount paid, with monetary updating without 
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prejudice to losses and damages, if any; 
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(c) a proportionate price reduction. 
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ReperfOlmance of services may be entrusted to duly qualified third parties, at the 
50 
supplier's risk and cost. 
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Improper services are those which prove to be inadequate for purposes reasonably 
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expected of them and those that fail to meet the provisions of this Act that regulates the supply or 
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rendition of services. 
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Sec. 59. Repair Service Obligatioll. - When services are provided for the repair of any product, 
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the supplier shall be considered implicitly bound to use adequate, new, original replacement 
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parts, or those that maintain the manufacturer's technical specifications unless, otherwise 
authorized by the consumer. 
When giving service or repair, the consumer must be informed about which particular 
parts of the goods are damaged and have to be repaired. The consumer shall be given the option 
to replace only the damaged parts if possible. The consumer shall not be forced to replace other 
parts that are still in good condition on the grounds that all these parts come in one set. 
Sec. 60. IgilOrance of Quality Impelfection. - The supplier's ignorance of the quality 
imperfections due to inadequacy of the products and services does not exempt one from any 
liability. 
I 
Sec. 61. Legal Guarailtee of Adequacy. - The legal guarantee of product or service adequacy 
does not require an express instrument or contractual exoneration of the supplier being 
forbidden. 
Sec. 62. Guaranty of Service Firms. - Service firms shall guarantee workmanship and 
replacement of spare parts for a period not less than ninety (90) days which shall be so indicated 
in the pertinent invoices. 
Sec. 63. Prohibitioll in Contractual Stipulation. - The stipulation in a contract of a clause 
preventing, exonerating or reducing the obligation to indemnify for damages effected, as 
provided for in this Section and in the preceding Sections, is hereby prohibited, if there is more 
than one person responsible for the cause of the damage, they shall be jointly liable for the 
redress established in the pertinent provisions of this Act. However, if the damage is caused by a 
component or part incorporated in the product or service, its manufacturer, builder or importer 
and the person who incorporated the component or part are jointly liable. 
Sec. 64. Regulation-Making Exemptions. - The fDA may promulgate regulations exempting 
from any labeling requirements of this Act food, cosmetics, drugs or devices which are, in 
accordance with the practice of trade, to be processed, labeled or repacked in substantial 
quantities at establishments other than those where originally processed, labeled or packed on 
condition that such food, cosmetics, drugs or devices are not adulterated or mislabeled under the 
provisions of this Act and other applicable laws upon approval from such processing, labeling 
and repacking establishments. 
Sec. 65. Exemptiol1s. - If the concerned department finds that for good or sufficient reasons, full 
compliance with the labeling requirements otherwise applicable under this Act is impracticable 
or is not necessary for the adequate protection of public health and safety, it shall promulgate 
regulations exempting such substances fi'om these requirements to the extent it decms consistent 
with the objective or adequately safeguarding public health and safety, and any hazardous 
substance which does not bear a label in accordance with such regulations shall be deemed as 
mislabeled hazardous substance. 
Sec. 66. Consumer Education in Schools. - The Department of Education, with the cooperation 
and advice of the National ConsumerAffairs Council created under Section 96 of this Act, shall 
develop and adopt a consumer education program which shall be integrated into existing 
curricula of i)ll public and private schools ii'om the primary to the secondary level. 
A coptinuing consumer education program for out-of-school 'youth and adults shall 
likewise be developed and undertaken. 
The consumer education program shall include information on the following: 
(a) the consumer as a responsible member of society bears the responsibility to 
the following traits and to act pursuant to such responsibilities: 
develop 
(I) critical awareness or the responsibility to be alert and questioning about the use of and 
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price and quality of goods one uses; 
(2) assel1iveness which is the responsibility to assel1 one's self and act so one is assured 
of a fair deal, aware that for as long as one remains to be a passive consumer one will 
continue to be exploitcd; 
(3) social concern which is the responsibility to be aware of the impact of his 
consumption on other citizens, especially the disadvantaged; and 
(4) environmental awareness which is the responsibility to understand the environmental 
consequences of the consumption, recognizing one's individual and social 
responsibility to conserve natural resources for future generations; 
(c) consumer rights; 
(d) the actions that may be undertaken and the agencies of the government that one can 
approach to assert one's consumer rights; 
(e) practical problems the consumer faces in daily life. 
Sec. 67. General Principles on Advertisement _. Advertising must provide the general public 
with relevant and truthful information on products and services, thereby helping consumers make 
informed choices. 
The advertising industry shall continuously improve the levels and standards of 
advertising not only to satisfactorily inform and persuade the public about the advantage and 
benefits that may be derived from products and services, but to protect as well, the rights of 
consumers to be informed adequately and to healthful and safe living conditions and 
environment. 
Sec. 68. Presentation of Advertisements - (1) Claims of products and service properties or their 
intended usage should be clearly presented and should not mislead or be likely to mislead the 
persons to wl)om they are addressed by inaccuracy, ambiguity, exaggeration or omission. 
(2) Any test I or demonstration may be used only if it directly proves ~he claimed product or 
service property or characteristics and should be presented clearly and accurately. 
(3) Corporate advertising must be fair, truthful and accurate; it should not contain any 
exaggerations or sweeping generalizations that may mislead the public regarding the advertiser 
or the attributes of its products or services. Where the advertisements contain specific claims 
regarding the company or its products or services, such claims must be verifiable and subject to 
substantiation in the saille manner as regular product or service advertisements. 
Sec. 69. Fa/se, Deceptive or Misleading Advertisements. - It shall be unlawful for any person to 
disseminate or to cause the dissemination of any false, deceptive or misleading advertisement by 
Philippine mail or in commerce by print, radio, television, outdoor advertisement, internet, 
mobile phone, or other medium for the purpose of inducing or which is likely to induce directly 
or 
indirectly 
the 
purchase 
of 
consumer 
products 
or 
services. 
An advertisemcnt shall be false, deceptive or misleading if it is not in conformity with the 
provisions of this Act or if it is misleading in respect to material content. In determining whether 
any advertisement is false, deceptive 01' misleading, there shall be taken into account, among 
other things, not only representations made or any combination thereof, but also the extent to 
which the advertisement fails to reveal material facts in the light of such representations, or 
materials with respect to consequcnces which may result from the use or application of consumer 
products 01' services to which the advertisement relates under the conditions prescribed in said 
advertisement, or under such conditions as are customary or usual. 
Sec.70. Price Comparisons. - Comparative price advertising by sellers of consumer products or 
29 
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services shall conform to the following conditions: 
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(a) Where the comparison relates to a former price of the seller, the item compared shall either 
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have been sold at that price within the ninety (90) days immediately preceding the date of the 
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advertisement, or it shall have been offered for sale for at least four (4) weeks during such 
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ninety-day period. I{ the comparison does not relate to an item sold or offered for sale during 
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the ninety-day period, the date, time or seasonal period of such sale or offer shall be disclosed 
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in the advertisement. 
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(b) Where the comparison relates to a seller's future price, the future price shall take effect on 
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the date disclosed in the advertisement or within ninety (90) days after the price comparison is 
II 
stated in the advertisement. The stated future price shall be maintained by the seller for a 
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period of at least four (4) weeks after its effective date: Provided, That compliance thereof 
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may be dispensed with in case of circumstances beyond the seller's contro!' 
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( c) Where; the comparison relates to a competitor's price, the competitor's price shall relate to 
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the consulner products or services advertised or sold in the ninety-day period and shall be 
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representative of the prices similar consumer products or scrvices are sold or advertised in the 
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locality where the price comparison was made. 
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Sec. 71. Credit Advertising. - No advertisement to aid, promote, or assist, directly or indirectly, 
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any extension of consumer credit may state that a specific periodic consumer credit amount or 
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installment amoun(can be arranged, unless the creditor usually and customarily arranges credit 
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payment or installments for that period and in that amount or state that a specified down 
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payment is required in any extension of consumer credit, unless the creditor usually or 
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customarily arranges downpayment in that amount. 
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Sec. 72. Advertising of Open-End Credit Plan. - In case of an open-end credit plan, the rate of 
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interest and other material 
f(~atures of the plan shall be disclosed in the advertisement. 
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Sec. 73. Coverage - (1) The provisions of this Act shall apply to the Philippine advertising 
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community which includes advertisers, advertising agencies, media and advertising support 
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groups. 
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(2) The provisions of this Act shall not apply to the following: 
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(2.1) 
(2.2) 
(2.3) 
public service and emergency annOlllcements of utility companies. 
religious, political and public issue advertisements and announcements, except 
where these involve or seek to promote commercial transactions. 
standard transport announcements, classified advertisements and 
obituaries. 
Sec. 74. Spec!fic Clain,s - (1) Ingredient Advertising-
(a) 
(b) 
Advertisements should not contain any reference which could lead the public to 
assume that a product contains a specific ingredient unless the ingredient's 
quantities and properties as well as the material benefit that results from its 
inclusion in the product iormulation have been technically substantiated and 
approved by the concerned department. 
Advertisements should not imply that a celiain benefit is due to a specific ingredient 
unless a· verifiable cause and effect relationship exists and approved by the 
'concerned department. 
(2) professidnal dale references - The results of bonafide research, surv~ys, or tests relating to a 
product should not be presented inaccurately or in a misleading manner in any advcliisement, 
nor should it claim any implication beyond those clearly established by research. surveyor test. 
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(3) Scientific claims - (a) Visual representations of laboratory settings and/or use of images of 
professionals in authority such as doctors may only be employed provided the research was 
conducted in the laboratory except when prohibited by existing provisions of law or policies of 
the concerned department. 
(b) In case of references to tests by professionals or institutions such as doctors, 
engineers, research foundations, documented and authoritative evidence should be submitted to 
substantiate such tests and the claims based thereon. 
(4) Number I or leadership ciaim-- No number 1 or "no. 1" claim with respect to any product or 
service shall be allowed unless it is clearly delineated and qnalified as to render the claim 
objectively verifiablc. The claim should, in any case, be substantiated. 
(5) Testimonials _. (a) Testimonial claims relating to the product being advertised should be 
genuine and trnthful and must have prior approval n·om the concerned department for use in such 
advertisement. 
(b) Individual person or persons endorsing a product or service in communication materials 
and who are presented as experts must have demonstrable credentials to substantiate the 
claimed expertise. The endorsement must be supported by an actual exercise of the 
expeltise in evaluating the product or service features or characteristics. Such evaluation 
must be relevant and available to an ordinary consumer's use of or cxperience with the 
product. 
(c) Endorsements by an organization are viewed as judgment or judgments by a group whose 
collective experience outweighs that of an individual member. The advertiser must 
provide evidence that the organization's endorsement was reached by a process sufficient 
to ensure that it ret1ects the collective judgment ofthe organization. 
(d) Endorsers shall be actual users of products they endorse. 
(e) Non-doctors shall not be allowed to endorse medicines and medical devices. 
An organization may be considered legitimate for purposes of lawfully and truthfully 
endorsing a product if it is duly registered in the Securities and Exchange Commission and can 
present proof of its existence for at least one year. 
I , 
Sec. 75. New Products. - The concerned department shall regularly update the list of new 
consumer products and to cause the publication by the respective manufacturers or importers of 
such new products with the appropriate descriptions in a newspaper of general circulation. 
Sec. 76. Additiol1al Powers, FUllctiolls alld Duties of COllce1'1led Departmellts. - In addition to 
their powers, functions and duties under existing laws, the concerned department shall pcrform 
the following powers, functions and duties: 
(a) to administer and supervise accordingly within their respective jurisdictions the 
implementation of this Act and its implementing rules and regulations; 
(b) to undertake researches, develop and establish quality and safety standards for 
consumer products in coordination with other government and private agencies closely 
associated with these products; 
(c) to inspect and analyze consumer products for purposes of determining conformity to 
established quality and safety standards; 
(d) to levy, assess, collect and retain fees as are necessary to covcr the cost of inspection, 
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certification, analysis and tests of samples of consumer products and materials 
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submitted in compliance with the provisions of this section; 
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(e) to investigate the causes of and maintain a record of product-related deaths, illnesses 
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and injuries for use in researches or studies on the prevention of such product-related 
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deaths, illnesses and injuries. 
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(f) to accredit independent, competent non-government bodies, to assist in (1) monitoring 
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the market fo·r the presence of hazardous or non-certified products and other forms of 
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violations under Section 84 ofthis Act and (2) other appropriate means to expand the 
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monitoring and enforcement outreach of the department in relation to its manpowcr, 
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testing and certification resources at a given time. 
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(g) to accredit independent competent testing laboratories. 
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Sec. 77. Applicable Law on Warranties. - The provisions of the Civil Code on conditions and 
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watmnties 
shall 
govern 
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contracts 
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with 
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warranties. 
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Sec. 78. Additional Provisions on Warranties. - In addition to the Civil Code provisions on sale 
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with warranfies, the following provisions shall govern the sale of consumer products with 
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warranty: 
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(a) Terms of express warranty. - Any seller or manufacturer who gives an express warranty shall: 
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(1) set forth the terms of warranty in clear and readily understandable language and clearly 
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identify himself as the warrantor; 
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(2) identify the patty to whom the warranty is extended; 
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(3) state the products or parls covered; 
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(4) slate whal the warrantor will do in the event of a defect, malfunction of failure to 
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conform to the written warranty and at whose expense; 
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(5) state what the consumer must do to avail of the rights which accrue to the warranty; and 
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(6) stipulate the period within which, after notice of defect, malfunction or failure to 
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conform to the warranty, the warrantor will perform any obligation under the warranty. 
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(b) Express warranly - All written warranties or guarantees issued by a manufacturer, producer, 
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or importer shall be operative from the moment of sale. 
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(l) Sales Report. - All sales made by distributors of products covered by this Section shall 
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be reported to the manufacturer, producer, or importer of the product sold within thirty 
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(30) days from date of purchase, unless otherwise agreed upon. The report shall 
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contain, among others, the date of purchase, model of the product bought, its serial 
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number, name and address of the buyer .. The report made in accordance with this 
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provision shall be equivalent to a warranty registration with the manufacturer, producer, 
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or importer. Such registration is sutIicient to hold the manufacturer, producer, or 
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importer liable, in appropriate cases, under its warranty. 
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(2) Failure to make or send report. - Failure of the distributor to make the repol1 or send 
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lhem the form required by the manufacturer, producer, or importer shall relieve the 
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latter of its liability under the warranty: Provided, however, That the distributor who 
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failed to comply with its obligation to send the sales reports shall be personally liable 
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under the warranty. For this purpose, the manufacturer shall be obligated to make good 
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the warranty at the expense of the distributor. 
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(3) Retail. - The retailer shall be subsidiarily liable under the warranty in case of failure of 
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both the manufacturer and distributor to honor the warranty. In such case, the retailer 
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shall shoulder the expenses and costs necessary to honor the warranty. Nothing therein 
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shall prevent the retailer from proceeding against the distributor or manufacturer. 
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(4) Enforcement of warranty or guarantee. - - The warranty rights can be enforced by 
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presentment of a claim. To this end, the purchaser needs only to present to the 
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immediate seller either the warranty card or the official receipt.along with the product 
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to b~ serviced or returned to the immediate seller. No other requirement documentary or 
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otherwise shall be demanded fi'om the purchaser. If the immediate seller is the 
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manufacturer'.s factory or showroom, the warranty shall immediately be honored. If the 
8 
product was purchased from a distributor, the distributor shall likewise immediately 
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honor the warranty. In the case of a retailer other than the distributor, the former shall 
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take responsibility without cost to the buyer of presenting the warranty claim to the 
II 
distributor in the consumer's behalf. 
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(5) Record of purchases. - Distributors and retailers covered by this Section shall keep a 
14 
record of all purchases covered by a warranty or guarantee for such period of time 
IS 
corresponding to the lifetime of the product's respective warranties or guarantees. 
16 
(7) Contrary stipulations - All covenants, stipulations or agreements contrary to the 
17 
provisions of this Section shall be without legal effect. 
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(c) Designation of warranties. - A written warranty shall clearly and conspicuously designate 
20 
such warranty as: 
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(1) "Full warranty" if the written warranty meets the minimnm requirements set forth in 
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paragraph( d); or 
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(2) "Limited warranty" ifthe written warranty does not meet such minimum requirements. 
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(d) Minimum standards/ilr warranties. - For the warrantor of a consnmer product to meet the 
28 
minimum standards for warranty, he shall: 
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(I) remedy such consumer product within a reasonable time and without charge in case of a 
31 
defect, 
malfunction 
or 
failure 
to 
conform 
to 
such 
written 
warranty; 
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(2) permit the consumer to elect whether to ask for a refund or replacement without charge 
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of such product or part, as the case may be, where after reasonable number of attempts 
35 
to remedy the defect or malfunction, the product continues to have the defect or to 
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malfunction. 
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The warrantor will not be required to perform the above duties if he can show that the 
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defect, malfunctiori or failure to conform to a written warranty was caused by damage due to 
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unreasonable use thereof. 
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(e) Duration of warranty. - The seller and the consumer may stipulate the period within which 
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the express warranty shall be enforceable. If the implied warranty on merchantability 
44 
accomp~hies 
an 
express 
warranty, 
both 
will 
be 
of 
equal 
duration. 
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Any other implied warranty shall endure not less than sixty (60) days nor more than one (I) 
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year following the sale of new consumer products. 
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(1) Breach of warranties. - (I) In case of breach of express warranty, the consumer may elect to 
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have the goods repaired or its purchase price refunded by the warrantor. In case the repair of 
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the product in whole or in part is elected, the warranty work must be made to conform to the 
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express warranty within thirty (30) days by either the warrantor or his representative. The 
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thirty-day period, however, may be extended by conditions which are beyond the control of 
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the warrantor or his representative. In case the refund of the purchase price is elected, the 
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amount directly attributable to the use of the consumer prior to the discovery of the non-
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conformity shall be deducted. 
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(2) In case of breach of implied warranty, the consumer may retain the goods and recover 
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damages, or reject the goods, cancel the contract and recover from the seller so much of the 
pmchase price as has been paid, including damages. 
(3) Manufacturer's or distributors must maintain a service center that consumers can easily 
reach for complaints and inquiries by phone, email, or other effective means. Consumers 
must not be made to suiTer great inconveniences in contacting manufacturers to claim 
warranties and other needed services. 
Sec. 79. Warranties in Supply of Services. -
(a) In every contract for the supply of services to a consumer made by a seller in the comse 
of a business, there is an implied warranty that the service will be rendered with due care 
and skill and that any material supplied in connection with such services will be 
reasonably fit for the purpose for which it is supplied. 
(£) 
Where a seller supplies consumer services in the course of a business and the consumer, 
expressly or by implication, makes known to the seller the particular purpose for which 
the services are required, there is an implied warranty that the services supplied under the 
contract and any material supplied in connection therewith will be reasonably fit for that 
purpose or are of such a nature or quality that they might reasonably be expected to 
achieve that result, unless the circumstances show that the consumer does not rely or that 
it is unreasonable for him to rely, on the seller's skill or judgment. 
Sec. 80. Professio11al Services. - The provision of this Act on warranty shall not apply to 
professional services of certified public accountants, architects, engineers, lawyers, veterinarians, 
optometrists'b' pharmacists, nmses, nutritionists, dietitians, physical ther<;lpists, brokers, medical 
and dental 
ractitioners and other professionals engaged in their respective professional 
endeavors. 
Sec. 81. Prohibited Acts. It shall be unlawful for any person to: 
(a) manufacture for sale, otfer for sale, distribute in commerce, or import into the Philippines 
any consumer product which is not in conformity with an applicable consumer product 
quality or safety standard promulgated in this Act; 
(b) manufacture for sale, offer for sale, distribute in commerce, or import into the Philippines 
any consumer product which has been declared as banned consumer product by a rule in 
this Act; 
( c) refuse access to or copying of pertinent records or fail or refuse to permit entry of or 
inspection by authorized officers or employees of the department; 
(d) fail to comply with an order issued under the provisions relating to notifications of 
substantial product hazards and to recall, repair, replacement or refund of unsafe 
products; 
( e) fail to comply with (he rule prohibiting stockpiling. 
(£) forge, counterfeit, simulate, or falsely represent or without proper authority use any mark, 
stamp, tag, label, or other identification device authorized or required by regulations 
promulgated under the provisions of (his Act; 
(g) use to one's own advantage, or revealing, other than to the Department or to the courts 
when relevant in any judicial proceeding under this Act, any information concerning any 
method or process which as a trade secret is entitled to protection; 
(h) alter, mutilate, destroy, obliterate, or remove the whole or any part of the labeling of, or 
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the doing of any other act with respect to a food, drug, device, or cosmetic, if such act is 
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done while such product is held for sale (whether or not the first sale) and results in such 
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product being adulterated or mislabeled; 
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(i) use, in labeling, advertising or other sales promotion, of any reference to any report or 
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analysis furnished in compliancc with Section 19 of Executive Order 175, series of 1987 
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as amended by tZepublic Act 9711; 
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(j) manufacture, import, export, sell, offer for sale, distribute, or transfer any health product 
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which is not registered with the Department pursuant to RA' 3720 as amended by 
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Republic Act 9711; 
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(k) introduce or deliver for introduction into commerce of any mislabeled, adulterated or 
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banned consumer or health product; 
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(1) alter, mutilate, destroy, obliterate or remove the whole or any part of the label of a 
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mislabeled, or banned consumer or health product if such act is done while the substance 
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is in commerce or while the substance is held for sale, whether or not it is the first sale; 
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(m)receive in commerce any mislabeled, adulterated or banned consumer or health product 
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and the delivery or preferred delivery thereof at cost or otherwise; 
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(n) refuse without any valid legal canse by the local manufacturer or any person obligated 
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under the warranty or guarantee to honor a warranty or guarantee issued; 
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(0) unreasonably delay by the local manufacturer or any person obligated under the warranty 
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or guarantee in honoring the warranty; 
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(p) remove a product's warranty card for the purpose of evading said warranty obligation; 
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(q) falsely represent in an advertisement as to the existence of a warranty or guarantee. 
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It shall be unlawful for airline companies operating in the Philippines to: 
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(r) charge a rebooking fee of more than Two hundred pesos (PhP200). 
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(s) charge an amount of more than Three hundred pesos (PhP300.00) for cancellation fees, 
38 
no show fees 01' any other penalties related to cancellation and rebooking of flights. 
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(t) enforce a forfeiture policy whereby a passenger who has bought a ticket but misses his 
41 
flight is not allowed or cannot rebook his ticket nor be refunded the fare amount. 
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(u) Forego in their advertisements the exact number of seat per flight that they have allocated 
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for their promo fares. 
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Sec. 82. Fraudulent Practices Relative to Weights and Measures. - The following acts relating 
47 
to weights and measures are prohibited: 
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(a) for ~ny person other than the official sealer or one's duly authorized representative to 
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place or attach an official tag, seal, sticker. mark, stamp, brand or other characteristic sign 
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used to indicate that such instrument of weight and measure has officially been tested, 
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calibrated, sealed or inspected; 
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(b) for any person to imitate any seal, sticker, mark, stamp, brand, tag or other characteristic 
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sign used to indicate that such instrument of weight or measures has been officially 
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tested, calibrated, sealed or inspected; 
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(c) for ~my person other than the o1l:icial sealer or one's duly authorized representative to 
alter in any way the certificate or receipt given by the official sealer or the duly 
authorized representative as an acknowledgment that the instrument for determining 
weight or measure has been fully tested, calibrated, sealed or inspected; 
(d) for any person 'to make or knowingly sell or use any false or counterfeit seal, sticker, 
brand, stamp, tag, certificate or license or any dye for printing or making the same or any 
characteristic sign used to indicate that such instrument of wcight or measure has been 
oHicially tested, calibrated, sealed or inspected; 
(e) for any person other than the official sealer or the duly authorized representative to alter 
the written or printed flgures, letters or symbols on any official seal, sticker, receipt, 
stamp, tag, certificate or license used or issued; 
(f) for any person to use or reuse any restored, altered, expired, damaged stamp, tag 
certiflcate or license for the purpose of making it appear that the instrument of weight of 
measure has been tested, calibrated, sealed or inspected; 
(g) for any person engaged in the buying and selling of consumer products or of furnishing 
services the value of which is estimated by weight or measure to possess, use or maintain 
with intention to use any scale, balance, weight or measure that has not been sealed or if 
previously sealed, the license therefor has expired and has not been renewed in due time; 
(h) for any person to fraudulently alter any scale, balance, weight, or measure after it is 
officially sealed; 
(i) for any person to knowingly use any false scale, balance, weight or measure, whether 
sealed 01' not; 
U) for any person to fraudulently give short weight or measure in the making of a scale; 
I 
(k) for at~y person, assuming to determine truly the weight or measure of any article bought 
or sold by weight or measure, to traudulently misrepresent the weight or measure thereof; 
or 
(I) for any person to procure the commlSSlon of any such offense abovementioned by 
another. 
Instruments officially sealed at some previous time which have remained unaltered and 
accurate and the seal or tag oflicially affixed thereto remains intact and in tbe same position and 
condition in which it was placed by the otlicial sealer or the duly authorized representative shall, 
if presented for sealing, be sealed promptly on demand by the official sealer or the authorized 
representative without penalty except a surcharge fixed by law or regulation. 
Sec. 83. Minimum Requirements for Accreditation, - The following shall be the minimum 
requirements for accreditation or repair and service firms: 
(a) the duly registered business name, linn name or style of the firm; 
(b) date of issue and effectivity of the certificate of accreditation; 
(c) number and skills of technical personnel; and 
(d) required license for thc repair or servicing of any consumer product as required by 
special laws .. 
Sec. 84. Accreditation of Repair and Service Firm. - No person shall operate a repair and 
service firm or act as technical personnel therein without flrst being accredited by the concerned 
deparlment. 
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Sec. 85. Certification of Accreditation. - Upon compliance with the requirements for 
accreditation, the concerned department shall issue the corresponding certificate of accreditation. 
A separate certificate shall be required for each branch of an enterprise located in areas outside of 
the main office. However, with respect to repair and service centers of Jactory authorized 
representatives of franchised dealers, such centers may display a certified true copy of the 
certificate of accreditation of the parent company. 
Sec. 86. Suspensio11, Revocatio11 or Cancellation of Certification of Accreditatio11. - Any 
certificate of accreditation may be suspended, revoked or cancelled by the concerned department, 
for cause, alter due notice and hearing. 
Sec. 87. Distribution Facilities for Essential Consumer Goods and Services. - (a) The State 
shall, where appropriate, consider: 
I 
(i) Adopting or maintaining policies to ensure the efficient distribution of goods and 
servic~s to consumers; where appropriate, specific policies should be considered to 
ensure the distribution of essential goods and services where this distribution is 
endangered, as could be the case particularly in rural areas. Such policies could include 
assistance for the creation of adequate storage and retail facilities in rural centers, 
incentives lor consumer self-help and better control of the conditions under which 
essential goods and services are provided in rural areas; 
(ii) Encouraging the establishment of consumer cooperatives and related trading 
activities, as well as information about them, especially in rural areas. 
(b) Manufacturers and distributors of food and beverage products are required to assist the 
government in raising public awareness on the significance of adequate labeling and in the 
interpretation of information and data contained on such labels. They shall endeavor to assist in 
educating consumers insofar as quality products are concerned. 
Sec. 88. Consumer Complaints. - The concerned Department as specified in Section 8 ofthis Act 
may commence 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 commence formal administrative action against any person who appears 
responsible lherefor. 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 b'11eVances. 
The State shall encourage all enterprises to resolve consumer disputes in a fair, 
expeditious and informal manner, and to establish voluntary mechanisms, including advisory 
services and informal complaints procedures, which can provide assistance to consumers. 
Sec. 89. Consumer Arbitration Officers. - The concerned Department Secretaries shaH appoint 
as many qualified consumer arbitration officers as may be necessary for the effective and 
efficient protection of consumer rights: Provided, Howevel; That there shall be not more than ten 
(10) consumer arbitration officers per province, including the National Capital Region. 
Sec. 90. Consumer Arbitration Officers; Qualifications. - The consumer arbitration officer must 
be a college graduate with at least three (3) years experience in the field of consumer protection 
and shaH be of good moral character. 
Sec. 91. Arbitration Q[ficers; Jurisdictio11. - The consumer arbitra.tion officers shall have 
original and exclusive jurisdiction to mediate, conciliate, hear and adjudicate all consumer 
complaints: PrOVided, however, That this does not preclude the parties /Tom pursuing the proper 
judicial action. 
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Sec. 92. Investigation Procedure. -
3 
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(a) The consumer arbitration officer shall conduct hearings on any complaint received by him 
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or referred by the'National Consumer Affairs Council created under Section 96 of this Act. 
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7 
(b) Parties to the case shall be entitled to notice of the hearing, and shall be informed of the 
8 
date, time and place ofthe same. A copy orthe complaint shall be attached to the notice. 
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10 
(c) The Departmcnt shall afrord all interested parties the opportunity to submit a statement of 
11 
facts, arguments, otfers of settlements or proposals of adjustments. 
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(d) The consumer arbitration officer shall first and foremost ensure that the contending parties 
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come to a settlement ofthe case. 
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( e) In the event that a settlement has not been effected, the arbitration officer may now 
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procecd to formally investigate, hear and decide the case. 
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(f) The consumer arbitration officer may summon witnesses, administer oaths and 
20 
affirmations, issue subpoena and subpoena duces tecum, rule upon offers of proof and 
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receive relevant evidence, take or cause deposition to be taken whenever the ends of 
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justice would be served thereby, regulate the course of the hearing, rule on any procedural 
23 
request or similar matter and decide the complaint. 
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In hearing the complaint, the mediation officer shall use every and all reasonable means 
25 
to ascertain the facts in each complaint speedily and objectively without regard to strict rules of 
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evidence prevailing in suits before courts. The complaints shall be decided within fifteen (15) 
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days from the time the investigation was terminated. 
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Sec. 93. Administrative Sanctions. - After investigation, any of the following administrative 
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penalties may be imposed even if.not prayed for in the complaint: 
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(a) the issuance of a cease and desist order, Provided, however, That such order shall specify 
33 
the acts that respondent shall cease and desist from and shall require him to submit a report of 
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compliance therewith within a reasonable time; 
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(b) the '1cceptance of a voluntary assurance of compliancc or discontinuance from the 
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respondeJ~t which. may include any or all of the following . terms and conditions: 
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(1) an assurance to comply with the provisions of this Act and its implementing rules and 
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regulations; 
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(2) an assurance to refrain from engaging in unlawful acts and practices or unfair or 
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unethical trade practices subject of the formal investigation; 
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(3) an assurance to comply with the terms and conditions specified in the consumer 
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transaction subject of the complaint; 
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(4) an assurance to recall, replace, repair, or refund the money value of defective products 
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distributed in commerce; 
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(5) an asslirance to reimburse the complaint out of any money or property in connection 
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with the complaint, including expenses in making or pursuing the complaint, if any, and 
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to me a bond ·to guarantee compliance therewith. 
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(c) restitution or rescission of the contract without damages; 
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(d) condemnation and seizure of the consumer product fonnd to be hazardous to health and 
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safety unless the respondent files a bond to answer for any damage or injUly that may arise 
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from the continued use of the product; 
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( e) automatic cancellation of a business name; 
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(f) if the penalty under a separate law is higher, the higher penalty shall apply. 
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. (g) the imposition of any of the penalties herein provided is without prejudice to any liability 
9 
incurred under the warranty or guarantee. 
10 
II 
(h) the imposition of administrative fines in such amount as deemed reasonable by the 
12 
Department Secretary, which shall in no case be less than Fifty Thousand Pesos 
13 
(PhP50,000.00) nor more than One Million Pesos (PhPI,OOO,OOO.OO) depending onthe gravity 
14 
of the offense, and an additional finc of not less than One Thousand Pesos (PhPI,OOO.OO) of 
15 
each day of continuing violation. 
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(i) if the administrative sanction under a separate law is higher, the higher penalty shall apply. 
18 
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Sec. 94. Appealfi'om Orders. - Any order, not interlocutory of the consumer arbitration officer, 
20 
becomes final and executOlY unless appealed to the Department Secretary concerned within 
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fifteen (15) qays from receipt of such order. An appeal may be entertained only on any of the 
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following grounds: 
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(a) grave abuse of discretion; 
25 
(b) the order is in excess of the jurisdiction or authority of the consumer arbitration officer; 
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(c) the order is not supported by the evidence or there is serious error in the findings of 
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facts. 
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Sec. 95. Decisioll 011 Appeal. - The Department Secretary concerned shall decide the appeal 
30 
within thirty (30) days from receipt thereof. The decision becomes final after fifteen (15) days 
31 
from receipt thereof unless a petition for certiorari is filed with the proper court. 
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Sec. 96. The National Consumer Affairs COUllcil.- To improve. the management, coordination 
34 
and effectiveness of consumer programs, a National Consumer Affairs Council is hereby created, 
35 
hereinafter referred to as the "Council" which shall be attached under the Depmiment of Trade 
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& Industry. 
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Sec. 97. Composition. The Council shall be composed of representatives from the following 
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government agencies and non-government organizations: 
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a) Depmiment of Trade and Industry 
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b) Department of Health 
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c) Department of Agriculture 
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d) Department of Education 
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e) Bangko Sentrai ng Pilipinos 
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f) Department of Energy 
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g) FOllr (4) representatives from the registered consumer organizations to be 
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appointed by the President from among its nominees submitted by the various 
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consumer groups in the Philippines; and 
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h) Two (2) representatives from the business/industry sector to be appointed by 
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the President ti'om among the nominees submitted by the various business 
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organizations. 
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Government agency members of the Council shall be represented by no less thml an 
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Assistant Secretary or its equivalent rank. 
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Sec. 98. Chairman; FUllctions. - The Council shall be headed and presided by the Secretary of 
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the Department of Trade and Industry. The Secretary shall establish, with the concurrence of the 
Council, the policies, procedures and standards to govern the implementation and interpretation 
of the functiops and duties of the Council. 
Sec. 99. Pel' i!iems of Members. - The members of the Council shall rec~ive per diems for every 
meeting actually attended at rates allowed under existing rules and regulations. 
Sec. 100. The Council Secretariat. - The Council shall appoint an Executivc Director who 
shall assist the Chairman and act as Secretary of the Council. The Council shall be assisted by 
such number of personnel as it may deem necessary for the efIective performance of its 
functions. 
Sec. 101. Powers andFunctiolls of the Council. - The Council shall have the following powers 
and functions: 
a) 
to rationalize and coordinate the functions of the agencies charged with consumer 
programs and enforcement of consumer related laws to the end that an eJIective, 
coordinated and integrated system of consumer protection, research and 
implementation and enforcement of such laws shall be achieved; 
b) 
to recommend new policies and legislation or amendments to existing ones; 
c) 
to monitor and evaluate implementation of consumer programs and projects and to 
take appropriate steps to ensure that cohcerned agencies take appropriate steps to 
comply with the established priorities, standards and guidelines; 
d) 
to seek the assistance of government instrumentalities in the form of augmenting 
the need for personnel, facilities and other resources; 
e) 
to undertake a continuing education and information campaign to provide the 
consumer with, among others; 
I) facts about consumer products and services; 
2) consumer rights and the mechanism for redress available to him; 
3) information on new concepts and developments 011 consumer protection; 
and 
4) general knowledge and awareness necessary for a critical and better 
judgment on consumption; 
5) such other matters of importance to the conswner's general well-being. 
J) 
to prepare the annual work and financial plan or the Council for consolidation 
with the bndget of the Office of the President and for submission to the 
Department of Budget and Management; 
g) 
in general, to promulgate such rules and regnlations and to undertake such other 
functions and duties as maybe essential and necessary to carry out the powers and 
functions of the Council. 
Sec. 102. 
! Consumer and Consumer Organizations' Pllrticipation. -
The concerned 
departme~lts I'shall extend support and establish procedure.s for recognition of the mea~ingful 
parllclpallon by consumers or consumer orgamzatlOns m the development and revIew of 
department rules, policies, and programs. Such procedures shall include provisions for a forum, 
where consumers can express their concerns and recommendations to decision-makers. The 
departments shall exert efforts to inform consumers of pending proceedings where their 
participation is important. Consumer representatives to the implementing agencies and other 
public bodies shall be given full support and regular briefings by the concerned agencies, as well 
as by the organizations that nominated them. 
Sec. 103. Transitory Provision. - Until such time that the National Consumer Affairs Council 
established under Sec.tion 96 of this Act is organized, the appointed members of the Council 
pursuant to Republic Act 7394, shall serve in a hold-over capacity. 
Sec. 104. Creation of the Consumel'Net; Rationale. - To meet the objectives to protect the 
interest of the consumer, promote his general welfare and establish standards of business and 
industJy, a ConsumerNet, an inter-government agency cooperation for consumer welfare and 
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protection, is hereby established to address consumer-related complaints or inquiries. 
The ConsumerNet will strengthen the networking among member government agencies 
and local government units (LGUs) identified under the ConsumerNet, particularly tasked to 
provide and deliver consumer welfare and protection services and support activities to all 
consumers. 
A network among government consumer-oriented agencies proves to be an essential 
vehicle in establishing redress mechanism and effective action for the speedy resolution of 
consumer issues and complaints, facilitate the flow of information and provide an avenue in 
establishing linkage 
It is under this context that a swift redress mechanism through the use of a dynamic and 
integrated web-based information technology shall be established and implemented among 
government consumer-oriented agencies in order to extend full support in resolving 
issues/concerns/complaints. 
Sec. 105. Objectives. -
The ConsumerNet t shall have the following objectives: 
(a) 
(b) 
(c) 
to strengthen networking among government agencies and local government lmits 
with consumer protection functions in order to facilitate the timely flow of 
accurate and relevant information to consumers and member agencies andlor 
offices; 
to establish frontline facilities for consumer queries and concerns: to establish a 
I systematic and effective action on consumer issues and complaints; and 
to provide an avenue for greater collaboration and complementation among 
I themselves. 
Sec. 106. Composition. -
The ConsumerNet shall consist of an Executive Committee and a 
Technical Working Committee, with the following composition: 
1. The Executive Committee shall be composed of the following government agencIes: 
(a) 
Department of Trade And Industry 
(b) 
Department of Agriculture 
(c) 
Department of Health 
(d) 
Depatiment of Education 
(e) 
Department of Energy 
(f) 
Department of Transportation and Commnnications 
2. The Technical Working Committee shall be composed of the following government agencies 
and/or other concerned agencies and units: 
(a) 
(b) 
(c) 
(d) 
(e) 
(f) 
(g) 
(h) 
(i) 
(j) 
(k) 
Department of Trade And Industry - Bureau of Trade Regulation and Consumer 
Protection (DTI-BTRCP) 
Department of Agriculture 
Department of Health 
Depatiment Of Education-Special Events Unit 
Department of Energy - Consumer Welfare And Promotion Office 
Department Of Environment atld Natura! Resources - Environmental Management 
Bureau 
Department of the Interior and Local Government 
Department of Transportation and Communication - National Telecommunication 
Commission atld the Civil Aviation Board (CAB) 
Land Tratlsportation Franchising Regulatory Board 
Metropolitan Waterworks And Sewerage System 
Bangko Sentral Ng Pilip ina.\'- Consumer Welfare Unit, Corporate Affairs Office, 
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Supervision and Examination Department 
(1) 
Securities And Exchange Commission- Compliance and Enforcement Department 
Government agency members of the Executive Committee shall be represented by no less 
than an Assistant Secretary or its equivalent rank, while those in the Technical Working 
Committee shall be represented by a Bureau Director or its equivalent rank. 
Sec. 107. Functions and Powers. The ConsumerNet shall be mandated: 
I 
(a) I to monitor, facilitate and take appropriate actions on the speedy resolution of 
consumer issues/concerns, inquiries and 
complaints endorsed to concerned 
member agencics, 
(b) 
to prepare a ConsumerNet action or commitment and financial plan on the basis 
of submitted agency/o1Tice work plan 
Sec. 108. Organiza(ioll. The DTI Undcrsecretary for Consumer Welfare and Trade Regulation 
Group shall be the Chairperson of the ConsumerNet. The Chairperson shall convene and preside 
the 
quarterly meeting of the member agency of the ConsumerNet and other participating 
government agencies. The Regional Director of the DTI shall be the Chairperson of the 
ConsumerNet in the region, and he shall assist, support, recommend, facilitate, coordinate and 
collaborate in the effective and emcient performance of the functions and responsibilities of the 
ConsumerNet 
Sec. 109. Participatioll f!l Other Governmellt Agellcies. The ConsumerN et shall seek the 
assistance of other government agencies who are not members of the technical working 
committee, but, which are by their charter performing frontline activities that are related to 
consumer welfare and protection, whenever deemed necessary in the effective and efficient 
discharge of its functions and responsibilities under this Act. 
Sec. 110. The COllsumerNet Secretariat. The DTI-Bureau of Trade Regulation and Consumer 
Protection and the Regional Office of the DTI and/or their successor agencies and units shall 
respectively act as the Secretariat to the ConsumerNet. 
Sec. 111. Prescriptioll. - All actions or claims accruing under the provisions of this Act and the 
rules and regulations issued pursuant thereto shall prescribe within three (3) years from the time 
the consumer transaction was consummated or the deceptive or unfair and unconscionable sales 
act or practice was committed and in case of hidden defects, from discovery thereof. 
Sec. 112. Pella/ties. - (a) Any person, association, partnership or corporation who shall 
violate any of the provisions of Sections 69 to 72 hereof shall, upon conviction, be subject 
to a fine of not less than Fifty Thousand Pesos (PhP50,000.00) but not more than One 
Million Pesos (PhPI,OOO,OOO.OO) or an imprisonment of not less than three (3) years but 
not more than seven (7) years or both upon the discretion of the court. 
(b) Any violation of the provisions of Sections 35 to 40 hereof shall, upon conviction, 
subject the 01fenders to a fine of not less than Fifty Thousand Pesos (PhP50,OOO.00) but not 
more than One Million Pesos (PhPI,OOO,OOO.OO) or an imprisonment of not less than three 
(3) years but not more than seven (7) years or both upon the discretion of the court. If the 
violation wJs committed by a juridical person, the manager, representative, director, agent 
or employe~ of said juridical person responsible for the act shall be' deported after service 
of sentence and payment of the fine without need for further deportation proceedings. 
(c) Any person who violates the provisions of Sections 24 to 26 hereof for the first time 
shall be subject to a fine of not less than Fifty Thousand Pesos (PhP50,000.00) but not 
more than One Million Pesos (PhP I ,000,000.00) or an imprisonment of not less than three 
(3) years but not more than seven (7) years or both upon 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. 
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(d) Any person who shall violate the provisions of Section 77 hereof shall be subject to a fine of 
3 
not less than Fifty Thousand Pesos (PhP50.000.00) but not more than One Million Pesos 
4 
(1'h1'1,000,000.00) or an imprisonment of not less than three (3) years but not more than seven 
5 
(7) years Of both upon the discretion of the court. A second conviction under this paragraph shall 
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also carry with it the penalty or revocation of the business permit and license. 
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( e) Any person, natural. or juridical, committing any of the illegal acts provided for in Sections 78 
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to 81 hereof, shall be liable for a fine of not less than Fifty thousand pesos (1'hP50,000.00) but 
10 
not more than One million pesos (PhP1,000,000.00) or an imprisonment of not less than three (3) 
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years but not more than seven (7) years or both upon the discretion of the court. The imposition 
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of any of the penalties herein provided is without prejudice to any liability incurred under the 
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warranty or guarantee. 
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Sec. 113. Exemptioll from Pellalties. - No publisher, radio broadcast. television licensee or 
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medium [or the dissemination of advertising shall be liable, under this Act, by reason of their 
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dissemination of any false advertisement unless they refuse, on the request of appropriate 
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authorities, to furnish the name and post office address o[ the manufacturer, packer, distributor 
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seller or advertising agency. This exemption shall not apply however, to the manufacturer, 
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packer, distributor or seller of the consumer product or service and the advertising agency 
2 I 
responsible for the false and misleading advertising. 
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Sec. 114. Implementing Rules and Reguilltions. ~ Within one hundred twenty (120) days from 
24 
the effectivity of this "Act, the DTI shall in consultation with all the stakeholders concerned, 
25 
promulgate the Implementing Rules and Regulations (IRR) of this Act. 
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Sec. 115. Appropriatiolls. ~ The amount necessary to implement the provisions ofthis Act shall 
28 
be included in the annual General Appropriations Act. 
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Sec. 116. Separllbility Cilluse. ~ If any of the provision of this Act is held unconstitutional or 
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invalid, the r~mainder of the Act or the provision not otherwise affected shall remain valid and 
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subsisting. 
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Sec. 117. Repealing Clause. ~ Any law, presidential decree or issuance, executive order, 
35 
administrative rule or regulation contrary to or inconsistent with the provisions of this Act is 
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hereby repealed, modiJied or amended accordingly. 
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Sec. 118. Effectivity Clause. This Act shall take eilect fifteen (15) days from the date of 
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publication in at least t)'Yo (2) newspapers o[ general circulation. 
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Approved. 
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