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DTI Issues Guidance on Eight (8) Basic Consumer Rights

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The Department of Trade and Industry issued Policy Advisory 22-01 to elucidate the legal bases of the eight (8) basic consumer rights under relevant laws, to ensure that consumers are guided properly on which laws to invoke in reference to their rights.

 

The eight (8) basic consumer rights and their legal bases are as follows:

 

1. The Right to Basic Needs

 

This refers to the right to have access to basic, essential goods and services  such as adequate food, clothing, shelter, health care, education, public utilities, water and sanitation. For the protection of this right, the following may be invoked:

 

      1. The 1987 Constitution, Article XIII, Section 9 on Urban Land Reform and  Housing 
      2. Republic Act No. 7581, or the Price Act, as amended: 
        • Section 2: Declaration of Basic Policy 
        • Section 5: Illegal Acts of Price Manipulation
        • Section 6: Automatic Price Control 
        • Section 7: Mandated Price Ceiling
      3. Republic Act No. 7160, or the Local Government Code of 1991: 
        • Section 447(5.11-V): Powers, Duties, Functions and Compensation (Municipality) 
        • Section 458(5.11-V): Powers, Duties, Functions and Compensation (City) 
        • Section 456: Powers, Duties, Functions and Compensation (Province) 

 

2. The Right to Safety

 

This is the right to be protected against products, production processes and  services that are hazardous to health or life. This right is protected under the following laws:

 

      1. Republic Act No. 7394 or the Consumer Act of the Philippines: 
        • Article 2(a): Declaration of Basic Principles 
        • Title II Chapter 1: Consumer Product Quality and Safety 
        • Title II Chapter II: Food, Drugs, Cosmetic and Devices 
        • Title II Chapter III: Hazardous Substance 
      2. Republic Act No. 10611 or the Food Safety Act of 2013: 
        • Section 5: Food Safety Requirements 
        • Section 6: Food Law Objectives 
        • Section 7: Use of Science-based Risk Analysis 
        • Section 8: Protection of Consumer Interest
        • Section 9: Setting of Food Safety Standards 
        • Section 12: Application to Trade 
        • Section 13: Principal Responsibility of Food Business Operators 
        • Section 14: Specific Responsibilities of Food Business Operators 
      3. Republic Act No. 7160 or the Local Government Code of 1991, Section 478 on Qualifications, Power and Duties (Health Officer) 

 

3. The Right to Information

 

This refers to the right to be given the facts needed to make an informed choice, and to be protected against dishonest or misleading advertising and labelling. In relation to this, the following may be invoked:

 

      1. Republic Act No. 7394 or the Consumer Act of the Philippines: Title III on  Protection Against Deceptive, Unfair and Unconscionable Sales Acts or Practices:  
        • Chapter I: Deceptive, Unfair and Unconscionable Sales Acts or Practices 
        • Chapter II: Regulation of Practices Relative to Weights and Measures 
        • Chapter VI: Advertising and Sales Promotion 
      2. Republic Act No. 10909 or the No Shortchanging Act of 2016: 
        • Section 2(c): Declaration of Policy 
        • Section 3(1): Definition of Terms 
        • Section 4(c): Regulated Acts 

 

4. The Right to Choose

 

This refers to the right to be able to select from a range of products and services, offered at competitive prices with an assurance of satisfactory quality. This right is protected under the following:

 

      1. Republic Act No. 10667 or the Philippine Competition Act:  
        • Section 2: Declaration of Policy 
        • Section 12(m): Powers and Functions 
        • Section 14: Anti-Competitive Agreements 
        • Section 32: Relationship With Sector Regulators 

 

5. The Right to Representation

 

This is the right to have consumer interests represented in the  making and execution of government policy, and in the development of products  and services. The following may be invoked:

 

      1. Republic Act No. 7394 or the Consumer Act of the Philippines, Article 156 on  Consumer Participation 
      2. Republic Act No. 7581 or the Price Act, as amended, Section 11 on Price  Coordinating Council 

 

6. The Right to Redress

 

This means that consumers have the right to receive a fair settlement of just claims, including compensation for misrepresentation, shoddy goods or unsatisfactory services. This right is protected under the following laws:

 

      1. Republic Act No. 7394 or the Consumer Act of the Philippines: 
        • Article 2: Declaration of Basic Policy 
        • Article 11: Amendment and Revocation of Declaration of the Injurious, Unsafe or Dangerous Character of a Consumer Product 
        • Article 68: Additional Provisions on Warranties 
        • Article 97: Liability for Defective Products 
        • Article 100: Liability for Product and Service Imperfection 
        • Article 101: Liability for Product Quality Imperfection 
        • Article 102: Liability for Service Quality Imperfection 
        • Article 106: Prohibition in Contractual Stipulation 
        • Article 122(b): Injunctive Relief 
      2. Republic Act No. 8293 or the Intellectual Code of the Philippines, Section 169 on False Designation of Origin; False Description or Representation 

 

7. The Right to Consumer Education

 

This refers to the right to acquire knowledge and skills needed to  make informed, confident choices about goods and services, while being aware of basic consumer rights and responsibilities and how to act on them. The following may be invoked:

 

      1. Republic Act No. 7394 or the Consumer Act of the Philippines, Article 2(c) on  the Declaration of Basic Policy 
      2. Republic Act No. 3720, as amended, or the Food, Drug, and Cosmetic Act,  Section 29 on Publicity 
      3. Republic Act No. 9211 or the Tobacco Regulation Act of 2003: 
        • Section 13: Warning on Cigarette Packages 
        • Section 14: Warning in Advertising 
        • Section 34: Information Drive 
        • Section 35: Instruction on the Hazardous Effect of Smoking as part of School Curricula 

 

8. The Right to a Healthy Environment

 

This is the right to live and work in an environment that  is non-threatening to the well-being of present and future generations. This right is protected by the following:

 

      1. The 1987 Constitution, Article II, Section 16 on Balance and Healthful Ecology 
      2. Republic Act No. 7394 or the Consumer Act of the Philippines, Article 2(a) on  the Declaration of Basic Policy 
      3. Republic Act No. 9003, or the Ecological Solid Waste Management Act of  2000, Section 2(a), (d), (f) on the Declaration of Policies. 

 

It must be noted, however, that the laws enumerated above are not exclusive. Other laws, rules and regulations, issuances may also be sources of Consumer Rights, 

 

As far as practicable, the Eight (8) Basic Consumer Rights should be referred to or invoked in all matters related to consumer protection, including but not limited to settlements, decisions, resolutions in mediation or adjudication of consumer complaints. 

 

The policy advisory can be accessed here. 

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