Consumer Act and Ra &3720

Republic Act No.
7394
THE CONSUMER ACT OF THE PHILIPPINES
REGULATION OF SALES ACTS AND PRACTICES
ARTICLE 50. Prohibition Against Deceptive Sales Acts or Practices - A deceptive act or practice by a seller or
supplier in connection with a consumper 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, false representation of fraudulent manipulation, induces a consumer to enter into a sales or
lease transaction of 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:
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 fact it 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 fact 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 price advantage of a consumer product exists when in fact it is 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 false; and
j) the seller or supplier has a sponsorship, approval, or affiliation he does not have.
ARTICLE 51. Deceptive Sales Acts or Practices By Regulation - The Department shall, after due notice and
hearing, promulgate regulations declaring as deceptive any sales act, practice or technique which is a
misrepresentation of facts other than those enumerated in Article 50.
ARTICLE 52. Unfair or Unconscionable Sales Act or Practice - An unfair or unconscionable sales act or practice
by a seller or supplier in connection with a consumer transaction violates this Chapter whether it occurs before,
during or after the consumer transaction. An act or practice shall be deemed unfair or uncionscionable whenever
the producer, manufacturer, distributor, supplier or seller, by taking advantage of the consumer's physical or
mental infirmity, ignorance, illiteracy, lack of time or the general conditions of the environment or surroundings,
induces the consumer to enter into a sales or lease transaction. Grossly inimical to the interests of the consumer or
gross one-sided in favor of the producer, manufacturer, distributor, supplier or seller.
In determining whether an act or practice is unfair and unconscionable, the following circumstances shall be
considered:
a) that the producer, manufacturer, distributor, supplier or seller took advantage of the inability of the consumer to
reasonable protect his interest because of his inability to understand the language of an agreement, or similar
factors;
b) that when the consumer transaction was entered into, the price grossly exceeded the price at which similar
products or services were readily obtainable in similar transaction by like consumers;
c) that when the consumer transaction was entered into, the consumer was unable to receive a substantial benefit
from the subject of the transaction;
d) that when the consumer transaction was entered into, the seller or supplier was aware that there was no
reasonable probability or payment of the obligation in full by the consumer.
e) that the transaction that the seller or supplier induced the consumer to enter into was excessively one-sided in
favor of the seller or supplier.
CHAPTER V
LIABILITY FOR PRODUCT AND SERVICES
ARTICLE 97. Liability for the Defective Products - Liability for the Defective Products
Any Filipino or foreign manufacturer, producer, and any importer, shall be liable for redress, independently of fault,
for damages caused to consumers by defects resulting from design, manufacturer, 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 is defective when it does not offer
the safety 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 is not considered defective because another better quality product has been placed in the market.
The manufacturer, builder, producer or importer shall not be held liable when its evidences:
a) that it did not place the product on the market;
b) that although it did place the product on the market such product has no defect ;
c) that the consumer or third party is solely at fault.
ARTICLE 99. Liability Defective Services - The service supplier is liable for redress, independently of fault, for
damages caused to consumers by defects relating to the rendering 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 safety the consumer may rightfully expect of it, taking the
relevant circumstances into consideration, including but not limited to:
a) 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. A service is not considered defective because of the use or introduction of new
techniques.
The supplier of the services shall not be held liable when it is proven:
a) that there is no defect in the service rendered;
b) that the consumer or third party is solely at fault
ARTICLE 106. Prohibition 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 and in preceding Articles, 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.
ARTICLE 107. Penalties - Any person who shall violate any provision of this Chapter or its implementing rules and
regulations with the respect to any consumer product which is not food, cosmetics, or hazardous substance shall
upon conviction, be subject to a fine of not less than Five thousand person (P5.000.00) and by imprisonment of not
more than one (1) year or both upon the discretion of the court.
REPUBLIC ACT No. 3720

AN ACT TO ENSURE THE SAFETY AND PURITY OF FOODS, DRUGS, AND COSMETICS BEING MADE
AVAILABLE TO THE PUBLIC BY CREATING THE FOOD AND DRUG ADMINISTRATION WHICH SHALL
ADMINISTER AND ENFORCE THE LAWS PERTAINING THERETO.
CHAPTER VI
Prohibited Acts and Penalties
PROHIBITED ACTS
Section 11. The following acts and the causing thereof are hereby prohibited:
(a) The manufacture, sale, offering for sale or transfer of any food, drug, device or cosmetic that is adulterated or
misbranded.
(b) The adulteration or misbranding of any food, drug, device, or cosmetic.
(c) The refusal to permit entry or inspection as authorized by Section twenty-seven hereof or to allow
samples to be collected.
(d) The giving of a guaranty or undertaking referred to in Section twelve (b) hereof which guaranty or
undertaking is false, except by a person who relied upon a guaranty or undertaking to the same effect
signed by, and containing the name and address of, the person residing in the Philippines from whom he
received in good faith the food, drug, device, or cosmetic or the giving of a guaranty or undertaking
referred to in Section twelve (b) which guaranty or undertaking is false.
(e) Forging, counterfeiting, simulating, or falsely representing or without proper authority using any mark,
stamp, tag label, or other identification device authorized or required by regulations promulgated under the
provisions of this Act.
(f) The using by any person to his own advantage, or revealing, other than to the Secretary or officers or
employees of the Department or to the courts when relevant in any judicial proceeding under this Act, any
information acquired under authority of Section nine, or concerning any method or process which as a
trade secret is entitled to protection.
(g) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of,
or the doing of any other act with respect to, a food, drug, device, or cosmetic, if such act is done while
such article is held for sale (whether or not the first sale) and results in such article being adulterated or
misbranded.
(h) The use, on the labeling of any drug or in any advertising relating to such drug, of any representation or
suggestion that an application with respect to such drug is effective under Section twenty-one hereof, or
that such drug complies with the provisions of such section.
(i) The use, in labeling, advertising or other sales promotion of any reference to any report or analysis
furnished in compliance with Section twenty-six hereof.

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Republic Act No.

a) a consumer product or service has the sponsorship, approval, performance, characteristics,

accessories, uses, or benefits it does not have;

a) manner in which it is provided.

REPUBLIC ACT No. 3720

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