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Joint DTI-DOH-DA Administrative Order No. 01, Series of 2008, Rules and Regulations for Consumer Protection in a transaction covered by the Consumer Act of the Philippines (R.A. 7394) through Electronic Means under the E-Commerce Act (R.A. 8792)

 Rules and regulations for consumer protection in a transaction covered by the Consumer Act of the Philippines (R.A. 7394) through electronic means under the E-Commerce Act (R.A. 8792) Administrative Order No. 01 Series Of 2008

JOINT DTI-DOH-DA ADMINISTRATIVE ORDER NO. 01 SERIES OF 2008

SUBJECT: Rules and regulations for consumer protection in a transaction covered by the Consumer Act of the Philippines (R.A. 7394) through electronic means under the E-Commerce Act (R.A. 8792)

WHEREAS, Republic Act No.7394, otherwise known as the Consumer Act of the

Philippines, declares that it is the policy of the State to protect the interests of the

consumer, promote his general welfare and to establish standards of conduct for

business and industry to implement measures to achieve, among others, the

protection against deceptive, unfair and unconscionable sales acts and practices;

WHEREAS, Republic Act No. 8792, otherwise known as the Electronic Commerce Act,

among others, recognizes the vital role of information and communications technology

(ICT) in nation-building aimed at facilitating domestic and international dealings,

transactions, arrangements, agreements, contracts and exchanges and storage of

information through the utilization of electronic, optical and similar medium, mode,

instrumentality and technology to recognize the authenticity and reliability of electronic

data messages or electronic documents related to such activities and to promote the

universal use of electronic transactions in the government and by the general public;

WHEREAS, the Electronic Commerce Act, penalizes acts in violations of the

Consumer Act and other relevant or pertinent laws through transactions covered by or

using electronic data messages or electronic documents with the same penalties

provided for therein.

NOW, THEREFORE, pursuant to the provisions of the E-Commerce Act in relation to

the Consumer Act, the following Order is hereby prescribed for the information,

guidance and compliance of all concerned:

Department of Trade and Industry 4/F, Industry and Investments Building 385 Sen. Gil Puyat Avenue, Makati City

Tel. (632) 899-7450; www.dti.gov.ph

Department of Agriculture Elliptical Road, Diliman, Quezon City

Tel. (632) 927-4323 to 58; ww.da.gov.ph

Department of Health San Lazaro Compound, Sta. Cruz, Manila

Tel. (632) 743-8301 to 23; www.doh.gov.ph

Joint DTI-DOH-DA Department Administrative Order No01, Series of 2008

Rules and regulations for consumer protection in a transaction covered by the Consumer Act of the Philippines (R.A. 7394) through electronic means under the E-Commerce Act (R.A. 8792)

Page 2 of 23

Section 1. Scope and Coverage. This order shall apply to all retailers, sellers, distributors, suppliers or manufacturers engaged in electronic commerce with

consumers.

These implementing rules and regulations shall be enforced by:

(1) the Department of Health (DOH) with respect to food, drugs, cosmetics,

devices and hazardous substances;

(2) the Department of Agriculture (DA) with respect to fresh, primary- and

secondary processed agricultural and fishery1 products; and

(3) the Department of Trade and Industry (DTI) with respect to other consumer

products not specified above.

However, the Banko Sentral ng Pilipinas (BSP) shall assume jurisdiction over financial

products and services offered by financial institutions under BSP supervision.

Section 2. Definition of Terms. For purposes of this Order, the definition of terms provided for under Article 4 of the Consumer Act of the Philippines and the definition of

terms provided for under Article 5 of the Electronic Commerce Act are hereby adopted,

the following terms are enumerated as follows:

1) Under the Consumer Act:

1.1) Advertisement” means the prepared and through any form of mass medium,

subsequently applied, disseminated or circulated advertising matter.

1.2) “Advertising” means the business of conceptualizing, presenting or making

available to the public, through any form of mass media, fact, data or

information about attributes, features, quality or availability of consumer

products, services or credit.

1.3) “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.

1.4) “Advertiser” means the client of the advertising agency or the sponsor of the

advertisement on whose account the advertising is prepared, conceptualized,

presented or disseminated.

1 This is in accordance with Section 62 of Republic Act No. 8435 or the “Agriculture and Fisheries Modernization Act of 1997” providing for the coverage of the products under the Department of Agriculture.

Joint DTI-DOH-DA Department Administrative Order No01, Series of 2008

Rules and regulations for consumer protection in a transaction covered by the Consumer Act of the Philippines (R.A. 7394) through electronic means under the E-Commerce Act (R.A. 8792)

Page 3 of 23

1.5) “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.

1.6) “Amount financed” in a consumer credit sale constitutes the cash price plus

non-finance charges less the amount of any downpayment whether made in

cash or in property traded in, in a consumer loan the amount paid to,

receivable by or paid or payable to the buyer or to another person in his

behalf.

1.7) “Banned hazardous substance” means (1) any toy or other articles intended

for use by children, which are hazardous per se, or which bear or contain

substances harmful to human beings; or (2) any hazardous intended or

packaged in a form suitable for use in the household, which the implementing

agency by regulation, 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 purpose

require the inclusion of the hazardous substance involved and which bear

appropriate labels giving adequate directions and warnings for their safe use.

Procedures for the issuance, amendment or repeal of regulations pursuant to

clause (2) or paragraph (g) of this Article shall be governed by the rules and

regulations promulgated by the Department of Health: Provided, That if the

Department of Health finds that the distribution for household use of the

hazardous substance involved presents an 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 to be a “banned hazardous substance”

pending the issuance of regulation formally banning such substance.

1.8) “Batch” means a quantity of any drug or device produced during a given cycle

of manufacture.

1.9) “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 or signed in connection with his/its business or in

(1) any written or printed receipt, including receipt fro tax on business;

(2) any written or printed contract not verified by a notary public;

(3) any written or printed evidence of any agreement or business

transaction; and

Joint DTI-DOH-DA Department Administrative Order No01, Series of 2008

Rules and regulations for consumer protection in a transaction covered by the Consumer Act of the Philippines (R.A. 7394) through electronic means under the E-Commerce Act (R.A. 8792)

Page 4 of 23

(4) any sign or billboard kept conspicuously exhibited in plain view in or at

the place of the business, announcing a firm name or business name or

style.

1.10.) “Cash price or delivered price”, in case of trade transaction, means the

amount of money which would constitute full payment upon 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 upon consummation of the credit

transaction, net of finance charges collected at the time the credit is

extended, if any.

1.11) “Chain distribution plans” or “pyramid sales schemes” means sales devices

whereby a person, upon condition that he makes an investment, is granted

by the manufacturer or his 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 primarily 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 of the plan.

1.12) “Closing out sale” means a consumer sale wherein the seller uses the

announcement to create the impression that he is willing to give large

discounts or merchandise in order to reduce, dispose or close out his

inventory and business.

1.13) “Commerce” means the sale, lease, exchange traffic or distribution of

goods, commodities, productions, services or property, tangible or

intangible.

1.14) “Consumer” means a natural person who is a purchaser, lessee, recipient

or prospective purchaser, lessor or recipient of consume products, services

or credit.

1.15) “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 price or payment therefor is payable at some future time,

whether in full or in installment.

1.16) “Consumer loan” means a loan made by the lender to a person which

payable in installments for which a finance charge is or may be imposed.

This term includes credit transactions pursuant to an open-end-credit plan

other than a seller credit card.

Joint DTI-DOH-DA Department Administrative Order No01, Series of 2008

Rules and regulations for consumer protection in a transaction covered by the Consumer Act of the Philippines (R.A. 7394) through electronic means under the E-Commerce Act (R.A. 8792)

Page 5 of 23

1.17) “Consumer products and services” means goods, services and credits,

debts or obligations which are primarily for personal, family, household or

agricultural purposes, which shall include but not limited to foods, drugs,

cosmetics, and devices.

1.18) “Consumer product safety rule” means a consume product safety standard

described in Article 78 or a rule, under this Chapter declaring a consumer

product banned hazardous product.

1.19) “Consumer transaction” means (1) (i) a sale, lease, assignment, award by

chance, or other disposition of consumer products, including chattels that

are intended to be affixed to land, or of services, or of any right, title, or

interest therein, except securities as defined in the Securities Act and

contracts of insurance under the Insurance Code or (ii) grant of provision of

credit to a consumer for purposes that are primarily personal, family,

household or agricultural, or (2) a solicitation or promotion by a supplier

with respect to a transaction referred to in clause (1).

1.20) “Corrosive” means any substance which on contact with living tissue will

cause destruction of tissue by chemical action.

1.21) “Cosmetics” means (1) articles intended to be rubbed, poured, sprinkle, or

sprayed on, introduced into or otherwise applied to the human body or any

part thereof for cleansing, beautifying, promoting attractiveness, or altering

the appearance, and (2) article intended for uses as a component of any

such article except that such term shall not include soap.

1.22) “Counterfeit product” means any consumer product which, or the container

or labeling of which, without authorization, bears the trademark, trade

name, or other identifying mark, imprint, or device, or nay likeness thereof,

of a consumer product manufacturer, processor, packer, distributor, other

than the person or persons who in fact manufactured, processed, packed

or distributed such product and which thereby falsely purports or is

represented to be the product of, or to have been packed or distributed by

such consumer produce manufacturer, processor, packer or distributor.

1.23) “Credit card” means any card, plate, coupon book or other credit device

existing for the purpose of obtaining money, property, labor or services on

credit.

1.24) “Credit sale” means a sale of products, services or an interest in land to a

person on credit where a debt is payable in installments or a finance

charge is imposed and includes any agreement in the form of a bailment of

products or lease of products or real property if the bailee or lessee pays or

agrees to pay compensation for use a sum substantially equivalent to or in

Joint DTI-DOH-DA Department Administrative Order No01, Series of 2008

Rules and regulations for consumer protection in a transaction covered by the Consumer Act of the Philippines (R.A. 7394) through electronic means under the E-Commerce Act (R.A. 8792)

Page 6 of 23

excess of the aggregate value of the products or real property involved and

it is agreed that the bailee or lessee will become or for other or nominal

consideration has the option to become, the owner of the products or real

property upon full compliance with the terms of the agreement.

1.25) “Credit transaction” means a transaction between a natural person and a

creditor in which real or personal property, services or money acquired on

credit and the person’s obligation to payable in installment.

1.26) “Creditor” means any person engaged in the business of extending credit

and shall include any person who as a regular business practice makes

loans or sells or rents property or services on a time, credit or installment

basis, either as principal or as agent who requires as an incident to the

extension of credit, the payment of finance charge.

1.27) “Default or delinquency charge” means, with respect to a consumer credit

transaction, the penalty charge payable by the consumer-debtor for failure

to pay an amount or installment in full on the date the same becomes due

and demandable, or on or before the period specified for the purpose in the

consumer credit sale documents.

1.28) “Device” means an instrument, apparatus, implement, machine,

contrivance, implant, in vitro regeant, or other similar or related article,

including any component, part or accessory which is (1) recognized in the

official United Sates Pharmcopoeia – National Formulary (USP-NF) or any

supplement to them, (2) intended for use in the diagnosis of disease or

other condition or in the cure, mitigation, treatment or prevention of

disease, in man or other animals; or (3) intended to affect the structure or

any function of the body of man or other animals, and which does not

achieve any of its principal intended purposes through chemical action

within or on the body of man or other animals and which is not dependent

upon being metabolized for the achievement of any of its principal intended

purposes.

1.29) “Distributor” means any person to whom a consumer product is delivered or

sold for purposes of distribution in commerce, except that such term does

not include a manufacturer or retailer of such product.

1.30) “Drugs” means (1) articles recognized in the current official United States

Pharmacopoeia – National Formulary, official Homeopathic Pharmacopeia

of the United States, official National Drug Formulary, or any supplement to

any of them; and (2) articles intended for use in the diagnosis, cure

mitigation, treatment, or prevention of disease in man or other animals; and

(3) articles (other than food) intended, to affect the structure or any function

Joint DTI-DOH-DA Department Administrative Order No01, Series of 2008

Rules and regulations for consumer protection in a transaction covered by the Consumer Act of the Philippines (R.A. 7394) through electronic means under the E-Commerce Act (R.A. 8792)

Page 7 of 23

of the body of man or animals; and (4) articles intended for use as a

component of any articles specified in clauses (1), (2) or (3) but do not

include devices or their components, parts or accessories.

The term “drug” when used in this Act shall include herbal and/or traditional

drug. They are defined as articles from indigenous plant or animal origin

used in folk medicine which are: (1) recognized in the Philippine National

Formulary; (2) intended for use in the treatment or cure, mitigation of

disease symptoms, injury, or bodily defect for use in man; (3) other than

food, intended to affect the structure of any function of the body of man; (4)

put into finishes, ready to use form by means of formulation, dosage or

dosage directions; and (5) intended for use as a component of an of the

articles specified in clauses (1), (2), (3) and (4) of this paragraph.

1.31) “Expiry or expiration date” means the date stated on the label of food, drug,

cosmetic, device or hazardous substance after which they are not expected

to retain their claimed safety, efficacy and quality or potency and after

which it is no longer permissible to sell them.

1.32) “Extremely flammable” means any substance which has a flash point at or

below negative six and six tenths degrees centigrade as determined by the

Tagliabue Open Cup Tester; and the term “combustible” shall apply to any

substance which has a flash point of above twenty-six and six-tenths

degrees to and including sixty-five and five-tenths degrees centigrade as

determined by the Tagliabue Open Cub Tester; Provided, That the

flammability or combustibility and of the contents of self-pressurized

containers shall be determined through methods found by the implementing

agency to be generally applicable to such materials or containers,

respectively, and established by regulations issued by it.

1.33) “Food” means any substance, whether processed, semi processed or raw,

intended for human consumption and includes chewing gum, drinks and

beverages and any substance which has been used as an ingredient or an

component in the manufacture, preparation or treatment of food.

1.34) “Food additive” means any substance, the intended use of which results or

may reasonably be expected to result, directly or indirectly, in its becoming

a component or otherwise affecting the characteristics of any food including

any substance intended for use in producing, manufacturing, packing,

processing, preparing, treating, packaging, transporting, or holding food;

and including any source of radiation intended for any such use, if such

substance is not generally recognized, among experts qualified as having

Joint DTI-DOH-DA Department Administrative Order No01, Series of 2008

Rules and regulations for consumer protection in a transaction covered by the Consumer Act of the Philippines (R.A. 7394) through electronic means under the E-Commerce Act (R.A. 8792)

Page 8 of 23

been adequately shown through scientific procedures to be safe under the

conditions of the intended use.

1.35) “Generic name” is the identification of drugs and medicines by their

scientifically and internationally recognized active ingredients or by their

official generic name as determined by the Bureau of Food and Drugs of

the Department of Health.

1.36) “Guarantee” means an expressed or implied assurance of the quality of the

consumer products and services offered for sale or length of satisfactory

use to be expected from a product or other similar specified assurances.

1.37) “Hazardous substance” means: (1) (i) Any substance or mixture of

substances which is toxic, corrosive, irritant, a strong sensitizer, flammable

or combustible, or generates pressure through decomposition, heat or other

means, if such substance or mixture or substances may cause substantial

injury or substantial illness during or as a proximate result of any customary

or reasonably foreseeable ingestion by children;

(ii) Any substance which the department finds to be under the categories

enumerated in clause (1) (i) of this paragraph;

(iii) Any radioactive substance, if, with respect to such substance as used in

a particular class of article or as packaged, the Department, upon approval

of the Department , determines by regulation that the substance is

sufficiently hazardous to require labeling in accordance with this Section in

order to protect the public health;

(iv) Any toy or other articles intended for use by children which the director

may, by regulation, determine the presence of an electrical, mechanical, or

thermal hazard.

(2) This term shall not apply to food, drugs, cosmetics, and devices nor to

substances intended for use as fuels when stored in containers and used in

the heating, cooking or refrigeration system of a house, but such term shall

apply to any article which is not in itself a pesticide but which is a

hazardous substances, as construed in clause 9a) of paragraph (1), by

reason of bearing or containing such harmful substances described therein.

1.38) “Highly toxic” means any substance which has any of the following effects:

(1) produces death within fourteen days to one-half or more than one-half

of a group of ten or more laboratory white rats each weighing between Two

hundred and three hundred grams, at a single dose of fifty milligrams or

less per kilogram of body weight, when orally administered; or (2) produces

death within fourteen days to one-half or more group of ten or more

laboratory white rats each weighing between two hundred and three

Joint DTI-DOH-DA Department Administrative Order No01, Series of 2008

Rules and regulations for consumer protection in a transaction covered by the Consumer Act of the Philippines (R.A. 7394) through electronic means under the E-Commerce Act (R.A. 8792)

Page 9 of 23

hundred grams, when inhaled continuously fro a period of one hour or less

than at an atmospheric concentration of two hundred parts per million by

volume or less gas or vapor or two milligrams per liter by volume or less of

mist or dust, provided such concentration is likely to be encountered by

man when substance is used in any reasonably foreseeable manner; or (3)

produces death within fourteen days to one-half or more of a group of ten

or more rabbits, when tested in a dosage of two hundred milligrams or less

per kilogram of body weight, or when administered through continuous

contact with the bare skin for twenty-four hours or less.

1.39) “Home solicitation sale” means consumer sales or leases which are

personally solicited by any person or organization by telephone, person-to-

person contact or by written or printed communication other than general

advertising or consummated at the buyer’s residence or a place of

business, at the seller’s transient quarters, or away from a seller’s regular

place of business.

1.40) “Immediate container” means the container or package which is

immediately after or near the substance but does not include package

liners.

1.41) “Imminently hazardous product” means a consumer product which

presents an unreasonable risk of death, serious illness or severe personal

injury.

1.42) “Irritant” means any substance not corrosive within the meaning of

paragraph (t) of this Article which, on immediate, prolonged or repeated

contact with normal living tissue will induce a local inflammatory reaction.

1.43) “Label, labeling” means the display of written, printed or graphic matter on

any consumer product, its immediate container, tag, literature or other

suitable material affixed thereto for the purpose of giving information as to

the identity, components, ingredients, attributes, directions for use,

specifications and such other information as may be required by law or

regulations.

1.44) “Manufacture” means any and all operations involved in the production,

including preparation, propagation, processing, formulating, filling, packing,

repacking, altering, ornamenting, finishing or otherwise changing the

container, wrapper or labeling of a consumer product in the furtherance of

the distribution of the same from the original place of manufacture to the

person who makes the final delivery or sale to the ultimate user.

1.45) “Manufacturer” means any person who manufactures, assembles or

processes consumer products, except that if the goods are manufactured,

Joint DTI-DOH-DA Department Administrative Order No01, Series of 2008

Rules and regulations for consumer protection in a transaction covered by the Consumer Act of the Philippines (R.A. 7394) through electronic means under the E-Commerce Act (R.A. 8792)

Page 10 of 23

assembled or processed for another person who attaches his own brand

name to the consumer products, the latter shall be deemed the

manufacturer. In case of imported products, the manufacturer’s

representative or, in his absence, the importer, shall be deemed the

manufacturer.

1.46) “Mass media” refers to any means or methods used to convey advertising

messages to the public such as television, radio, magazines, cinema,

billboards, posters, streamers, hand bills, leaflets, mails and the like.

1.47) “Materially defective product” means a product which, because of the

pattern of the defect, the number of defective products distributed in

commerce and the severity of the risk or otherwise, creates a substantial

risk of injury to the public.

1.48) “Mislabeled hazardous substance” means any hazardous substance

intended, or packaged in a form suitable, for use in households, especially

by children, the packaging or labeling of which is in violation of the special

packaging regulation issued by the department of Health under Article 91 or

if such substance fails to bear a label which (1) states conspicuously (i) the

name and the exact address of the manufacturer, packer, distributor or

seller; (ii) the common or usual name of the hazardous substance or of

each component which contributes substantially to the harmfulness of the

substance, unless the Department by regulation approved by the

Department permits or requires the use of the recognized generic name;

(iii) the signal word “danger” on substances which are extremely flammable,

corrosive, highly toxic; (iv) the signal word “warning” or “caution” on all

other hazardous substances; (v) a frank statement of the principal hazard

or hazards involved as “flammable” “vapor harmful”, “causes burns”,

“absorbed through skin”, or similar wording describing the action to be

followed or avoided, except when modified by regulation by the Department

pursuant to Section 46; (vi) instructions, when necessary or appropriate, for

first-aid treatment; (vii) the word “poison” for any hazardous substance

which is defines as highly toxic; (viii) instructions for handling storage of

packages which require special care in handling or storage; and (ix) the

statement “keep out of reach of children”, or its practical equivalent, if the

article is intended for use by children and is not a banned hazardous

substance, with the adequate directions for the protection of children from

the hazard involved. The aforementioned signal words, affirmative

statements, description of precautionary measures, necessary instructions

Joint DTI-DOH-DA Department Administrative Order No01, Series of 2008

Rules and regulations for consumer protection in a transaction covered by the Consumer Act of the Philippines (R.A. 7394) through electronic means under the E-Commerce Act (R.A. 8792)

Page 11 of 23

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 and in contrast by typography, layout, with other

printed matters on the label.

1.49) “New Drugs” means (1) 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, efficacy, 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) any

drug the composition of which is such that said drug, as a result of its

previous investigations to determine its safety; efficacy and good quality for

use under certain conditions, has become so recognized but which has not,

otherwise than in such investigations, been used to a material extent or for

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 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”.

1.50) “New Product” means a consumer product which incorporates a design,

material or form of energy exchange which has not previously been used

substantially in consumer products and as to which there exists a lack of

adequate information to determine the quality and safety of such product if

used by the consumers.

1.51) Open-end-credit plan” means a consumer credit extended on an account

pursuant to a plan under which:

(1) the creditor my permit the person to make purchases or obtain loans,

from time to time, directly, from the creditor or indirectly by use of credit

card, check or other device;

(2) the person has the privilege of paying the balance; or

(3) a finance charge may be computed by the creditor from time to time on

an outstanding unpaid balance.

Joint DTI-DOH-DA Department Administrative Order No01, Series of 2008

Rules and regulations for consumer protection in a transaction covered by the Consumer Act of the Philippines (R.A. 7394) through electronic means under the E-Commerce Act (R.A. 8792)

Page 12 of 23

1.52) “Package or packaging” means any container or wrapping in which any

consumer product is enclosed for use in the delivery or display of that

consumer product to retail purchasers, but does not include:

(1) shipping containers or wrapping 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 customers if such containers and wrappings

bear no printed matter pertaining any particular product;

(3) The wrappers or containers of consumer products sold in small

quantities by small retail stores to the consumer which by tradition are

wrapped with ordinary paper.

1.53) “Person” means any individual, partnership, corporation or association,

trust, government or governmental subdivision or any other legal entity.

1.54) “Poisonous substance” means any substance capable of destroying life or

seriously endangering health when applied externally to the body or

introduced internally in moderate doses.

1.55) “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.

1.56) “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 unit or

service.

1.57) “Principal display panel” means that part of the label that is most likely to be

displayed, presented, shown or examined under normal customary

conditions of display for retail or sale.

1.58) “Private 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 (1) 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.

1.59) “Radioactive substance” means any substance which emits ionizing

radiation.

1.60) “Referral selling” means the sales device employed by the sellers wherein

the buyer is induced to acquire goods or services by representing that after

Joint DTI-DOH-DA Department Administrative Order No01, Series of 2008

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the acquisition of the goods or services, he will receive a rebate

commission or other benefit 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.

1.61) “Repair and service firm” means any business establishment, engaged

directly or indirectly, in repair, service or maintenance of any consumer

product.

1.62) “Retailer” means a person engaged in the business of selling consumer

products directly to consumers.

1.63) “Sale or distribution” shall mean an act made by a manufacturer or seller, or

their respective representative or agent to make available consumer

products, services or credit to the end consumer sale transaction. It shall

not include sampling or any other distribution not for sale.

1.64) “Sales promotion” means techniques intended for broad consumer

participation which contain promises for gain such as prizes, in cash or in

kind, as reward for the purchase of product, service or winning in contest,

game, tournament and other similar competitions which involve

determination of winner/s and which utilize mass media or other

widespread media of information. It also means techniques purely intended

to increase patronage and/or goodwill of a product.

1.65) “Seller“ means a person engaged in the business of selling consumer

products directly to consumers. It shall include a supplier or distributor if (1)

the seller is a subsidiary of affiliate of the supplier or distributor; (2) the

seller interchanges personnel or maintains common or overlapping officers

or directors with supplier or distributor, or (3) the supplier or distributor

provides or exercises supervision, direction or control over the selling

practices of the seller.

1.66) “Service” shall mean, with respect to repair and service firms, service

supplied in connection with a contract for construction, maintenance, repair,

processing, treatment or cleaning of goods or of fixtures on land, or

distribution of goods, or transportation of goods.

1.67) “Services” means services that are the subject of a consumer transaction,

either together with, or separate from any kind of personal property,

whether tangible or intangible.

1.68) “Special packaging” means packaging that Is designed or constructed to be

significantly difficult for children under five years of age or open to obtain a

toxic or harmful amount of the substance contained therein within a

Joint DTI-DOH-DA Department Administrative Order No01, Series of 2008

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reasonable time and not difficult fro normal adults to use properly but does

not mean packaging which all such children cannot open or obtain a toxic

or harmful amount within a reasonable time.

1.69) “Standard” means a set of conditions to be fulfilled to ensure the quality and

safety of a product.

1.70) “Strong sensitizer” means any substance which will cause on normal

living tissue, allergy or photodynamic quality of hypersensitivity which

becomes evident on reapplication of the same substance, to be designed

as such by the implementing agency. Before designating any substance as

a strong sensitizer, the implementing agency, upon consideration of the

frequency of occurrence and severity of the reaction, shall find that the

substance has a significant capacity to cause hypersensitivity.

1.71) “Substandard product” means a product which fails to comply with an

applicable consumer product safety rule which creates a substantial risk of

injury to the public.

1.72) “Supplier” means a person, other than a consumer, who, in the course of

his business, solicits, offers, advertises, or promotes the disposition or

supply of a consumer product or who other than the consumer, engages in,

enforces, or otherwise participates in a consumer transaction, whether or

not any privity of contract actually exists between that person and the

consumer, and includes the successor to, or assignee of, any right or

obligation one of the supplier.

1.73) “Technical personnel of repair and service enterprise” shall mean a

mechanic or technician or any person who works or renders diagnosis or

advice in connection with repair, service and maintenance of the consumer

products in a repair and service firm.

1.74) ”Toxic substance” means any substance other than a radioactive substance

which can cause injury, illness or death to man through indigestion,

inhalation or absorption through any body surface.

1.75) “Trade name” or “trademark” means a word or words, name, title, symbol,

emblem, sign or device or any combination thereof used as an

advertisement, sign, label, poster or otherwise for the purpose of enabling

the public to distinguish the business of the person who owns and uses

said trade name or trademark.

2.) Under the Electronic Commerce Act:

2.1) “Addressee” refers to a person who is intended by the originator to receive

the electronic data message or electronic document, but does not include

Joint DTI-DOH-DA Department Administrative Order No01, Series of 2008

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a person acting as an intermediary with respect to that electronic data

message or electronic document.

2.2) “Computer” refers to any device or apparatus singly or interconnected

which, by electronic, electro-mechanical, optical and/or magnetic impulse,

or other means with the same function, can receive, record, transmit,

store, process, correlate, analyze, project, retrieve and/or produce

information, data, text, graphics, figures, voice, video, symbols or other,

modes of expression or perform any one or more of these functions.

2.3) “Electronic data message” refers to information generated, sent, received

or stored by electronic, optical or similar means.

2.4) “Information and Communications System” refers to a system for

generating, sending, receiving, storing or otherwise processing electronic

data messages or electronic documents and includes the computer

system or other similar device by or in which data is recorded or stored

and any procedures related to the recording or storage of electronic data

message or electronic document.

2.5) “Electronic signature” refers to any distinctive mark, characteristics and/or

sound in electronic form, representing the identity of a person and

attached to or logically associated with the electronic date message or

electronic document or any methodology or procedures employed or

adopted by a person and executed or adopted by such person with the

intention of authenticating or approving an electronic data message or

electronic document.

2.6) “Electronic document” refers to information or the representation of

information, data, figures, symbols or other modes of written expression,

described or however represented, by which a right is established or an

obligation extinguished, or by which a fact may be proved and affirmed,

which id received, recorded, transmitted, stored, processed, retrieved or

produced electronically.

2.7) “Electronic key” refers to a secret code which secures and defends

sensitive information that crosses over public channels into a form

decipherable only with a matching electronic key.

2.8) “Intermediary” refers to a person who in behalf of another person and with

respect to a particular electronic data message or electronic document

sends, receives and/or stores or provides other services in respect of that

electronic message or electronic document.

2.9) “Originator” refers to a person by whom, or on whose behalf, the electronic

document purports to have been created, generated and/or sent. The

Joint DTI-DOH-DA Department Administrative Order No01, Series of 2008

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terms do not include a person acting as an intermediary with respect to

that electronic document.

2.10) “Service provider” refers to a provider of –

i) Online services or network access, or the operator facilities therefore,

including entities offering the transmission, routing, or providing of

connections for online communications, digital or otherwise, between or

among points specified by a user, of electronic documents of the user’s

choosing; or

ii) The necessary technical means by which electronic documents of an

originator may be stored and made accessible to a designated or

undesignated third party.

Such service providers shall have no authority to modify or alter the

content of the electronic document received or to make any entry therein

on behalf of the originator, addressee or any third party unless specifically

authorized to do so, and who shall retain the electronic document in

accordance with the specific request or as necessary for the purpose of

performing the service it was engaged to perform.

Section 3. Requirements for Adopting Fair and Reasonable Business Practices. Retailers, sellers, distributors, suppliers or manufacturers engaged in electronic

commerce with consumers shall adopt fair and reasonable business practices.

In this connection, retailers, sellers, distributors, suppliers or manufacturer shall:

1.) ensure compliance with the requirements for consumer product quality and safety

standards under Title II, Chapter I of the Consumer Act of the Philippines;

2.) ensure compliance with requirements for safe and good quality of food, drugs,

cosmetics and devices under Title II, Chapter II of the Consumer Act of the

Philippines;

3.) ensure compliance with requirements for substances other than food, drugs,

cosmetics and devices that are hazardous to consumer heath and safety under

Title II, Chapter III of the Consumer Act of the Philippines;

4.) not engaged in any deceptive, unfair and unconscionable sales acts and practices

under Title III, Chapter I of the Consumer Act of the Philippines;

5.) honor and accept the responsibilities for consumer product and services under

warranties or guarantees under Title III, Chapter III of the Consumer Act of the

Philippines;

Joint DTI-DOH-DA Department Administrative Order No01, Series of 2008

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6.) ensure compliance with the requirements for labeling and packaging, including

price tag, indicating a fair, accurate and adequate word, statement or information

about a consumer product labeling and fair packaging under Title III, Chapter IV of

the Consumer Act of the Philippines;

7.) be liable for defective products and service under Title III, Chapter V of the

Consumer Act of the Philippines;

8.) ensure compliance with other requirements of the provisions of the Consumer Act

of the Philippines and its Implementing Rules and Regulations (IRR) as fair and

reasonable business practices.

Section 4. Requirements for Adopting Fair Marketing and Advertising Practices. Retailers, sellers, distributors, suppliers or manufacturers engaged in electronic

commerce with consumers shall refrain from engaging in any false, deceptive and

misleading advertisement prohibited under the provisions of Title III, Chapter VI of the

Consumer Act of the Philippines and its IRR, and shall comply with the advertising and

promotion requirements therein, and other advertising and promotion guidelines issued

by the respective departments in compliance with other relevant laws.

Section 5. Requirements for On-line Disclosure of Information. 1.) Information About the Retailers, Sellers, Distributors, Suppliers or Manufacturers. Retailers, sellers,

distributors, supplies or manufacturers engaged in electronic commerce shall provide

accurate, clear and easily accessible information to identify themselves, which

includes but not limited to the following:

1.1) Department of Trade and Industry (DTI) and/or Securities Exchange

Commission (SEC) registration;

1.2) name of the owner/proprietor of a retail establishment in case of a single

proprietorship and names of directors and other officers in case of a

corporation;

1.3) principal geographical address of the retailer, seller, distributor, supplier or

manufacturer, and when applicable, of offices or agents in the Philippines;

1.4) website, e-mail address or other electronic means of contact, telephone

and fax numbers, of the retailer, and when applicable, of its offices or

agents in the Philippines;

1.5) any relevant local or foreign government registration/license numbers such

as but not limited to the local government unit’s permit to operate,

Taxpayer’s Identification Number (TIN), when applicable; 1.6) contact details about any business association or organization

membership, when applicable.

1.7) representative agent(s) in the Philippines for purposes of summons.

Joint DTI-DOH-DA Department Administrative Order No01, Series of 2008

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2.) Information About the Products or Services. Retailers, sellers, distributors,

suppliers or manufacturers engaged in electronic commerce with consumers shall

provide:

2.1) fair, accurate, clear and easily accessible information describing the

products or services offered for sale such as the nature, quality and

quantity thereof;

2.2) fair, accurate, clear and easily accessible information sufficient to enable

consumers to make an informed decision whether or not to enter into the

transaction; and

2.3) such information that allows consumers to maintain an adequate record of

the information about the products and services offered for sale.

3.) Information About Consumer Transaction. 3.1) Retailers, sellers, distributors,

suppliers or manufacturers engaged in electronic commerce with consumers shall

provide sufficient, clear, accurate, easily accessible information about the terms,

conditions and costs of the consumer transaction to enable consumers to make an

informed decision.

3.2) The manner of providing this information shall give consumers an

adequate opportunity to review the terms, conditions and costs before entering into the

consumer transaction and allow the consumers to retain a copy of the information.

3.3) Retailers, sellers, distributors, suppliers or manufacturers shall make

available to consumers a clear and complete text of the relevant terms and conditions

of the consumer transaction. The consumers should be able to access and retain a

record of the information by printing or electronic record.

3.4) The information shall include the price tag of the product or service and

the applicable currency. However, applicable costs not included in the price tag such

as delivery, postage, handling, insurance, shipping charges, taxes, and specific

reference to any other charges, customs fees and other fees that may be imposed on

or collected from consumers shall be so stated in the information. The information

shall include notice of any optional ongoing costs, fees and charges and methods of

notification for changes to those costs, fees and charges.

3.5) Where applicable, the following information shall be provided to

consumers:

3.5.1) any restrictions, limitations or conditions of purchase, such as

geographic limitations or parental/guardian approval requirements

for minors;

Joint DTI-DOH-DA Department Administrative Order No01, Series of 2008

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3.5.2) payment mechanisms that are reliable, easy to use and offer security

that is appropriate for the transaction and details of payment terms

that include:

3.5.2.1) available methods of payment;

3.5.2.2) the security of those payment methods in clear, simple

language, so as to help consumers judge the risk in

relying on these methods;

3.5.2.3) how best to use the methods;

3.5.2.3) how to cancel regular payments under those methods; and

3.5.2.4) any costs applicable to those payment methods.

3.5.3) terms of delivery;

3.5.4) mandatory safety and health care warnings that a consumer would

get at any physical/offline line point of sale;

3.5.5) details and conditions about termination, return, exchange,

cancellation and refunds;

3.5.6) details about any cooling off period or right of withdrawal;

3. 5.7) any conditions about contract renewal or extension;

3.5.8) details about any available warranties and guarantees;

3.5.9) details about any after-sales service; and

3.5.10) any required quality or certification standards marks, registration or

license for consumer products issued by a relevant local or foreign

government.

3.5.11) where a retailer, seller, distributor, supplier or manufacturer

specifies an applicable law or jurisdiction to govern any

contractual disputes or a jurisdiction or forum where disputes must

be determined, it shall clearly and conspicuously state that

information at the earliest possible stage of the consumer’s

interaction with the retailer, seller, distributor, supplier or

manufacturer.

Section 6. Conclusion of Consumer Transaction. 1.) Where appropriate, before concluding the purchase, retailers, sellers, distributors, suppliers or manufacturers

shall provide, by procedures, consumers the opportunity to:

1.1) review and accept or reject the terms and conditions of the contract;

1.2) identify precisely the product or service consumers wish to purchase or

avail;

1.3) identify and correct any errors or modify the order; and

Joint DTI-DOH-DA Department Administrative Order No01, Series of 2008

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1.4) retain a record of any purchase/order, transaction confirmation,

acceptance of any offer they make.

2.) Retailers should promptly acknowledge receipt of any order, confirmation or

acceptance received.

Section 7. Original Documents. Where the law requires that a document be presented or retained in its original form, that requirement is met by an electronic document or

electronic data message if –

1) There exists a reliable assurance as to the integrity of the electronic document

or electronic data message from the time when it was first generated in its final form

and such integrity is shown by evidence aliunde (that is, evidence other than the

electronic data message itself) or otherwise; and,

2.) The electronic document or electronic data message is capable of being

displayed to the person whom it is presented.

3.) For the purpose of paragraph (1) above:

3.1) The criteria for assessing integrity shall be whether the information has

remained complete and unaltered, apart from the addition of any

endorsement and any change which arises in the normal course of

communication, storage and display; and,

3.2) The standard of reliability required shall be assessed in the light of the

purpose for which the information was generated and in the light of all

relevant circumstances.

An electronic data message or electronic document meeting and complying with the

requirements of Sections 6 or 7 of Republic Act No. 8792 or the “Electronic Commerce

Act” shall be the best evidence of the agreement and transaction contained therein.

Section 8. Compliance of Retailers Engaged in Electronic Commerce with the Data Protection Guidelines. Any retailer engaged in the business of electronic commerce

with consumers shall comply with the requirements set forth in Section 4 on general

principles for the protection of personal data, Section 5 on voluntary accreditation,

Section 6 on lawful access to personal data in an information and communication

system, Section 7 on obligation of confidentiality and Section 8 on security of data

provided for under the provisions of the DTI Department Administrative Order No. 8,

Series of 2006 or “Prescribing Guidelines for the Protection of Personal Data in

Information and Communications System in the Private Sector”.

Joint DTI-DOH-DA Department Administrative Order No01, Series of 2008

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Section 9. Addressing Consumer Complaints.

(1) Setting Up of Internal Complaint-Handling Mechanism. Retailers, sellers,

distributors, suppliers, or manufacturers shall set up and make operational an

internal complaint-handling mechanism for consumer complaints within a

maximum period of three (3) months but the mechanism should not prejudice the

rights of the consumers to seek legal redress.

(2) Procedure for filing a complaint with concerned implementing agencies.

(2.1) Any person aggrieved by any transaction arising from the purchase of

goods and services from a business establishment for violation(s) of the

Consumer Act transacted by using electronic data messages or electronic

documents as defined in Electronic Commerce Act may file such complaint

before the concerned implementing agencies by furnishing a copy of the

specific electronic data messages or electronic document related to the

transaction.

(2.2) Upon receipt of the formal written complaint, either through mail, personal

delivery or electronic data messages/electronic documents, the concerned

implementing agencies may commence an investigation based on the said

electronic data messages or electronic documents subject to the existing

Implementing Rules and Regulations of the Consumer Act as well as the

Electronic Commerce Act.

(2.2.1) If after mediation/conciliation of the complaint, there was no

amicable settlement agreed upon, the Arbitration Officer shall

prepare and serve summons to the respondent by personal service,

mail or publication as the case may be. Upon receipt of the answer,

the parties shall be notified of the date, time and place of hearing.

(2.2.2) The summons shall require respondent to answer the complaint

(and not file a Motion to Dismiss) within ten (10) days from service

thereof. The respondent shall answer the complaint in writing,

together with its sworn statement and those of his witnesses and his

documentary evidence and serve copies thereof upon complainant.

The voluntary appearance of the Respondent in the action is

equivalent to service of summons.

(2.2.3) If after summons, the respondent fails to answer within the time

allowed therefrom, the implementing agency may declare the

respondent in default and the case may be decided upon the

evidence submitted by the complainant.

Joint DTI-DOH-DA Department Administrative Order No01, Series of 2008

Rules and regulations for consumer protection in a transaction covered by the Consumer Act of the Philippines (R.A. 7394) through electronic means under the E-Commerce Act (R.A. 8792)

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(2.3) The concerned implementing agencies shall inform the complainant on

the action taken thereby.

(2.4) The complaint shall be decided within fifteen (15) days from the time the

investigation was terminated.

(2.5) Any order, not interlocutory, of the Consumer Arbitration Officer (CAO),

becomes final and executory unless appealed to the Secretary of the

concerned implementing agency within 15 days from receipt of such

order. An appeal may be entertained only on any of the following

grounds:

(2.5.1) grave abuse of discretion;

(2.5.2) the order is in excess of the jurisdiction or authority of the CAO;

and

(2.5.3) the order is not supported by the evidence or there is serious error

in the findings of facts.

(2.6) The Secretary of the concerned implementing agency shall decide the

appeal within thirty (30) days from receipt thereof. The decision becomes

final after fifteen (15) days from receipt thereof unless a petition for

certiorari is filed with the proper court.

The above procedure shall be supplemented by DTI-DOH-DA Joint Administrative

Order (JAO) No. 1, Series of 1993 or “Rules and Regulations Implementing the

Provisions of Chapter III Title V of Republic Act No. 7394 Otherwise Known as the

Consumer Act of the Philippines” and other existing rules. However, for complaints

filed with the DTI under JAO 1, Series of 1997, the procedure shall be supplemented

by the Department Administrative Order No. 7, Series of 2006 or “Instituting the

Simplified and Uniform Rules of Procedures for Administrative Cases Filed with the

Department of Trade and Industry (DTI) for Violation of the Consumer Act of the

Philippines and Other Trade and Industry Laws” and Department Administrative Order

No. 5, Series of 2007 or “Rules on Mediation in the Resolution of Inquiries, Complaints

and/or Cases Filed with the Department and Trade and Industry (DTI) for Violations of

the Consumer Act of the Philippines and Other Trade and Industry Laws

Supplementing Department Administrative Order No. 07, Series of 2006”, an

Alternative Dispute Resolution.

Any consumer located in the Philippines aggrieved by any consumer transaction

through electronic means with a retailer seller, distributor, supplier or manufacturer

from another country may file his complaint in the Philippine trade/consular

office/embassy therein or directly in the foreign government agency or regulator of the