Article 79Supplement v1, p. 79

COMMERCIAL LAWS SUPPLEMENT

the hours of nine o'clock in the morning and seven

o'clock in the evening 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.

ARTICLE

56.

Home

Solicitation

Sales ;

by

Whom

Conducted .

—

Home solicitation sales shall only be

conducted by a person who has the proper identification

and

authority

from

his

principal

to

make

such

solicitations.

ARTICLE 57. Receipts for Home Solicitation Sales . — Sales

generated from home solicitation sales shall be properly

receipted as per existing laws, rules and regulations on

sale transactions.

ARTICLE

58.

Prohibited

Representations . — A home

solicitation sale shall not represent that:

a) the buyer has been specially selected;

b) a survey, test or research is being conducted; or

c) the seller is making a special offer to a few persons only

for a limited period of time.

ARTICLE 59. 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 benefit

to said buyer in return for each and every transaction

consummated by said seller with the persons referred by

said buyer or for subsequent sales that said buyers has

helped the seller enter into.

ARTICLE 60. Penalties . — a) Any person who shall violate

the provisions of Title III, Chapter I, shall upon conviction,

be subject to a fine of not less than Five Hundred Pesos

(P500.00)

but

not

more

than

Ten

Thousand

Pesos

(P10,000.00) or imprisonment of not less than five (5)

months but not more than one (1) year or both, upon the

discretion of the court.

b) In addition to the penalty provided for in paragraph (1),

the

court

may

grant

an

injunction

restraining

the

conduct constituting the contravention of the provisions

of Articles 50 and 51 and/or actual damages and such

other orders as it thinks fit to redress injury to the person

caused by such conduct.

CHAPTER II Regulation of Practices Relative to

Weights and Measures

General Provision

ARTICLE 61. Implementing Agency . — The provincial, city,

or

municipal

treasurers

shall

strictly

enforce

the

provisions of this Chapter, and its implementing rules and

regulations: Provided, That, with respect to the use of the

Metric System, it shall be enforced by the Department of

Trade and Industry.

ARTICLE

62.

Sealing

and

Testing of Instruments of

Weights and Measure . — All instruments for determining

weights and measures in all consumer and consumer

related transactions shall be tested, calibrated and sealed

every six (6) months by the official sealer who shall be the

provincial or city or municipal treasurer or his authorized

representative upon payment of fees required under

existing law: Provided , That all instruments of weights

and

measures

shall

continuously

be

inspected

for

compliance with the provisions of this Chapter.

ARTICLE 63. 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 of Trade and Industry shall also adopt

standard measurement for garments, shoes and other

similar consumer products.

Prohibited Acts

ARTICLE 64. Fraudulent Practices Relative to Weights

and Measures . — The following acts relating to weights

and measures are prohibited:

a) for any person other than the official sealer or his duly

authorized representative to place or attach an official

tag,

seal,

sticker,

mark,

stamp,

brand

or

other

characteristic sign used to indicate that such instrument

of

weight

and

measure

has

officially

been

tested,

calibrated, sealed or inspected;

b) for any person to imitate any seal, sticker, mark, stamp,

brand, tag or other characteristic sign used to indicate

that such instrument of weight or measures has been

officially tested, calibrated, sealed or inspected;

c) for any person other than the official sealer or his duly

authorized

representative

to

alter

in

any

way

the

certificate or receipt given by the official sealer or his 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 weight or measure has been officially

tested, calibrated, sealed or inspected;

e) for any person other than the official sealer or his duly

authorized representative to alter the written or printed

figures, 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 certificate 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 or not;

j) for any person to fraudulently give short weight or

measure in the making of a scale;

k) for any person, assuming to determine truly the weight

or measure of any article bought or sold by weight or

measure, to fraudulently misrepresent the weight or

measure thereof; or

l) for any person to procure the commission 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 officially affixed thereto remains intact and in the

same position and condition in which it was placed by

the official sealer or his duly authorized representative

shall, if presented for sealing, be sealed promptly on

demand

by

the

official

sealer

or

his

authorized

representative without penalty except a surcharge fixed

by law or regulation.

ARTICLE 65. Penalties . — a) Any person who shall violate

the provisions of paragraphs (a) to (f) and paragraph (l) of

Article 64 or its implementing rules and regulations shall,

upon conviction, be subject to a fine of not less than Two

hundred

pesos

(P200.00)

but

not

more

than

One

thousand pesos (P1,000.00) or by imprisonment of not

more than one (1) year or both upon the discretion of the

court.

© Compiled by RGL

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