Article 81Supplement v1, p. 81

COMMERCIAL LAWS SUPPLEMENT

ARTICLE 69. Warranties in Supply of Services . — a) In

every contract for the supply of services to a consumer

made by a seller in the course 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.

b) 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.

ARTICLE 70. Professional Services . — The provisions of this

Act on warranty shall not apply to professional services of

certified

public

accountants,

architects,

engineers,

lawyers, veterinarians, optometrists, pharmacists, nurses,

nutritionists,

dietitians,

physical

therapists,

salesmen,

medical and dental practitioners and other professionals

engaged in their respective professional endeavors.

ARTICLE 71. 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 indicated in the pertinent invoices.

ARTICLE 72. Prohibited Acts . — The following acts are

prohibited:

a) refusal without any valid legal cause by the total

manufacturer

or

any

person

obligated

under

the

warranty or guarantee to honor a warranty or guarantee

issued;

b) unreasonable delay by the local manufacturer or any

person obligated under the warranty or guarantee in

honoring the warranty;

c) removal by any person of a product's warranty card for

the purpose of evading said warranty obligation;

d) any false representation in an advertisement as to the

existence of a warranty or guarantee.

ARTICLE 73. Penalties . — a) Any person who shall violate

the provisions of Article 67 shall be subject to fine of not

less than Five hundred pesos (P500.00) but not more

than

Five

thousand

pesos

(P5,000.00)

or

an

imprisonment of not less than three (3) months but not

more than two (2) years or both upon the discretion of the

court. A second conviction under this paragraph shall also

carry with it the penalty or revocation of his business

permit and license.

b) Any person, natural or juridical, committing any of the

illegal acts provided for in Chapter III, except with respect

to Article 67, shall be liable for a fine of not less than One

thousand pesos (P1,000.00) but not more than Fifty

thousand

pesos

(P50,000.00)

or imprisonment for a

period of at least one (1) year but not more than five (5)

years, or both, at the discretion of the court.

The imposition of any of the penalties herein provided is

without prejudice to any liability incurred under the

warranty or guarantee.

CHAPTER IV Labeling and Fair Packaging

ARTICLE 74. Declaration of Policy . — The State shall

enforce

compulsory

labeling,

and

fair

packaging

to

enable the consumer to obtain accurate information as to

the nature, quality and quantity of the contents of

consumer products and to facilitate his comparison of the

value of such products.

ARTICLE 75. Implementing Agency . — The Department of

Trade and Industry shall enforce the provisions of this

Chapter and its implementing rules and regulations:

Provided , That with respect to food, drugs, cosmetics,

devices, and hazardous substances, it shall be enforced by

the concerned department.

ARTICLE 76. Prohibited Acts on Labeling and Packaging .

— It shall be unlawful for any person, either as principal or

agent, engaged in the labeling or packaging of any

consumer product, to display or distribute or to cause to

be displayed or distributed in commerce any consumer

product whose package or label does not conform to the

provisions of this Chapter.

The prohibition in this Chapter shall not apply to persons

engaged in the business of wholesale or retail distributors

of consumer products except to the extent that such

persons:

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; or

c) having knowledge, refuse to disclose the source of the

mislabeled or mispackaged products.

ARTICLE

77.

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 in 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 regulations

they will promulgate under authority of this Act:

a) whether it is flammable or inflammable;

b) directions for use, if necessary;

c) warning of toxicity;

d) wattage, voltage or amperes; or

e) process of manufacture used if necessary.

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 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.

ARTICLE 78. Philippine Product Standard Mark . — The

label may contain the Philippine Product Standard Mark

if it is certified to have passed the consumer product

standard prescribed by the concerned department.

ARTICLE 79. Authority of the Concerned Department to

Provide

for

Additional

Labeling

and

Packaging

Requirements . — Whenever the concerned department

determines

that regulations containing requirements

other than those prescribed in Article 77 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:

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