Article 90Supplement v1, p. 90

COMMERCIAL LAWS SUPPLEMENT

e) to undertake a continuing education and information

campaign to provide the consumer with, among others:

1) facts about consumer products and services;

2)

consumer rights and the mechanism for redress

available to him;

3) information on new concepts and developments on

consumer protection; and

4) general knowledge and awareness necessary for a

critical and better judgment on consumption;

5) such other matters of importance to the consumer's

general well-being.

ARTICLE 154. Consumer Education in Schools . — The

Department of Education, Culture and Sports, with the

cooperation and advice of the Council, shall develop and

adopt a consumer education program which shall be

integrated into existing curricula of all public and private

schools from primary to secondary levels.

A

continuing

consumer

education

program

for

out-of-school

youth

and

adults

shall

likewise

be

developed and undertaken.

The

consumer

education

program

shall

include

information regarding:

a) the consumer as a responsible member of society and

his responsibility to develop:

1) critical awareness which is the responsibility to be alert

and questioning about the use of and the price and

quality of goods he uses;

2) assertiveness which is the responsibility to assert

himself and act so he is assured of a fair deal, aware that

for as long as he remains to be a passive consumer he will

continue to be exploited;

3) social concern which is the responsibility to be aware of

the

impact

of

his

consumption

on

other

citizens,

especially the disadvantaged; and

4) environmental awareness which is the responsibility to

understand

the

environmental

consequences

of

his

consumption,

recognizing

his

individual

and

social

responsibility to conserve natural resources for future

generations;

b) consumer rights; and

c) practical problems the consumer faces in daily life.

ARTICLE

155.

Concerned

Departments,

Powers

and

Duties

Under

Existing

Laws .

—

The

concerned

departments shall continue to exercise the powers and

duties provided to them under existing laws, unless

repealed or modified accordingly.

ARTICLE

156.

Consumer

Participation .

—

The

Departments shall establish procedures for meaningful

participation by consumers or consumer organizations in

the development and review of department rules, policies

and programs. Such procedures shall include provisions

for a forum, where consumers can express their concerns

and

recommendations

to

decision

makers.

The

departments shall exert efforts to inform consumers of

pending

proceedings

where

their

participation

is

important.

ARTICLE 157. Advisory Services . — The departments shall

render advisory services upon request. Technical and

legal assistance shall be made available to consumers

and their organizations and to the general public.

ARTICLE

158.

Consumer

Program

Reforms .

—

Each

concerned Department shall formulate and develop a

consumer program consonant with the objectives of its

charter

or the applicable laws which program shall

embody the standards set forth in Sections 156 and 157 of

this Act. Copies of these program shall be furnished the

Council. The Executive Director shall, among his other

functions, monitor and coordinate the implementation by

the concerned agencies of their respective consumer

programs.

After the close of the fiscal year, the Council shall submit

to Congress and the Office of the President, a full report

on the progress of the implementation of consumer

programs.

CHAPTER III Consumer Complaints

ARTICLE 159. Consumer Complaints . — The concerned

department

may

commerce

an

investigation

upon

petition or upon letter-complaint from any consumer:

Provided , That, upon a finding by the department of a

prima facie violation of any provisions of this Act or any

rule or regulation promulgated under its authority, it may

motu proprio or upon verified complaint commerce

formal administrative action against any person who

appears

responsible

therefor.

The

department

shall

establish

procedures

for

systematically

logging

in,

investigating and responding to consumer complaints

into the development of consumer policies, rules and

regulations, assuring as far as practicable simple and easy

access on the part of the consumer to seek redress for his

grievances.

ARTICLE

160.

Consumer

Arbitration

Officers .

—

The

concerned Department Secretaries shall appoint as many

qualified

consumer

arbitration

officers

as

may

be

necessary for the effective and efficient protection of

consumer rights: Provided, however , That there shall be

not more than ten (10) consumer arbitration officers per

province, including the National Capital Region.

ARTICLE

161.

Consumer

Arbitration

Officers ;

Qualifications . — The consumer arbitration officer must

be a college graduate with at least three (3) years

experience in the field of consumer protection and shall

be of good moral character.

ARTICLE 162. Arbitration Officers ; Jurisdiction . — The

consumer arbitration officers shall have original and

exclusive jurisdiction to mediate, conciliate, hear and

adjudicate all consumer complaints, Provided, however,

That this does not preclude the parties from pursuing the

proper judicial action.

ARTICLE 163. Investigation Procedure . — a) The consumer

arbitration

officer

shall

conduct

hearings

on

any

complaint received by him or referred by the Council.

b) Parties to the case shall be entitled to notice of the

hearing, and shall be informed of the date, time and place

of the same. A copy of the complaint shall be attached to

the notice.

c) The department shall afford all interested parties the

opportunity to submit a statement of facts, arguments,

offers of settlement or proposals of adjustments.

d)

The

Consumer

arbitration

officer

shall

first

and

foremost ensure that the contending parties come to a

settlement of the case.

e) In the event that a settlement has not been effected,

the

Mediation officer may now proceed to formally

investigate, hear and decide the case.

f)

The

Consumer

arbitration

officer

may

summon

witnesses,

administer

oaths

and

affirmations,

issue

subpoena and subpoena duces tecum , rule upon offers

of proof and receive relevant evidence, take or cause

deposition to be taken whenever the ends of justice

would be served thereby, regulate the course of the

hearing, rule on any procedural request or similar matter

and decide the complaint.

In hearing the complaint, the mediation officer shall use

every and all reasonable means to ascertain the facts in

each complaint speedily and objectively without regard

to strict rules of evidence prevailing in suits before courts.

The complaints shall be decided within fifteen (15) days

from the time the investigation was terminated.

ARTICLE 164. Sanctions . — After investigation, any of the

following administrative penalties may be imposed even

if not prayed for in the complaint:

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