TCCCI-MEMORANDUM-OCCS-2022-07-
05 July 2022
FROM : ALBERT LLOYD C. CADAVIS
Paralegal
Office of the Corporate Counsel Services
RE : EIGHT (8) BASIC CONSUMER RIGHTS
Reports of higher fuel costs are causing concerns not only in the Philippines but
worldwide as pressure increases on businesses and people to buy goods and
services. With this, consumers shall expect a bigger increase in the prices of
commodities. Many might take advantage of this and possibly raise the price of
their goods without following the Department of Trade and Industry laws and
regulations.
The Department of Trade and Industry (DTI) issued a Policy Advisory 22-01 to
elucidate the legal bases of the eight (8) basic consumer rights under the laws, to
ensure that consumers are guided properly on which laws to invoke in reference to
their rights.
The eight (8) basic consumer rights and their legal bases are as follows:
1. The Right to Basic Needs
This refers to the right to have access to basic, essential goods and services
such as adequate food, clothing, shelter, health care, education, public
utilities, water and sanitation. For the protection of this right, the following
may be invoked:
1. The 1987 Constitution, Article XIII, Section 9 on Urban Land Reform
and Housing
2. Republic Act No. 7581, or the Price Act, as amended:
Section 2: Declaration of Basic Policy
Section 5: Illegal Acts of Price Manipulation
Section 6: Automatic Price Control
Section 7: Mandated Price Ceiling
3. Republic Act No. 7160, or the Local Government Code of 1991:
Section 447(5.11-V): Powers, Duties, Functions and
Compensation (Municipality)
Section 458(5.11-V): Powers, Duties, Functions and
Compensation (City)
Section 456: Powers, Duties, Functions and Compensation
(Province)
The Covenant Car Company, Inc.
5th floor ALCO Building 391 Sen Gil Puyat Avenue
Makati City Philippines
TCCCI-MEMORANDUM-OCCS-2022-07-
05 July 2022
2. The Right to Safety
This is the right to be protected against products, production processes and
services that are hazardous to health or life. This right is protected under the
following laws:
1. Republic Act No. 7394 or the Consumer Act of the Philippines:
Article 2(a): Declaration of Basic Principles
Title II Chapter 1: Consumer Product Quality and Safety
Title II Chapter II: Food, Drugs, Cosmetic and Devices
Title II Chapter III: Hazardous Substance
2. Republic Act No. 10611 or the Food Safety Act of 2013:
Section 5: Food Safety Requirements
Section 6: Food Law Objectives
Section 7: Use of Science-based Risk Analysis
Section 8: Protection of Consumer Interest
Section 9: Setting of Food Safety Standards
Section 12: Application to Trade
Section 13: Principal Responsibility of Food Business
Operators
Section 14: Specific Responsibilities of Food Business
Operators
3. Republic Act No. 7160 or the Local Government Code of 1991,
Section 478 on Qualifications, Power and Duties (Health Officer)
3. The Right to Information
This refers to the right to be given the facts needed to make an informed
choice, and to be protected against dishonest or misleading advertising and
labelling. In relation to this, the following may be invoked:
1. Republic Act No. 7394 or the Consumer Act of the Philippines:
Title III on Protection Against Deceptive, Unfair and
Unconscionable Sales Acts or Practices:
Chapter I: Deceptive, Unfair and Unconscionable Sales
Acts or Practices
Chapter II: Regulation of Practices Relative to Weights and
Measures
Chapter VI: Advertising and Sales Promotion
2. Republic Act No. 10909 or the No Shortchanging Act of 2016:
The Covenant Car Company, Inc.
5th floor ALCO Building 391 Sen Gil Puyat Avenue
Makati City Philippines
TCCCI-MEMORANDUM-OCCS-2022-07-
05 July 2022
Section 2(c): Declaration of Policy
Section 3(1): Definition of Terms
Section 4(c): Regulated Acts
4. The Right to Choose
This refers to the right to be able to select from a range of products and
services, offered at competitive prices with an assurance of satisfactory
quality. This right is protected under the following:
1. Republic Act No. 10667 or the Philippine Competition Act:
Section 2: Declaration of Policy
Section 12(m): Powers and Functions
Section 14: Anti-Competitive Agreements
Section 32: Relationship with Sector Regulators
5. The Right to Representation
This is the right to have consumer interests represented in the making and
execution of government policy, and in the development of products and
services. The following may be invoked:
1. Republic Act No. 7394 or the Consumer Act of the Philippines,
Article 156 on Consumer Participation
2. Republic Act No. 7581 or the Price Act, as amended, Section 11
on Price Coordinating Council
6. The Right to Redress
This means that consumers have the right to receive a fair settlement of just
claims, including compensation for misrepresentation, shoddy goods or
unsatisfactory services. This right is protected under the following laws:
1. Republic Act No. 7394 or the Consumer Act of the Philippines:
Article 2: Declaration of Basic Policy
Article 11: Amendment and Revocation of Declaration of
the Injurious, Unsafe or Dangerous Character of a
Consumer Product
Article 68: Additional Provisions on Warranties
Article 97: Liability for Defective Products
Article 100: Liability for Product and Service Imperfection
Article 101: Liability for Product Quality Imperfection
Article 102: Liability for Service Quality Imperfection
The Covenant Car Company, Inc.
5th floor ALCO Building 391 Sen Gil Puyat Avenue
Makati City Philippines
TCCCI-MEMORANDUM-OCCS-2022-07-
05 July 2022
Article 106: Prohibition in Contractual Stipulation
Article 122(b): Injunctive Relief
2. Republic Act No. 8293 or the Intellectual Code of the Philippines,
Section 169 on False Designation of Origin; False Description or
Representation
7. The Right to Consumer Education
This refers to the right to acquire knowledge and skills needed to make
informed, confident choices about goods and services while being aware of
basic consumer rights and responsibilities and how to act on them. The
following may be invoked:
1. Republic Act No. 7394 or the Consumer Act of the Philippines,
Article 2(c) on the Declaration of Basic Policy
2. Republic Act No. 3720, as amended, or the Food, Drug, and
Cosmetic Act, Section 29 on Publicity
3. Republic Act No. 9211 or the Tobacco Regulation Act of 2003:
Section 13: Warning on Cigarette Packages
Section 14: Warning in Advertising
Section 34: Information Drive
Section 35: Instruction on the Hazardous Effect of
Smoking as part of School Curricula
8. The Right to a Healthy Environment
This is the right to live and work in an environment that is non-threatening to
the well-being of present and future generations. This right is protected by
the following:
1. The 1987 Constitution, Article II, Section 16 on Balance and
Healthful Ecology
2. Republic Act No. 7394 or the Consumer Act of the Philippines,
Article 2(a) on the Declaration of Basic Policy
3. Republic Act No. 9003, or the Ecological Solid Waste
Management Act of 2000, Section 2(a), (d), (f) on the
Declaration of Policies.
It must be noted, however, that the laws enumerated above are not exclusive.
Other laws, rules and regulations, issuances may also be sources of Consumer
Rights,
The Covenant Car Company, Inc.
5th floor ALCO Building 391 Sen Gil Puyat Avenue
Makati City Philippines
TCCCI-MEMORANDUM-OCCS-2022-07-
05 July 2022
As far as practicable, the Eight (8) Basic Consumer Rights should be referred to or
invoked in all matters related to consumer protection, including but not limited to
settlements, decisions, resolutions in mediation or adjudication of consumer
complaints.
Please be guided accordingly.
Reviewed By:
ROGER C. DE DIOS
Manager
Office of the Corporate Counsel Services
Approved By:
ATTY. RASSEL LEAH A. AG-AGWA
First Assistant Vice President and Director
Office of the Corporate Counsel Services
The Covenant Car Company, Inc.
5th floor ALCO Building 391 Sen Gil Puyat Avenue
Makati City Philippines