QuestionsQuestions (DTI DEPARTMENT ADMINISTRATIVE ORDER NO. 13-02, S. 2013)
The procedures apply to consumer complaints under Title V, Chapter III, Article 159 of Republic Act No. 7394 (Consumer Act of the Philippines), as stated in Rule I, Section 2 and the preamble of DTI DAO No. 13-02, s. 2013.
It applies solely to consumer complaints under RA 7394, Title V, Chapter III, Article 159. It does not apply to formal charges filed by DTI for violations of other trade and industry laws (e.g., RA 7581 Price Act), which remain governed by DAO No. 07, s. 2006 and DAO No. 05, s. 2007.
Mediation is mandatory. A complaint cannot be submitted for arbitration/adjudication without passing the mediation stage (Rule II, Section 2).
Notices are served through courier, personal delivery, or postal services, always with proof of service and receipt (Rules II and III).
DTI must record and update actions, including proof of service and receipt, in the DTI Customer Relationship Management (CRM) System, specifically the Action Module (Rules II, Section 1 and III, Section 1).
If no settlement is reached, or if the party complained of (or duly authorized representative) fails or refuses to appear or participate, the Mediation Officer issues a Notice of Failure of Mediation and submits the case for adjudication (Rule II, Section 3(b)).
The Mediation Officer dismisses the complaint without prejudice and archives the same (Rule II, Section 3(b)).
The total number of days under Rule II (Mediation) shall not exceed ten (10) working days from receipt of the complaint (Rule II, Section 4).
They execute a Mediation Agreement immediately upon successful mediation. The Agreement is final and executory (Rule II, Section 3(a)).
The Adjudication Officer issues an Order declaring that the party waived its right to file the position paper, and the case is decided based on the documents or evidence available on record (Rule III, Section 2).
The Decision must be clear and concise and contain: (1) relevant facts, (2) issues involved, (3) applicable law and/or jurisprudence, (4) conclusions and reasons, and (5) reliefs granted and any administrative penalties imposed, if any (Rule III, Section 3(a)).
A copy of the Decision is served by personal service or registered mail with proof of service through post registry return card (Rule III, Section 3(b)).
The total number of days under Rule III (Adjudication) shall not exceed twenty (20) working days from receipt of the Failure of Mediation (Rule III, Section 4).
The total number of mediation and adjudication days shall not exceed thirty (30) working days (Rule IV, Section 1).
Yes. For valid reasons, postponement may be allowed for a total period not exceeding five (5) working days in addition to the maximum periods already provided (Rule V, Section 1).
Yes. It states that all other provisions of DAO No. 05, s. 2007 and DAO No. 07, s. 2006 or portions inconsistent with this Order are repealed, modified, or amended accordingly (Rule VI, Section 1).
It takes effect fifteen (15) days after its publication in two (2) newspapers of general circulation, with three (3) copies sent to the National Administrative Register at the UP Law Center and to the Official Gazette (Rule VI, Section 3).