Question & AnswerQ&A (DTI DEPARTMENT ADMINISTRATIVE ORDER NO. 13-02, S. 2013)
The Order is titled as 'Amendments to Certain Provisions of DAO No. 05, Series of 2007 and DAO No. 07, Series of 2006'.
This Order applies solely to consumer complaints under Title V, Chapter III, Article 159 of Republic Act No. 7394 or the Consumer Act of the Philippines.
No, this Order does not apply to formal charges filed by the DTI for violations of other trade and industry laws, including Republic Act No. 7581 or the Price Act and its IRR, which remain governed by DAO No. 05, Series of 2007 and DAO No. 07, Series of 2006.
On the day the complaint is received, the DTI shall issue a written Notice of Mediation setting the date, time, and place of mediation and serve notices to the parties with proof of service.
Yes, mediation is mandatory, and no complaint will be submitted for arbitration without first undergoing mediation.
If mediation is successful, a Mediation Agreement shall be prepared and executed by the parties, becoming final and executory.
If mediation fails or the party complained of fails to appear, a Notice of Failure of Mediation is issued and the case is submitted for adjudication. If the complainant fails to appear, the complaint is dismissed without prejudice.
The mediation period shall not exceed ten (10) working days from receipt of the complaint.
Upon receipt of the Failure of Mediation, a Notice of Adjudication is issued directing parties to submit position papers within five (5) working days and/or setting hearing dates if necessary.
An order declaring that party to have waived its right to file one shall be issued and the case will be decided based on available records.
The Decision shall contain relevant facts, issues involved, applicable law or jurisprudence, conclusions and reasons, relief granted, and any penalties imposed.
The total number of days for mediation and adjudication shall not exceed thirty (30) working days.
Yes, postponement may be allowed for valid reasons, not exceeding five (5) working days in addition to the periods stated.
This Order takes effect fifteen (15) days after its publication in two newspapers of general circulation.
Inconsistent provisions of those DAOs and other issuances are repealed, modified, or amended accordingly by this Order.