Question & AnswerQ&A (KKI DEPARTMENT ORDER NO. 124 s. 1992)
The Provincial Directors are designated as Acting Consumer Arbitration Officers pending the appointment of Consumer Arbitration Officers under RA 7394.
They have original and exclusive jurisdiction to mediate, conciliate, hear, and adjudicate consumer complaints within their provincial jurisdiction involving specific chapters and articles of the Consumer Code of the Philippines as stated in Section 2 of the Order.
The Legal Officers of the Office of Legal Affairs are the Acting Consumer Arbitration Officers in the National Capital Region.
Complaints arising from consumer product quality and safety (not implemented by DOH or DA), deceptive and unfair sales acts, violation of the use of the metric system, product warranties, labeling and packaging (except food, drugs, cosmetics, devices, hazardous substances), price tag requirements, liability for products and services, advertising and sales promotion (except food, drugs, cosmetics, devices, hazardous substances), regulation of repair/service firms, and consumer credit transactions.
The Head must commence an investigation upon petition or letter-complaint and may initiate formal administrative action if a prima facie violation is found, either motu proprio or upon verified complaint.
The primary objective is to ensure the contending parties come to a settlement of the case through mediation.
The Acting Consumer Arbitration Officer may proceed to formally investigate, hear, and decide the case, which should be resolved within fifteen (15) days from the end of the investigation.
Penalties include cease and desist orders, acceptance of voluntary assurance of compliance or discontinuance, restitution or rescission of contracts without damages, condemnation and seizure of hazardous products, and administrative fines ranging from P500 to P300,000 with additional fines for continuing violations.
Yes, any final and executory order may be appealed to the Secretary within fifteen (15) days from receipt through the Director of the Office of Legal Affairs, who will review and decide the appeal as a delegatee of the Secretary.
The rules laid down in Ministry Order No. 69, Series of 1983 shall be followed insofar as they are not inconsistent with the Consumer Code and this Order.