QuestionsQuestions (DTI ADMINISTRATIVE ORDER NO. 9)
It is issued pursuant to Section 2 of Executive Order (E.O.) No. 913, s. 1983, and Section 3(x) of E.O. No. 133, s. 1987, empowering the Secretary of the DTI to promulgate rules and regulations to implement the provisions and intent of trade and industry laws, specifically for compliance with Republic Act (R.A.) No. 4109.
Priority products are those that affect life, health, safety and property, such as electrical and firefighting equipment, construction materials, medical oxygen, and consumer goods.
Mandatory standards are standards imposed by the Bureau of Product Standards (BPS) on priority products, whether manufactured locally or imported.
A PS License is the license issued by BPS to manufacturers or importers of priority products after they have complied with the mandatory standards.
The PS Mark is the mark required by BPS to be placed on priority products manufactured or imported by a PS License holder, and it must be used prior to selling, offering for sale, or otherwise disposing of the product (Section 3).
Manufacturers and importers must also use “other markings” mandated by BPS or other concerned agencies, in addition to the PS Mark, prior to selling or disposing of the product (Section 3).
All distributors, wholesalers, and retailers of priority products must sell or offer for sale only priority products with PS License, PS Mark, and other required markings (Section 4).
It is prohibited to sell, offer for sale, or otherwise dispose of any priority product without the required PS License and a certification from BPS that the product conforms to mandatory standards (Section 5[a]).
It is prohibited to sell, offer for sale, or otherwise dispose of a priority product without the PS Mark or other markings required by R.A. No. 4109 and the implementing rules and regulations of the DTI (Section 5[a], second item).
It prohibits selling, offering for sale, or disposing of any priority product under a “take PS License of Mark” (as worded in the text). The policy behind prohibition is to prevent improper or unauthorized use of licensing/marking arrangements that do not comply with the required PS License and mandated marking requirements.
It is prohibited to issue customs export entry, import entry, declaration, release certificate, manifest, clearance, import permit, or permit to ship abroad or discharge without an inspection conducted in accordance with the specified subsections of Section 4 of R.A. No. 4109 (Section 5[a], item on customs documents).
The A.O. prohibits: (1) failure/refusal to comply with BPS summons/subpoena/subpoena duces tecum; (2) refusal to be sworn in before testimony; (3) refusal to answer pertinent questions; (4) giving false or misleading data/information; and (5) willful concealment of a material fact (Section 5[a], last item list).
DTI Provincial Directors file formal charges based on verified complaints/reports and may designate officers for investigation/mediation/prosecution. If in mediation the respondent admits the violation, the Provincial Director issues the decision and imposes penalties under E.O. 913; otherwise, a statement of violation is filed with the Regional Office. The Regional Director conducts formal investigation and decision under E.O. 913. A formal hearing is prosecuted by the Provincial Director or authorized representative. The written decision must be served within 15 days. A motion for reconsideration or appeal must be filed within 15 days; otherwise the decision becomes final and executory after 15 days from receipt.
Violations may be punished with any or all penalties under E.O. 913, including: cease-and-desist order; condemnation/seizure of the products; seizure and forfeiture of paraphernalia/properties used; closure of the establishment with a minimum of five days (and possible permanent closure if warranted); administrative fines from not less than ₱500 to not more than ₱150,000 plus up to ₱100,000 for each day of continuing violation; cancellation or suspension of permits/licenses/registrations (up to one year); and censure.
No. Section 7 states that filing an administrative case before the DTI is without prejudice to filing appropriate criminal charges for violations of R.A. No. 4109 and other referenced laws (P.D. Nos. 187, 748 and B.P. Blg. 8).
It takes effect fifteen (15) days after publication in two (2) newspapers of general circulation (Section 9).