QuestionsQuestions (Act No. 2333)
It penalizes any person, firm, corporation, or association that, with intent to sell or otherwise dispose of merchandise, securities, services, or anything offered to the public (or to increase consumption or induce the public to enter into obligations/acquire title or interest), makes/publishes/disseminates/circulates/places before the public in the Philippines an advertisement that contains intentionally untrue, deceptive, or misleading assertions, representations, or statements of fact.
Any person, firm, corporation, or association that performs the prohibited acts with the specified intent.
The advertisement must be made/published with (1) intent to sell or in any wise dispose of what is offered to the public, or (2) intent to increase consumption, or (3) intent to induce the public to enter into any obligation relating thereto or to acquire title or an interest therein.
The advertisement must contain an assertion, representation, or statement of fact that is intentionally untrue, deceptive, or misleading.
No. It applies to advertisements published in a newspaper or other publication and also in forms such as books, notices, handbills, posters, bills, circulars, pamphlets, letters, or any other way.
It applies to advertisements made/published/placed before the public in the Philippine Islands.
A fine not exceeding six hundred pesos, or six months’ imprisonment, or both, at the discretion of the court.
It states that the fine/imprisonment is “for each offense,” implying separate liability per offense.
Both. Liability covers making/publishing/disseminating/circulating/placing before the public, and also causing the advertisement to be made/published/disseminated/circulated/placed before the public.
It must involve statements of fact that are intentionally untrue, deceptive, or misleading—meaning not merely inaccurate, but intentionally so.
All acts and ordinances, and parts thereof, inconsistent with Act No. 2333 are repealed.
It took effect on July 1, 1914.
It is classified as a misdemeanor.
The law covers advertisements made with intent to induce the public to enter obligations relating to the offered item or to acquire title/interest in it, even if the immediate goal is not just direct sales.
The statute requires that the advertisement contains an assertion of fact that is “intentionally untrue, deceptive, or misleading,” and that the advertiser acts with one of the specified intents (e.g., to sell, increase consumption, induce obligations, or acquire title/interest). Without these intents, it would not fit the statute’s elements.