Question & AnswerQ&A (DOLE DEPARTMENT ADMINISTRATIVE ORDER NO. 04, S. 1997)
The primary purpose is to achieve uniformity in the adjudication of cases, simplify procedures, and improve the administration of justice within the Department of Trade and Industry by establishing clear rules on venue for consumer complaints.
A complainant may file the case in duplicate with the Provincial Office, or in areas without a Provincial Office, with the Regional Office. The place of filing can be at the complainant's option and includes various specified venues such as place where the offense was committed, place of transaction, or residence of the parties involved.
The complaint may be filed at: a) place where the offense was committed wholly or partially; b) place where an essential ingredient of the offense was committed; c) place specified by the parties by written agreement; d) place where the transaction was consummated; e) place of execution of the contract sued upon; f) place of residence of the complainant; g) place of residence of the respondent.
No, the choice of venue by the complainant should not restrict the speedy resolution of the case as stated in Section 2 of Rule I.
The Provincial or Regional Office where the complaint is first filed and that has jurisdiction shall take cognizance to the exclusion of other offices with similar jurisdiction.
No, the complaint need not be converted to a formal charge. The complaint shall continue to be the basis of adjudication from filing up to appeal.
Yes, by written agreement of the parties, the venue of an action may be changed or transferred from one province to another.
No, parties are not precluded from pursuing proper judicial action in appropriate cases.
The office which first acquires jurisdiction over the case shall take cognizance to the exclusion of the others.
Yes, the administrative case shall proceed independently unless the regular court directs otherwise.
Yes, the Rules of Court shall apply suppletorily in such cases.
The invalidation of any provision shall not affect other provisions which shall remain in full force and effect (separability clause).
It took effect fifteen days after its publication in two newspapers of general circulation, following its adoption on 17 June 1997.