Title
DTI Amendments on Consumer Complaint Procedures
Law
Dti Department Administrative Order No. 13-02, S. 2013
Decision Date
Dec 18, 2013
The DTI Department Administrative Order No. 13-02, s. 2013 introduces amendments to consumer complaint procedures, including mandatory mediation, in order to resolve disputes before resorting to adjudication.
A

Mediation Process

  • Immediate issuance of a Notice of Mediation upon receipt of a consumer complaint, detailing the schedule and venue.
  • Notices are served via courier, personal delivery, or postal service, with proof of receipt recorded in the DTI Customer Relationship Management (CRM) System.
  • Mediation is mandatory; complaints cannot proceed to arbitration without mediation.
  • Multiple mediation conferences may be scheduled if needed.
  • Successful mediation results in an immediately executed Mediation Agreement, which is final and binding.
  • Failure to settle or non-appearance by the respondent leads to a Notice of Failure of Mediation and referral for adjudication.
  • Non-appearance or refusal by the complainant results in dismissal without prejudice.
  • The mediation period shall not exceed ten (10) working days from receipt of complaint.

Adjudication Process

  • Upon failure of mediation, the Adjudication Officer issues a Notice of Adjudication on the same day.
  • Parties must file position papers with evidence within five (5) working days or attend hearings if set.
  • Notices for adjudication are served with proof and logged in the CRM system.
  • Failure to submit position papers results in waiver of the right to file and case decided on available records.
  • Decisions are clear, containing facts, issues, applicable laws, conclusions, reliefs, and penalties.
  • Decisions are served personally or by registered mail with proof of service.
  • The adjudication period shall not exceed twenty (20) working days from the failure of mediation.

Overall Duration of Mediation and Adjudication

  • Combined mediation and adjudication periods shall not exceed thirty (30) working days from receipt of complaint or failure of mediation.

Postponement

  • Postponements may be granted for valid reasons but cannot exceed five (5) working days beyond the established periods.

Other Provisions

  • Previous inconsistent provisions of DAO No. 05, Series of 2007, DAO No. 07, Series of 2006, and related issuances are repealed or amended accordingly.
  • Contains a separability clause ensuring that invalidity of any part does not affect remaining provisions.
  • The Order takes effect 15 days after publication in two newspapers and is registered with the National Administrative Register and Official Gazette.

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