Law Summary
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- Previous inconsistent provisions of DAO No. 05, Series of 2007, DAO No. 07, Series of 2006, and related issuances are repealed or amended accordingly.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.