Marker supervisor records and evidence
- The marker supervisor or the authorized representative must issue a certification reflecting the contents of the record maintained under the law. (Article 62-A)
- The certification issued under this system is prima facie evidence of a violation of Article 64 of the Consumer Act. (Article 62-A)
Timbangan ng Bayan instruments and coverage
- The prohibited acts in Article 64 of the Consumer Act apply to Timbangan ng Bayan instruments. (Article 62-A)
- The market covered under Article 62-A refers to a public place, building, or structure where goods, merchandise, foodstuff, commodities, or articles of commerce are displayed and offered for sale to the general public. (Article 62-B)
- The market coverage includes a flea market or tiangge as a temporary market where goods, merchandise, or food products are sold. (Article 62-B(a))
- The market coverage includes a grocery store as a retail shop that primarily sells food and household items in a specific community. (Article 62-B(b))
- The market coverage includes a supermarket as a larger market than a grocery store where shoppers serve themselves using baskets or pushcarts from shelves or cold display storages and pay at the exit. (Article 62-B(c))
DTI assistance to LGUs
- The Department of Trade and Industry must provide assistance to provinces, cities, and municipalities in establishing Timbangan ng Bayan Centers nationwide. (Article 62-C)
- Priority must be accorded to provinces, cities, and municipalities belonging to the fourth-, fifth- and sixth-income classifications. (Article 62-C)
Fraudulent practices on weights and measures
- Article 64 prohibits fraudulent practices relating to weights and measures, including fraudulently altering, tampering, vandalizing, or destroying any scale, balance, timbangan ng bayan instrument, weight, or measure after it is officially sealed. (Article 64(h))
- The prohibited acts under Article 64 apply to Timbangan ng Bayan instruments. (Article 62-A)
Criminal penalties and business permit cancellation
- A person who violates paragraphs (a) to (g) and paragraph (l) of Article 64 (or its implementing rules and regulations) is punishable, upon conviction, by a fine of not less than PHP 50,000 but not more than PHP 300,000, or by imprisonment of not less than 1 year but not more than 5 years, or both, at the court’s discretion. (Article 65(a))
- The owner, possessor, or user of instruments of weights and measures enumerated in paragraphs (h) to (k) of Article 64 is punishable, upon conviction, by a fine of not less than PHP 50,000 but not more than PHP 300,000, or by imprisonment of not less than 1 year but not more than 5 years, or both, at the court’s discretion. (Article 65(b))
- Two (2) successive violations of Article 64 result, when applicable, in the automatic cancellation of the business permit of the erring individual or business establishment. (Article 65(b))
Implementing rules within deadline
- Within ninety (90) days from the effectivity of the Act, the Department of the Interior and Local Government and the Department of Trade and Industry must promulgate implementing rules and regulations. (Section 2)
- The implementing rules must be issued in coordination with the Union of Local Authorities of the Philippines, the League of Provinces of the Philippines, the League of Cities of the Philippines, the League of Municipalities of the Philippines, and other relevant government agencies and stakeholders. (Section 2)
- The implementing rules must be designed to effectively implement the provisions of the Act. (Section 2)
Funding for Timbangan ng Bayan Centers
- The amount necessary to carry out the provisions of new Article 62-A must be charged against the national tax allotment and other funds of the local government unit concerned. (Section 3)
Separability, repeal, and effectivity
- If any provision, section, or part of the Act is declared unconstitutional or invalid, the judgment must not affect, invalidate, or impair the other provisions, sections, or parts of the Act. (Section 4)
- All laws, decrees, orders, rules, or regulations inconsistent with the Act are repealed or modified accordingly. (Section 5)
- The Act takes effect fifteen (15) days following its publication in at least two (2) newspapers of general circulation or in the Official Gazette. (Section 6)
Basic legislative details and title
- The Act is Republic Act No. 11706, titled “AN ACT PROVIDING FOR THE ESTABLISHMENT OF TIMBANGAN NG BAYAN CENTERS IN PUBLIC AND PRIVATE MARKETS, AMENDING FOR THE PURPOSE CHAPTER II, TITLE III OF REPUBLIC ACT NO. 7394, OTHERWISE KNOWN AS THE ‘CONSUMER ACT OF THE PHILIPPINES’.”
- The Act is approved on April 13, 2022 and is enacted as an amendment to the Consumer Act of the Philippines by inserting and amending Article 62-A, adding Article 62-B and Article 62-C, and updating related provisions on prohibited acts and penalties.
- The Act amends Chapter II, Title III of Republic Act No. 7394. (Section 1)
- The consolidation of Senate Bill No. 1241 and House Bill No. 3255 is reflected in the enactment details, with passage dates of January 31, 2022 (Senate) and February 2, 2022 (House of Representatives).