Law Summary
Scope of the Guidelines
- Applies to all entities engaged in issuing, distributing, or selling gift certificates/checks/cards, collectively referred to as "suppliers."
Definition of Gift Check/Certificate/Card
- A gift check/certificate/card is a monetary instrument issued by a supplier.
- It evidences a promise to exchange goods or services to the bearer up to the value or credit specified.
- Does not cover gift instruments issued under awards, loyalty, or promotional programs.
Prohibition on Expiry Dates
- From July 1, 2012, suppliers cannot issue or sell gift certificates/checks/cards with expiry dates.
- Gift instruments without expiry are redeemable until the value is fully used by the bearer.
Grounds for Refusal to Honor Gift Checks/Certificates/Cards
- Suppliers may refuse honor when:
- The instrument is lost without supplier fault.
- The instrument is mutilated or defaced without supplier fault, preventing verification of authenticity.
Application of Other Consumer Protection Provisions
- Promotional sales, loyalty rewards, warranties, return policies, and discounts for senior citizens/persons with disabilities apply equally to transactions using gift instruments.
Transitional Provisions for Existing Gift Instruments
- All gift instruments issued after effectivity must show date of issue and have a 2-year expiry.
- Holders of unused/unexpired instruments post-June 30, 2012 are entitled to revalidation or replacement.
- Instruments issued before effectivity with expiry beyond June 30, 2012 must be revalidated or replaced.
- Terms and conditions of those with expiry within the period before effectivity remain honored.
Consumer Complaint Mechanism
- Violations are subject to complaint procedures under RA 7394 and its Implementing Rules and Regulations.
Repeal of Inconsistent Rules
- Any existing rules inconsistent with these guidelines are repealed or amended accordingly.
Separability Clause
- Invalidity or unconstitutionality of any provision will not affect the validity of the rest of the Order.
Effectivity and Publication
- The Order takes effect 15 days after publication in two newspapers with general circulation.
- Copies sent to the National Administrative Register at the UP Law Center for record keeping.