Title
Supreme Court
DTI Rules on Consumer Org Accreditation
Law
Dti Administrative Order No. 16
Decision Date
Nov 28, 1990
DTI Administrative Order No. 016-90 establishes the rules and regulations for the accreditation of consumer organizations in the Philippines, allowing them to participate in consumer-related hearings and investigations, with the possibility of cancellation or suspension if they violate certain grounds, and providing an appeals process through the Secretary of Trade and Industry and the court.

Law Summary

Accreditation Application Procedure

  • All consumer organizations wishing to participate in hearings or investigations affecting consumers must be accredited by the DTI.
  • Organizations shall be provided application forms to be duly completed and submitted.

Requirements for Accreditation

  • Attachments to the application form include:
    • Certified copies of Articles of Incorporation and By-laws.
    • Certified Certificate of Registration from the Securities and Exchange Commission (SEC).
    • SEC certification confirming compliance with SEC rules and good standing.
    • List of trustees, officers, members, and their addresses.
    • Other documents the DTI may require.

Criteria for Accreditation

  • Minimum membership: 30 members for municipalities, 50 for cities.
  • Organization classified as National if it has substantial membership or a chapter in Luzon, Visayas, and Mindanao.
  • False statements on applications are grounds for denial.
  • Groups must seek consensus on issues; false representations bar accreditation.
  • Application can be filed by the organization's President or any officer.

Issuance of Certificate of Accreditation

  • Upon satisfaction that the requirements are met, the Director issues the Certificate of Accreditation.

Validity and Renewal of Accreditation

  • Accreditation certificates are valid for two years.
  • Renewal applications must be filed before expiry to maintain continuous validity.
  • Late renewal certificates' validity starts from the date stipulated on the new certificate.
  • Certificate must boldly state the period of validity.
  • Renewal requires submission of updated membership lists, amendments to governing documents, and other required documents.

Verification and Grounds for Cancellation or Suspension

  • DTI shall verify submitted documents to ensure accreditation of worthy organizations.
  • Grounds for cancellation/suspension after notice and hearing include:
    • Non-existence of members claimed.
    • Acts harmful to consumer interests.
    • Supporting business promotions or endorsements for consideration.
    • False statements in documents.
    • Violation of LOI 1337, the rules, or implementing orders.

Automatic Cancellation

  • Cancellation of SEC registration automatically cancels accreditation.

Decisions and Orders

  • Director’s decisions are final after 15 days if no appeal is filed to the Secretary.
  • Appeals must include a verified memorandum with facts and legal grounds.
  • Secretary’s decisions become final after 15 days unless appealed to the courts.
  • Parties are allowed one motion for reconsideration.
  • Violations subject to administrative adjudication under separate DTI orders (M.O. 69).

Requirements for Administrative or Quasi-Judicial Bodies

  • By law, these bodies must require consumer organizations to submit:
    • Certified Articles of Incorporation and By-laws.
    • Certified SEC registration.
    • SEC certification of good standing.
  • Bodies must determine the organization's substantial membership and representation before allowing participation.

Purpose of Requirements

  • These requirements serve to:
    • Establish the organization’s motive and intent.
    • Confirm legal personality.
    • Ascertain standing and true representation.

Option for Compliance by Administrative or Quasi-Judicial Bodies

  • Bodies may choose between:
    • Conducting the document verification and membership determination themselves.
    • Accepting the organization's Certificate of Accreditation as proof.

Additional Provisions

  • The Undersecretary for Regional and Domestic Trade may issue forms, circulars, and orders to implement these rules.
  • All inconsistent orders are repealed or modified accordingly.
  • These rules take effect immediately upon publication in two newspapers of general circulation.

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