In this commercialized world, anybody may be a consumer.
As defined in Republic Act 7394, or the Consumer Act of the Philippines, a consumer is “a natural person who is a purchaser, lessee, recipient of prospective purchase, lease or recipient of consumer products, services or credit.”
Almost every day, the Department of Trade and Industry (DTI) receives consumer complaints, said Teolulo T. Pasawa, head of the Davao City field office. “Many times though, they are settled amicably—where consumers were either refunded, or defective product replaced or repaired,” he added.
The DTI conducts activities to ensure that consumers’ rights are protected. Among others are consumers’ education seminar, dialogue with business owners, and celebration of Consumer Month.
Consumers’ awareness should not be forgotten along with the celebrations in October such as breast cancer awareness, world blindness awareness, child abuse and neglect prevention, national crime prevention, clean air, and domestic violence awareness.
This, according to city councilor Pilar C. Braga when she spoke last October 26 during the privilege hour of the regular session of the 16th regular Council.
Braga mentioned eight specific consumer rights recognized and protected by the law:
The right to basic needs means the right to basic goods and services which guarantee survival. It includes adequate food, clothing, shelter, health care, education and sanitation.
The right to safety means the right to be protected against products, production processes and services which are hazardous to health or life. It includes concern for consumers’ long term interests as well as their immediate requirements.
The right to information means the right to be given the facts needed to make an informed choice or decision. Consumers must be provided with adequate information enabling them to act wisely and responsibly. They must also be protected from misleading or inaccurate publicity of materials, whether included in advertising, labeling, packaging or by other means.
The right to choose means the right to have access to a variety of products and services at competitive prices and, in the case of monopolies, to have an assurance of satisfactory quality and service at a fair price.
The right to be heard means the right to advocate consumers’ interests with a view to their receiving full and sympathetic consideration in the formulation and execution of economic and other policies. It includes the right of representation in governmental and other policy-making bodies as well as in the development of products and services before they are produced or setup.
The right to redress means the right to a fair settlement of just claims. It includes the right to receive compensation for misrepresentation of shoddy goods or unsatisfactory services and the availability of acceptance forms of legal aid or redness for small claims where necessary.
The right to consumer education means the right to acquire knowledge and skills to be an informed consumer throughout life. The right to consumer education incorporates the right to the knowledge and skills needed for taking action to influence factors which affect consumer decisions.
The right to a healthy environment means the right to a physical environment that will enhance the quality of life. It includes protection against environmental dangers over which the individual has no control. It acknowledges the need to protect and improve the environment for present and future generations.
Under the law, an act or practice is unfair and unconscionable:
when the producer, manufacturer, distributor, supplier or seller took advantage of the inability to understand the language of an agreement, or similar factors;
when the consumer transaction was entered into, the price grossly exceeded the price at which similar products or services were readily obtainable in similar transaction by like consumers;
when the consumer transaction was entered into, the consumer was unable to receive a substantial benefit from the subject of the transaction;
when the consumer transaction was entered into, the seller or supplier was aware that there was no reasonable probability or payment of the obligation in full by the consumer; and
when the transaction that the seller or supplier induced the consumer to enter into was excessively one-sided in favor of the seller or supplier.
“The well informed consumer is the best protected consumer,” Braga said. Hence, the best way to ensure that the people get the most reasonable worth of their hard-earned money is to educate them on their rights as consumers. [Lorie Ann A. Cascaro]
