CHAPTER III CONSUMER COMPLAINTS

ARTICLE 159. Consumer Complaints 

The concerned department may commenced an investigation upon petition or upon letters complaint from any consumer: Provided, That upon a finding by the department of a prima facie violation of any provisions of this Act or any rule or regulation promulgated under its authority; it may motupropio or upon verified complaint commence formal administrative action against any person who appears responsible therefor. The department shall establish procedures for systematically logging in, investigating and responding to consumer complaints into the development of consumer policies, rules and regulations, assuring as far as practicable simple and easy access on the  part of the consumer to seek redress for his grievances. 

ARTICLE 160. Consumer Arbitration Officers

The concerned Department Secretaries shall appoint as many qualified consumer arbitration officers as may be necessary for the effective and efficient protection of consumer rights, Provided, however that there shall be 

not more than ten (10) consumer arbitration officers per province, including the National Capital Region. 

ARTICLE 161. Consumer Arbitration Officers: Qualifications

The consumer Arbitration Officers must be college graduate with at least three (3) years experience in the field of consumer protection and shall be a good moral character. 

ARTICLE 162. Arbitration Officers; Jurisdiction

The Consumer Arbitration officers shall have original and exclusive jurisdiction to mediate, conciliate, hear and adjudicate all consumer complaints, Provided, however That this does not preclude the parties from pursuing the proper judicial action. 

ARTICLE 163. Investigation Procedure 

a) The consumer arbitration officer shall conduct hearings on any complaint receive by him or referred by the Council.

b) Parties to the case shall be entitled to notice of the hearing, shall be informed of the date, time and place of the same. A copy of the complaint shall be attached to the noticed.

c) The department shall afford all interested parties the opportunity to submit a statement of facts, arguments, offers of settlement or proposals of adjustments. 

d) The consumer arbitration officer shall first and foremost ensure that the contending parties come to a settlement of the case. 

e) In the event that a settlement has not been effected, the Mediation officer may now proceed to formally investigate, hear and decide the case. 

f) The Consumer arbitration officer may summon witnesses, administer oaths and affirmations, issues subpoena and subpoena duces tecum, rule upon offers of proof and receive relevant evidence, take or cause deposition to be taken whenever the ends of justice would be served thereby, regulate the course of the hearing, rule on any procedural request or similar matter and decide the complaint. In hearing the complaint, the mediation officer shall use every and all reasonable means to ascertain the facts in each complaints speedily and objectively in suits before courts. The complaint shall be decided within fifteen (15) days from the time the investigation was terminated.

ARTICLE 164. Sanctions 

After investigation, any of the following administrative penalties may be imposed even if not prayed for in the complaint: 

a) The issuance of a cease and desist order, Provided, however, That such order shall require him to submit a report of compliance therewith within may include any or all of the following terms and conditions: 

b) The acceptance of a voluntary assurance of compliance or discontinuance from the respondent which may include any or all of the following terms and regulations; 

1) an assurance to comply with the provisions of this Act and its implementing rules and regulations; 

2) an assurance to refrain from engaging in unlawful acts and practices or unfair or unethical trade practices subject of the formal investigation; 

3) an assurance to comply with the terms and conditions specified in the consumer transaction subject of the complaint. 

4) an assurance to reimburse 

5) an assurance to reimburse the complaint, including expenses in making or pursuing the complaint, if any and to file a bond to guarantee compliance therewith

a) restitution or rescission of the contract without damages; 

b) condemnation and seizure of the consumer found to be hazardous to health and safety unless the respondent files a bond to answer for any damages or injury that may arise from the continued use of the product ; 

c) the imposition of administrative fines in such amount as deemed reasonable by the Secretary, which shall in no case be less than Five hundred pesos (P500,00) nor more than Three hundred thousand pesos (P300,000,00) depending on the gravity of the offence, and an additional fine of not more than One thousand pesos(P1,000,00) or reach each day of continuing violation.

ARTICLE 165. Appeal from Orders

Any order, not interlocutory, of the Consumer arbitration officer, becomes final and executory unless appealed to the Department Secretary concerned within fifteen (15) days from receipt of such order. An appeal may be entertained only on any of the following grounds: 

a) grave abuse of discretion; 

b) the order in excess of the jurisdiction or authority of the consumer arbitration officer; 

c) the order is not supported by the evidence or three is serious error in the findings of facts.

ARTICLE 166. Decision on Appeal 

The Secretary shall decide the appeal within thirty (30) days from receipt thereof. The decision becomes final after fifteen (15) days from receipt thereof unless a petition for certiorari is filled with the proper court.