The Philippine Lemon Law Q: What is Republic Act No. 10642? A: Republic Act (RA) No. 10642, or the Philippine Lemon Law, is the act that strengthens consumer protection in relation to the purchase of brand new motor vehicles. Q : What is the basic policy of the Philippine Lemon Law? A : The basic policy of the Philippine Lemon Law is to promote the full protection of the rights and welfare of consumers in the sale of motor vehicles against business and trade practices which are deceptive, unfair or unfavorable to consumers and their interests. Q : What is the coverage of the Philippine Lemon Law? A : The Philippine Lemon Law covers brand new motor vehicles purchased in the Philippines that are reported by a consumer to be in nonconformity with the standards or specifications of the vehicle’s manufacturer or distributor within twelve (12) months from the date of original delivery to the consumer, or up to twenty thousand (20,000) kilometers of operation after such delivery, whichever comes first. Q : Which government agency is responsible for the implementation of the Philippine Lemon Law? A : The Department of Trade and Industry (DTI) is the sole implementing agency of the Philippine Lemon Law. Q : What is a “brand new motor vehicle”? A : A motor vehicle is brand new if: • The vehicle is constructed entirely from new parts; • Covered by a manufacturer’s express warranty at the time of purchase; • It has never been sold nor registered with the Department of Transportation and Communications (DOTC) or any appropriate agency; and • It has never been operated on any highway of the Philippines, or in any foreign state or country. Q : What does “nonconformity” refer to? A : Nonconformity refers to any defect or condition that substantially impairs the use, value or safety of a brand new vehicle which prevents it from meeting the standards or specifications of the manufacturer or distributor. Q : What causes of nonconformity exempt manufacturers, distributors, authorized dealers or retailers from being held responsible for defective motor vehicles? A : • Noncompliance by the consumer of the obligations stipulated under the warranty; • Modifications not authorized by the manufacturer, distributor, authorized dealer or retailer; • Abuse or neglect of the brand new motor vehicle; and • Damage to the vehicle due to accident or force majeure (an event caused by the elements of nature such as national disasters). Q : When can a consumer avail of his/her rights under the Philippine Lemon Law? A : A consumer may avail of his/her rights under the Philippine Lemon Law at any time within the Lemon law rights period and if after at least four (4) separate repair attempts by the concerned manufacturer, distributor, authorized dealer or retailer, the defect remains unresolved. Q : How can a consumer avail of his/her rights under the Philippine Lemon Law? A : A consumer shall issue a Notice of Availment of Lemon Law Rights to the concerned manufacturer, distributor, authorized dealer or retailer stating that s/he will avail of his/her rights provided for under the Philippine Lemon Law. Q : What are the rights of consumers under the Philippine Lemon Law? A : • When nonconformity is found on a brand new motor vehicle within twelve (12) months from its date of original delivery, a consumer may bring it before the concerned manufacturer, distributor, authorized dealer or retailer for repair. • During repair and the period of availment of the Lemon Law rights, the consumer, as agreed with the concerned manufacturer, distributor, authorized dealer or retailer, shall be provided with any of the following: a) Daily Transport Allowance which covers the transportation expenses of the consumer to and from his/her house and regular workplace or destination; or b) Service vehicle. • If after at least four separate (4) repair attempts the defect or nonconformity remains unresolved then, a consumer may issue a Notice of Availment of Lemon Law Rights to the concerned manufacturer, distributor, authorized dealer or retailer. • Following to filing the said notice, the consumer shall bring the defective or nonconforming motor vehicle to the concerned manufacturer, distributor, authorized dealer or retailer for a final attempt to address the complaint according to his/her satisfaction. • In case the final attempt to address the defect or nonconformity fails, the consumer may bring his/her complaint before the DTI. Q : How will Lemon Law related consumer complaints be resolved? A : The DTI shall settle Lemon Law-related consumer complaints in accordance to the following dispute resolution mechanisms: • Mediation A conference/negotiation for both parties to settle their dispute amicably. Mediation proceedings shall not exceed ten (10) working days. • Arbitration In the event that mediation fails, the complainant and respondent may voluntarily undertake arbitration proceedings wherein a third party who is chosen by both parties, will decide on the case. • Adjudication Should both parties choose not to undertake arbitration, at least one of them may commence adjudication proceedings wherein a DTI Adjudication/Hearing Officer will decide on the case. Adjudication proceedings shall not exceed twenty (20) working days. Q : If during adjudication proceedings it is proven that there is nonconformity in the motor vehicle, what are the possible remedies for consumers? A : In case a finding of nonconformity is arrived at during adjudication proceedings, the DTI will direct the concerned manufacturer, distributor, authorized dealer or retailer to grant any of the following remedies to the consumer: • Replace the motor vehicle with a similar or comparable motor vehicle in terms of specifications and value; or • Accept the return of the motor vehicle and refund the purchase price, and pay collateral charges. Q : Can a consumer choose to replace the defective motor vehicle with another vehicle that is of higher value and specifications? A : Yes, provided that, the consumer will pay the difference in cost. Q : How is the value of a nonconforming motor vehicle determined? A : The value of a nonconforming motor vehicle is determined by deducting the reasonable allowance for use from the purchase price. Q : What is “reasonable allowance for use”? A : Reasonable allowance for use shall mean twenty percent (20%) per annum deduction from the purchase price, or the product of the distance travelled in kilometers and the purchase price divided by one hundred thousand (100,000) kilometers, whichever is lower. Q : What if the DTI found no defect or nonconformity on the motor vehicle? A : The DTI shall rule in favor of the manufacturer, distributor, authorized dealer or retailer and direct the consumer to reimburse the costs incurred by the latter in validating the consumer’s complaints. Q : Can a decided case be appealed? A : Yes, an appeal may be filed before the DTI Secretary within fifteen (15) days upon receipt of the decision based on the following grounds: • Grave abuse of discretion; • The decision/order is in excess of jurisdiction or authority of the Adjudication Officer; and • The decision/order is not supported by the evidence, or there is serious error in the findings of facts. Q : How long does it take for an appeal to be decided upon? A : The DTI Secretary shall decide within thirty (30) days upon receipt of the Memorandum of Appeal. Q : Can a returned motor vehicle be resold to consumers? A : Yes, provided that, the manufacturer, distributor, authorized dealer or retailer disclosed the following information to consumers: • The motor vehicle was returned; • The nature of the defect or nonconformity which caused the return; and • The condition of the motor vehicle at the time of return. Q : Can a manufacturer, distributor, authorized dealer or retailer be held responsible for the resold motor vehicle? A : No. The responsibility of the manufacturer, distributor, authorized dealer or retailer ends upon the sale of the resold motor vehicle to its first purchaser. Q : Can a manufacturer, distributor, authorized dealer or retailer be penalized for non-disclosure of information on the resale of returned motor vehicles? A : Yes. If found to have violated the provisions on disclosure on resale, the manufacturer, distributor, authorized dealer or retailer shall be liable to pay One hundred thousand pesos (P100,000) as damages to the aggrieved party without prejudice to any civil or criminal liability that may be incurred under existing laws. Q : When will the Philippine Lemon Law take effect? A : The Philippine Lemon Law shall take effect on 07 August 2014 or fifteen (15) days after its publication in a newspaper of general circulation (Manila Bulletin, 23 July 2014). Q : When will the Implementing Rules and Regulations (IRR) of the Philippine Lemon Law be released? A : The IRR of the Philippine Lemon Law will be issued within ninety (90) days from its date of effectivity. Q : Can a consumer invoke the Lemon Law Act prior its date of effectivity? A : No, the Lemon Law Act has no retroactive effect. Q : After its effectivity, can the Lemon Law Act be implemented prior the issuance of its IRR? A : Yes. The IRR is only needed for those provisions that are not clearly stated.
Posted on: Tue, 20 Jan 2015 02:40:23 +0000