Sunday, May 2, 2010

CONSUMER ACT:ARTICLE 64. Fraudulent Practices Relative to Weights and Measures

ARTICLE 64. Fraudulent Practices Relative to Weights and Measures - The following acts relating to weights and measures are prohibited:

a) for any person other than the official sealer or his duly authorized representative to place or
attach an official tag, seal, sticker, mark, stamp, brand or other characteristic sign used to
indicate that such instrument of weight and measure has officially been tested, calibrated,
sealed or inspected;

b) for any person to imitate any seal, sticker, mark, stamp, brand, tag or other characteristic sign
used to indicate that such instrument of weight and measures has been officially tested,
calibrated, sealed or inspected;

c) for any person other than the official sealer or his duly authorized representative to alter in
any way the certificate or receipt given by the official sealer or his duly authorized
representative as an acknowledgment that the instrument for determining weight and
measure has been fully tested, calibrated, sealed or inspected;

d) for any person to make or knowingly sell or use any false or counterfeit seal, sticker, brand,
stamp, tag, certificate or license or any dye for printing or making the same or any
characteristic sign used to indicate that such instrument of weight and measure has been
officially tested, calibrated sealed or inspected;

e) or any person other than the official sealer or his duly authorized representative to alter the
written or printed figures, letters or symbols on any official seal, sticker, receipt, stamp, tag,
certificate or license used or issued;

f) for any person to use or reuse any restored, altered, expired, damaged stamp, tag certificate
or license for the purpose of making it appear that the instrument of weight and measure has
been tested, calibrated, sealed or inspected;

g) for any person engaged in the buying and selling of consumer products or of furnishing
services the value of which is estimated by weight or measure to possess, use or maintain
with intention to use any scale, balance, weight or measure that has not been sealed or if
previously sealed, the licensetherefor has expired and has not been renewed in due time;

h) for any person to fraudulently alter any scale, balance weight or measure after it is officially
sealed;

i) for any person to knowingly use any false scale, balance weight or measure, whether sealed
or not;

j) for any person to fraudulently give short weight or measure in the making of a scale;

k) for any person, assuming to determine truly the weight or measure of any article bought or
sold by weight or measure, to fraudulently misrepresent the weight or measure thereof; or

l) for any person to procure the commission of any such offense above-mentioned by another.
Instruments officially sealed at some previous time which have remained unaltered and
accurate and the seal or tag officially affixed thereto remains intact and in the same position
and condition in which it was placed by official sealer or his duly authorized representative
shall, if presented for sealing, be sealed promptly on demand by the official sealer or his
authorized representative without penalty except a surcharge fixed by law or regulation.

CONSUMER ACT:REGULATION OF PRACTICES RELATIVE TO WEIGHTS AND MEASURES GENERAL PROVISION

ARTICLE 61. Implementing Agency - The provincial, city, or municipal treasurers shall strictly enforcethe provisions of this Chapter, and its implementing rules and regulations: Provided, That, with respect to the use of the Metric System, it shall be enforced by the Department of Trade and Industry.

ARTICLE 62. Sealing and Testing of Instruments of Weights and Measures - All instruments for determining weights and measures in all consumer and consumer related transactions shall be tested,calibrated and sealed every six (6) months by the official sealer who shall be the provincial or city ormunicipal treasurer or his authorized representative upon payment of fees required under existing law:Provided, That all instruments of weights and measures shall continuously be inspected for compliance with the provisions of this Chapter.

ARTICLE 63. Use of Metric System - The system of weights and measures to be used for all products, commodities, materials, utilities, services and commercial transactions, in all contracts, deeds and other official and legal instruments and documents shall be the metric system, in accordance with existing laws and their implementing rules and regulations.

The Department of Trade and Industry shall also adopt, standard measurement for garments, shoes and other similar consumer products.

CONSUMER ACT:Unfair or Unconscionable Sales Act or Practice

ARTICLE 52. Unfair or Unconscionable Sales Act or Practice - An unfair or unconscionable sales act or practice by a seller or supplier in connection with a consumer transaction violates this Chapter whether it occurs before, during or after the consumer transaction. An act or practice shall be deemed unfair or uncionscionable wh enever the producer, manufacturer, distributor, supplier or seller, by taking advantage of the consumer's physical or mental infirmity, ignorance, illiteracy, lack of time or the general conditions
of the environment or surroundings, induces the consumer to enter into a sales or lease transaction.Grossly inimical to the interests of the consumer or gross one-sided in favor of the producer,manufacturer, distributor, supplier or seller.

In determining whether an act or practice is unfair and unconscionable, the following circumstances shall be considered:

a) that the producer, manufacturer, distributor, supplier or seller took advantage of the inability
of the consumer to reasonable protect his interest because of his inability to understand the
language of an agreement, or similar factors;

b) that 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;

c) that when the consumer transaction was entered into, the consumer was unable to receive a
substantial benefit from the subject of the transaction;

d) that 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.

e) that the transaction that the seller or supplier induced the consumer to enter into was
excessively one-sided in favor of the seller or supplier.

CONSUMER ACT: REGULATION OF SALES ACTS AND PRACTICES

ARTICLE 50. Prohibition Against Deceptive Sales Acts or Practices - A deceptive act or practice by a seller or supplier in connection with a consumper transaction violates this Act whether it occurs before,during or after the transaction. An act or practice shall be deemed deceptive whenever the producer,manufacturer, supplier or seller, through concealment, false representation of fraudulent manipulation,induces a consumer to enter into a sales or lease transaction of any consumer product or service. Without limiting the scope of the above paragraph, the act or practice of a seller or supplier is deceptive when it represents that:

a) a consumer product or service has the sponsorship, approval, performance, characteristics,
ingredients, accessories, uses, or benefits it does not have;

b) a consumer product or service is of a particular standard, quality, grade, style, or model when
in fact it is not;

c) a consumer product is new, original or unused, when in fact, it is in a deteriorated, altered,
reconditioned, reclaimed or second-hand state;

d) a consumer product or service is available to the consumer for a reason that is different from
the fact;

e) a consumer product or service has been supplied in accordance with the previous
representation when in fact it is not;

f) a consumer product or service can be supplied in a quantity greater than the supplier intends;

g) a service, or repair of a consumer product is needed when in fact it is not;

h) a specific price advantage of a consumer product exists when in fact it is not;

i) the sales act or practice involves or does not involve a warranty, a disclaimer of warranties,
particular warranty terms or other rights, remedies or obligations if the indication is false; and

j) the seller or supplier has a sponsorship, approval, or affiliation he does not have.

Consumer act:Implementing Agencies

ARTICLE 6. Implementing Agencies - The provisions of this Article and its implementing rules and
regulations shall be enforced by:

a) the Department of Health with respect to food, drugs, cosmetics, devices and substances;

b) the Department of Agriculture with respect to product related to agriculture, and;

c) the Department of Trade and Industry with respect to other consumer products not specified
above.