Legal Rights of Consumers in the Philippines
Dear PAO,
I bought a printer from a retail store, which is an official distributor of the brand. After a few days of using the printer, it suddenly stopped working. I immediately brought the printer back to the store with the official receipt and warranty card. Upon inspection, I was informed that they found a malfunctioning chip within the device that was beyond repair. I asked for a replacement of the item. However, the store manager informed me that they could not replace it right away because they still needed the approval of the printer’s manufacturer to process the replacement, as provided in the warranty card. Is this legal?
Nathan
Consumer Protection Laws in the Philippines
Dear Nathan,
Please be informed that it is the policy of the State to protect the rights of consumers. Laws protecting the rights and interests of consumers against deceptive, unfair, and unconscionable sales acts and practices are enforced to ensure the standards of conduct for business and industry.
Relevant Provisions of Republic Act 7394
Specifically, Republic Act (RA) 7394, known as the Consumer Act of the Philippines, provides guidelines in the event that the items/products bought fail to satisfy the conditions and warranties as provided under the New Civil Code. Articles 68 (b) (4) and (6) of RA 7394 provide:
- Enforcement of warranty or guarantee
- Contrary stipulations — null and void
Pursuant to the above-quoted provisions of the law, the store retailer, which is also an official distributor of the printer you bought, is mandated to honor the warranties of the sale, provided that you are able to present either the warranty card or the official receipt of the item you bought. Considering that you were able to present both, the distributor’s liability to honor the warranties has set in.
The provision in the item’s warranty card imposing an additional condition for the enforcement of warranties is void because it is contrary to the provisions of the law. Therefore, you can rightfully demand the replacement of the product, or the refund of its value without the need to await the confirmation of the manufacturer.
