JEDI BENTILLO

LAW 412
Atty. Oliver Saniel

GS 105 (7:30- 8:30 pm)

August 9, 2016

ORIENTATION SEMINAR ON ESTABLISHING A BUSINESS ENTERPRISE AND

RELEVANT CONSUMER WELFARE LAWS
SALES AND CREDIT TRANSACTIONS REACTION PAPER
What are 10 significant ideas I gained/learned from the seminar that is part of the
subject? Why?

The seminar led by Mrs. Erlinda Lopez, was very informative as she showed us different
videos of various consumer practices that can be used in our daily consumer
transactions and discussed further about consumer rights and responsibilities. Ten (10)
significant or important ideas I learned from the seminar related to Sales and Credit
transactions and its importance are as follows
a) Consumer Responsibility of Action
It was emphasized that when purchasing an item at a certain price
that is relatively lower than the presumed price, it was encouraged
not to tolerate or repudiate so as not to take advantage of the
situation but ask in order to double check the certain price
inconsistency as one of our consumer responsibilities. Relating to
sales and credit transactions which the seller and the buyer have
both obligations and rights to be exercised in protection and against
unjust enrichment.
b) Repair, Refund, Replace Policy
The Department of Trade Industry (DTI) enforces this policy in
contrast to the No Return No Exchange Policy. Whereas it is
mandated by our law that certain agencies like DTI, National
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Telcommunications Commission (NTC), and etc. are to govern

certain sales and credit transactions providing the consumer
protection and remedies agains malfunctions and/or hidden defects.

c) Online Shopping
Online Shopping was also discussed, and was noted that DTI was
receiving a lot of online shopping complaints. It was important to note
from the speaker that items purchased online via platforms like
Lazada cant be returned as stipulated as an as where is clause. It
was further explained that these online platforms are merchant
sellers compared to direct online sellers where there is a physical
appearance during meet-up trades and can return the item when
there are certain hidden defects. Seller and Buyer transactions are
moderates such transactions under Articles

d) Warranties Expiration
The prescribed 90 days implied warranty if certain hidden defects are

e) Doesnt entertain Corporate Entity Complaints

f) Buy 1 Get 1 Promo Distinction
g) Consumer Responsibilities

h) ICC Stickers and PS Embossed

i) No Return No Exchange
Notably, (1) the consumer responsibility to take action in which i t was encouraged not
to tolerate or repudiate so as not to take advantage of the situation when purchasing an item
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at a certain price that is relatively lower than the presumed price, but ask in order to double
check the certain price inconsistency as one of our consumer responsibilities. Relating to
retail trade transactions are in whereas under Republic Act No. 7394, otherwise known

as the Consumer Act of the Philippines protects the general welfare of the consumer.
(2) Always check the labels, in order to exercise the consumers rights to safety, (3)
Repair, Refund, Replace Policy, as moderated by the Department of Trade Industry
(DTI), in contrast to the No Return, No Exchange, is a policy that provides
consumers remedies against defects or malfunctions of consumer goods.
Furthermore, (4) Consumer Complaint Mediation/Arbitration are also entertained by
DTI Arbirtration officer to call upon investigation and render final judgement against
the complained party.

With regards to (5) duration of warranty, learned that the applicable prescribed days
for both expressed and implied warranty against certain hidden defects of an item
were also discussed and informed us, especially when dealing with car purchases.
As also included and related to the context of Republic Act No. 7394, Article 68,
paragraphs (e) and (f) and also supported by the Civil Code, provides the consumer
duration of this remedy a period not less than sixty (60) days nor more than one (1)
year following the sale of new consumer products under the duration of implied
warranties which is considered as reasonable time for the remedy against such
fraudulent practices, defects etc.
Another thing learned (6) DTI doesnt entertain Corporate Entity Complaints and only
consumer complaints to exercise the right to representation. Another new insight
learned was (7) Buy 1 Get 1 Promo Distinction in contrast to Buy 1 Take 1 promos
among supermarket so as to avoid fraudulent practices, and deception. With regards
to (8) Consumer Responsibilities, it was emphasized also inline with our consumer
rights are corresponding responsibilities or obligations to exercise as well. Also (9)
Online Shopping Complaints were also discussed and informed us noted that DTI
was receiving a lot of online shopping complaints. It was important to note from the
speaker that items purchased online via platforms like Lazada cant be returned as
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stipulated as an as where is clause. It was further explained that these online

platforms are merchant sellers compared to direct online sellers where there is a
physical appearance during meet-up trades and can return the item when there are
certain hidden defects.

Laslty (10) ICC Stickers and PS Embossed were compared during the discussion.
Always check for these labels in our appliances, with regards to gas tanks PS
embossed marks and not stickers are labelled. Compared to ICC Stickers with
certain codes were distinguished from PS embossed marks as they were used in
large volumes or scale.

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