Scribd
Upload
128 views1 page

Consumers Act On Torts

This document outlines liability for defective products and services under Philippine law. It discusses that manufacturers, producers, importers, and sellers are liable for damages caused by defective products, which are defined as those that do not provide expected safety given relevant circumstances. Services are also considered defective if they do not meet expected safety standards. However, liability does not apply if the consumer or third party is solely at fault. The Department of Trade and Industry enforces these provisions. Contractual clauses limiting liability are prohibited. Violations can result in fines and imprisonment.

Uploaded by

VINCENTREY BERNARDO
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
128 views1 page

Consumers Act On Torts

This document outlines liability for defective products and services under Philippine law. It discusses that manufacturers, producers, importers, and sellers are liable for damages caused by defective products, which are defined as those that do not provide expected safety given relevant circumstances. Services are also considered defective if they do not meet expected safety standards. However, liability does not apply if the consumer or third party is solely at fault. The Department of Trade and Industry enforces these provisions. Contractual clauses limiting liability are prohibited. Violations can result in fines and imprisonment.

Uploaded by

VINCENTREY BERNARDO
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

CHAPTER V LIABILITY FOR PRODUCT AND SERVICE Article 99. Liability for Defective Services.

Article 99. Liability for Defective Services. – The service supplier is liable for redress,
independently of fault, for damages caused to consumers by defects relating to the rendering
Article 96. Implementing Agency. – The Department of Trade and Industry shall enforce the
of the services, as well as for insufficient or inadequate information on the fruition and hazards
provisions of this Chapter and its implementing rules and regulations.
thereof.
Article 97. Liability for the Defective Products. – Any Filipino or foreign manufacturer,
The service is defective when it does not provide the safety the consumer may rightfully expect
producer, and any importer, shall be liable for redress, independently of fault, for damages
of it, taking the relevant circumstances into consideration, including but not limited to:
caused to consumers by defects resulting from design, manufacture, construction, assembly
and erection, formulas and handling and making up, presentation or packing of their products, a) the manner in which it is provided;
as well as for the insufficient or inadequate information on the use and hazards thereof.
b) the result of hazards which may reasonably be expected of it;
A product is defective when it does not offer the safety rightfully expected of it, taking relevant
c) the time when it was provided.
circumstances into consideration, including but not limited to:
A service is not considered defective because of the use or introduction of new techniques.
a) presentation of product;
The supplier of the services shall not be held liable when it is proven:
b) use and hazards reasonably expected of it;
a) that there is no defect in the service rendered;
c) the time it was put into circulation.
b) that the consumer or third party is solely at fault.
A product is not considered defective because another better quality product has been placed
in the market.

The manufacturer, builder, producer or importer shall not be held liable when it evidences: Article 106. Prohibition in Contractual Stipulation. – The stipulation in a contract of a clause
preventing, exonerating or reducing the obligation to indemnify for damages effected, as
a) that it did not place the product on the market;
provided for in this and in the preceding Articles, is hereby prohibited, if there is more than
b) that although it did place the product on the market such product has no defect; one person responsible for the cause of the damage, they shall be jointly liable for the redress
established in the pertinent provisions of this Act. However, if the damage is caused by a
c) that the consumer or a third party is solely at fault.
component or part incorporated in the product or service, its manufacturer, builder or
Article 98. Liability of Tradesman or Seller. – The tradesman/seller is likewise liable, pursuant importer and the person who incorporated the component or part are jointly liable.
to the preceding article when;
Article 107. Penalties. – Any person who shall violate any provision of this Chapter or its
a) it is not possible to identify the manufacturer, builder, producer or importer. implementing rules and regulations with respect to any consumer product which is not food,
cosmetic, or hazardous substance shall upon conviction, be subject to a fine of not less than
b) the product is supplied, without clear identification of the manufacturer, producer, builder Five thousand pesos (P5,000.00) and by imprisonment of not more than one (1) year or both
or importer; upon the discretion of the court.
c) he does not adequately preserve perishable goods. The party making payment to the
damaged party may exercise the right to recover a part of the whole of the payment made
against the other responsible parties, in accordance with their part or responsibility in the
cause of the damage effected.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy