August 13, 2020
Cong Wes Gatchalian, Chairperson
Committee on Trade and Industry
Congress, Quezon City
Re: Substitute Revised Consumer Protection Bill
Sir/Madam:
Thank you for the invitation to paticipate in the TWG of the proposed Act.
Laban Konsyumer Inc. is a non stock and non profit registered entity, is a recognized local consumer organization of the Department of Trade and Industry in 2019 and a full term member of the Consumers International since 2017.
Overall, we are not endorsing the Substitute Revised Consumer Protection Bill in its present version but we are proposing a leaner version in the light of other recently enacted laws as well as pending bills that empowers consumer protection and to avoid repetitive and redundant provisions. Our proposal shall eliminate the splitting of responsibilities among different implementing agencies over the same provisions of the Bill.
On food, drugs, medical devices ,cosmetics and toys, and Households/Urban Hazardous substances the Food and Drug Administration are empowered primarily in Republic Act 3702, as amended by Exeutive Order No. 175 and Republic Act No. 9711. More recently, the Food Safety Law or Republic Act No. 10611 expanded the powers of the Food and Drug Administration , and other agencies including the Department of Agriculture and strengthened the food safety regulatory regime in the country.
For financial consumer protection and literacy, there is a pending bill authored by Congressman Junie Cua entitled Financial Consumer Protection Bill or House Bill 6768 . It has been passed on 3rd reading and transmitted to the Senate on June 3,2020.
Very recently, HB 6122 by the Honorable Chairman on Internet Transaction , proposed the creation of an E Commerce Bureau for e-commerce.
The bulk of the proposed Bill shall continue the consumer protection functions of the Trade and Agriculture Departments . However, the Agriculture Department primary duty is to ensure the growth of the agriculture sector. The same can be said for the Trade Department as it pursue the industry and competitiveness development of the country.
It is thus our suggestion for the consideration of the TWG to provide for an entity solely and wholly as a Consumer Protection entity whose primary mandate shall be exclusively consumer welfare and protection, and an agency outside the budgetary and manpower support of the Department of Trade and Industry.
We likewise propose an oversight and advisory entity that will be composed of registered consumer organizations whose members shall serve pro bono and without regular compensation . Congress can be included as members of the oversight and advisory body.
It is possible that the proposed E Commerce Bureau can be part of the Consumer Protection Entity.
On the consumer rights under Section 4, we propose to include the protection of consumers using electronic commerce that is not less than those afforded in other forms of commerce, the right to consumer privacy and the global free flow of information and the promotion of sustainable consumption. These are contained in the recently amended United Nations Guidelines in Consumer Protection or UNGCP .
We also propose to add Principles of good business practices listed in the UNGCP such as fair and equitable treatment, commercial behavior ,disclosure and transparency , education and awareness raising, protection of privacy, consumer complaints and disputes .
Thank you again for the oppportunity to participate in the TWG.
Very truly yours,
Atty. Victorio Mario A. Dimagiba, AB, LLB, LLM
President
August 13, 2020
LKI PRESS STATEMENT 2020-050
LKI CALLS FOR EXCLUSIVE CONSUMER WELFARE AGENCY FOR MAXIMUM CONSUMER PROTECTION
Consumer Advocacy Group Laban Konsyumer Inc. (LKI) wrote a letter today addressed to Congressman Wes Gatchalian, Chairperson on the Committee on Trade and Industry regarding the substitute revised consumer protection bill and called for the creation of an external and exclusive consumer welfare body outside DTI which will enhance and further improve the protection of the everyday Filipino consumer nationwide.
In the letter dated today, LKI thanked the Chairperson for the invitation to paticipate in the TWG of the proposed Act, introducing themselves as a non stock and non profit registered entity, is a recognized local consumer organization of the Department of Trade and Industry in 2019 and a full term member of the Consumers International since 2017.
LKI President Atty. Vic Dimagiba wrote “Overall, we are not endorsing the Substitute Revised Consumer Protection Bill in its present version but we are proposing a leaner version in the light of other recently enacted laws as well as pending bills that empowers consumer protection and to avoid repetitive and redundant provisions. Our proposal shall eliminate the splitting of responsibilities among different implementing agencies over the same provisions of the Bill.”
Dimagiba highlighted how “On food, drugs, medical devices ,cosmetics and toys, and Households/Urban Hazardous substances the Food and Drug Administration are empowered primarily in Republic Act 3702, as amended by Exeutive Order No. 175 and Republic Act No. 9711. More recently, the Food Safety Law or Republic Act No. 10611 expanded the powers of the Food and Drug Administration , and other agencies including the Department of Agriculture and strengthened the food safety regulatory regime in the country.”
LKI explained that “For financial consumer protection and literacy, there is a pending bill authored by Congressman Junie Cua entitled Financial Consumer Protection Bill or House Bill 6768 . It has been passed on 3rd reading and transmitted to the Senate on June 3,2020.”
The consumer group pointed out that “Very recently, HB 6122 by the Honorable Chairman on Internet Transaction , proposed the creation of an E Commerce Bureau for e-commerce.”
Dimagiba expounded “The bulk of the proposed Bill shall continue the consumer protection functions of the Trade and Agriculture Departments . However, the Agriculture Department primary duty is to ensure the growth of the agriculture sector. The same can be said for the Trade Department as it pursue the industry and competitiveness development of the country.”
LKI therefore mentioned “It is thus our suggestion for the consideration of the TWG to provide for an entity solely and wholly as a Consumer Protection entity whose primary mandate shall be exclusively consumer welfare and protection, and an agency outside the budgetary and manpower support of the Department of Trade and Industry.”
The group express how “We likewise propose an oversight and advisory entity that will be composed of registered consumer organizations across the country whose members shall serve pro bono and without regular compensation . Congress can be included as members of the oversight and advisory body.”
Dimagiba pointed out “It is possible that the proposed E Commerce Bureau can be integrated in the Consumer Protection Entity.
On the consumer rights under Section 4, we propose to include the protection of consumers using electronic commerce that is not less than those afforded in other forms of commerce, the right to consumer privacy and the global free flow of information and the promotion of sustainable consumption. These are contained in the recently amended United Nations Guidelines in Consumer Protection or UNGCP.”
In conclusion, LKI said “We also propose to add Principles of good business practices listed in the UNGCP such as fair and equitable treatment, commercial behavior ,disclosure and transparency , education and awareness raising, protection of privacy, consumer complaints and disputes.”