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ARTICLE 97. Liability for the Defective b) the product is supplied, without
Products. — Any Filipino or foreign clear identification of the manufacturer,
manufacturer, producer, and any importer, producer, builder or importer;
shall be liable for redress, independently of
fault, for damages caused to consumers by c) he does not adequately preserve
defects resulting from design, perishable goods. The party making
manufacture, construction, assembly and payment to the damaged party may
erection, formulas and handling and exercise the right to recover a part of the
making up, presentation or packing of their whole of the payment made against the
products, as well as for the insufficient or other responsible parties, in accordance
inadequate information on the use and with their part or responsibility in the cause
hazards thereof. of the damage effected.
A product is defective when it does not offer ARTICLE 99. Liability for Defective
the safety rightfully expected of it, taking Services. — The service supplier is liable for
relevant circumstances into consideration, redress, independently of fault, for
including but not limited to: damages caused to consumers by defects
relating to the rendering of the services, as
a) presentation of product; well as for insufficient or inadequate
information on the fruition and hazards
b) use and hazards reasonably thereof.
expected of it;
The service is defective when it does not
c) the time it was put into provide the safety the consumer may
circulation. rightfully expect of it, taking the relevant
circumstances into consideration, including
A product is not considered defective but not limited to:
because another better quality product has
been placed in the market. a) the manner in which it is
provided;
The manufacturer, builder, producer or
importer shall not be held liable when it b) the result of hazards which may
evidences: reasonably be expected of it;
c) the time when it was provided. The consumer may make immediate use of
the alternatives under the second
A service is not considered defective paragraph of this Article when by virtue of
because of the use or introduction of new the extent of the imperfection, the
techniques. replacement of the imperfect parts may
jeopardize the product quality or
The supplier of the services shall not be characteristics, thus decreasing its value.
held liable when it is proven:
If the consumer opts for the alternative
a) that there is no defect in the under sub-paragraph (a) of the second
service rendered; paragraph of this Article, and replacement
of the product is not possible, it may be
b) that the consumer or third party replaced by another of a different kind,
is solely at fault. mark or model: Provided, That any
difference in price may result thereof shall
ARTICLE 100. Liability for Product and be supplemented or reimbursed by the
Service Imperfection. — The suppliers of party which caused the damage, without
durable or non-durable consumer products prejudice to the provisions of the second,
are jointly liable for imperfections in quality third and fourth paragraphs of this Article.
that render the products unfit or
inadequate for consumption for which they ARTICLE 101. Liability for Product
are designed or decrease their value, and Quantity Imperfection. — Suppliers are
for those resulting from inconsistency with jointly liable for imperfections in the
the information provided on the container, quantity of the product when, in due regard
packaging, labels or publicity for variations inherent thereto, their net
messages/advertisement, with due regard content is less than that indicated on the
to the variations resulting from their container, packaging, labeling or
nature, the consumer being able to advertisement, the consumer having
demand replacement to the imperfect powers to demand, alternatively, at his
parts. own option:
ARTICLE 103. Repair Service Obligation. In case of juridical persons, the penalty
— When services are provided for the shall be imposed upon its president,
repair of any product, the supplier shall be manager or head. If the offender is an
considered implicitly bound to use alien, he shall, after payment of fine and
adequate, new, original replacement parts, service of sentence, be deported without
or those that maintain the manufacturer’s further deportation proceedings.
technical specifications unless, otherwise
authorized, as regards to the latter by the COCA-COLA BOTTLER’S PHILIPPINES
consumer. vs. CA, (1993);