ARTA can’t interfere in DTI consumer appeals, says DOJ

MANILA, Philippines —  The Department of Justice (DOJ) has explained that the Department of Trade and Industry’s (DTI) appeals process for consumer complaints is beyond the jurisdiction of the Anti-Red Tape Authority (ARTA) under Republic Act 11032, or the Ease of Doing Business and Efficient Government Service Delivery Act.

In a three-page legal opinion signed by Acting Justice Secretary Fredderick Vida, the DOJ said the DTI’s handling of appeals and consumer complaints constitutes a quasi-judicial function, exempting it from ARTA’s oversight on service processing times.

“ARTA does not have any jurisdiction or supervisory authority over the internal quasi-judicial and appellate processes of the DTI,” the DOJ opinion read.

“The ARTA under the law does not have the power to override or modify the established appellate procedures of quasi-judicial bodies, which remain subject to their own rules and the general procedural framework,” it added.

Quasi-judicial function. The opinion, issued in response to a query from DTI Assistant Secretary Englebert Josef Chua, cited Supreme Court jurisprudence (Professional Regulation Commission v. Alo) defining quasi-judicial power as the authority to determine parties’ rights after a hearing and render binding decisions similar to those of a court.

“In the case of DTI, since it receives complaints, conducts hearings, evaluates evidence, and issues decisions affecting the rights of parties, this clearly qualifies as a quasi-judicial function,” the DOJ said.

No jurisdiction on appeals. According to the DOJ, ARTA’s authority is confined to ensuring compliance with prescribed processing times for frontline services such as the issuance of permits, licenses, and certifications. These do not include appellate or adjudicatory proceedings.

“By its very nature, quasi-judicial functions of an agency are not subject to the jurisdiction and authority of the Anti-Red Tape Act,” the DOJ opinion said.

The clarification effectively reinforces DTI’s independence in resolving consumer disputes and appeals without ARTA intervention.