Bohol solon leads in passage of law protecting car buyers

TAGBILARAN CITY , Philippines  — A new law has just been enacted to protect car buyers from getting defective units.

The initiative came from Bohol Representative Arthur Yap (3rd district) whose House Bill 197 filed for this purpose was incorporated with other versions passed by his colleagues in Congress into House Bill 4082, in tandem with Senate Bill 2211.

The bills now become Republic Act 10642 or the Philippine Lemon Law, signed by President Benigno Aquino III on July 15, to take effect on July 30.

The Philippine Lemon Law mandates the protection of the rights of the consumers when the brand new vehicle they bought does not meet the standards set by the manufacturer.

It specifies guidelines, such as the Lemon Law Rights’ period of one year or a mileage of 20,000 kilometers, whichever comes first and a minimum of four attempts to fix the same consumer complaint or non-conformity” before the owner can file for his rights under RA 10642.

The DTI will now be formulating the Implementing Rules and Regulations of RA 10642 within a 90-day period. It will also act as mediator, arbitrator and adjudicator for proceedings between the consumer and the car manufacturer or distributor or assembler or dealer.

If the non-conformity is verified, the DTI will rule in favor of the consumer and order the car manufacturer, distributor, dealer or retailer to either refund the purchase price of the vehicle or replace it with another model that is either of the same or of similar value, plus collateral damages.

If the non-conformity is not verified, the DTI will rule in favor of the car manufacturer, distributor, dealer or retailer and order the consumer to reimburse the costs of verifying his complaints.

In his explanatory note, Yap cited the records of the Bureau of Trade Regulation and Consumer Protection showing that it received a total of 49 complaints from November 5, 2012 to January 13, 2013.

The new law gives buyers of brand-new cars the right to demand a replacement with a similar or comparable motor vehicle if the first vehicle is discovered to have a factory defect. The buyer may also opt to return a defective vehicle and get a refund of its purchase price and collateral charges such as the vehicle registration fee, Yap told The Freeman.

The law also provides parameters in handling and resolving consumer complaints involving brand new motor vehicles, said Yap.

Being the first to file the bill, Yap got the credit of having his name listed first among the principal co-authors, together with Bohol Representatives Rene Relampagos (1st district) and Erico Aristotle Aumentado (2nd district).

Their co-authors from the Visayas were: Representatives George Arnaiz and Pryde Henry Teves of Negros Oriental, Lucy Torres Gomez of Leyte, Jerry Treñas of Iloilo City, Arcadio Gorriceta and Oscar Garin Jr. of Iloilo, Paolo Javier of Antique, Mercedes Alvarez of Negros Occidental, Teodorico Haresco Jr. of Aklan and Ben Evardone of Eastern Samar.

Thirty-two more congressmen from other provinces in the country and 12 from party-lists also co-authored the law.  (FREEMAN)