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Special Laws Summarized

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11 views

Special Laws Summarized

Uploaded by

Yasmin Guzman
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Philippine Competition Act summary

1. Declaration of Policy:
- The act acknowledges market competition as essential for efficient resource allocation and
economic growth.
- It aims to promote entrepreneurial spirit, technology development, and consumer welfare by
preventing monopolies and promoting fair competition.

2. Applicability:
- It applies to all entities engaged in trade, industry, and commerce in the Philippines, including
international trade that has significant effects on the local market.

3. Prohibited Acts:
- The act prohibits Anti-Competitive Agreements, Abuse of Dominant Position, and Prohibited
Mergers.
- Anti-competitive agreements include price-fixing, market allocation, and production controls.

4. Abuse of Dominant Position


- This occurs when an entity uses its market power to restrict competition by practices like
predatory pricing or discriminatory pricing.
- Legitimate market success through superior products or business acumen is not considered
abusive.

5. Mergers and Acquisitions:


- Mergers that substantially lessen competition can be prohibited.
- Transactions exceeding a certain value (P1 billion) require notification to the Competition
Commission for approval.

6. Penalties:
- Fines for violations can range from P50,000 to P200 million depending on the offense.
- Criminal penalties include imprisonment for individuals responsible for anti-competitive
agreements, with fines up to P250 million.
Law on Cooperatives

Here’s the revised summary without bold formatting and asterisks:

1. Definition of a Cooperative:
- An autonomous, registered association of persons with a common interest, voluntarily joining
together to meet social, economic, and cultural needs through equitable contributions to capital
and shared risks/benefits.

2. Cooperative Principles:
- Voluntary and open membership
- Democratic member control (one-member, one-vote)
- Member economic participation
- Autonomy and independence
- Education, training, and information
- Cooperation among cooperatives
- Concern for community

3. Organization and Registration:


- A cooperative requires at least 15 natural persons for a primary cooperative.
- Registration involves submitting articles of cooperation, an economic survey, and meeting
capital requirements.
- Secondary and tertiary cooperatives can also be formed by multiple primary cooperatives.

4. Types of Cooperatives:
- Advocacy, Dairy, Fishermen, Multipurpose, Workers, Agriculture, Consumers, and others
defined based on the nature of the business or service they provide.

5. Membership:
- Regular members have full rights, including voting.
- Associate members have limited rights and cannot vote.
- The document details procedures for terminating membership and conditions for voluntary
and involuntary termination.

6. Board of Directors and Committees:


- The cooperative is managed by a board of directors, with between 5 to 15 members, elected
for a 2-year term.
- Several committees, such as audit and election committees, are mandatory, while others are
formed based on cooperative needs.

7. Capital and Funds:


- Share capital comes from members, loans, donations, and revolving capital.
- Cooperatives can invest capital in various ways, including government securities, reputable
banks, and real estate for cooperative use.
8. Distribution of Net Surplus:
- The net surplus is allocated to reserve funds, education and training, community
development, and patronage refunds. A minimum of 10% of the surplus goes into the reserve
fund.

9. Dissolution and Liquidation:


- The cooperative can be dissolved voluntarily or involuntarily (by the CDA or a court).
- During dissolution, assets are distributed after debts are settled, and any undistributed
assets can be given to a federation or union to which the cooperative was affiliated.
Consumer Protection Act (Republic Act No. 7394) and the Philippine Lemon Law (RA No.
10642)

Consumer Protection Act (RA 7394)

1. Declaration of Policy:
- Protect consumers from hazards to health and safety.
- Prevent deceptive, unfair, and unconscionable sales practices.
- Provide consumers with information and education to make informed decisions.
- Establish redress mechanisms for consumer complaints.

2. Prohibited Sales Practices:


- Deceptive Sales: Includes misrepresentation of products, such as false claims about quality,
origin, or performance.
- Unfair/Unconscionable Sales: Practices that exploit a consumer's lack of understanding or
that are grossly one-sided.

3. Labeling and Packaging Requirements:


- Accurate information on labels regarding product contents, make, and origin is mandatory.
- Non-compliance can lead to fines or imprisonment.

4. Warranties:
- Warranties must be clear and understandable, specifying what is covered and the duration of
coverage.
- Manufacturers, distributors, and retailers are all liable for honoring warranties.

5. Penalties:
- Fines range from P200 to P50,000, and imprisonment from 1 month to 5 years, depending
on the violation.

Philippine Lemon Law (RA 10642)

1. Scope:
- Protects consumers who purchase brand new motor vehicles that have defects preventing
them from meeting manufacturer standards.
- The vehicle must be purchased in the Philippines, and defects must be reported within 12
months or 20,000 kilometers of use, whichever comes first.

2. Repair Attempts:
- After four repair attempts for the same defect, if the issue is unresolved, the consumer can
invoke their Lemon Law rights.

3. Remedies:
- Consumers can seek either a replacement of the vehicle or a refund of the purchase price,
including collateral charges like registration fees and insurance.
- A "reasonable allowance for use" will be deducted based on mileage.

4. Dispute Resolution:
- The Department of Trade and Industry (DTI) handles disputes through mediation, arbitration,
or adjudication.
- The DTI will determine if the vehicle meets manufacturer standards.

5. Penalties for Non-Compliance:


- Failure to disclose a vehicle's defect to subsequent buyers could result in fines starting at
P100,000, in addition to civil or criminal liabilities.
1. Human Rights and Social Welfare
- Republic Act No. 7610: Special Protection of Children Against Abuse, Exploitation, and
Discrimination Act
- Republic Act No. 9262: Anti-Violence Against Women and Their Children Act of 2004
- Republic Act No. 9710: Magna Carta of Women
- Republic Act No. 9994: Expanded Senior Citizens Act of 2010
- Republic Act No. 7277: Magna Carta for Disabled Persons

2. Health and Education


- Republic Act No. 11223: Universal Health Care Act
- Republic Act No. 4670: Magna Carta for Public School Teachers
- Republic Act No. 11036: Mental Health Act of 2018
- Republic Act No. 11332: Mandatory Reporting of Notifiable Diseases Act
- Republic Act No. 10931: Universal Access to Quality Tertiary Education Act

3. Labor and Employment


- Republic Act No. 6727: Wage Rationalization Act
- Republic Act No. 10911: Anti-Age Discrimination in Employment Act
- Republic Act No. 10361: Domestic Workers Act (Batas Kasambahay)
- Republic Act No. 9485: Anti-Red Tape Act of 2007
- Republic Act No. 9231: Special Protection of Children Against Child Labor, Exploitation,
and Discrimination Act

4. Environment and Natural Resources


- Republic Act No. 8749: Philippine Clean Air Act of 1999
- Republic Act No. 9275: Philippine Clean Water Act of 2004
- Republic Act No. 9003: Ecological Solid Waste Management Act of 2000
- Republic Act No. 9147: Wildlife Resources Conservation and Protection Act
- Republic Act No. 7586: National Integrated Protected Areas System (NIPAS) Act

5. Criminal Law and Public Order


- Republic Act No. 9165: Comprehensive Dangerous Drugs Act of 2002
- Republic Act No. 9372: Human Security Act of 2007 (Anti-Terrorism Law)
- Republic Act No. 10175: Cybercrime Prevention Act of 2012
- Republic Act No. 9995: Anti-Photo and Video Voyeurism Act of 2009
- Republic Act No. 9208: Anti-Trafficking in Persons Act of 2003 (amended by RA 10364)

6. Transportation and Communications


- Republic Act No. 4136: Land Transportation and Traffic Code
- Republic Act No. 10916: Road Speed Limiter Act of 2016
- Republic Act No. 10913: Anti-Distracted Driving Act
- Republic Act No. 8792: E-Commerce Act of 2000
7. Agriculture and Agrarian Reform
- Republic Act No. 6657: Comprehensive Agrarian Reform Program (CARP)
- Republic Act No. 8435: Agriculture and Fisheries Modernization Act of 1997
- Republic Act No. 10601: Agricultural and Fisheries Mechanization (AFMech) Law

8. Business, Trade, and Commerce


- Republic Act No. 7394: Consumer Act of the Philippines
- Republic Act No. 7581: Price Act
- Republic Act No. 11232: Revised Corporation Code of the Philippines
- Republic Act No. 8799: Securities Regulation Code
- Republic Act No. 10667: Philippine Competition Act

9. Taxation and Finance


- Republic Act No. 8424: National Internal Revenue Code (NIRC) or the Tax Reform Act of
1997
- Republic Act No. 10963: Tax Reform for Acceleration and Inclusion (TRAIN) Law
- Republic Act No. 10001: Lowering Tax Rate on International Carriers

10. Housing and Urban Development


- Republic Act No. 7279: Urban Development and Housing Act of 1992
- Republic Act No. 11201: Department of Human Settlements and Urban Development
(DHSUD) Act
- Republic Act No. 9507: Socialized and Low-Cost Housing Loan Restructuring Act

11. Technology and Cybersecurity


- Republic Act No. 10173: Data Privacy Act of 2012
- Republic Act No. 10844: Department of Information and Communications Technology
Act of 2015
- Republic Act No. 10667: Philippine Competition Act (which includes provisions for
anti-trust and fair competition in the digital economy)

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