DTI-NCR drops profiteering case against flour millers

MANILA, Philippines – Profiteering charges against San Miguel Mills, Universal Robina Corp. and nine others were dismissed by the Department of Trade and Industry National Capital Region (DTI-NCR) because of a technicality.

The Bureau of Trade Regulation and Consumer Protection (BTRCP), the consumer arm of the DTI, has filed profiteering complaint against all the large flour millers in the country because of the high price of flour.

However, in a six-page order by adjudication officer Ma. Carolina I. Carbonell, the DTI-NCR dismissed the complaint without prejudice after the complainant, the BTRCP, failed to submit a certification of non-forum shopping.

“The lack of a certification of forum shopping merely renders the action dismissible, without prejudice,” the decision stated. “Although the technical rules of procedure are not to be strictly applied in quasi-judicial cases, such procedures must nevertheless be observed in order to promote the orderly administration of justice,” it added.

The adjudication officer did not rule on the merits of the case and the other issues raised by the flour millers because, according to the law, failure to submit a certification of non-forum shopping constitutes enough ground for the dismissal of the case.

“All other issues subject to the resolution of this office are hereby moot and academic and subsequent orders relative to these are hereby set aside,” Carbonell said in her July 29 order.

The BTRCP, represented by its head Victorio Mario Dimagiba, argued that despite the absence of the certification of non-forum shopping, the case/s should not be dismissed in view of the issuance of summons issued by the adjudication officer which rendered the issue moot and academic. 

DTI-NCR disagreed with Dimagiba. The decision stated that the requirement of submitting a certification of non-forum shopping upon the filing of a complaint, is required under Section 4, Rule III of Department Administrative Order 07, Series of 2006.