’Tis the ‘tiangge’ season

You know it’s Christmas when the days are shorter and the nights are longer – and colder, even in this part of the tropics where it might as well be summer all year round. You know it’s Christmas when the not-so-friendly neighborhood garbage collector is kinder, taking the bother to stop by your gate or even knock on your door. (Of course, he’s there to collect not just your mounting rotting garbage but also the "Merry Christmas" envelope he had earlier dropped in your mailbox.) You know it’s Christmas when traffic is much more horrendous than usual. And you know it’s Christmas when bazaars and tiangges are sprouting like shiitake mushroom all over the metro. It seems that half of Metro Manila’s populace has something to sell – from dry goods to goodies.

Because ’tis the season for tiangges, in the interest of consumer protection, the Department of Trade and Industry gives these helpful bits of info:

What is a tiangge?

Tiangge is the local term for a type of market composed of mini-stalls offering assorted products at bargain prices. These are usually found on side streets, but now, they are a common sight in shopping malls.

A lot of people – actually bargain hunters (who isn’t?) – prefer buying goods from the tiangge because they are considerably cheaper, compared to those sold in bigger or more popular establishments.

What provisions from the Consumer Act should tiangge stall owners abide with?

The Consumer Act (RA 7394) and its implementing rules and regulations govern the activities of all businesses, including tiangge stalls, to protect consumer rights and safety.

What is the price tag requirement?

Section 1, Rule 10, Chapter 4 (IRR) states, "All consumer products sold in retail to the public shall bear an appropriate price tag, label or marking indicating the price of the article. Such consumer products shall not be sold at a price higher than that stated therein."

What must the consumer look for?

• A price tag indicating the price of the product per unit in pesos and centavos, in clear and understandable writing, without erasures or alterations.

• A price list posted in conspicuous places within the stall, if placing price tags is impractical.

What are the minimum labeling requirements?

According to Section 1, Rule 2, Chapter 4 (IRR), "All products domestically sold, whether manufactured locally or imported, shall indicate the following in their respective labels or packaging: correct and registered brand name, duly registered trademark, registered business name, complete business address, active ingredients of the product, net quantity of contents (weight, measure or numerical count), country of manufacture (if imported)."

If the product is manufactured, refilled or repacked under license from a principal, the label shall so state the fact.

Jewelry and wearables may be designated in weight, size or quality.

Certain products require additional labels necessary to avoid dangers resulting from lack of information regarding their proper use or consumption. These include:

• Flammable products, toxic or poisonous products, corrosive products, strong sensitizers or allergens.

• Complicated mechanical, electrical or electronic appliances, equipment or products that need to be assembled; electrical or electronic appliance that requires a specific wattage, voltage or amperes; mechanical and electrically powered toys.

• Products prone to accident if not handled properly.

• Products where damage is likely to result from non-compliance to the limited use of the product.

• Products with express warranties.

Perishable products also require other necessary labeling requirements as to the expiry date, ingredients used, precautions or contra-indications, etc.: food, drugs/medicines, cosmetics.

How are consumers ensured of product safety and quality?

Article 18a states, "It shall be unlawful for any person to manufacture for sale, offer for sale, distribute in commerce, or import into the Philippines any consumer product which is not in conformity with an applicable consumer product quality or safety standard."

Products for sale in a tiangge that are included in the list for mandatory certification by the DTI’s Bureau of Product Standards (91 in all) shall bear the appropriate PS mark for locally manufactured products and ICC mark for those imported from overseas.

For products that are not included in the said list, they shall also be required to comply with applicable voluntary standards from the BPS.

Standards serve as specific guidelines for the production and development of products and services, thus effecting competitiveness within the industry. At the same time, they ensure consumer safety to prevent possible hazards caused by substandard goods.

What are these mandatory products?

LPG cylinders, safety matches, cement products, electric wires and cables, lighters.

What is the liability for product imperfection?

Article 100 asserts, "The suppliers of durable or non-durable consumer products are jointly liable for imperfections in quality that render the products unfit or inadequate for consumption for which they are designed or decrease their value, and for those resulting from inconsistency with the information provided on the container, packaging, labels or publicity messages/advertisement, with the consumer being able to demand replacement to the imperfect parts."

Thus, it shall be unlawful for the supplier/s to refuse to offer redress in case of imperfections in the product.

In case of product imperfections, what must the consumer do?

Go back to the tiangge stall where the product was purchased and tell the store representative which type of remedy you wish to be done. Present your valid proof of purchase.

Per Article 100, if the imperfection is not corrected within 30 days, the consumer may demand alternatively: the replacement of the product by another of the same kind, in a perfect state of use; the immediate reimbursement of the amount paid or a proportionate price reduction.

If the store refuses to heed your request for remedy, you may file a complaint with the DTI-BTRCP or the nearest DTI regional office.

And here are more friendly reminders:

Tiangge stalls seldom give out official receipts. To make sure you have a valid proof of purchase to present when seeking redress, ask for a simple receipt written on a blank slip of paper stating the item description, price, unit, name and address of the stall, and signature of the seller.

However, as tiangge stalls are usually transitory, always inspect first the products you wish to buy to avoid any possible dilemma in the future – or ending up with a lemon. Better sure than sore.

Does the "No Return, No Exchange" policy apply in the tiangge?

Section 7, Rule 2, Chapter 1 (IRR) says: "The words ‘No Return, No Exchange,’ or words to that effect shall not be written into the contract of sale, receipt in a sales transaction, in any document evidencing such a sale or anywhere in a store or business establishment."

In relation to the previous provision, the use of such words is prohibited because consumers are entitled to remedies in case of imperfections in the product/s bought.

For complaints/inquiries, the consumer hotlines are 8977DTI (384) and 896-5740. Complain on-line at www.i-reklamo.ph. Visit DTI at 361 Sen. Gil Puyat Ave., Makati City or its website at www.dti.gov.ph. Text DTI : DTI<space>message (send to 2920 for Globe/Smart and 2384 for Sun Cellular). Send e-mail to i-reklamo@dti.gov.ph.

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