LAS Piñas Rep. Camille Villar has proposed amendments to the almost decade-old RA 10642, or the Philippine Lemon Law, to address growing complaints from consumers who have been having difficulties in running after manufacturers, distributors, dealers or retailers engaged in deceptive business and trade practices.

In filing House Bill No. 10347, Villar noted that despite the existence of RA 10642, which was enacted on July 15, 2014, “a number of complaints against non-conformity, defect or condition that substantially impairs the use, value or safety of brand-new motor vehicles have not been satisfactorily or expeditiously resolved.”

The Philippine Lemon Law provides protection to buyers of motor vehicles against issues that prevents the purchased motor vehicle from conforming to the manufacturer or distributor’s standards or specifications and which cannot be repaired.

Villar said the problem lies with the “cumbersome process” of availing the protection and rights under the Philippine Lemon Law.”

In particular, she said the provision giving manufacturers, distributors, dealers or retailers four attempts to repair the defective cars within the first 12 months from the date of delivery has made it inconvenient and burdensome for consumers/buyers to avail of their rights under RA 10642.

Under her proposed bill, Villar urged her colleagues to cut to only one repair attempt the current four repair attempts stipulated in the Philippine Lemon Law to make the process of availment not only faster but easier for buyers who fell prey to deceptive and unfair business and trade practices.

Likewise, the Deputy House Speaker from Las Piñas proposed that manufacturers, distributors, dealers or retailers be compelled to ensure the availability of parts, components or assemblies for the defective vehicle that is up for repair “within the period of availment of the Lemon Law rights.”

Villar said the parts, components or assemblies should be made available within 10 days from the date a complaint has been made or a request for repair is requested. Failure of the car companies to provide the parts within the period would “entitle” the car owner or buyer to a “replacement with a brand-new motor vehicle of comparable specifications and value, without the need to comply with the one repair attempt requirement.”

Villar also proposed that “to compensate for the non-usage of the vehicle while under repair and during the period of availment of the Lemon Law rights, the consumer shall be provided with either a reasonable daily transportation allowance, an amount which covers the transportation of the consumer from his or her residence to his or her regular workplace or destination and vice versa; equivalent to air-conditioned taxi fare [as evidenced by an official receipt], or in such amount to be agreed upon by the parties.”

She said the consumer may also opt to ask manufacturers, distributors, authorized dealers or retailers to provide him/her a service vehicle.

Proposed HBN 10347 states that “failure of the manufacturer, distributor, authored dealer or retailer to provide any of the above-mentioned remedies for non-usage of vehicle under repair shall make them liable for exemplary damages in the amount of P50,000 in addition to actual damages suffered by the consumer.”

“I am hoping that the proposed amendments will help redress the many consumers who parted with their hard-earned resources only to receive defective brand-new motor vehicle from manufacturers, distributors, dealers or retailers,” Villar said.

AUTHOR PROFILE

Ryan Ponce Pacpaco