r/LawPH • • 21h ago

Sino ba dapat ang masunod sa Repair / Replace / Refund options under the Consumer Act of the Philippines (RA 7394) - ang consumer ba o ang seller/manufacturer?

5 Upvotes

Sino ba dapat ang masunod sa Repair / Replace / Refund options under the Consumer Act of the Philippines (RA 7394) - ang consumer ba o ang seller?

So here's the situation: back in May 2023 ay bumili si Pedro ng gen4 2TB nVME SSD drive sa halagang Php 6,000. Etong SSD ay merong 5 years warranty.

Nasira ngayon ang SSD. Since 5 years ang warranty, pasok pa eto sa warranty period. As you may have known, currently ay nagtaas ang presyo ng computer parts including SSD dahil sa AI demand. Yung Php 6,000 na gen4 2TB nVME SSD drive noon ay nasa Php 24,000 na (x4 na ang presyo)

Ngayon, ang ino-offer lang ng manufacturer ay full refund ng halagang Php 6,000. Siyempre, lugi si Pedro dito kasi Php 24,000 na ang presyo nung nasira niyang pyesa so kung tinanggap niya ang Php 6,000 ay need pa niya ng additional Php 18,000 para makabili ng same SSD drive na nasira.

So ayon ba sa Consumer Act, may karapatan ba si Pedro na magdemand ng replacement drive? Take note na binebenta pa rin kasalukuyan sa merkado yung nasira niyang SSD drive (same model/capacity) at hindi eto currently obsolete. Ang sinasabi lang ng manufacturer ay "out of stock" na daw ang replacements nila (kahit na nagbebenta pa naman sila ng same model/capacity)

NOTE: Halos same ang scenario ko sa karanasan ni Louiss Rossman vs. Samsung (google niyo na lang pero sa USA kasi yung pangyayari na yun. Not sure kung paano dito sa Pilipinas with RA 7394.)


r/LawPH • • 7h ago

Retrenched or Redundancy: Can a company force me to sign a MSA?

4 Upvotes

Full story:

The company had a restructuring recently. Out of the 15+ in my position, I was the 2nd most tenured yet I was being let go. They offered me a Mutual Separation Agreement that is slightly above the government mandate cos they offered ex gratia. I clarified with the HR whether I would be redundant or retrenched and they wont answer me. They said if I dont sign the MSA by next week I will be redundated instead. Their offer is 60 day notice (paid garden leave) + ex gratia + government mandated separation pay, and the usual benefits.

Is this even legal? This is a company initiated so why an MSA? Do I have any leverage to negotiate for more?


r/LawPH • • 14h ago

What can we legally do about a smear campaign that turned into cyberbullying?

6 Upvotes

In the Philippines, we’re very familiar with “chismis”. rumors and gossip that can spread quickly within a community. But what happens when that same dynamic moves to the internet?

I’m asking about a young, indigent woman with a disability who was allegedly targeted by a smear campaign. Someone made allegations about her, and almost overnight, the internet amplified them into mass condemnation, harassment, and cyberbullying.

With the power and toxicity of online cancel culture, a smear campaign can potentially destroy someone’s reputation and livelihood before they even have a chance to respond.

What legal remedies are available in the Philippines in a situation like this? And what can the victim do to document the campaign and protect herself?


r/LawPH • • 13h ago

Hey I kinda need some help and advice and Anong kaso sakaling isasampa namin.

5 Upvotes

So... My mom and my aunt had a fight and include na ako dun. Basically Hindi na sila nag t-talk for a while because of some fights also. We all live in a one compound ground and the materials and mga gastos para ma itayo ang bahay. One day I was playing with my one year old brother, then suddenly my tita slammed the door right in our faces. Thankfully my brother was not hurt kahit naka kapit sya sa doorframe ng door. I instantly hid myself and my brother to my parent's room. Then when my mom came up I told her what happend. Of course galit sya and said some things out loud.

Enough na marinig ni tita. Then si tita nag dabog sya sa kwarto niya (our rooms are magkalapit lang) Then out of the blue, bigla syang sumugod sa kwarto ni mama where I was there lying in the mattress tapos sigaw sakin. Then sinampal ako, syempre na surprised ako nun and tumayo sabay sampal sa kanya and sabunot. We were separated by my uncle. Then dun nag simula Yung sigawan nila ni mama to the point I have to hug my baby brother's crying form, taken aback on what's going on.

My tita spokes some things na, "Kabit ka lang!", "Ipapatay kita!", and nag hugas kamay sya sa mga ginawa nya teh at ginawa pa ako ang masama. Na ako daw ang nag slam ng door. So she even said, "I'm a independent woman! I don't need all of you" (Spoilers: Sya pa ang galit at Hindi nag layas) The most painful part is that kami pa ni mama ang napa layas and she stayed on the kung saan my mother paid all the things to make it build na Wala naman syang na contribute.

Maluha nalang ako pinagmamasdan ang hirap ng aking mama at sa struggle na she need to rebuild her life just to be away from my tita. Please help me, I wanted her badly to pay what she did. Anong kaso na isampa ko sa kanya. (I'm only 15 and si tita pa ang threat sa akin na ipapa kulong niya daw ako.)


r/LawPH • • 15h ago

Hi guys! Badly need your advice 🙏🏻 Is there any legal action we could take to get the 16k back?

1 Upvotes

Last June 18, my friend moved into a dorm. She inquired and moved in on the same day. She then paid a total of 28k, which included a partial rent payment from June 18 to the end of the month, an advance payment of 8k+, and a security deposit of more than 16k. The person we inquired with did say that the 16k is refundable after 60 days, but he didn't say it would only be after the contract ends. We only found that out around July.

Now it turns out the unit is extremely moldy, and it has gotten worse ever since the rainy season started. My friend has lost almost all of her belongings: shoes, clothes, furniture, and more. She talked to the same guy she spoke with when she inquired, and the same thing kept happening over and over. They never actually checked her unit. It also seems to be something with the structure of the dorm's floor, which is always wet because it isn't tiles or linoleum. From what we observed, something in the structure is causing the mold. My friend cleaned it several times, but it keeps coming back.

We went to the dorm because one of their office staff said we needed to sign a waiver, and guess what? The waiver says that we should not take any further action against them and that they have the right to forfeit the security deposit, etc. We did not sign it.

We then sent a formal demand letter to the dorm by email. They responded and said their Building Manager will inspect the unit and meet with us. They did not say anything about refunding the deposit, and they asked us to hold off on any further action until after the inspection. My friend is open to the inspection, but we want to know her options if they still refuse to return the deposit. I know it's partly her fault for not fully checking the unit, but this really feels like a scam. Any advice would be appreciated!