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    Consumer protection
    when disaster strikes
     

    IN a message sent to Konsyumer Atbp. through text, a listener inquires about her protection against sudden price increases, especially during periods of calamity.

    As a housewife, Jenny Ricardo was the one who buys their needs at home—from fresh goods to grocery items.  Although she “gets” it that movement in the price of fish and vegetables is bound to happen during severe weather conditions, what frustrates her is when some retailers of manufactured items, such as canned fish and processed meat, also increase their prices and use the typhoon as the excuse. 

    In situations like this Ricardo asks if consumers really have ample protection against unscrupulous businesses which implement sudden increases in the price of goods, especially during typhoons or in the event of other disasters.

    The answer is Yes. Republic Act 7581, otherwise known as the Price Act, is a law that provides protection to consumers by stabilizing the prices of basic necessities and prime commodities by prescribing measures against undue price increases during emergency situations and like occasions.

    The Price Act states, “It is the policy of the state to ensure the availability of basic necessities and price commodities at reasonable prices at all times without denying legitimate business a fair return on investment. It is also a declared policy of the state to provide effective and sufficient protection to consumers against hoarding, profiteering and cartels with respect to the supply, distribution, marketing and pricing of said goods, especially during periods of calamity, emergency, widespread illegal price manipulation and other similar situations.”

    But what are these acts of price manipulation that are considered illegal?

    The first one is hoarding or the undue accumulation by a person of any basic necessity or prime commodity beyond his normal inventory levels or the unreasonable limitation or refusal to dispose of, sell or distribute the stocks to the general public.

    Hoarding is also defined as the unjustified taking out of any basic necessity or prime commodity from the channels of production, trade, commerce and industry.

    There shall be prima-facie evidence of hoarding when a person has stocks of any basic necessity or prime commodity 50 percent higher than his usual inventory and unreasonably limits, refuses or fails to sell the same to the general public at the time of discovery of the stocks.

    Profiteering is the sale or offering for sale of any basic necessity or prime commodity at a price grossly in excess of its true worth.

    There could be acts of profiteering whenever a basic necessity or prime commodity is being sold: has no price tag; is misrepresented as to its weight or measurement; is adulterated or diluted; or whenever a person raises the price of any basic necessity or prime commodity he sells or offers for sale to the general public by more than 10 percent of its price in the immediately preceding month. 

    A cartel is any combination of or agreement between two or more persons engaged in the production, manufacture, processing, storage, supply, distribution, marketing, sale or disposition of any basic necessity or prime commodity designed to artificially and unreasonably increase or manipulate its price.

    Cartel is evidenced whenever two or more persons or business enterprises competing for the same market and dealing in the same basic necessity or prime commodity perform uniform or complementary acts among themselves, which tend to bring about artificial and unreasonable increase in the price of goods or when they simultaneously and unreasonably increase prices on their competing products, thereby lessening competition among themselves.

    Meanwhile, aside from the protection provided by the law, the government, particularly the Department of Trade and Industry  and the Department of Agriculture, conducts heightened monitoring of price-and-supply situation of goods, especially when disasters are expected to strike to detect and forestall any artificial price hikes.

    These agencies also coordinate with producers and manufacturers to check on their inventories to ensure that supply is enough, particularly on areas that are expected to be hit the hardest.

    Aside from this, its field offices are constantly on the lookout for possible supply shortages owing to problems in distribution because of road blockades and assists in looking for alternative channel for the distribution of goods.

    The Local Price Coordinating Council  are also alerted to further intensify monitoring of prices in all cities and provinces nationwide, as well as enforce strict compliance of the price-tag law and properly calibrate weighing scales, particularly in wet markets.

    An administrative fine of not less than P5,000 but not more than P1 million shall be imposed for violation of the Price Act subject to the circumstances provided after due notice and hearing. Criminal liability may result in imprisonment of not less than five years but not more than 15 years.

    Thus, the government has enough measures in place to protect consumers from traders and retailers who unjustifiably raise prices to exorbitant levels in the event of a calamity or when the country is in a state of emergency. As a reminder to businesses, help and not exploitation is desperately needed during hard times, especially those directly hit by a disaster. 

    * * *

    Send your feedback and queries to konsyumeratbp@gmail.com. For in-depth information on consumer issues, listen to Konsyumer Atbp. every Saturday, 10:00-11:30 a.m. over  dzMM 630kHz. For consumer complaints, call the DTI Consumer Assistance Hotline 751-3330 or Text DTI<space>complaint and send to 2920 for Globe and Smart subscribers.

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