Establishment of Timbangan ng Bayan Centers in Public and Private Markets, Amending Republic Act No. 7394 (Consumer Act of the Philippines)

April 13, 2022

REPUBLIC ACT NO. 11706

AN ACT PROVIDING FOR THE ESTABLISHMENT OF TIMBANGAN NG BAYAN CENTERS IN PUBLIC AND PRIVATE MARKETS, AMENDING FOR THE PURPOSE CHAPTER II, TITLE III OF REPUBLIC ACT NO. 7394, OTHERWISE KNOWN AS THE "CONSUMER ACT OF THE PHILIPPINES"

SECTION 1. Chapter II, Title III of Republic Act No. 7394, otherwise known as the "Consumer Act of the Philippines," is hereby amended to read as follows:

"CHAPTER II

"Regulation of Practices Relative to Weights and Measures

"General Provision

"ARTICLE 61. x x x

"ARTICLE 62. x x x

"ARTICLE 62-A. Establishment of Timbangan ng Bayan Centers. — All provincial, city and municipal governments shall establish accessible Timbangan ng Bayan Centers in all public and private markets, including supermarkets, and when practicable, in flea markets or tiangges and grocery stores, within their respective localities.

"These centers must have the necessary instruments for determining weights and measures, which shall be available, free of charge, to all persons who need to confirm the accuracy of the quantity or measurements of products purchased or about to be purchased.

"The market supervisor shall be in charge of the safekeeping and routine maintenance of the Timbangan ng Bayan instruments and shall be responsible for maintaining a record of every product found to be deficient in quantity or is substandard in dimension, as well as the establishment where the same was bought including the name/s of the proprietor/s or manager/s thereof. A certification duly issued by the market supervisor or his/her authorized representative reflecting the contents of such record shall be prima facie evidence of a violation of Article 64 of this Act.

"The prohibited acts provided under Article 64 of this Act shall likewise apply to Timbangan ng Bayan instruments."

"ARTICLE 62-B. Coverage. — The market mentioned in Article 62-A of this Act, which refers to a public place, building, or structure, where goods, merchandise, foodstuff, commodities or articles of commerce are displayed and offered for sale to the general public, includes the following:

"a) Flea market or tiangge — a temporary market where goods, merchandise, or food products are sold;

"b) Grocery store — a retail shop that primarily sells food and household items in a specific community; and

"c) Supermarket — a market larger than a grocery store in which shoppers serve themselves by using baskets or pushcarts in selecting commodities from shelves or cold display storages and paying for their purchases at the exit."

"ARTICLE 62-C. Assistance to Provincial, City and Municipal Governments. — The Department of Trade and Industry shall provide assistance to provinces, cities and municipalities in the establishment of Timbangan ng Bayan Centers nationwide: Provided, That priority shall be accorded to provinces, cities and municipalities belonging to the fourth-, fifth- and sixth-income classifications."

"ARTICLE 63. x x x

"Prohibited Acts

"ARTICLE 64. Fraudulent Practices Relative to Weights and Measures. — The following acts relating to weights and measures are prohibited:

"xxx xxx xxx

"h) for any person to fraudulently alter, tamper, vandalize or destroy any scale, balance, timbangan ng bayan instrument, weight or measure after it is officially sealed;

"xxx xxx xxx."

"ARTICLE 65. Penalties. —

"a) Any person who shall violate the provisions of paragraphs (a) to (g) and paragraph (l) of Article 64 of this Act or its implementing rules and regulations shall, upon conviction, be subject to a fine of not less than Fifty thousand pesos (P50,000.00) but not more than Three hundred thousand pesos (P300,000.00) or by imprisonment of not less than one (1) year but not more than five (5) years or both upon the discretion of the court.

"b) The owner, possessor or user of instruments of weights and measures enumerated in paragraphs (h) to (k) of Article 64 of this Act shall, upon conviction, be subject to a fine of not less than Fifty thousand pesos (P50,000.00) but not more than Three hundred thousand pesos (P300,000.00) or by imprisonment of not less than (1) year but not more than five (5) years or both upon the discretion of the court: Provided, That two (2) successive violations of Article 64 of this Act shall, when applicable, automatically result in the cancellation of the business permit of the erring individual or business establishment."

SECTION 2. Implementing Rules and Regulations. — Within ninety (90) days from the effectivity of this Act, the Department of the Interior and Local Government and the Department of Trade and Industry shall, in coordination with the Union of Local Authorities of the Philippines, the League of Provinces of the Philippines, the League of Cities of the Philippines, the League of Municipalities of the Philippines, and other relevant government agencies and stakeholders, promulgate the rules and regulations to effectively implement the provisions of this Act.

SECTION 3. Appropriations. — The amount necessary to carry out the provisions of the new Article 62-A of the Consumer Act of the Philippines shall be charged against the national tax allotment and other funds of the local government unit concerned.

SECTION 4. Separability Clause. — If any provision, section, or part of this Act shall be declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any other provisions, sections or parts hereof.

SECTION 5. Repealing Clause. — All laws, decrees, orders, rules, and regulations which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SECTION 6. Effectivity. — This Act shall take effect fifteen (15) days following its publication in at least two (2) newspapers of general circulation or in the Official Gazette.

Approved: April 13, 2022.

 

Published in the Manila Bulletin on May 17, 2022.

Published in the Official Gazette, Vol. 118, No. 21, p. 5927 on May 23, 2022.