Huwebes, Hunyo 19, 2014

Drilon urges automobile dealers to audit products amid approval of Lemon Law

Press Release
20 June 2014
Refer To Jeeno C. Arellano
(09175409618)



Senate President Franklin M. Drilon today encouraged automobile manufacturers, dealers, distributors and retailers to maintain a very high quality control of their products to avoid faulty motor vehicles getting into the hands of consumers.

The Senate leader said that under the proposed Philippine Lemon Law, which the Congress passed shortly before it went on sine die break, legal remedies and protection are made available to consumers who are sold defective motor vehicles.

“With the impending approval by the President of the Philippine Lemon Law, all manufacturers, dealers, distributors and retailers of motor vehicles in the country should now carefully audit and assess the quality of their products,” said Drilon.

“Because under the proposed law, they will be liable to pay a minimum amount of P100,000 as damages and they can be civilly and  criminally liable once a defective motor vehicle, or a lemon vehicle, is sold,” stressed Drilon.

Drilon considered the Lemon Law as among the landmark legislation passed during the First Regular Session.

“This is the kind of legislation that our consumers really need these days considering the influx of motor vehicles in the country,” said Drilon.

“We have been hearing complaints about defective vehicles and the Congress, despite the pork barrel scam controversy, was able to listen and act immediately on their concerns. We hope to enact more measures that would enhance consumer protection,” he added.

Once enacted, Drilon explained that buyers of brand new vehicles which do not conform to the manufacturer or distributor’s standards can report any nonconformity within 12 months from the date of the original delivery or up to 20,000 kilometers of operation after delivery, whichever comes first.

The proposed measure also protects the buyer of returned motor vehicles. The manufacturer or dealer is mandated to disclose in writing to the next purchaser of the same vehicles the nature of nonconformity which caused the return.
  
The manufacturer, distributor, dealer or retailer who violates the prohibition on resale disclosure shall be liable to pay a minimum amount of P100,000 as damages to the aggrieved party without prejudice to any civil or criminal liability they and/or the responsible officer may incur under existing laws, according to the proposed measure.

According to the measure, the consumer shall, in writing, notify the manufacturer or dealer the unresolved complaint, and the consumer’s intention to invoke his or her rights under the proposed Act.


The consumer shall bring the vehicle to the manufacturer for a final attempt to address the complaint of the consumer to his or her satisfaction. Upon receipt of the motor vehicle, the manufacturer or dealer shall attend to the complaints of the consumer including as may be necessary, making the repairs and undertaking such actions to make the vehicle conform to the standards or specifications of the manufacturer, distributor, authorized dealer or retailer for such vehicle. ###

Drilon: Amendment to Dangerous Drugs Act to strengthen gov’t ability to prosecute drug cases

Press Release
20 June 2014
Refer to Jeeno C. Arellano
(09175409618)


Senate President Franklin M. Drilon today said that the proposed amendments to the Comprehensive Dangerous Drugs Act (Republic Act No. 9165) will boost chances of successful prosecution of drug-related cases in the country.

“The amendments to Section 21 of RA 9165 will reinforce the government’s ability to bring perpetrators to jail,” stressed Drilon. 

“It will also put a stop to the rampant cases of confiscated illegal drugs being recycled,” he added.

The Senate, shortly before its First Regular Session ended, approved Senate Bill No. 2273 and House Bill No. 2285, amending RA 9165, “in order to aid in successful prosecution of cases involving prohibited drugs.” The Senate leader said that he expects the amendments to Republic Act 9165 to get the President’s approval this month.

Under the new measure, the arresting officer is allowed to conduct an inventory of seized dangerous drugs at the place where the search warrant is served.

But in the case where a warrant of arrest is not available, the proposed measure gives the arresting officer the power to conduct an inventory at nearest police station or at the nearest office of the apprehending officer/team, whichever is practicable as long as the integrity and the evidentiary value of the seized items are properly preserved.

The proposed measure would allow the presence of at least two witnesses, instead of three as required under the current law, to conduct a drug inventory. Any inventory of drugs can now take place in the presence of the accused or his representative and of at least two of the following: an elected public official, a representative from the media or the Department of Justice.

The amendments would also expedite the production of evidence by requiring the immediate issuance of a certification of the forensic laboratory examination upon the receipt of confiscated drugs.

“With the amendments, the possibility of having these seized drugs recycled and make their way again to the market will be lessened,” the Senate chief said.

Drilon recounted during his time as justice secretary how he uncovered cases of confiscated drugs being recycled back into circulation by unscrupulous law enforcers.


“Back then when we presented policemen to submit the evidence in court, they made the excuse that the drugs confiscated were lost or somehow stolen. This weakened our chance of success of being able to prosecute drug lords,” he said. 

-end-