Q : How can a consumer avail of his/her rights under the Philippine Lemon Law?
A : A consumer shall issue a Notice of Availment of Lemon Law Rights to the
concerned manufacturer, distributor, authorized dealer o r retailer stating that s/he will
avail of his/her rights provided for under the Philippine Lemon Law.
Q : What are the rights of consumers under the Philippine Lemon Law?
A :
When nonconformity is found on a brand new motor vehicle within twelve (12)
months from its date of original delivery, a consumer may bring it before the
concerned manufacturer, distributor, aut horized dealer or retailer for repair.
During repair and the period of availment of the Lemon Law rights, the
consumer, as agreed with the concerned manufacturer, distributor, authorized
dealer or retailer, shall be provided with any of the following:
o Daily Transport Allowance which covers the transportation expenses of
the consumer to and from his/her house and regular workplace or
destination; or
o Service vehicle.
If after at least four separate (4) repair attempts the defect or nonconformity
remains unresolved then, a consumer may issue a Notice of Availment of Lemon
Law Rights to the concerned manufacturer, distributor, authorized dealer or
retailer.
Following to filing the said notice, the consumer shall bring the defective or
nonconforming motor vehicle to the concerned manufacturer, distributor,
authorized dealer or retailer for a final attempt to address the complaint
according to his/her satisfaction.
In case the final attempt to address the defect or nonconformity fails, the
consumer may bring his/her complaint before the DTI.
Q : Can a consumer choose to replace the defective motor vehicle with another
vehicle that is of higher value and specifications?
A : Yes, provided that, the consumer will pay the difference in cost.
Q : When will the Implementing Rules and Regulations (IRR) of the Philippine
Lemon Law be released?
A : The IRR of the Philippine Lemon Law will be issued within ninety (90) days from its
date of effectivity.
Q : Can a consumer invoke the Lemon Law Act prior its date of effectivity?
A : No, the Lemon Law Act has no retroactive effect.
Q : After its effectivity, can the Lemon Law Act be implemented prior the
issuance of its IRR?
A : Yes. The IRR is only needed for those provisions that are not clearly stated.