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The Senate is working on a bill that provides protection for online shoppers against sellers of defective products over the Internet.
Introduced by Senator Sherwin Gatchalian, Senate Bill 1591 includes a key provision called “joint liability” that, once enacted into law, will hold liable local merchants selling imported but defective products purchased online.
“One of the provisions of the bill is called joint and several liability,” Gatchalian said, adding: “This means that if a delivered product is defective, the seller is equally liable, as most of the products sold online come from the Foreign”.
(One provision of our proposal is called joint liability. That means if the seller or the product has a problem, including the seller about the product liability because most of the products sold online come from abroad).
The senator explained, for example, that if a customer purchases a defective product, the local seller of the product should also be held liable. The customer must file a complaint with the Department of Commerce and Industry (DTI), which can then “seize the defective products.”
“But if you buy online, how will the seller of the defective product go?” He asked, adding: “About 70 to 80 percent of the products sold come from abroad. That is why we have to hold local sources responsible for these faulty products. “
Gatchalian recalled that during the Senate hearing, they discovered that not only were illegal items being smuggled into the country, but also counterfeit drugs and supplements.
“Fake rubber shoes, fake brand bags, and drugs and supplements that were not approved by the FDA [Food and Drugs Administration] they are also sold. We cannot approve the sale of these supplements as they are being ingested, ”Gatchalian said, in a mix of English and Filipino.
“Many of these supplements, particularly dietary supplements for weight loss, are bought by local consumers because they want to lose weight. What if they develop an allergic reaction to these products? Who should be responsible? Many of these products are imported. Therefore, the vendors who distribute these products in the country should also be held responsible ”.
When asked about the status of the bill, the senator said it will now be refined by a technical working group, although they are also interested in hearing from online vendors and platforms.
Gatchalian added that big online marketers like Shopee and Lazada conveyed their willingness to help address problems encountered in online commerce.
“In fairness to them, they admitted there is a problem and they want to help fix it,” said the senator, in a mix of English and Filipino. “They didn’t deny that there is a problem and said they will cooperate with the government and see how they can better protect Filipino consumers.”
