Buying Counterfeit Philippines

Taking Legal Action for Buying a Counterfeit Phone in Greenhills

Question:

The client purchased a phone in Greenhills, believing it was legitimate as promised by the seller. The client wishes to take legal action, not for a refund or replacement but to have the seller face criminal charges for selling counterfeit items. Is this possible under Philippine law, and how can it be done?

Answer:

Laws Applicable:

1. Republic Act 7394, or the Consumer Act of the Philippines: This law protects consumers from deceptive and unfair sales practices.

2. Intellectual Property Code of the Philippines (RA 8293): This law criminalizes the sale of counterfeit products.

3. Revised Penal Code: This can also potentially cover fraudulent activities like selling counterfeit goods.

Steps to Take Legal Action:

1. Gather Evidence: Collect all possible evidence such as receipts, promotional materials, and any communications with the seller claiming that the phone is legitimate.

2. File a Complaint: The first step is to report the issue to the Department of Trade and Industry (DTI). Provide all evidence to substantiate your claim.

3. Police Report: A formal police report can also be filed, which may be necessary for filing a criminal case.

4. Criminal Case: Based on your evidence and preliminary investigations, a public prosecutor can decide whether there is enough basis to file a criminal case against the seller.

Criminal Liability:

If proven guilty, the seller may face imprisonment, fines, or both, depending on the gravity of the offense and the specific laws invoked.

Note on Civil Liability:

Even if you're not interested in a refund or replacement, the court may still award damages as part of the criminal case.

Disclaimer:

This article is for informational purposes only and is not a substitute for professional legal advice. Consult your attorney for advice tailored to your specific situation.