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The Federation of Philippine Industries asked the Supreme Court to issue an administrative ruling that will prevent lower courts from issuing temporary restraining orders that block regulatory agencies from checking on compliance to product standards
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FPI said in a letter-petition that the current legal environment allows trial courts to temporarily stop the enforcement of quality standards set by the government through cases filed by non-compliant traders
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These TROs effectively paralyze the oversight functions of the Department of Trade and Industry and the Food and Drug Administration, putting consumer and public safety at risk
The Federation of Philippine Industries, Inc. (FPI) has asked the Supreme Court to issue an administrative ruling that will prevent lower courts from issuing temporary restraining orders (TROs) that block regulatory agencies from checking on compliance to product standards.
The country’s largest industrial umbrella group, in a letter-petition addressed to the high tribunal, pointed out that the current legal environment allows trial courts to temporarily stop the enforcement of quality standards set by the government through cases filed by non-compliant traders.
These injunctions effectively paralyze the oversight functions of the Department of Trade and Industry (DTI) and the Food and Drug Administration (FDA), potentially flooding the market with hazardous products, FPI said in a statement.
The petition was signed by FPI President John Reinier Dizon, Chair Elizabeth Lee, and Chairman Emeritus Jesus Arranza.
“Any RTC (regional trial court) can issue an injunction against the standards… We feel that is wrong because the standards are supposed to be for the consumers’ benefit,” Arranza said in a forum last week streamed on social media.
The Consumer Act of the Philippines, or Republic Act No. 7394, protects consumer interests, promotes general welfare, and sets standards for business practices. Under the law, the DTI serves as the main agency for enforcing consumer rights and addressing complaints. Its coverage includes product quality, safety, labeling, and fair sales practices, among others.
FPI, whose main advocacies include product standards, said the country’s highest court has the constitutional power to set procedural rules for all Philippine courts.
The federation suggested a framework similar to that used for environmental cases wherein only the Supreme Court has the authority to issue a TRO against government bodies enforcing laws relating to the protection of the environment.
FPI said the Supreme Court can limit the power to itself when it comes to preventing the DTI and FDA from their oversight functions on product standards.
The group said substandard goods, especially pharmaceutical and those used in construction, pose serious risks to consumers and the public in general.
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