777JILI DTI Complaint Steps: Mediation First, Then a Formal Filing

A DTI complaint starts with mediation, which DTI Administrative Order 20-02 makes mandatory.

Key facts and contents
Step 1
Check that the DTI is the right office
Step 2
Write the complaint letter or fill the Complaint Form
Step 3
File with the Mediation Division or a DTI office
Step 4
Go through mediation
Step 5
Lodge the formal complaint
  1. What the DTI handles and what it sends elsewhere
  2. Steps to file a DTI complaint
  3. What to put in the DTI complaint
  4. Where the paper goes
  5. Time limits in DAO 20-02
  6. The formal complaint and the two-year window

A DTI complaint is a written allegation that the Consumer Act or a Trade and Industry Law was violated in a consumer transaction, which is how DTI Department Administrative Order 20-02 defines it. Before you file, write down the facts the way a complaint letter the DTI can read sets them out. The DTI’s own pages put mediation ahead of any formal case, so the steps below follow that order.

What the DTI handles and what it sends elsewhere

The DTI’s complaints page carries a matrix of consumer agencies. It sends these concerns away from the DTI:

ConcernAgency the matrix names
Banks, non-bank financial institutions, pawnshops, credit cardsBSP
Cellphones, TV, radio, internetNTC
Insurance claimsInsurance Commission
Mutual funds, financing and lendingSEC Corporation Finance Department
Claim for insured depositPDIC

Gambling is not listed in that matrix. The DTI’s FAQ on jurisdiction describes its own reach as consumer products not under the Department of Health or the Department of Agriculture.

Steps to file a DTI complaint

  1. Check that the DTI is the right office, using the matrix above.
  2. Write the complaint letter or fill the Complaint Form.
  3. File with the Mediation Division, a DTI Regional Office or a Provincial Office.
  4. Go through mediation.
  5. Lodge the formal complaint with the Certificate to File Action.

What to put in the DTI complaint

The DTI’s e-Sigaw page lists the contents of a complaint letter. These are the four parts:

  1. Complete name, address, e-mail and contact number of complainant and respondent.
  2. Narration of facts.
  3. Demand.
  4. Scanned proof of the transaction and a government-issued ID of the complainant.

For a refund claim, the refund rules under Article 100 tell you which remedies to name in the demand. If you plan to ask the other side in writing first, what a demand letter changes explains the Civil Code article behind it.

Where the paper goes

The DTI’s pages print these routes for a consumer complaint, exactly as listed:

RouteWhat the page prints
Online systemThe DTI Consumer Complaints Assistance and Resolution System, CAReS, named on the complaints page
Technical help for CAReSconsumercare@dti.gov.ph, or call 7791-3148
By e-mail or in personconsumercare@dti.gov.ph, or the Director, Fair Trade Enforcement Bureau, 5th Flr., Trade and Industry Building, 361 Sen. Gil J. Puyat Ave., 1200 Makati City
Outside Metro ManilaThe provincial office directory on the complaints page
DTI head officeFilinvest Bldg., 387 Sen. Gil J. Puyat Ave., 1200 Makati City; 1-DTI (384) / (632) 7791.3100

Time limits in DAO 20-02

StageLimitWhere it is printed
Notice of Mediation issuedthree working daysRule III
Mediationseven working days from service, extendable by not more than tenRule III Section 4
Formal complaint after the Certificate to File Actionten working days from serviceRule III Section 6
Decisionfifteen working days from submissionRule IV Section 13

Read each limit in the order itself, which the DTI lists on its DAO 20-02 download page.

The formal complaint and the two-year window

The DTI’s FAQ lists what a formal complaint holds:

  1. A verified, dated and signed Complaint Form with names and addresses.
  2. A concise statement of facts.
  3. Sworn statements of witnesses or documentary evidence.
  4. The reliefs prayed for.
  5. A Certificate of Non-Forum Shopping.
  6. The Certificate to File Action.

Article 169 of RA 7394 sets two years from the time the transaction was consummated for actions under the Act. DAO 20-02 adds that the prescriptive period resumes to run if no formal complaint is filed within ten working days after service of the Certificate to File Action. Keep every date, and read the DTI’s FAQ on the deemed-submitted rule: a case is deemed submitted for decision upon the lapse of ten working days from receipt of the Notice of Adjudication, per Section 10 of Rule IV.

FAQ

Is mediation required before a DTI complaint?

The DTI's FAQ says mediation is mandatory and a condition precedent to filing a consumer complaint, which can be filed once the Mediation Division issues a Certificate to File Action.

How long does DTI mediation last?

DAO 20-02, Rule III Section 4, says mediation is completed within seven working days from service of the Notice of Mediation, and the parties may agree to extend it by not more than ten working days.

What fee do I pay for a DTI complaint?

The DTI complaint pages saved for this site print no filing fee. Ask the office that receives your paper what it charges.

Does the DTI take complaints about gambling?

The matrix of consumer agencies on the DTI's complaints page does not list gambling. It lists the agencies for banks, telecoms, insurance, securities and deposit insurance.

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