Panayam kay DTI Consumer Protection Group Assitant Secretary Atty. Amanda Nograles

PTVPhilippines

Transcript

00:00 We will discuss the mystery parcels that are being sold or bought

00:07 with Atty. Amanda Nograles, Consumer Protection Group Assistant Secretary

00:12 of the Department of Trade and Industry.

00:15 Asek Nograles, good afternoon.

00:17 Hello, good afternoon. How are you?

00:22 I'm good, Asek. Thank you for your latest introduction to our program.

00:27 Asek, to better understand what mystery items or parcels are being sold in the market,

00:35 and where do these parcels come from?

00:38 Okay, the mystery parcels that are in the market are called mystery parcels

00:45 because they are sealed parcels, either back-to-back boxes or small items

00:51 that cover the names of the supposed recipient or supposed buyer of these items.

00:58 So you can see in the picture, they are being packaged and sold.

01:02 That's why it's a mystery because we don't know what's inside the parcels.

01:06 Then, they are bought for a certain price.

01:09 When they are opened, they might be of high value items.

01:14 Sometimes, it's a watch, camera, or what.

01:17 Then, it's cheap to buy.

01:18 That's why it's a hit in our market.

01:22 So the second question is, where do these parcels come from?

01:25 First of all, there are parcels in the Bureau of Customs that have been in their storage for a long time.

01:33 If the boxes are in the Customs for more than one year and they are not claimed or taxed,

01:43 they can be auctioned, meaning there will be a valid auction sale.

01:48 Then, the buyers of these items are collected and sold to the wholesalers.

01:57 The others, this is what we need to watch out for.

02:01 Some of them enter warehouses where the sellers are stealing the warehouses.

02:07 Then, they sell the items stolen from the wholesalers.

02:12 Anyway, there are no names or labels.

02:14 They are just stealing.

02:16 So, that's what we see.

02:18 Those mystery parcels that are in the market are what we are looking for.

02:23 Alright.

02:24 I thought it would be very exciting when you buy.

02:27 For kids, it's a trend now.

02:31 But for adults, the feeling of excitement, what's inside it,

02:35 it's like you won a prize or a prize.

02:39 For example, you bought a mystery parcel for Php 50.

02:43 I saw it on the benches.

02:45 It's Php 50 and you're selling it.

02:47 Then, what if it's a camera?

02:50 A cellphone.

02:50 That's right.

02:51 That's right.

02:52 It's a trend now.

02:55 ASIC is very popular in online shopping.

02:57 Yes.

02:57 These mystery parcels.

03:00 What we want to know is,

03:03 is there a law that covers these mystery parcels?

03:10 The question that many people ask is,

03:11 do the sellers and buyers have a liability with the law?

03:17 Yes.

03:17 Thank you for the question.

03:19 So, the first question,

03:22 if there is a law that is applicable here,

03:25 what comes out,

03:26 there are two types.

03:29 First, the parcels that were bought in a valid auction sale of customs.

03:35 There is no problem with that.

03:37 We don't have a law that violates that.

03:39 Because if it was bought in a valid auction sale,

03:42 I, the owner of these parcels,

03:45 of these boxes,

03:46 I am free to sell it to a third party or anyone else.

03:51 Because I am really the owner of this parcel.

03:54 Now, the second issue that we discussed,

03:58 the parcels that were stolen,

04:00 the items that were pilfered from storage facilities or even from customs,

04:05 if someone is stealing there,

04:07 the boxes that are being opened,

04:09 then the item is stolen and sold.

04:11 That is what we have an applicable law,

04:13 this anti-fencing law,

04:15 that our consumers need to be careful about.

04:18 That is why our warning to DTI,

04:22 first of all, if we are going to buy these mystery parcels,

04:25 we need to make sure,

04:27 number one, where did these mystery parcels come from.

04:31 If it came from the Bureau of Customs,

04:33 the items that were pilfered,

04:35 then the seller bought those items,

04:39 we will get evidence

04:40 if it really came from the Bureau of Customs,

04:43 then there is no problem.

04:45 But if it is a stolen item,

04:46 then we will buy a stolen item,

04:49 even the buyer of the stolen item

04:51 will be liable,

04:52 he can be charged under the anti-fencing law.

04:56 Another issue here, sir,

04:58 is that the parcels have personal information

05:02 of the recipient of the parcel.

05:05 Then what becomes practice,

05:07 they just cover it with a black mark

05:09 or put tape to cover the name.

05:12 So we have a data privacy issue there

05:15 because there is an address,

05:16 there is a name of the person

05:18 who should be delivering the item.

05:20 So that can be a violation

05:22 of whoever is handling or processing

05:25 that personal information.

05:27 So we at DTI,

05:29 that's a problem that we are doing a way

05:33 on how we can protect consumers

05:36 in this practice,

05:37 especially in selling stolen items.

05:40 Yusek, what Nina and Yusek Edo are saying,

05:46 that online shopping is also seen here,

05:49 do you have coordination

05:51 with online shopping platforms

05:53 about this issue?

05:55 And what is their position on this?

05:58 Okay, we at DTI,

06:01 we are continuously monitoring

06:05 online shops,

06:06 not just for the mystery parcels,

06:08 but for all the laws

06:10 that DTI is implementing,

06:12 we are doing online monitoring

06:14 of compliance.

06:15 So now, on the issue of mystery box,

06:18 mystery parcel,

06:19 when DTI sees that an online shop

06:22 is selling that,

06:23 we can get evidence

06:26 or proof from the seller

06:28 where he got the items

06:30 that he is selling in the online shop.

06:32 The seller needs to prove

06:35 that he got these items

06:37 through a legal way.

06:39 So either through the Bureau of Customs,

06:41 through the valid auction sale,

06:43 or whether these items

06:45 were abandoned

06:46 by the real owner of these items,

06:49 whether he is a buyer

06:50 who did not claim the item

06:51 and abandoned it.

06:53 So the online seller

06:55 needs to be able to give evidence.

06:57 Now, if not,

06:58 we can have it taken down

07:00 on the platform.

07:02 We have a good relationship

07:03 with most online shopping platforms.

07:06 And when DTI requests,

07:09 we can talk about

07:11 taking down these sellers

07:13 and not being able to victimize

07:15 our consumers.

07:17 Right.

07:19 Atty., we know

07:20 that these undelivered parcels

07:23 are sometimes smuggled.

07:27 It's a regulation of the Bureau of Customs.

07:30 But in your Department of Trade and Industry,

07:33 what steps have you taken

07:36 to address this system

07:37 of undelivered parcels?

07:39 Okay.

07:41 We already mentioned

07:43 the side of our buyers

07:45 who buy mystery parcels.

07:47 At DTI, we also look

07:50 at who the real owner

07:52 of these mystery parcels is.

07:54 Because some of them

07:56 are also victims

07:57 who were sent by their relatives

08:01 to the OFW abroad.

08:03 There is a recipient

08:04 and there is an owner

08:05 who is waiting for these parcels

08:08 here in the Philippines,

08:09 especially when their relatives

08:10 are having a hard time.

08:12 So at DTI, we also monitor

08:14 if those parcels

08:17 have become mystery parcels

08:19 because they were not paid taxes.

08:21 Why were they not paid taxes?

08:23 Because the freight forwarder

08:25 or the consignor abroad

08:26 did not pay taxes.

08:28 So at DTI, we ensure

08:31 that the freight forwarders,

08:33 especially our accredited ones,

08:35 who are contracting

08:37 to our consumers

08:38 to push the parcels

08:40 from abroad to Manila,

08:42 they should be able to reach

08:43 their recipient.

08:44 So that's why we have a rule

08:46 for our consumers

08:47 that when they send

08:49 a return box,

08:50 they should only contact

08:51 the accredited freight forwarders

08:54 of DTI.

08:55 DTI is on their website

08:57 so that their parcels

08:59 will not fall into the mystery parcels

09:01 that are sold by third parties

09:03 that are funded by the Bureau of Customs.

09:06 Second, if we lose a parcel

09:09 that has been missing for a year

09:11 and has not yet reached us,

09:13 they can report it to us at DTI,

09:16 more often than not,

09:17 and that's in the Bureau of Customs.

09:19 If it has not been submitted,

09:21 there are unpaid taxes

09:23 or unpaid storage fees.

09:24 So we need to call

09:26 whoever the freight forwarder

09:28 who is contracted is.

09:29 They should settle that

09:30 because most probably

09:32 the sender paid for it

09:34 or it was settled at some point

09:36 by the recipient here in the Philippines.

09:39 Ma'am, have you caught any

09:43 about these mystery parcels

09:46 whether the online sellers

09:48 or those who sell on the streets,

09:50 the so-called "baratilio"

09:52 and even the buyers themselves

09:55 because they are equally guilty as well.

10:00 Yes. So the DTI catchers

10:03 are first and foremost

10:04 the freight forwarders

10:05 who are contracting to our OFWs

10:09 who bring back-to-home boxes here

10:11 and have not yet reached

10:13 our countrymen here in the Philippines.

10:16 So if that's the case,

10:17 they can impose a fine

10:20 of DTI, P50,000 to P100,000.

10:23 They can suspend

10:25 their accreditation of DTI.

10:28 They can cancel their accreditation.

10:30 They can issue a cease and desist.

10:33 So those are our freight forwarders.

10:36 On the part of the online sellers

10:39 who sell

10:41 there is no evidence

10:43 that their items are validly acquired.

10:45 This means that they were not proven

10:48 that they really own

10:49 or authorized to sell the items.

10:52 We have their pages taken down.

10:54 We coordinate with the online platforms.

10:58 Then they issue a show-cause order

11:01 or a notice of violation

11:04 because these items need to be removed from the market.

11:07 Third, the stolen items that are being sold

11:12 that can be considered as a violation of anti-fencing

11:16 can be reported to us, to DTI.

11:19 We will coordinate with the proper agency or office

11:23 to file a case against those who sell stolen items

11:27 because in DTI, we have a no-wrong-door policy.

11:32 All right.

11:34 Ma'am, just for the information of our countrymen,

11:36 do we have a regulation on undelivered or abandoned items

11:41 from online shopping platforms?

11:44 Is there a validity period before a parcel is considered abandoned?

11:49 Is there a window period before they are considered abandoned?

11:54 Okay, for online shopping,

11:57 if the parcel is not delivered,

12:01 our general rule is that there is an obligation.

12:03 The buyer can still receive it

12:05 if the item is already paid for and the seller is not yet delivering the item.

12:10 The seller's obligation is not yet fulfilled with respect to the buyer.

12:16 So, the buyer can still ask for the item to be delivered.

12:21 If it is not delivered,

12:23 then that is a violation of the Consumer Act.

12:26 You can complain to DTI.

12:28 There is a deceptive sale there

12:29 because the seller said that he will deliver the item to you

12:33 but he did not deliver it to you.

12:34 Then, the seller will still answer that the buyer's order will still arrive.

12:40 Now, if the buyer is at fault,

12:43 that's why he did not receive the item,

12:45 the seller can say that the buyer is at fault

12:49 because he is willing to deliver the item

12:51 but the buyer is not available at home.

12:56 So, that can be resolved at the level of mediation here at DTI.

13:01 When we meet the seller and buyer, we can talk about why that happened.

13:06 But as far as we're concerned,

13:08 if the seller is at fault and he agreed to deliver the item to the buyer

13:15 but he did not deliver it,

13:16 the seller still has an obligation even if he said that the item is gone

13:20 or he sold it to someone else.

13:22 As long as the buyer's obligation is not delivered,

13:26 we can still ask for it.

13:29 Alright, as our last question,

13:32 please send a message to all consumers who are watching us now.

13:38 There are a lot of mystery parcels and mystery boxes in the market.

13:45 So, we emphasize at DTI that we should be able to judge and choose.

13:51 First of all, there is no problem if the mystery parcels or mystery boxes are not stolen.

13:58 But if this item is stolen,

14:00 we can be charged under anti-fencing.

14:04 So, our advice is to check with the seller.

14:09 We know how a mystery parcel is made.

14:13 There are cases like that.

14:15 The public already knows that.

14:16 As a buyer, we should know from the seller where the item we're buying came from.

14:23 We should ask for evidence or document

14:25 if it was taken from the Bureau of Customs in an auction sale.

14:29 We should check to be safe as a buyer from the anti-fencing law.

14:36 Third, that is also a warning because we don't know the contents of a mystery parcel.

14:41 The items might not be safe.

14:44 The items might be hazardous.

14:46 So, our consumers should be careful.

14:49 If in any event, we already have something like that and there is a complaint,

14:53 we can also report it to DTI.

14:56 We can email consumercare@dti.gov.ph.

15:02 Alright. Thank you very much for your time,

15:05 Atty. Amanda Nograles,

15:07 Consumer Protection Group Assistant Secretary of the Department of Trade and Industry.

15:12 Thank you.

Category

Transcript

Recommended