How to File a Consumer Complaint Against a Business in the Philippines (DTI, SEC, FDA)

Updated for Philippine practice. This is general information, not legal advice.

1) The Big Picture

Philippine consumer protection is shared across several regulators. Your choice of forum depends on what happened and who the respondent is:

Department of Trade and Industry (DTI) — defective or unsafe goods, deceptive sales practices, unfair e-commerce conduct, false or misleading advertisements, warranty issues, price tag/labeling violations. Core law: Consumer Act of the Philippines (R.A. 7394) and related issuances.
Securities and Exchange Commission (SEC) — complaints involving securities and investments: unregistered investment offers, boiler rooms, Ponzi/pyramids, misrepresentations by brokers, corporate violations affecting investors. Core laws: Securities Regulation Code (R.A. 8799) and the Revised Corporation Code (R.A. 11232).
Food and Drug Administration (FDA) — health products: food, drugs, cosmetics, medical devices, vaccines, household/urban hazardous substances, and related establishments (manufacturers, distributors, pharmacies). Core law: Food and Drug Administration Act (R.A. 9711) and special product standards.

If your issue mixes categories (e.g., a “slimming pill” sold via an online marketplace), you may file in parallel: DTI for deceptive sales/online merchant conduct and FDA for product safety/registration.

2) Core Legal Foundations (Why Your Complaint Matters)

R.A. 7394 (Consumer Act)
- Right to safety, information, choose, and redress
- Prohibits unfair or deceptive sales acts, mislabeling, false advertising
- Imposes product standards and warranty rules (express and implied)
R.A. 8799 (Securities Regulation Code)
- Requires registration of securities/public offerings
- Polices fraud, insider trading, market manipulation
- Grants SEC investigative and cease-and-desist powers
R.A. 9711 (FDA Act)
- Requires market authorization: LTO (establishment), CPR (product)
- Allows suspension/closure, product recall, and administrative fines
R.A. 8792 (E-Commerce Act) + Rules on Electronic Evidence (A.M. No. 01-7-01-SC)
- Recognize electronic documents and digital signatures; screenshots and transaction emails can be admissible evidence.

3) Jurisdiction Cheat Sheet

Scenario	Proper Forum
Fake “50% OFF” ad; price tag mismatch; defective appliance; no after-sales support	DTI (unfair/deceptive act; warranty)
Online seller refuses refund for undelivered item; marketplace failing to act on a verified scam vendor	DTI (e-commerce consumer protection)
Unregistered investment or “guaranteed 10% weekly” crypto scheme	SEC (unregistered securities; fraud)
Company officer misusing investor funds	SEC (enforcement; also possible corporate remedies)
Skin-whitening cream with no FDA registration; adverse reaction to a drug	FDA (product registration/safety; pharmacovigilance)
Pharmacy selling expired meds; restaurant food poisoning	FDA (establishment/product violations)

Money recovery (damages/refund) can come via regulator-facilitated settlement. If unresolved, you may still sue in civil court (e.g., for rescission, damages) and/or pursue criminal complaints where applicable.

4) Evidence You Should Gather (Regardless of Forum)

Identity of seller/entity: business name, DTI/SEC registration (if any), address, contact numbers, website/storefront links.
Transaction proof: receipts, invoices, order numbers, delivery waybills, chat/email/SMS logs, call recordings (if lawfully made), screenshots.
The product/service: photos/videos of defects, serial numbers, packaging, labels, user manuals, warranty cards.
Harm suffered: medical records, expense receipts, credit card statements, timeline of events, names of witnesses.
Your demands and attempts to resolve: demand letters, emails to seller, marketplace tickets, and responses.

Tip: Keep originals safe; submit clear copies. For digital evidence, export with metadata where possible.

5) Standard Complaint Flow (All Agencies)

Initial assessment: confirm the right forum (DTI/SEC/FDA).
Attempt direct resolution (optional but often helpful): brief email/message demanding a concrete remedy and a reasonable deadline.
Prepare and file a written complaint: identify the parties, facts (chronological), violations of law, remedy sought (refund, repair/replace, stop-sale, recall, penalties).
Mediation/conciliation (common at DTI; sometimes at SEC): parties try to settle.
Investigation/adjudication: regulator evaluates evidence, may subpoena records, conduct inspections, or issue orders.
Resolution: settlement agreement, administrative order (penalties, directives), referral to prosecution, product recall, or case dismissal.
Appeals: administrative appeal to the agency’s next level, then judicial review (typically to the Court of Appeals via Rule 43).

6) Filing with the DTI (Consumer Act Cases)

Common Respondents: Retailers, distributors, manufacturers, online merchants/marketplaces.

Where to File:

The DTI Provincial/Regional Office where the transaction occurred or where the respondent/complainant resides. For online purchases, venue is flexible; you may file in your region.

What to Include:

Complainant and respondent details
Facts (dates, places, amounts) and applicable Consumer Act violations (e.g., unfair/deceptive act, warranty breach, price tag law, mislabeling)
Reliefs sought (refund, replacement/repair, damages, administrative penalties)

Process Highlights:

Screening & docketing → Mediation/conciliation (quick attempt to settle)
If unresolved → Adjudication: parties submit position papers; hearings may be set.
Outcomes: settlement; order for refund/repair/replacement; fines; directive to correct ads/labels; referral for criminal action for serious violations.
Appeals: from adjudication officer to the DTI Secretary (or designated official), then Court of Appeals via Rule 43.

Practical Tips:

For appliances/electronics, ask for warranty enforcement (often 7-day replacement/repair periods under store policies; statutory implied warranties apply even beyond store policies).
For marketplaces, name both the seller and platform if the platform had notice and failed to act with due care.

7) Filing with the SEC (Investment & Corporate Misconduct)

Common Respondents: Individuals/entities offering unregistered investments, rogue brokers/agents, corporations violating securities/corporate laws.

Where to File:

The SEC’s Enforcement or Investor Protection office (exact unit names evolve); complaints may be filed physically or through designated online channels.
You can also file with the appropriate SEC Department (e.g., Markets and Securities Regulation, Corporate Governance) depending on the violation.

What to Include:

Identities of promoters/company (names, pages, bank/crypto wallets)
Marketing materials, pitch decks, chats, recorded webinars, social media posts
Proof of transfer of funds (deposit slips, wallet hashes), promised returns, and misrepresentations
Investor list and amounts when available

Process Highlights:

Preliminary assessment → Fact-finding (requests for records, inter-agency coordination)
Possible Advisory or Warning issuance to the public
Cease and Desist Order (CDO) for ongoing illegal offering, asset freezes via coordination, and administrative fines
Criminal referral to DOJ/NBI/PNP for prosecution under the SRC and related laws
Corporate remedies: revocation of registration/Licenses for non-compliant corporations or intermediaries
Appeals: to the Commission en banc, then Court of Appeals via Rule 43.

Practical Tips:

Preserve money flow trails (bank, e-wallet, crypto transaction IDs).
Capture time-stamped screenshots of offers promising fixed returns, “guaranteed income,” or referral bonuses.
If you joined a scheme, act quickly to improve chances for asset preservation/freezes.

8) Filing with the FDA (Health Products & Establishments)

Common Respondents: Manufacturers, importers, distributors, retailers, pharmacies, clinics, device suppliers, cosmetic brands, food establishments tied to pre-packaged products.

Key Violations:

No LTO (License to Operate) or CPR (Certificate of Product Registration/Notification)
Adulterated/misbranded products; expired items; unauthorized therapeutic claims
Adverse events from drugs/biologics/vaccines; device malfunctions leading to harm
Non-compliant labeling and unapproved ingredients

Where to File:

FDA Central Office or regional/field offices; complaints may also be lodged via FDA’s public assistance channels or product-specific reporting systems (e.g., pharmacovigilance for drugs, food safety for food).

What to Include:

Product name, lot/batch number, dates of purchase/use, photos of packaging/labels
Proof of harm (medical notes, lab results), storage conditions if relevant
Seller/manufacturer details and where purchased (physical store, online)
For adverse reactions: patient details (as allowed), date/time relation, outcome, and concomitant products

Process Highlights:

Evaluation & surveillance (market checks, sampling/testing)
Orders: product recall/hold, stop-sale, closure/suspension, fines
Technical assessments by the appropriate FDA Centers (CFRR, CDRR, CCHUHSRR, CDRRHR)
Appeals: to the FDA Director General (as provided in rules), then to the DOH, and judicial review thereafter.

Practical Tips:

Keep at least one unopened unit for testing when safe to do so.
Do not continue using suspect health products; seek medical advice for adverse effects.
Report both the seller and the product—FDA needs the product data; DTI can address the merchant’s sales practices.

9) Remedies You Can Ask For

DTI: refund, repair, replacement; cease misleading ads; labeling corrections; administrative fines and sanctions.
SEC: cease and desist; administrative penalties; revocation; referral for criminal cases; potential asset freezes (via coordination). (Direct restitution is usually via settlement or separate civil action.)
FDA: recall/stop-sale; destruction/quarantine; suspension/closure; administrative fines; corrective labeling. (Compensation for injury typically requires settlement or a civil suit.)

10) Costs, Timelines, and Outcomes (What to Expect)

Filing fees: Many frontline complaints are free or low-fee; adjudication may involve modest docket fees.
Timelines: Mediation can be relatively quick; full adjudication/investigation may take weeks to months, depending on complexity, cooperation, and lab testing (FDA).
Settlements: Regulators often encourage amicable settlements—faster refunds/replacements for consumers; compliance commitments by businesses.
Non-appearance/Non-compliance: May lead to ex parte action, default findings, heightened penalties, or referrals.

11) When to Consider Court or Other Forums

Civil action (e.g., rescission, damages for breach/contract/tort) when you need money recovery beyond administrative orders or settlement.
Criminal complaints for fraud, falsification, or willful health/safety violations.
Other regulators:
- BSP/Financial Consumer Protection Act (R.A. 11765) — banks, e-money, lending/fintech.
- Insurance Commission — insurance/HMOs/pre-need.
- National Privacy Commission — data/privacy breaches.
- LTFRB/Marina/CAAP, DOE/ERC, NTC, DA/BAI/BFAR, HLURB/HSAC, etc., for sector-specific issues.

12) Common Pitfalls (and How to Avoid Them)

Vague facts → Provide a dated chronology and identify specific misrepresentations or defects.
Missing defendant details → Pull names/addresses from receipts, website T&Cs, marketplace profiles, SEC/DTI registrations.
Unsubstantiated damage claims → Attach proof of loss (receipts, medical bills, expert notes).
Only screenshots without context → Export full threads (with headers/URLs) and keep device metadata.
Letting evidence spoil → Store products properly; avoid tampering with seals when a lab test may be needed (FDA).

13) Template: Consumer Complaint (You Can Reuse This)

Re: Administrative Complaint under [R.A. 7394 / R.A. 8799 / R.A. 9711]

Complainant: Name: Address / Email / Mobile:
Respondent: Business/Entity Name: Business Address: Contact Details (if known):
Facts:
- Date and place/website of transaction:
- Product/service/investment description:
- Price/amount invested:
- What was promised/advertised:
- What actually happened (chronological narrative with dates):
- Attempts to resolve (who/when/what):
Legal Grounds:
- (Example) Unfair or Deceptive Sales Act under R.A. 7394 §52 (misrepresentation in advertising).
- (Example) Unregistered securities offering under R.A. 8799 (no registration statement; fraudulent scheme).
- (Example) Marketing of unregistered drug/cosmetic contrary to R.A. 9711 and FDA rules.
Reliefs Sought:
- Refund of ₱_____ / Replacement / Repair
- Cessation of unlawful acts; corrective advertisement/labeling
- Administrative fines and appropriate sanctions
- Other just and equitable reliefs
Annexes: A — Receipt/Invoice; B — Screenshots/Chats; C — Photos/Videos; D — Medical Records; E — Demand Letter; F — IDs

Verification & Attestation I attest that the facts stated are true and correct of my own personal knowledge and/or based on authentic records. (Signature above printed name; date)

14) Practical Strategy (Maximize Your Chances)

File promptly. Fresh facts, accessible witnesses, and active phone numbers speed things up.
Be precise. Cite specific statutes/rules that fit your facts (see Sections above).
Aim for settlement but prepare for escalation. Have a bottom-line demand (e.g., full refund), and a plan B (civil suit, criminal complaint).
Protect your identity/safety when reporting fraudulent schemes—use secure channels and keep sensitive data discreet.
Coordinate complaints: If your case spans sales misconduct and product safety, inform both DTI and FDA and cross-reference your case numbers.

15) Quick References (for your drafting)

Consumer Act (R.A. 7394) — product quality/safety, warranties, deceptive sales, labeling/advertising.
Securities Regulation Code (R.A. 8799) — registration of securities, antifraud, enforcement powers.
FDA Act (R.A. 9711) — licensing/registration, recalls, market surveillance, penalties.
E-Commerce Act (R.A. 8792) & Rules on Electronic Evidence — admissibility of digital proof.
Rule 43, Rules of Court — judicial review of administrative decisions.

Final Notes

If you need urgent medical or safety help, prioritize that first and keep the packaging/product for later testing.
Administrative proceedings focus on compliance and public protection. For compensation, settlements are fastest; otherwise consider a civil action alongside your regulatory complaint.
Keep copies of everything and track your case number(s) once filed.

If you’d like, I can turn your facts into a ready-to-file complaint using the template above.