This article is for general information in the Philippine context and is not a substitute for legal advice.

1) Why “fiber” labeling matters

“Fiber” generally refers to fiber-optic connectivity to your premises (often called FTTH/FTTP). Some providers, however, advertise “fiber” but deliver:

HFC / cable (coaxial last-mile),
VDSL/ADSL (copper last-mile),
Fixed wireless (radio last-mile), or
Hybrid setups where only the backbone is fiber.

If the marketing or the contract represented a fiber last-mile to your home and you later discover the line is copper/wireless, that can amount to deceptive or misleading sales practice. You may seek a refund, price reduction, repair/upgrade at no extra cost, or cancellation.

2) Legal foundations (Philippine law)

Consumer Act of the Philippines (RA 7394)
- Prohibits false, deceptive, or misleading sales acts or practices in connection with consumer transactions (e.g., incorrect statements about the nature, characteristics, or quality of a service).
- Empowers consumers to pursue refunds, replacements, or other appropriate remedies via administrative complaints and civil actions.
Civil Code
- Fraud (dolo) and misrepresentation in obtaining consent (e.g., claiming a service is fiber when it is not) may justify rescission (cancellation) and damages.
- Breach of contract if the performance delivered is materially different from what was promised.
Sector regulation (NTC)
- The National Telecommunications Commission regulates ISPs and telcos. It can investigate service quality, advertising claims, and order corrective action (including refunds/credits) in appropriate cases.
Trade regulation (DTI)
- The Department of Trade and Industry enforces consumer protection rules against deceptive advertisements and unfair trade practices and handles mediation/conciliation for consumer disputes.

In practice: DTI focuses on deceptive selling/refund disputes; NTC focuses on telco/ISP service delivery standards and compliance. It’s common to involve both, depending on the facts.

3) What counts as misrepresentation in the “fiber” context?

Express mislabeling: The sales agent or ad states “fiber to your home” or “pure fiber” but your installed line is HFC, VDSL, or fixed wireless.
Material omission: Failing to disclose that “fiber” refers only to the backbone while the last-mile is copper/wireless.
Bait-and-switch: Sales uses a fiber plan SKU to close the sale, but installation yields a non-fiber line without your informed consent.
Contractual inconsistency: The Service Agreement or Order Form specifies fiber/FTTH but the Work Order/Installation Report indicates otherwise.

Note: “Up to” speed disclaimers and Fair Use Policies (FUP) do not excuse technology misrepresentation. Speed variability is different from incorrect last-mile technology.

4) Evidence: what you should gather

Create a tidy evidence folder. Aim for clear, dated documentation:

Sales materials: Screenshots of ads, SMS, social posts, plan pages; brochures; agent messages; call/chat transcripts; the name/ID of the sales agent.
Contract set: Application form, plan confirmation, Service Agreement, installation job order, post-installation report, welcome email/SMS.
Technical proof:
- Photographs of the CPE (ONT vs cable modem vs wireless CPE/router).
- Photo of the drop wire entering your premises (flat fiber vs coax vs twisted pair).
- Account portal screenshots showing technology type (if available).
Performance logs (secondary support): Wired-ethernet speed tests (baseline 3 times/day for 7 days), latency/jitter logs, outage timestamps.
Billing: Statements showing plan name/price and dates charged.
Communications: All emails, ticket numbers, and replies when you complained.

5) Quick self-check: is it really FTTH?

ONT present? FTTH installs typically include an Optical Network Terminal (ONT); HFC uses a cable modem; VDSL often uses a DSL modem; fixed wireless has an outdoor radio/CPE.
Connector type: Fiber drops use tiny SC/APC green connectors; coax uses thick threaded F-type connectors; DSL uses RJ11 on copper pair.
Install report: Look for “FTTH/FTTP,” “GPON/XGS-PON,” or “fiber drop” on the job order.

6) Remedy roadmap (overview)

Write a formal demand to the ISP (rescission/refund or downgrade + refund of overcharges).
If unresolved in 7–10 business days, escalate:
- DTI (deceptive/misleading practice; refund/price adjustment).
- NTC (misleading telecom representation; service non-compliance).
If still unresolved: Small Claims (for monetary refund/credits within the rules’ cap) or a regular civil action (rescission and damages).
Consider baranggay conciliation if applicable (for purely civil disputes between residents in the same city/municipality, excluding matters under agency jurisdiction).

7) Calculating a fair refund

Depending on the facts, you can justify one or more of the following:

Full rescission: Return of installation fees, deposits, and all monthly fees from the date of misrepresentation (often the start date) minus the fair value of any service actually used only if you knowingly accepted that non-fiber service (many consumers did not).
Price-difference refund: If you would have chosen a cheaper non-fiber plan, claim the difference in monthly price × number of months billed.
Service credits: For downtime/defects while the provider attempts to cure.
Incidental damages: Reasonable costs (e.g., extra mobile data purchased due to shortfalls).
Statutory/administrative remedies: As may be ordered in a DTI/NTC disposition.

Example (illustrative only): You paid ₱1,799/month for “Fiber 200 Mbps” but got HFC worth ₱1,299/month. Over 8 months, price-difference = ₱500 × 8 = ₱4,000; add install fee and any downtime credits.

8) Step-by-step: How to demand a refund

Step 1 — Assemble your file

Bundle the evidence (Section 4) into a single PDF plus a photos folder. Use clear filenames and dates.

Step 2 — Send a Formal Demand Letter to the ISP

Deliver via email and physical mail to the provider’s Customer Care / Legal address (check your contract). Ask for:

(a) Confirmation of last-mile technology delivered,
(b) Refund and/or plan correction (or contract rescission),
(c) Implementation timeline (7–10 business days), and
(d) Preservation of all call/chat recordings under your account.

A template is provided in Section 12.

Step 3 — Follow up and log responses

Record ticket numbers, reply dates, and any promises (take screenshots).

Step 4 — Escalate to DTI and/or NTC

If the provider ignores or denies your demand without curing the misrepresentation:

File with DTI for deceptive/misleading sales practice and a refund/price adjustment.
File with NTC for telecommunications service misrepresentation and relief (refund/credit/plan correction and compliance).

Prepare succinct Complaints stating facts, legal basis, evidence list, and specific prayers for relief.

Step 5 — Consider Small Claims or civil suit

If administrative relief stalls or the monetary relief is straightforward (refund/credits), file a Small Claims case in the first-level court where you or the ISP is located (subject to the current claim-amount cap under the Supreme Court’s Small Claims Rules). For rescission or damages beyond small-claims coverage, consult counsel for an ordinary civil action.

Timing: File promptly. Certain consumer actions can be subject to short prescriptive periods (as short as two years from discovery). Do not delay.

9) What to file with DTI and NTC

Core packet (both agencies):

Complaint letter/affidavit (chronology, misrepresentation, relief sought)
Your IDs and proof of address
Contract set and installation paperwork
Sales materials and agent communications
Photos of equipment and drop wire
Speed-test and incident logs (optional but helpful)
Billing statements and computation of refund/credits
Copy of your Formal Demand Letter and proof of sending

Relief to ask for:

Finding of deceptive or misleading act
Refund/credit of overpayments and fees
Rescission without penalty (if desired)
Correction of plan label and advertising (prospective relief)
Administrative fines/sanctions as the agency deems proper

10) Common ISP defenses—and how to respond

“Fiber refers to the backbone, not your last-mile.”
- Rebuttal: Marketing and agent statements reasonably led you to believe fiber to the home. The last-mile determines service characteristics and value; omission is material.
“Contract has an ‘up to’ speed disclaimer.”
- Rebuttal: The issue isn’t speed variance; it’s technology misrepresentation. “Up to” doesn’t legalize labeling non-fiber as “fiber.”
“Customer consented during installation.”
- Rebuttal: Consent must be informed. If the installer never disclosed the non-fiber last-mile, or you were told it’s fiber, consent is vitiated by misrepresentation.
“Service worked anyway.”
- Rebuttal: You paid fiber pricing based on fiber representation. You’re entitled to the benefit of your bargain or a refund of the difference.
“We already gave goodwill credits.”
- Rebuttal: Goodwill credits don’t cure initial deception or fully compensate the price differential and fees.

11) Practical tips that strengthen your case

Be precise: Use dates, plan names/SKUs, ticket numbers.
Wired testing: Do speed tests over ethernet with Wi-Fi off to avoid blame-shifting.
No equipment tampering: Keep the setup exactly as installed; take photos before changes.
Keep your tone professional: Agencies and courts respond better to clear, factual presentations.
Back up everything: Save to cloud + USB.
Request data retention: Ask the ISP to preserve call/chat recordings and network logs.

12) Template: Formal Demand Letter (copy-paste and customize)

[Your Name] [Address] • [Email] • [Mobile] Date: [Month Day, Year]

Customer Care / Legal Department [ISP Corporate Name] [ISP Address or Email]

Subject: Demand for Refund and Correction — Misrepresentation of “Fiber” Internet Service (Acct. No. [____])

I subscribed to [Plan Name / SKU], advertised and represented to me as fiber-to-the-home (FTTH), on [application date]. Installation occurred on [date] at [address].

After installation, I discovered the last-mile connection is [HFC / VDSL / fixed wireless], not fiber to my premises. Attached are: (a) sales materials and agent communications explicitly representing fiber to my home; (b) the contract and job order; (c) photos of the installed [modem/CPE] and [drop wire]; and (d) billing statements.

The mislabeling constitutes a deceptive or misleading sales practice under the Consumer Act of the Philippines and a material misrepresentation under the Civil Code. I relied on your fiber representation in choosing this plan and paying ₱[amount] per month.

Demands:

Refund/credit of ₱[sum], consisting of [installation fee], [monthly overcharges], and [other items]; or, alternatively, rescission with full refund.

Correction of my plan/records to reflect the actual technology, and cessation of “fiber” labeling for non-fiber last-mile in my case.

Written confirmation within ten (10) business days of receipt.

If unresolved, I will pursue remedies with the DTI and NTC, and seek judicial relief as necessary. Please preserve all call/chat recordings and records related to my account.

Sincerely, [Your Name] Attachments: Evidence list (A–H)

13) Template: DTI/NTC Complaint Core Allegations

Complainant: [Your Name, address, contact] Respondent: [ISP Corporate Name, address] Facts: Chronology of the sale, representations, installation, discovery that last-mile is non-fiber, attempts to resolve. Legal Basis: Deceptive/misleading practice under the Consumer Act; misrepresentation under the Civil Code; sector rules on truthful advertising and service labeling. Relief Sought: Refund/credits, rescission without penalty, correction of plan/records, prospective compliance, administrative sanctions as appropriate. Annexes: Label and enumerate (A–H) all exhibits (ads, contracts, photos, logs, bills, demand, proof of service).

14) Frequently asked questions

Q: The ad said “fiber-powered.” Is that enough to claim? A: Yes, if a reasonable consumer would understand it to mean fiber to the home and you were not told the last-mile is copper or wireless. Ambiguous phrasing favors the consumer where it is materially misleading.

Q: I signed a contract with an “up to” speed clause. A: Speed disclaimers are different from technology mislabeling. You can still claim misrepresentation if the last-mile is not fiber as represented.

Q: Will I pay early termination fees if I cancel? A: Not if you cancel for cause based on misrepresentation. Your position is that the contract is voidable/rescissible; penalties should not apply.

Q: Can I keep the modem/ONT? A: Typically, provider-owned devices must be returned upon cancellation. Ask for a grace period and written clearance after return.

Q: How long will an agency case take? A: Timelines vary. Thorough documentation and clear computations often lead to faster mediation or a favorable directive.

15) Clean checklist (printable)

Screenshots of ads/agent claims saying fiber
Contract, plan confirmation, job order/installation report
Photos: ONT/modem/CPE and drop wire
Speed tests (wired), logs of outages
Bills + refund computation worksheet
Formal Demand sent (with proof)
DTI complaint packet prepared
NTC complaint packet prepared
Small Claims option assessed (if needed)

16) Bottom line

If you were sold “fiber” but received a different last-mile technology, you have solid footing under consumer protection and contract principles in the Philippines to demand a refund, correction, or rescission. Success turns on clear documentation, a firm but professional demand, and, when needed, escalation to DTI and NTC.