Zamora: Support for Lemon Law growing

Measure requires the manufacturers of the vehicles to fix the problems, or defects that were originally covered under the manufacturer’s warranty and were reported by the owner within the so-called Lemon Law rights period or certain mileage

REP. Maria Carmen S. Zamora yesterday expressed elation over the growing support to her long-time advocacy for the passage of the proposed Lemon Law to protect the average of 100,000 car buyers in the country each year from defective vehicles.

Zamora has re-filed the measure under House Bill 244, of which the original bill was authored by her father, former representative Manuel “Way Kurat” Zamora, during the 13th and 14th Congress, and by herself during the 15th Congress.

During the 13th Congress, the bill was approved by both chambers on third reading but the House, due to time constraints, failed to ratify the Senate-ratified measure. During the 14th and 15th Congresses, the House approved the bill on final reading but, this time the Senate failed to approve a parallel measure, she recalled.

“This re-filed version (HB 244) is the same version adopted by the members of the bicameral conference committee during the 13th Congress which incorporates and represents the various proposals of the stakeholders of the car manufacturing industry, consumer protection organizations, the concerned agencies of government and individual consumers,” Zamora pointed out.

In the United States, Zamora said that the so-called Lemon Laws of the various states were enacted for the “express purpose of protecting consumers from buying new, but faulty, motor vehicles.”

She said these laws seek to ensure that the manufacturers of the vehicles fixes the problems or defects that were originally covered under the manufacturer’s warranty and were reported by the owner within the socalled Lemon Law rights period or certain mileage as reflected by the odometer of the vehicle.

“In extreme cases where the factory defects of the car are extensive, the laws also warrant the refund of the consumer’s money, or the delivery of a new car replacing the lemon vehicle,” Zamora said.

Out of the average 100,000 units of new vehicles sold per year, about 100 are later reported to be suffering from factory defects. Complaints received by the Department of Trade are generally resolved through mediation because of the absence of a legislative mechanism wherein remedies are available for the aggrieved consumer and for the manufacturer or vehicle dealer, she explained.

“Hence, the need for the proposed statute to bolster the existing Consumer Protection Act under Republic Act No. 7394,” Zamora pointed out.

R.A. 7394 provides for the protection of consumers from scheming manufacturers and from defective products. The law gives the Department of Health jurisdiction with respect to food, drugs, cosmetics, devices and substances; the Department of Agriculture with respect to products related to agriculture; and the DTI with respect to other consumer products not specified under the first two jurisdictions.

The proposed law (HB 244) covers brand new motor vehicles with non-conformity reported by the consumer within 12 months from date of original delivery to the consumer or 20,000 kilometers of operation after such delivery, whichever comes first.