The cases recently filed by certain “flat glass” importers against the government, more specifically the Department of Trade and Industry (DTI), with regard to the implementation of Department Administrative Order (DAO) 19-05 Series of 2019, worry us, and we in the Federation of Philippine Industries (FPI) plan to intervene in said cases.
We are very concerned and anxious that the recent order by the Regional Trial Courts in both Makati and Pasay to stop the DTI from implementing the DAO, despite the fact that the cases are still undergoing trial, could further expose consumers to the risk of buying substandard products.
Issued on March 28, 2019, by Trade Secretary Ramon M. Lopez, the DAO requires all manufacturers, producers or importers of flat glass products to comply with certain prescribed standards and directs the mandatory inspection by the DTI of such products before these are removed from the manufacturer’s premises or released by customs authorities in the ports to the importers thereof, for eventual sale to the public.
However, with the recently issued court injunctions, consumers or users of flat glass products are practically no longer protected from “sub-standard” flat glass products. For all intents, this will be the scenario until the cases are finally decided, which could take years and would still be appealable. In the meantime, the injunctions could still be in force during the pendency of the cases.
We are worried that flat glass products, by their very nature, are “breakables” and could result in serious physical injuries or loss of human lives in case of accidents.
In short, flat glass products are life-threatening. Like steel bars, angle bars and cement, to name a few, flat glass products are under mandatory standards. In an incident in April 2016, a portion of the Ninoy Aquino International Airport’s ceiling collapsed, causing a glass partition at its predeparture lounge area at Gate 10 to shatter. Fortunately, no one was in the immediate area when the accident happened.
While recognizing that there is a presumption of regularity when the courts issued the said injunctions against the DTI, the unintended result is that consumers of flat glass products are currently without any umbrella of protection from substandard products. And because the regulations are suspended by reason of the injunctions, consumers and the public at large cannot complain to DTI in case of physical injuries, deaths and the resulting damages.
Thus, we have tasked our lawyers to study whether FPI can formally intervene in the cases, if only to clarify the following issues before the courts, especially since consumer interest and welfare are at stake.
First, DTI was merely performing its “good governance” mandate when it prescribed standards for flat glass products. In Singapore, for instance, thousands of products are under mandatory standards. In the Philippines, the number of products covered by standards, especially mandatory, is very much less.
The fact is flat glass was under mandatory standards since the Flat Glass Manufacturing Co. was owned by the Japanese firm, Asahi Glass. For years, I don’t know of any complaint against mandatory standards coming from the importers, except lately.
Second, the inspection of certain products should be mandatory for products that are “life-threatening,” such as flat glass or steel. Third, prescribing standards for products will raise the level of quality of goods produced in the country.
The DAO applies to all those who wish to sell flat glass products in the country, whether domestic manufacturers, producers or importers. No one is exempted from complying with the rule. It is therefore difficult to understand why a producer or importer should be afraid to comply with the standard prescribed by the government.
In the case of the importers who filed the cases, I ask this question: Are the products being imported compliant or not with DTI-prescribed standards? If in the affirmative, such importers should not worry that the goods will not be released after these are inspected at the port of entry.
And if the local manufacturer of flat glass is not complaining about the standards that have been prescribed by DTI, this could only mean that its products are compliant with the standards prescribed by the government. This could be the most challenging concern for millions of consumers. With the courts’ order to stop the DAO, this could also be a lonely battle. But as chairman of FPI, my conscience tells me that we should do something about the issue.
I remember the words of Pakistani activist Malala Yousafzai: “When the world is silent, even one voice becomes powerful.”
We may not have the voice powerful enough to make all those concerned to resolve the issue on the DAO as soon as possible. But, at least, I pray for my voice as a consumer and as chairman of FPI to be heard, no matter how muffled it would be, by the concerned government agencies and the millions of consumers as well.
1 comment
I can’t believe he quoted Malala to justify himself. She got shot in the face for daring to go to school. He’s just saying “flat glass bad”.