Lemon Law not sole remedy for buyers of new but defective vehicles — SC

MANILA, Philippines — Have you bought a defective or "lemon" vehicle? The Supreme Court said that buyers of defective vehicles may enforce their rights under any law available, not just the Lemon Law.

In a 15-page decision, the High Court found that consumers may avail remedies under the Philippine Lemon Law, the Consumer Act, or any other applicable law for their defective brand-new vehicles that they purchased.

“[T]here is nothing that prevents a consumer from availing of the remedies under RA 7394 [Consumer Act] or any other law for that matter even if the subject of the complaint is a brand new vehicle…RA 10642 [Lemon Law] is an alternative remedy granted to the consumer and the consumer is free to choose to enforce his or her rights under RA 7394 or any other law," the court’s decision read.

The decision was penned by Associate Justice Antonio Kho Jr. and was promulgated on Oct. 11, 2023 but was only released on Thursday, September 26. 

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A "lemon" vehicle refers to a brand-new vehicle with defects present right from the dealership or showroom.

These cars are purchased from official, authorized dealers in the country.

The rights of buyers against defective cars are protected by Republic Act 10642 or the Lemon Law. 

The Philippine Lemon Law applies to a variety of vehicles, including passenger cars, hatchbacks, crossovers, SUVs and pickup trucks. 

However, it does not extend to motorcycles, buses, delivery trucks, dump trucks, or heavy machinery like bulldozers, forklifts, amphibian vehicles and cranes.

Under the Lemon Law, a consumer may request in writing that the dealer repair the defective unit within a 12-month period, allowing up to four repair attempts. However, the consumer must return the unit within 30 days of the previous repair attempt if the problem persists; otherwise, the repair will be considered successful.

If the dealer fails to fix the issue after four attempts or if the defect persists after multiple repairs, the consumer may issue a notice to avail of Lemon Law rights. Upon mutual agreement, the consumer can return the unit for one final repair attempt.

During the repair process and the Lemon Law