Panayam kay DTI Consumer Protection Group Assitant Secretary Atty. Amanda Nograles
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00:00 We will discuss the mystery parcels that are being sold or bought
00:07 with Atty. Amanda Nograles, Consumer Protection Group Assistant Secretary
00:12 of the Department of Trade and Industry.
00:15 Asek Nograles, good afternoon.
00:17 Hello, good afternoon. How are you?
00:22 I'm good, Asek. Thank you for your latest introduction to our program.
00:27 Asek, to better understand what mystery items or parcels are being sold in the market,
00:35 and where do these parcels come from?
00:38 Okay, the mystery parcels that are in the market are called mystery parcels
00:45 because they are sealed parcels, either back-to-back boxes or small items
00:51 that cover the names of the supposed recipient or supposed buyer of these items.
00:58 So you can see in the picture, they are being packaged and sold.
01:02 That's why it's a mystery because we don't know what's inside the parcels.
01:06 Then, they are bought for a certain price.
01:09 When they are opened, they might be of high value items.
01:14 Sometimes, it's a watch, camera, or what.
01:17 Then, it's cheap to buy.
01:18 That's why it's a hit in our market.
01:22 So the second question is, where do these parcels come from?
01:25 First of all, there are parcels in the Bureau of Customs that have been in their storage for a long time.
01:33 If the boxes are in the Customs for more than one year and they are not claimed or taxed,
01:43 they can be auctioned, meaning there will be a valid auction sale.
01:48 Then, the buyers of these items are collected and sold to the wholesalers.
01:57 The others, this is what we need to watch out for.
02:01 Some of them enter warehouses where the sellers are stealing the warehouses.
02:07 Then, they sell the items stolen from the wholesalers.
02:12 Anyway, there are no names or labels.
02:14 They are just stealing.
02:16 So, that's what we see.
02:18 Those mystery parcels that are in the market are what we are looking for.
02:23 Alright.
02:24 I thought it would be very exciting when you buy.
02:27 For kids, it's a trend now.
02:31 But for adults, the feeling of excitement, what's inside it,
02:35 it's like you won a prize or a prize.
02:39 For example, you bought a mystery parcel for Php 50.
02:43 I saw it on the benches.
02:45 It's Php 50 and you're selling it.
02:47 Then, what if it's a camera?
02:50 A cellphone.
02:50 That's right.
02:51 That's right.
02:52 It's a trend now.
02:55 ASIC is very popular in online shopping.
02:57 Yes.
02:57 These mystery parcels.
03:00 What we want to know is,
03:03 is there a law that covers these mystery parcels?
03:10 The question that many people ask is,
03:11 do the sellers and buyers have a liability with the law?
03:17 Yes.
03:17 Thank you for the question.
03:19 So, the first question,
03:22 if there is a law that is applicable here,
03:25 what comes out,
03:26 there are two types.
03:29 First, the parcels that were bought in a valid auction sale of customs.
03:35 There is no problem with that.
03:37 We don't have a law that violates that.
03:39 Because if it was bought in a valid auction sale,
03:42 I, the owner of these parcels,
03:45 of these boxes,
03:46 I am free to sell it to a third party or anyone else.
03:51 Because I am really the owner of this parcel.
03:54 Now, the second issue that we discussed,
03:58 the parcels that were stolen,
04:00 the items that were pilfered from storage facilities or even from customs,
04:05 if someone is stealing there,
04:07 the boxes that are being opened,
04:09 then the item is stolen and sold.
04:11 That is what we have an applicable law,
04:13 this anti-fencing law,
04:15 that our consumers need to be careful about.
04:18 That is why our warning to DTI,
04:22 first of all, if we are going to buy these mystery parcels,
04:25 we need to make sure,
04:27 number one, where did these mystery parcels come from.
04:31 If it came from the Bureau of Customs,
04:33 the items that were pilfered,
04:35 then the seller bought those items,
04:39 we will get evidence
04:40 if it really came from the Bureau of Customs,
04:43 then there is no problem.
04:45 But if it is a stolen item,
04:46 then we will buy a stolen item,
04:49 even the buyer of the stolen item
04:51 will be liable,
04:52 he can be charged under the anti-fencing law.
04:56 Another issue here, sir,
04:58 is that the parcels have personal information
05:02 of the recipient of the parcel.
05:05 Then what becomes practice,
05:07 they just cover it with a black mark
05:09 or put tape to cover the name.
05:12 So we have a data privacy issue there
05:15 because there is an address,
05:16 there is a name of the person
05:18 who should be delivering the item.
05:20 So that can be a violation
05:22 of whoever is handling or processing
05:25 that personal information.
05:27 So we at DTI,
05:29 that's a problem that we are doing a way
05:33 on how we can protect consumers
05:36 in this practice,
05:37 especially in selling stolen items.
05:40 Yusek, what Nina and Yusek Edo are saying,
05:46 that online shopping is also seen here,
05:49 do you have coordination
05:51 with online shopping platforms
05:53 about this issue?
05:55 And what is their position on this?
05:58 Okay, we at DTI,
06:01 we are continuously monitoring
06:05 online shops,
06:06 not just for the mystery parcels,
06:08 but for all the laws
06:10 that DTI is implementing,
06:12 we are doing online monitoring
06:14 of compliance.
06:15 So now, on the issue of mystery box,
06:18 mystery parcel,
06:19 when DTI sees that an online shop
06:22 is selling that,
06:23 we can get evidence
06:26 or proof from the seller
06:28 where he got the items
06:30 that he is selling in the online shop.
06:32 The seller needs to prove
06:35 that he got these items
06:37 through a legal way.
06:39 So either through the Bureau of Customs,
06:41 through the valid auction sale,
06:43 or whether these items
06:45 were abandoned
06:46 by the real owner of these items,
06:49 whether he is a buyer
06:50 who did not claim the item
06:51 and abandoned it.
06:53 So the online seller
06:55 needs to be able to give evidence.
06:57 Now, if not,
06:58 we can have it taken down
07:00 on the platform.
07:02 We have a good relationship
07:03 with most online shopping platforms.
07:06 And when DTI requests,
07:09 we can talk about
07:11 taking down these sellers
07:13 and not being able to victimize
07:15 our consumers.
07:17 Right.
07:19 Atty., we know
07:20 that these undelivered parcels
07:23 are sometimes smuggled.
07:27 It's a regulation of the Bureau of Customs.
07:30 But in your Department of Trade and Industry,
07:33 what steps have you taken
07:36 to address this system
07:37 of undelivered parcels?
07:39 Okay.
07:41 We already mentioned
07:43 the side of our buyers
07:45 who buy mystery parcels.
07:47 At DTI, we also look
07:50 at who the real owner
07:52 of these mystery parcels is.
07:54 Because some of them
07:56 are also victims
07:57 who were sent by their relatives
08:01 to the OFW abroad.
08:03 There is a recipient
08:04 and there is an owner
08:05 who is waiting for these parcels
08:08 here in the Philippines,
08:09 especially when their relatives
08:10 are having a hard time.
08:12 So at DTI, we also monitor
08:14 if those parcels
08:17 have become mystery parcels
08:19 because they were not paid taxes.
08:21 Why were they not paid taxes?
08:23 Because the freight forwarder
08:25 or the consignor abroad
08:26 did not pay taxes.
08:28 So at DTI, we ensure
08:31 that the freight forwarders,
08:33 especially our accredited ones,
08:35 who are contracting
08:37 to our consumers
08:38 to push the parcels
08:40 from abroad to Manila,
08:42 they should be able to reach
08:43 their recipient.
08:44 So that's why we have a rule
08:46 for our consumers
08:47 that when they send
08:49 a return box,
08:50 they should only contact
08:51 the accredited freight forwarders
08:54 of DTI.
08:55 DTI is on their website
08:57 so that their parcels
08:59 will not fall into the mystery parcels
09:01 that are sold by third parties
09:03 that are funded by the Bureau of Customs.
09:06 Second, if we lose a parcel
09:09 that has been missing for a year
09:11 and has not yet reached us,
09:13 they can report it to us at DTI,
09:16 more often than not,
09:17 and that's in the Bureau of Customs.
09:19 If it has not been submitted,
09:21 there are unpaid taxes
09:23 or unpaid storage fees.
09:24 So we need to call
09:26 whoever the freight forwarder
09:28 who is contracted is.
09:29 They should settle that
09:30 because most probably
09:32 the sender paid for it
09:34 or it was settled at some point
09:36 by the recipient here in the Philippines.
09:39 Ma'am, have you caught any
09:43 about these mystery parcels
09:46 whether the online sellers
09:48 or those who sell on the streets,
09:50 the so-called "baratilio"
09:52 and even the buyers themselves
09:55 because they are equally guilty as well.
10:00 Yes. So the DTI catchers
10:03 are first and foremost
10:04 the freight forwarders
10:05 who are contracting to our OFWs
10:09 who bring back-to-home boxes here
10:11 and have not yet reached
10:13 our countrymen here in the Philippines.
10:16 So if that's the case,
10:17 they can impose a fine
10:20 of DTI, P50,000 to P100,000.
10:23 They can suspend
10:25 their accreditation of DTI.
10:28 They can cancel their accreditation.
10:30 They can issue a cease and desist.
10:33 So those are our freight forwarders.
10:36 On the part of the online sellers
10:39 who sell
10:41 there is no evidence
10:43 that their items are validly acquired.
10:45 This means that they were not proven
10:48 that they really own
10:49 or authorized to sell the items.
10:52 We have their pages taken down.
10:54 We coordinate with the online platforms.
10:58 Then they issue a show-cause order
11:01 or a notice of violation
11:04 because these items need to be removed from the market.
11:07 Third, the stolen items that are being sold
11:12 that can be considered as a violation of anti-fencing
11:16 can be reported to us, to DTI.
11:19 We will coordinate with the proper agency or office
11:23 to file a case against those who sell stolen items
11:27 because in DTI, we have a no-wrong-door policy.
11:32 All right.
11:34 Ma'am, just for the information of our countrymen,
11:36 do we have a regulation on undelivered or abandoned items
11:41 from online shopping platforms?
11:44 Is there a validity period before a parcel is considered abandoned?
11:49 Is there a window period before they are considered abandoned?
11:54 Okay, for online shopping,
11:57 if the parcel is not delivered,
12:01 our general rule is that there is an obligation.
12:03 The buyer can still receive it
12:05 if the item is already paid for and the seller is not yet delivering the item.
12:10 The seller's obligation is not yet fulfilled with respect to the buyer.
12:16 So, the buyer can still ask for the item to be delivered.
12:21 If it is not delivered,
12:23 then that is a violation of the Consumer Act.
12:26 You can complain to DTI.
12:28 There is a deceptive sale there
12:29 because the seller said that he will deliver the item to you
12:33 but he did not deliver it to you.
12:34 Then, the seller will still answer that the buyer's order will still arrive.
12:40 Now, if the buyer is at fault,
12:43 that's why he did not receive the item,
12:45 the seller can say that the buyer is at fault
12:49 because he is willing to deliver the item
12:51 but the buyer is not available at home.
12:56 So, that can be resolved at the level of mediation here at DTI.
13:01 When we meet the seller and buyer, we can talk about why that happened.
13:06 But as far as we're concerned,
13:08 if the seller is at fault and he agreed to deliver the item to the buyer
13:15 but he did not deliver it,
13:16 the seller still has an obligation even if he said that the item is gone
13:20 or he sold it to someone else.
13:22 As long as the buyer's obligation is not delivered,
13:26 we can still ask for it.
13:29 Alright, as our last question,
13:32 please send a message to all consumers who are watching us now.
13:38 There are a lot of mystery parcels and mystery boxes in the market.
13:45 So, we emphasize at DTI that we should be able to judge and choose.
13:51 First of all, there is no problem if the mystery parcels or mystery boxes are not stolen.
13:58 But if this item is stolen,
14:00 we can be charged under anti-fencing.
14:04 So, our advice is to check with the seller.
14:09 We know how a mystery parcel is made.
14:13 There are cases like that.
14:15 The public already knows that.
14:16 As a buyer, we should know from the seller where the item we're buying came from.
14:23 We should ask for evidence or document
14:25 if it was taken from the Bureau of Customs in an auction sale.
14:29 We should check to be safe as a buyer from the anti-fencing law.
14:36 Third, that is also a warning because we don't know the contents of a mystery parcel.
14:41 The items might not be safe.
14:44 The items might be hazardous.
14:46 So, our consumers should be careful.
14:49 If in any event, we already have something like that and there is a complaint,
14:53 we can also report it to DTI.
14:56 We can email consumercare@dti.gov.ph.
15:02 Alright. Thank you very much for your time,
15:05 Atty. Amanda Nograles,
15:07 Consumer Protection Group Assistant Secretary of the Department of Trade and Industry.
15:12 Thank you.