My brand-new car keeps having the same defect — can I invoke the Lemon Law?
Last updated: 2026-07-12 · Educational content; not legal advice.
Short answer
Possibly, if it fits the Philippine Lemon Law (RA 10642). The law covers a brand-new four-wheeled motor vehicle (sedans, SUVs, AUVs, pick-ups, vans and the like — not motorcycles, trucks or buses). Its rights apply within the Lemon Law period: 12 months from the original delivery to you, or the first 20,000 kilometers, whichever comes first. If the SAME defect or complaint has been subject to at least four (4) separate repair attempts by the manufacturer, dealer or authorized service within that period and the problem persists, you may invoke your Lemon Law rights. You file with the DTI, which mediates; the manufacturer is given one final opportunity to repair, and if that still fails, you may demand either a replacement vehicle of a similar or comparable kind, or a refund of the purchase price plus collateral charges.
Primary sources
Frequently asked
How many repairs before the Lemon Law applies?
At least four (4) separate repair attempts for the same defect or complaint, made within the Lemon Law period, without the problem being fixed (RA 10642, §5).
What is the Lemon Law coverage period?
Twelve (12) months from the original delivery of the brand-new vehicle to you, or the first 20,000 kilometers of use, whichever comes first (RA 10642, §3).
Can I choose a refund instead of a replacement?
After the manufacturer's final repair opportunity still fails, the remedy is a replacement with a similar or comparable vehicle, or a refund of the purchase price plus collateral charges (RA 10642, §8). The mechanism runs through DTI mediation.
Does the Lemon Law cover my motorcycle or truck?
No. RA 10642 covers brand-new four-wheeled passenger vehicles. Motorcycles, trucks, buses and heavy equipment are outside its scope — though the Consumer Act and Civil Code hidden-defect rules may still apply.
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Your rights when something you bought is defective — the repair, replacement, or refund a seller owes you under the Consumer Act (RA 7394, Arts. 68 and 100), why a blanket "No Return, No Exchange" sign is illegal (a deceptive sales act the DTI prohibits), the free implied warranty you get even without a warranty card (60 days to 1 year on new products), hidden defects discovered after purchase and the 6-month redhibition action under the Civil Code (Arts. 1561, 1566, 1567, 1571), the Price Tag Act rule that you cannot be charged more than the displayed tag (Art. 81), the Philippine Lemon Law (RA 10642) for a brand-new car with the same defect after 4 repair attempts within 12 months or 20,000 km, defective services, manufacturer vs seller liability, and how to file a DTI complaint. This cluster is about legitimate purchases that turn out defective — online-shopping fraud and fakes live in the Scams & Online Fraud cluster.