Who is liable for a defective product โ the manufacturer or the store?
Last updated: 2026-07-12 ยท Educational content; not legal advice.
Short answer
Both can be. The Consumer Act (RA 7394) does not force you to chase only the factory. Suppliers of consumer products are jointly liable for imperfections in quality that make the product unfit or inadequate, or that are inconsistent with the label, packaging, or advertising (Art. 100). The manufacturer/producer is liable for defective products it puts out (Art. 97), and the tradesman/seller has its own liability toward the buyer (Art. 98). In practice this means you can pursue the seller you actually bought from โ you don't have to track down the manufacturer yourself โ and the seller and maker can sort out their share between them. For a brand-new car, the Lemon Law (RA 10642) channels the claim through the manufacturer/distributor via DTI mediation.
Primary sources
Frequently asked
The store says 'go to the manufacturer' โ is that right?
Not as a way to dodge you. Under RA 7394 suppliers are jointly liable for product imperfection (Art. 100), and the seller has its own liability (Art. 98). You can pursue the seller you bought from; the seller and maker allocate responsibility between themselves.
When is the manufacturer specifically liable?
Art. 97 makes the manufacturer/producer liable for defects in the products it places on the market. For imperfections, Art. 100 makes suppliers jointly liable, so more than one party may answer for the same defect.
Who do I claim from for a defective new car?
The Lemon Law (RA 10642) directs the claim to the manufacturer, distributor, or authorized dealer, through DTI mediation, after the required repair attempts within the coverage period.
Take action
Got a similar problem?
File a complaint and we'll pre-fill BSP, SEC, DTI, and small-claims letters for you.
Your rights when something you bought is defective โ 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 โ online-shopping fraud and fakes live in the Scams & Online Fraud cluster.