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c) the order is not supported by the evidence or there is serious error in the
ndings of facts.
9 Rollo, pp. 58-59.
10 ART.98.Liability of Tradesman or Seller.The tradesman/seller is
likewise liable, pursuant to the preceding article when:
a) it is not possible to identify the manufacturer, builder, producer or importer;
b) the product is supplied, without clear identication of the manufacturer,
producer, builder or importer;
c) he does not adequately preserve perishable goods. The party making payment to
the damaged party may exercise the right to recover a part of the whole of the
payment made against the other responsible parties, in accordance with their part or
responsibility in the cause of the damage effected.
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_______________
11 ART.166.Decision on Appeal.The Secretary shall decide the appeal
within thirty (30) days from receipt thereof. The decision
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7394. The OP, however, denied his motion on the ground that the
Presidents power of control over the executive department grants
him the power to amend, modify, alter or repeal decisions of the
department secretaries. On the other hand, the CA, in dismissing
outright the petition for certiorari led by Moran, Jr., implicitly
sustained such reasoning when it held that the proper remedy from
an adverse order or judgment of the OP is a petition for review
under Rule 43 of the 1997 Rules of Civil Procedure, as amended.
We reverse the CA.
The procedure for appeals to the OP is governed by
Administrative Order No. 18,14 Series of 1987. Section 1 thereof
provides:
SECTION1.Unless otherwise governed by special laws, an appeal
to the Ofce of the President shall be taken within thirty (30) days from
receipt by the aggrieved party of the decision/resolution/order complained
of or appealed from (Emphasis supplied)
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No pronouncement as to costs.
SO ORDERED.
Velasco, Jr. (Chairperson), Peralta, Reyes and Jardeleza, JJ.,
concur.
Petition granted, resolutions reversed and set aside.
Notes.The Department of Trade and Industry (DTI) is tasked
to protect the consumer against deceptive, unfair, and
unconscionable sales, acts, or practices, as dened in Articles 50 and
52 of the Consumer Act. (Aowa Electronic Philippines, Inc. vs.
Department of Trade and Industry, 648 SCRA 795 [2011])
A judgment issued by a quasi-judicial body without jurisdiction
is void. It cannot be the source of any right or create any obligation.
All acts performed pursuant to it and all claims emanating from it
have no legal effect. (Vda. de Herrera vs. Bernardo, 650 SCRA 87
[2011])
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