Lemon Law / House Bill 4841 (update: House passes ‘lemon’ bill) [Merged]

**kagalingan** · November 15th, 2021 03:30 PM

Originally Posted by Miles_on

Ano ba ang #1 defense in this country of litigants with unmeritorious causes?

DELAY.

Even if they eventually win in the end, the plaintiff just winds up with a pyrrhic victory like this.

This could have happened to anyone here, with any dealer. Ang tanong for all though is, what would you do if this happened to you? Ang sagwa isipin...

aubrey,

Saan grumadweyt usually nagtop sa bar exam.????

**dr. d** · November 15th, 2021 03:36 PM

Originally Posted by kagalingan

aubrey,

Saan grumadweyt usually nagtop sa bar exam.????

does it matter?

**17Sphynx17** · November 15th, 2021 03:41 PM

Originally Posted by dr. d

sana ganito,
"either bigyan nyo siya ng current equivalent model, or its money equivalent today, depending on winner's choice, plus 10% interest for every year from 2011."
why the 10 % ? because he wasn't able to enjoy the use of the car all that time.
and the interest clock is ticking still, at an additional 0.834% more for every month after nov 11, 2021.

somebodys should be made to feel that it does not pay to procrastinate.

Really curious how the renumeration/compensation to the complainant will be computed (initial and final settlement amount). I would assume depreciation might play a factor in the computation. Does the complainant also even own the car still to this day? How will the duration of his ownership play a part in the computation, if at all. Really curious.

**Dr.Kamiya** · November 15th, 2021 05:35 PM

I'm assuming depreciation will NOT be involved, as the law explicitly states that the customer is entitled to a full refund or a brand new replacement.

Rather, it's going to be Mazda's fault for their own losses because they're the ones who decided on dragging out the case out instead of paying out immediately, or after their loss at the CA.
Now they have to buy back a 10-year old car for the full purchase price, or replace it with a brand new unit.

**yapoy86** · November 15th, 2021 05:45 PM

agree.. full refund.. or replace with other unit higher with price difference..

kung 1M yan, dapat 1M din ang balik..

sana ma update kung nag comply nga ang mazda

**Ry_Tower** · November 16th, 2021 10:48 AM

Originally Posted by dr. d

sana ganito,
"either bigyan nyo siya ng current equivalent model, or its money equivalent today, depending on winner's choice, plus 10% interest for every year from 2011."
why the 10 % ? because he wasn't able to enjoy the use of the car all that time.
and the interest clock is ticking still, at an additional 0.834% more for every month after nov 11, 2021.

somebodys should be made to feel that it does not pay to procrastinate.

I hope the judge would give at least the 6% legal rate of interest from the time the first decision came out. That woud be equitable and to compensate nga for inflation. The counsel should have expressly asked for it though para maconsider talaga nang husto.

This is exciting, judicial precedent ito.

**Miles_on** · November 16th, 2021 01:45 PM

Originally Posted by Ry_Tower

I hope the judge would give at least the 6% legal rate of interest from the time the first decision came out. That woud be equitable and to compensate nga for inflation. The counsel should have expressly asked for it though para maconsider talaga nang husto.

This is exciting, judicial precedent ito.

Sayang. if klaro yung amount of refund sana from the start, pwedeng from the time of demand yung interest sana. (pareho sa rules sa C. Sum Money + Damages) Kaya lang, yung amount of 3 years beneficial use deduction, we don’t know if that was determined early on or even contested, kaya more likely from judgment.

That is of course, assuming that issue (amount of 3rs ben. use deduction) was passed on in judgment otherwise, (alam no na) pwedeng here we go again...

Note: Maraming missing info and hindi ko rin binasa yung actual.