Complaints and Disputes

Offenses and Penalties

OffensePenalty
Airing/publication/ installation or display without proper ASC clearance or Pre-Screening Violation

Refer to Manual of Procedures Rule I, Section 3 for materials covered by the ASC rules.
1st Offense – P100,000

2nd Offense – P200,000 plus non-screening of advertising materials of the product concerned for three (3) months. The guilty party may opt to pay P500,000 in lieu of non-screening for three (3) months, thus the total to be paid is P700, 000.

3rd Offense – P300,000 plus non-screening of advertising materials of the product concerned for one (1) year. The guilty party may opt to pay P1,500,000 in lieu of non-screening for one (1) year, thus the total to be paid is P1,800,000.

• While penalty has not been settled, screening of materials of the concerned product will be suspended.
• Non-payment of penalties after three (3) consecutive months of follow-up by ASC shall result to non-screening of materials of all brands/products of the company.
Airing/Publication/ installation or Display/Posting of Banned Material or CDO Violation1st Offense – P110,000

2nd Offense – P220,000 plus non- screening of advertising materials of the product concerned for six (6) months. The guilty party may opt to pay P800,000.00 in lieu of non-screening for six (6) months, thus the total to be paid is P1,020, 000.

3rd Offense – P440,000 plus non-screening of the advertising materials of the product concerned for one (1) year. The guilty party may opt to pay P1,100,000 in lieu of non-screening for one (1) year, thus the total to be paid is P1,540,000.

• While penalty has not been settled, screening of materials of the concerned product will be suspended.
• Non-payment of penalties after three (3) consecutive months of follow-up by ASC shall result to non-screening of materials of all brands/products of the company.
Faking of any ASC Clearances and Official Documents or ASC Pre-requisites, e.g., CPR, DOLE permit, DTI permit, NHI permit, DOH-FDA approval, etc.The ad material of the brand, product or service shall be immediately suspended from airing/publication/ display/posting plus:

1st Offense – P220, 000 plus non- screening of the materials of the product for six (6) months. The guilty party may opt to pay P880, 000 in lieu of the non-screening sanction for six (6) months, thus the total to be paid is P1,100,000.

2nd Offense – P440,000 plus non- screening of the materials of the product for one (1) year. The guilty party may opt to pay P1,100,000 in lieu of non-screening for one (1) year, thus the total to be paid is P1,540,000.

• While penalty has not been settled, screening of materials of the concerned product will be suspended.
• Non-payment of penalties after three (3) consecutive months of follow-up by ASC shall result to non-screening of materials of all brands/products of the company.

NOTE: ASC shall inform the respective government agency of the fraudulent act and the said agency will be responsible for imposing its own sanctions, e.g., revocation of LTO, cease-and-desist from selling, seizure of goods from the retail trade, etc.
Faking of 3rd Party Certification, Research, Lab and Clinical Tests and Fabrication of Other Evidences1st Offense – P220,000 plus non-screening of materials of the product for six (6) months plus CDO, effective immediately on the material concerned. The guilty party may opt to pay P880,000 in lieu of the non-screening for six (6) months, thus the total to be paid is P1,100,000.

2nd Offense – P440, 000 plus non-screening of materials of the product for one (1) year plus CDO, effective immediately on the material concerned. The guilty party may opt to pay P1,100,000 in lieu of non-screening for one (1) year, thus the total to be paid is P1,540,000.

• While penalty has not been settled, screening of materials of the concerned product will be suspended.
• Non-payment of penalties after three (3) consecutive months of follow-up by ASC shall result to non-screening of materials of all brands/products of the company.
Manipulation of ASC documents, e.g., using an ASC approval number on a material that was not cleared with ASC.
Blatant disregard for the ASC rules, procedures or system, e.g., publication or display of a material even if disapproved by ASC.
The ASC shall provide due process to the Advertiser/ Ad Agency concerned. After the violation has been determined, the penalty is as follows:

1st Offense - P300,000 plus non-screening for three (3) months, and CDO effective immediately on the material concerned. The guilty party may opt to pay P500,000 in lieu of non-screening, thus the total to be paid is P800,000

2nd Offense – P600,000 plus non-screening for six (6) months, and CDO effective immediately on the material concerned. The guilty party may opt to pay P1,000,000 in lieu of the non- screening for six (6) months, thus the total to be paid is P1,600,000.

3rd Offense – P900,000 plus non-screening for one (1) year, and CDO effective immediately on the material concerned. The guilty party may opt to pay P1,500,000.00 in lieu of non-screening for one (1) year, thus the total to be paid is P2,400,000.

Prescription period for non-screening of ads of the product concerned is one year from payment date of penalty. Subsequent offenses shall be referred to the Tech Com for appropriate sanctions.

• While penalty has not been settled, screening of materials of the concerned product will be suspended.
• Non-payment of penalties after three (3) consecutive months of follow-up by ASC shall result to non-screening of materials of all brands/products of company
Breach of Confidentiality1st Offense – P55,000 for every pick-up (publication) of the press release or publicity

2nd Offense – P110,000 for every pick- up of the press release or publicity plus six (6) months non-screening of the concerned product

3rd Offense – P220,000 for every pick-up of the press release or publicity and one (1) year non-screening of the concerned product

“Pick-up” means any news item or story related to the case or issue which is published and/or publicly announced through media.

• While penalty has not been settled, screening of materials of the concerned product will be suspended.

• Non-payment of penalties after three (3) consecutive months of follow-up by ASC shall result to non-screening of materials of all brands/products of the company
Cancellation of a Scheduled Regular Refer-to-Panel Screening or Hearing Panel on or in less than 24 hours before the scheduled date of Screening/HearingFine of P5,000.00

• Non-payment of penalties shall result to non-screening of the product concerned.
1. No-show at a Weekday Special Screening (S1 & S2) without prior notice.100% Non-refund of fees plus a fine of P3,300.00
3. No-Show at a Weekend or Non-Working Day Special S2 Screening Session without prior notice.• 100% Non-refund of special screening fees plus P5,500.00 fine
5. For every 3 times
no-show for Special Screening (S1 and/or S2) without prior notice
P15,000.00 plus non-screening of the specific brand variant for three (3)months

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