Re: Retail Trade Law

December 5, 2019SEC-OGC OPINION NO. 61-19RE: RETAIL TRADE LAWJonathan ChenKYMCO Philippines, Inc.Sta. Maria Industrial EstateMañalac Avenue, Cor. Sta. Maria DriveBagumbayan, Taguig CityDear Mr. Chen :This refers to your letter dated 4 October 2019 seeking confirmation from the Commission that the activities of KYMCO Philippines, Inc. (KPI) fall outside the coverage of Republic Act No. 8762, otherwise known as the "Retail Trade Liberalization Act of 2000 (Retail Trade Law)." In your letter, you mentioned that KPI maintains and operates three (3) service centers providing regular maintenance and/or repair services on motorbikes. You also mentioned that KPI plans to sell: 1) spare parts and other materials reasonably necessary for the performance of the repair services, which will be sold only when needed to fully perform the required services; 2) motorbikes to the general public by setting up a single sales outlet at the existing service center located in its principal office, where said vehicles are assembled; 3) motorbikes to the Government and its agencies; 4) motorbikes in wholesale to industrial/entity users (fleet sales) that use motorbikes for...