Date Filed: 18 September 2018

WHEREAS, under Section 20, Article II of the 1987 Constitution of the Republic of the Philippines (henceforth referred to as the 1987 Constitution), œThe State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments ;

WHEREAS, Article XII, Section 6 of the 1987 Constitution further provides that, œThe  use  property  bears  a  social  function,  and  all  economic  agents  shall contribute to the common good. Individuals and private groups, including corporations, cooperatives, and similar collective organizations, shall have the right to own, establish, and operate economic enterprises, subject to the duty of the State to promote distributive justice and to intervene when the common good so demands ;

WHEREAS, on November 14, 1931, Act No. 3883 was issued to regulate the use in business transactions of names other than true names, wherein a person intending to engage in business is required to first register with then Director of Commerce (now the Department of Trade and Industry, henceforth to be referred to as DTI) a name, other than its true name, before such name is used in any business transactions;

WHEREAS, Act No. 3883, Executive Order No. 913 dated October 7, 1983, and Executive Order No. 292 dated July 25, 1987, otherwise known as the Administrative Code of 1987, empower the DTI Secretary to make such rules and regulations as may be deemed necessary for the implementation of laws relevant to its functions;

WHEREAS, several rules and regulations implementing Act 3883 have already been issued by DTI;

WHEREAS, based  on  Section  2,  Article  II  of  the  1987  Constitution,  the Philippines adopts the generally accepted principles of international law which shall form part of the law of the land;

WHEREAS, the Republic of the Philippines has acceded to the 1951 United Nations  Convention  Relating  to  the  Status  of  Refugees,  the  1967  Protocol Relating to the Status of Refugees and the 1954 United Nations Convention Relating  to  the  Status  of  Stateless  Persons,  which  obligate  the  Contracting States to accord to a refugee lawfully in their territory favorable treatment, in any event, not less favourable than that accorded to aliens generally in the same circumstances, as regards the right to engage on his own account in agriculture, industry, handicrafts and commerce and to establish commercial and industrial companies;

WHEREAS, Section 5 of Republic Act No. 7042 otherwise known as the Foreign Investments Act of 1991 as amended by Republic Act No. 8179 requires non- Philippine nationals who intend to establish sole proprietorships in the Philippines to register with the DTI in accordance with the Implementing Rules and Regulations of RA 7042 and other applicable rules and regulations;

WHEREAS,in view of recent developments, particularly the Ease of Doing Business and Efficient Delivery of Government Services Act of 2018 or Republic Act 11032, it is high time to establish a revised Implementing Rules and Regulations to keep it aligned with the said law, by consolidating the several DTI issuances relevant to Act No. 3883, and streamline the rules and regulations to implement the other aforementioned related legal mandates;

WHEREFORE, these Rules and Regulations are hereby issued for the guidance of those concerned.


RULE I GENERAL
PROVISIONS
Section 1. Title - These Rules shall be referred to as the Revised Implementing Rules and Regulations of 2018 of Act No. 3883.

Section 2. Objective - The objectives of these Rules are the following:

2.1 To regulate the use of business names by businesses in their transactions and thereby protect the public dealing with such businesses through the disclosure of the name and the real identity of the owner of person operating the business;

2.2 To provide streamlined requirements for processing BN applications and promote ease of doing business; and

2.3 To set guidelines in the disclosure of information, appearing in the records of
this Department, subject to existing rules and regulations including all future amendments, modifications, or revisions set under the Data Privacy Act and the Freedom of Information Act.

Section 3. Coverage - These Rules shall apply to natural persons, Filipino or a non-Philippine national, a recognized refugee or a recognized stateless person as defined in Section 4.3, 4.14, and 4.15 of Rule I, respectively.

Section 4. Definition of Terms - For purposes of these Rules, the term:

4.1    Applicant refers to a natural person, who may be a Filipino citizen, and authorized non-Philippine national, or a recognized refugee/stateless person.

4.2    Application refers to an application for Business Name Registration.

4.3    Authorized non-Philippine National refers to a foreign national who is authorized to transact business in the Philippines in accordance with the Foreign Investment Act of 1991, the Philippine immigration laws, and other related laws and their respective implementing rules and regulations.

4.4    Authorized Personnel refers to the person who is officially designated to perform stipulated duties related to business name registration.

4.5    Business Name (BN) refers to any name used or signed by an individual or natural person in connection with his/her business on any written or printed receipts, including receipts for business taxes, or on any written or printed contract not verified by a Notary Public, or on any written or printed evidence of business transaction, or any name used in connection with his/her business other than his/her true name, or keep conspicuously exhibited in plain view in or at the place where his/her business is concluded. If he/she is engaged in a business, any sign announcing a business name or style.

4.6    BN  Number  (BNN)  refers  to  the  series  of  numbers  assigned  to  a registered BN.

4.7    BN Certification refers to the document being issues by the DTI to any request for certification of such BN in accordance with RULE XI of these Rules.

4.8    BN Owner refers to the individual who holds in his/her name a valid Certificate of BN Registration in accordance with these Rules.

4.9    Certificate of BN Registration refers to the document being issued to a business owner as proof of successful registration of his/her BN.

4.10  DOJ-RSPPU refers to the Department of Justice - Refugee and Stateless Person Protection Unit.

4.11  DTI refers to the Department of Trade and Industry.

4.12  Natural  Persons  refer  to  a  Filipino  or  an  authorized  non-Philippine national as defined in Section 4.3. It shall also include recognized refugees and recognized stateless persons defined in Sections 4.14 and 4.15, respectively.

4.13  New Application refers to the application that is filed for the first time with DTI.  Application  for  BN  registration  filed  beyond  the  grace  period  as defined in Section 3, Rule VII hereof shall be considered new application.

4.14  Recognized Refugee refers to a person who œowing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his or her former habitual residence is unable or owing to such fear, is unwilling to return to it , and whose application for refugee status has been approved and issued a written recognition from the DOJ-RSPPU.

4.15  Recognized Stateless Person refers to one œwho is not considered a national  by  any  State  under  the  operation  of  its  law ,  and  whose application for stateless status has been approved and is issued a written recognition from the DOJ-RSPPU.

4.16  Renewal  Application  refers  to  the  application  for  renewal  of  BN Registration within the period prescribed herein.

4.17  Territorial Scope for BN refers to the extent of geographical area within which  the  pertinent  business  may  locate  its  offices,  stores,  shops, branches,   manufacturing   or   processing   plants,   or   other  business structures, or where the pertinent BN may be used without prejudice to engaging in business elsewhere.4.18  True Name refers to a natural person ™s full name as appearing in his identification documents.

RULE II
REQUIREMENTS

Section 1. Qualification of the Applicant. - Only those who meet any of the following requirements may apply for Business Name Registration:

1.1 Filipino citizen who is at least eighteen (18) years of age;

1.2 Non-Philippine national who has obtained a Certificate of Registration of Sole Proprietorship pursuant to RA 7042 and who is at least 18 years of age;

Where  the  laws  of  the  home  country  of  the  authorized  non-Philippine national provides for the legal or contract age lower than 18 years, said authorized non-Philippine national shall submit proof thereof.

1.3 Refugee or stateless person, at least 18 years of age, who has been issued a written recognition from the DOJ-RSPPU, and whose recognition is not subject   to   cancellation,   revocation   or   cessation,   in   accordance  with applicable government rules and regulations.

Section 2. Documents Required - An application shall be acted upon the complete presentation/submission of the following requirements:

2.1 For walk-in/over-the-counter applications:

2.1.1 Presentation of one (1) valid government-issued ID of the BN applicant as listed in Annex A of these Rules;

2.1.2 Submission of one (1) duly accomplished DTI-prescribed application form (Annex B) signed by the applicant of the BN registration;

2.1.3 Submission of Authorization Letter upon filing of the application if filed by a representative and presentation of the authorized representative ™s valid ID as listed in Annex A of these Rules;

2.2 Supporting   documentary   requirements   for   non-Philippine   national, refugee/stateless person, as follows:

2.2.1  For Non-Philippine National:

a.    Submission   of   one   (1)   duly   accomplished   DTI-prescribed application form (Annex B) signed by the applicant of the BN registration;

b.    Submission of a clear certified copy of the Alien Certificate of Registration; and the Certificate of Registration for Sole Proprietorship/Certificate of Authority to engage in business in the Philippines issued by the concerned DTI Office per Republic Act No. 7042 (Foreign Investment Act) as amended by Republic Act No. 8179, Republic Act No. 8762 (Retail Trade Liberalization Law) or such other applicable laws, as the case may be.

For online applications, the applicant may submit the required documents through the web-enabled BN registration system and must be in accordance with Section 2.3, Rule II hereof.

2.2.2  For Refugee/Stateless Person:

a.    Submission   of   one   (1)   duly   accomplished   DTI-prescribed application form (Annex B) signed by the applicant of the BN registration; and

b.    Submission   of   a   clear   certified   copy   of   the   Certificate   of Recognition issued by the DOJ-RSPPU showing that the applicant is recognized as a refugees/stateless person or presentation of the  original  Certificate  of  Recognition  and  submission  of  a duplicate copy thereof.

Other documents required by subsequent laws and regulations, if any, shall likewise be submitted.

2.3 For online applications, as signed application form is no longer required since the accomplished online application is equivalent to the duly- accomplished physical application form. The online application for BN registration is subject to the Terms and Conditions set forth under these Rules and by clicking the œI Agree  button, the applicant is deemed to have understood and accepted all such Terms and Conditions including the mandatory undertakings enumerated under Section 2, Rule III hereof as posted on the web-enabled BN registration system.

Online applications filed by refugees and stateless persons shall be acted upon compliance with the supporting documentary requirements enumerated under Section 2.2.2 of this Rule at any DTI Office.


RULE III
THE APPLICATION FORM

Section 1. Information Required - The applicant shall supply all the necessary information as required in the Application Form as prescribed in Annex B.

Section 2. Mandatory Undertaking - The applicant shall declare, warrant and represent that:

2.1 all information supplied in the application filed are true and correct to the best of his/her belief and knowledge;

2.2 he/she undertakes to immediately inform the DTI of any and all changes in his/her business and personal details and understands that failure to do so shall be a ground for the cancellation/revocation of his/her BN registration;

2.3 any false or misleading information supplied, or production of false or misleading document to support the application shall be a ground for the automatic denial of the application, automatic cancellation and/or revocation of the BN registration and/or filing of appropriate criminal, civil and/or administrative action against him/her;

2.4 he/she undertakes to voluntarily cancel or change the BN upon receipt of notice or order from the DTI or upon conclusive determination that a prior owner  and  lawful  user  of  an  identical  or  confusingly  similar  BN  exists pursuant to Section 2, Rule X hereof;

2.5 he/she understands and undertakes to comply with the provisions of Act No. 3883, as amended, and its implementing rules and regulations and other related laws and rules;

2.6 he/she understand that a post-evaluation may be conducted after the registration process and understands that any negative findings may be ground for the cancellation of my BN registration from the records of DTI upon failure to comply with the post-evaluation recommendations, without prejudice to the filing of criminal, civil, and/or administrative action, as applicable;

2.7 he/she  understands  and  consents  to  the  disclosure  to  the  public  of information enumerated under Section 2, Rule VIII and Section 2, Rule XI hereof in accordance with the procedure set forth under Rule XII of these Rules; and

2.8 he/she  undertakes  full  responsibility  in  ensuring  that  his/her  proposed Business Names are registrable under these Rules.

RULE IV REGISTRABILITY
OF NAMES

Section 1. Composition of a Business Name - A Business Name should be comprised of the following in no particular order:

1.1 Dominant portion - word, group of words or a combination of letters and numerals.

1.2 Descriptor - word or group of words describing the nature of business based on the Philippine Standard Industrial Classification (PSIC) as listed in Annex C of these Rules which is to be updated regularly or as may be deemed necessary.

Section 2. Registrable Names - Any name or names, other than the true name of the applicant and not among the enumerations in Section 3 hereof can be registered as BN.

Section 3. Non-Registrable Names - The following words or group of words shall not be registered as business name:

3.1    Those  that  connote  activities  or  norms  that  are  unlawful,  immoral, scandalous or contrary to propriety;

3.2    Those  names,  words,  terms  or  expressions  used  to  designate  or distinguish, or suggestive of quality, of any class of goods, articles, merchandise, products or services;

3.3    Those that are registered as trade names, trademarks, or business names by any government agency authorized to register names or trademarks;

3.4    Those that are inimical to the security of the State;

3.5    Those that are composed purely of generic word or words;

3.6    Those that by law or regulation are restricted or cannot be appropriated;

3.7    Those that are officially used by the government in its non-proprietary functions;

3.8   Those names or abbreviations of any nation, intergovernmental or international organization unless authorized by competent authority of that nation, inter-government or international organization;

3.9    Those ordered or declared by administrative agencies/bodies or regular court not be registered;

3.10  Those names of other persons;

3.11  Those names which are deceptive, misleading or which misrepresent the nature of business.

Section 4. Request for Reconsideration - In case of denial of Business Name Registration, new application or renewal, the applicant may request for reconsideration where the application was denied within (10) working days from receipt of denial. In case of online application, the applicant may request for reconsideration before any DTI Office within ten (10) working days from receipt of the denial. The request for reconsideration shall be in writing citing therein the reason.

The Resolution on the Request for Reconsideration shall be issued within ten (10) working days from receipt thereof. The Resolution shall be final.

RULE V
TERRITORIAL SCOPE OF BUSINESS NAME

Section 1. Geographical Divisions - The territorial scope of BN registration is hereby established based on the geographical divisions below. A BN applicant shall choose the territorial scope for the BN he/she is applying for. The territorial scope for the registered BN is where he/she may locate his/her business and use the registered BN during its validity period. The DTI processor shall evaluate the registrability of the proposed BN as follows:

1.1 Barangay - If the applicant indicates his/her BN as applicable only within a particular Barangay, the same BN shall be approved provided it is not similar or confusingly similar with BNs registered within the same Barangay, within the City/Municipality and Region covering that Barangay and BNs that are National in scope;

1.2 City/Municipality - If the applicant indicates his/her BN as applicable only within a particular City/Municipality, the same BN shall be approved provided it is not similar or confusingly similar with BNs registered within the same City/Municipality and its Barangays, within the same Region covering that City/Municipality and BNs that are National in scope;

1.3 Regional - If the applicant indicates his/her BN as applicable only within a
particular Region, the same BN shall be approved provided it is not similar or confusingly similar with BNs registered within the same Region and all Cities/Municipalities and Barangays under it and BNs that are National in scope;

1.4 National - If the applicant indicates his/her BN as applicable in National, the same BN shall be approved provided it is not similar or confusingly similar with all registered BNs.

Territorial scope is the scope of the location area where a business may locate using its registered BN regardless of the number of branches/outlets which may be set up therein and is not to be considered the geographical limit within which to transact business.

Section  2.  Change  in  Territorial  Scope.  -  The  Territorial  Scope  may  be changed subject to the specific provisions on registrability and shall have the effect of new application for BN registration, which includes issuance of a new Certificate of BN Registration and new validity period replacing the previous BN registration, and other such implications as provided in these Rules.

2.1 Provided that the following requirements are presented/submitted at any DTI office:

a.   Submission of Other BN-Related Application Form prescribed in Annex D signed by the registered BN owner;

b.   Presentation of one (1) valid ID of the registered BN owner as listed in Annex A;

c.   Submission of authorization letter upon filing of the application if filed by a representative and presentation of the authorized representative ™s valid ID as listed in Annex A; and

d.   Payment of fee prescribed in Annex E.

Other documents required by subsequent laws and regulations, if any, shall likewise be submitted.

RULE VI FEES

Section 1. Application Fees - DTI, through the available ePayment facility or its Regional/Provincial  Offices/Negosyo  Centers  or  authorized  personnel  shall collect the fees prescribed in Annex E hereof. All fees collected shall not be refundable.

Section 2. Payment Options - Applications which are lodged online may also be paid over-the-counter at any Regional/Provincial Offices/Negosyo Centers or to authorized personnel and shall be accepted at the priority lane and acted upon subject to the complete presentation/submission of the following requirements:

a.   Presentation of one (1) valid ID as listed in Annex A;

b.    Submission of the Undertaking document downloaded from the web-enabled BN Registration System (BNRS) and signed by the owner of the BN application.  A  representative  is  not  allowed  to  sign  the  Undertaking document. In case that the applicant failed to download said document from the BNRS, the applicant shall be provided with an Undertaking document as prescribed in Annex F to be signed and submitted to any DTI Office. A physical application form is no longer required as long as his/her application can be verified to have been lodged online and his BN reservation period of five (5) working days has not yet expired; and

c.   Payment of fee prescribed in Annex E.

RULE VII
RENEWAL PERIOD
Section 1. Early Filing - The application for renewal of BN Registration may be filed with one hundred eighty (180) calendar days prior to its expiration. Nevertheless, the date of renewal of the BN Registration shall still commence on the day following the previous expiry date.

Section 2. Regular Filing - The application for a renewal of a BN Registration may be filed within ninety (90) calendar days after its expiration.

Section 3. Late Filing (Grace Period for Renewal) - After the lapse of regular filing period, a BN registration may still be renewed within the next ninety (90) calendar days subject to payment of a surcharge of Fifty Percent (50%) of the registration fee.

Application for renewal of BN registration after the grace period shall no longer be accepted. All BN Registrations not renewed shall be immediately cancelled pursuant to Section 1.3.1, Rule IX of these Rules and shall be made available for application.

RULE VIII
CERTIFICATE OF BUSINESS NAME REGISTRATION

Section 1. Issuance of Certificate of Business Name Registration - The Certificate of Business Name Registration shall be issued upon successful completion of the registration process.

Section  2.  Standard  Information -  The  Certificate  of  Business  Name Registration shall contain the following information:

2.1 Approved Business Name;

2.2 Territorial Scope;

2.3 Name of the BN Owner;

2.4 Validity Period;

2.5 Office, name, position and signature of the DTI authorized signatory;

2.6 BN Number;

2.7 Payment of Documentary Stamp Tax.

Section 3. Validity - The Certificate of Business Name Registration shall be valid for five (5) years from the date of issuance thereof.

Section   4.   Display   of   Signage   and   Certificate   of   Business  Name Registration - The Business Name signage must be displayed outside the place of business to ensure visibility to the public. Likewise, the Certificate of Business Name Registration must be conspicuously displayed at the place of business, at all times.

Section 5. Use of the Certificate of Business Name Registration - The Certificate of Business Name Registration shall be exclusively used by the owner for the registered purpose/business and within its territorial scope.
The use of the Certificate of Business Name Registration by any person other than the registered owner for whatever purpose is prohibited.

Section 6. Changes of Information or Amendments to the Certificate of Business Name Registration - Changes or Amendments of information related to the Business Name Registration is allowed provided that the following requirements are presented/submitted at any DTI Office:

6.1 Change or amendment of the BN owner ™s name by virtue of marriage or judidical decree:

a.   Submission of Other BN-Related Application Form prescribed in Annex D signed by the registered BN owner;

b.   Presentation of one (1) valid ID of the registered BN owner as listed in Annex A;

c.  Submission of a clear certified copy of the marriage certificate or appropriate judicial decree or presentation of the original marriage certificate and submission of a duplicate copy thereof;

d.   Submission of authorization letter upon filing of the application if filed by a representative and presentation of the authorized representative ™s valid ID as listed in Annex A; and

e.   Payment of fee prescribed in Annex E.

Once change is effected a corresponding Certificate of BN Registration shall be issued with the new name of the BN owner.

6.2 Change or amendment of residence and/or business address and other business information:

a.   Submission of Other BN-Related Application Form prescribed in Annex D signed by the registered BN owner;

b.   Presentation of one (1) valid ID of the registered BN owner as listed inAnnex A;

c.   Submission of Authorization Letter upon filing of the application if filed by a representative and presentation of the authorized representative ™s valid ID as listed in Annex A; and

d.   Payment of fee prescribed in Annex E.

Provided, the new business address remains within the registered territorial scope. Otherwise, the rules on change of territorial scope under Section 2, Rule V in relation to Section 1, Rule IX hereof shall apply.

Once  change  is  effected  a  corresponding  Certification  signed  by  an authorized  signatory  shall  be  issued  as  an  addendum  to  the  original Certificate of BN Registration.

Other documents required by subsequent laws and regulations, if any, shall likewise be submitted.

RULE IX
CANCELLATION OF THE CERTIFICATE OF BN REGISTRATION

Section 1. Types of Cancellation:

1.1 Voluntary Cancellation - The BN owner, at his/her own initiative, may request for the cancellation of his/her BN at any DTI Office under any of the following conditions:

1.1.1 Ceasing to carry on with the business under the BN prior to its expiry date;

1.1.2 Sale or transfer of the business to any other person;

1.1.3 Upon BN owner ™s conclusive determination that a prior owner and lawful user of an identical or confusingly similar BN exists;

1.1.4 Transfer  of  business  to  another  geographical  location  beyond  or outside the registered BN ™s territorial scope.

Provided that the following requirements shall be presented/submitted and that due diligence will be conducted within seven (7) days from receipt of the written request:

a.   Submission of Other BN-Related Application Form prescribed in Annex D signed by the registered BN owner;

b.   Presentation of one (1) valid ID of the BN owner as listed in Annex A;

c.   Submission  of  a  declaration  under  oath  that  the  cancellation  is  not intended to defraud creditors and that he/she has no outstanding and pending financial obligation in connection with his/her business or that he/she has notified all the creditors of such cancellation, as the case may be;

d.   Submission of Authorization Letter upon filing of the application if filed by a representative and presentation of the authorized representative ™s valid ID as listed in Annex A; and

e.   Payment of fee prescribed in Annex E.

Other documents required by subsequent laws and regulations, if any, shall likewise be submitted.

1.2 Mandatory Cancellation - The DTI may cause the cancellation of the BN registration in any of the following instances:

1.2.1 For violations enumerated in Section 1, Rule X hereof, after due notice and hearing;

1.2.2 Upon order by an administrative body, court or tribunal, which has become final and executory;

1.2.3 Upon receipt of notice of cancellation of the BN owner ™s business permit or license issued by any government regulatory agency for the conduct of business;

1.2.4 Cancellation,  revocation  or   cessation  of   recognized  refugee  or stateless  person  status  in  accordance  with  the  DOJ  Department Circular No. 58 dates 1 October 2012 including all future amendments, modifications, or revisions thereof.

The DTI - Competitiveness Bureau shall cancel BN registrations upon receipt of orders from the Regional/Provincial Office/Fair Trade Enforcement Bureau under Section 1.2.1 or writ of execution by an administrative body, tribunal, or court under Section 1.2.2.

1.3 Automatic Cancellation - The DTI shall automatically cancel a registered BN under any of the following instances:

1.3.1 Failure to renew the BN Registration within the grace period provided under Rule VII;

1.3.2 Death of the owner - Upon receipt of information about the death of the BN owner from an informant (registered BN owner ™s relative). Informant shall submit Other BN-Related Application Form (Annex D) signed by the informant together with a clear certified copy of the death certificate of the registered BN owner and a copy of the information ™s valid ID as listed in Annex A.


RULE X
REVOCATION OF THE CERTIFICATE OF BN REGISTRATION

Section 1. Grounds for Revocation - After due notice and hearing, a BN registration may be revoked motu propio or upon petition by an interested party on the following grounds:

1.1 Upon any false or misleading information in the application for registration or engaging in acts of misrepresentation for the purpose of securing registration or renewal thereof such as submission of materially false or misleading document or false entry in the application form;

1.2 Failure to secure business permit within a period of six (6) months from registration of the BN;

1.3 Use of the BN for an immoral or illegal purpose or if a business is found to be involved in immoral or unlawful activity;

1.4 Contravention or failure to comply with any provisions of these rules; and

1.5 Gross violation of any law implemented by the Department.

Section 2. Procedure for Revocation - The rules and procedure concerning complaints, petitions, or formal charges for revocation of business name registration shall be governed by Department Administrative Order No. 7, Series of 2006, including all future amendments, modifications, or revisions thereof, and the penalties under Executive Order No. 913, series of 1983, as amended.

Upon receipt of final orders from the Office exercising jurisdiction over the compliant, petition or formal charge for revocation of BN registration or writ of execution by an administrative body, tribunal, or court, the DTI shall revoke the BN registration, which shall be immediately executory unless restrained by a restraining order from a court.

The filing of a complaint, petition, or formal charge for revocation of business name registration in accordance with these Rules shall not bar the filing of appropriate civil and/or criminal action in the proper court.

RULE XI
ACCESS TO INFORMATION

Section 1. Right of Access to Information by the Public. - The public ™s right of access to information is recognized, subject to the limitations provided by applicable laws, rules and regulations, and payment of applicable fees. Such information deemed available to the public shall, upon request, be disclosed in the form of a Certification.

Section  2.  Requests  for  Information  Appearing  on  the  Certificate  of Business Name Registration - Requests for any of the following information even without notice to the owner, may be granted:

2.1 Approved Business Name;

2.2 Territorial Scope;

2.3 Name of the BN Owner;

2.4 Validity Period;

2.5 Office, name, position and signature of the DTI authorized signatory;

2.6 BN Number;

2.7 Payment of Documentary Stamp Tax.

Section 3. Request for Other Personal/Classified/Confidential Information - Request  for  information  other  than  those  enumerated  in  Section  2  may  be granted, provided that, the same is in writing and with the written consent of the owner, or when subpoenaed by the court.


Section 1. Request for Certification related to the Certificate of BN Registration - Pursuant to Rule XI of these Rules, the DTI may issue certifications relative to the Certificate of Business Name Registration upon submission of Other BN-Related Application Form prescribed in Annex D, presentation of a valid ID as indicated in Annex A, and payment of fee prescribed in Annex E.

The Regional/Provincial Director or authorized personnel with access to the BN registration system shall sign the Certification.

Section 2. Request for Authentication or Certified True Copy of the BN Certificate of Registration - Upon request by a registered BN owner, the DTI shall  authenticate  and/or  issue  certified  true  copies  of  a  BN  Registration Certificate upon submission of Other BN-Related Application Form prescribed in Annex D, presentation of a valid ID as indicated in Annex A, and payment of fee prescribed in Annex E.

The Regional/Provincial Director or authorized personnel with access to the BN registration system shall sign the certified true copy of the BN Certificate of Registration.

Only  the  registered  BN  owner  may  be  issued  a  certified  true  copy  or authenticated copy of his/her BN certificate in accordance with Section 5, Rule VIII hereof.

Section 3. Administrative Actions - Procedures in resolving administrative actions arising from violation/s of Act No. 3883, as amended, and these Rules shall be based on Department Administrative Order No. 7, Series of 2006, including all subsequent amendments, revisions, or modifications thereof, and penalties under Executive Order No. 913, Series of 1983, as amended. The filing of an administrative case hereunder shall not bar the filing of the appropriate civil and/or criminal action in the proper court.

Section 4. Prescriptive Period - Complaint or formal charge for violation/s of Act No. 3883, as amended, and these Rules, shall be filed within three (3) years from  the  day  of  the  commission  of  the  violation/offense  or  if  such  date  is unknown at that time, then from the discovery thereof. After the said three (3) year period, the filing thereof shall be barred.

RULE XIII
RESPONSIBILITIES OF IMPLEMENTING OFFICES
Section 1. Implementing Offices; Functions - For the effective and efficient implementation of these Rules, hereunder is the delineation of responsibilities over BN Registration:

1.1 DTI-Comprehensive Bureau (CB)

1.1.1 Oversee,  administer,  and  monitor  the  implementation  of  Business Name Registration by DTI Regional/Provincial Office and Negosyo Center;

1.1.2 Formulate  and  prescribe  policy  and  guidelines  for  the  effective, efficient, and harmonious implementation of the Business Name Law and its Implementing Rules and Regulations;

1.1.3 Perform periodic review of its implementation including the conduct of BN-Related trainings/activities within the DTI offices;

1.14  Undertake all other measures deemed necessary for the discharge of its functions and responsibilities;

1.1.5 Cancel BN Registration upon receipt of orders from Regional/ Provincial/NCR Office or writ of execution by an administrative body, tribunal, or court; and

1.1.6 The Director/Assistant Director/Supervising Head of the BNRS shall exercise the delegated authority of the Secretary under the BN Law to receive and process requests for certification from government offices and agencies, government-owned or controlled corporations and other government instrumentalities and to appear/testify in any judicial or quasi-judicial body as may be required.

1.2 DTI-Regional and Provincial Offices including the NCRO

1.2.1 Accept, review and process applications for BN Registration and issue certificates of BN registration;

1.2.2 Accept payment of fees related to BN registration;

1.2.3 Receive requests for BN statistical reports and listings;

1.2.4 Exercise, as may be appropriate, visitorial power, monitoring, and enforcement within their territorial jurisdiction to ensure the efficient and effective compliance with Act 3883 as amended, and these Rules;

1.2.5 Exercise the delegated authority of the Secretary under the BN Law to receive and process requests for certification form government offices and agencies, government-owned or controlled corporations and other government instrumentalities and to appear/testify in any judicial or quasi-judicial body as may be required;

1.2.6 Receive and process requests for Certification and authentication of BN Certificates of Registration;

1.2.7 Exercise the delegated adjudicatory function of the Secretary under E.O No. 913, series of 1983, as amended to take cognizance of and act   upon   requests   for   reconsideration   from  applicants   whose application was denied by any Office within their jurisdiction;

1.2.8 Exercise  such  other  delegated  authority  under  E.O.  No.  913,  this Order   and   DAO   No.   7,   Series   of   2006,   including  all   future amendments, modifications, or revisions thereof to take cognizance of and act upon complaints, petitions, or formal charges for revocation of business name registration and submit Order to DTI-CB to complete the revocation process;

1.2.9 Process  the  request  for  voluntary  cancellation  in  accordance  with Section 1.1 of Rule IX hereof;

1.2.10 Undertake such other measures, in coordination with the Competitive Bureau, as may be deemed necessary to improve the registration process that is aligned with the ease of doing business program of the government and ensure that all BN tellers and frontliners observe a high level of public service ethical standards and client satisfaction at all times.

The DTI Negosyo Centers may also be authorized to perform any of the above mentioned functions as may be deemed appropriate.

1.3 The Information System Management Service (ISMS) shall keep and maintain the BN Registry, manage all technical initiatives and perform such other technical functions necessary for the development and enhancement of the web-enabled BN registration system, including the enabling environment and operations of its application maintenance and production support.

1.4 The Fair Trade Enforcement Bureau (FTEB) shall monitor and enforce compliance of the provisions of Act No. 3883, as amended, and this Order within the National Capital Region.

1.5 The Legal Service (LS) shall provide legal support for the effective, efficient, and harmonious implementation of the Business Name Law and its implementing rules and regulations.

RULE XIV
SUSTAINABILITY

Section 1. Contingency Plan - To consistently provide efficient service, a contingency plan shall be implemented by DTI to sustain processing of BN registration in case of any event that might disrupt operations (e.g. system downtime, power interruption, intermitted internet connectivity).

RULE XV FINAL PROVISIONS

Section 1. Separability Clause. - The provisions of these Rules are hereby declared separable. In the event any of such provisions are declared invalid by a competent court, the other provisions shall remain valid and effective.

Section 2. Repealing Clause. - Any and all DTI orders, rules and regulations, guidelines and policies that are inconsistent herewith are hereby repealed.

Section 3. Effectivity. - This Department Administrative Order shall take effect fifteen (15) days after its publication in the Official Gazette and/or in a newspaper of general circulation and the filing of three (3) copies hereof with the Office of the National Administrative Register (ONAR) of the University of the Philippines Law Center pursuant to Memorandum Circular 11 dated 09 October 1992 of the Office of the President.

Issued and signed this 13th day of August 2018 in Makati City, Philippines.


APPROVED BY:

(SGD) RAMON M. LOPEZ
Secretary

RECOMMENDED BY:

(SGD) ATTY. ROWEL S. BARBA
Undersecretary, Competitiveness and Ease of Doing Business Group