Revised Rules Implementing Act No. 3883

Constitutional policy and enabling laws

The DTI implements the policy that the private sector’s role is recognized, private enterprise is encouraged, and incentives support needed investments under Section 20, Article II of the 1987 Constitution.
The DTI implements the principle that property has a social function and economic agents must contribute to the common good, under Article XII, Section 6 of the 1987 Constitution.
The Order recognizes that Act No. 3883 requires a person intending to engage in business to register a business name with the former Director of Commerce (now under DTI) before using the name in business transactions.
The Order is anchored on the DTI Secretary’s rulemaking authority to make rules for implementation under Executive Order No. 913 dated October 7, 1983 and Executive Order No. 292 dated July 25, 1987 (Administrative Code of 1987).
The Order consolidates and streamlines DTI rules relevant to Act No. 3883, aligning with the Ease of Doing Business and Efficient Delivery of Government Services Act of 2018 (Republic Act No. 11032).

Purpose and objectives

The Rules regulate business names used in transactions to protect the public dealing with businesses through disclosure of the name and the real identity of the business owner.
The Rules provide streamlined requirements for processing BN applications to promote ease of doing business.
The Rules establish guidelines on disclosure of information appearing in DTI records, subject to existing rules and future amendments under the Data Privacy Act and the Freedom of Information Act.

Core definitions and key terms

Applicant means a natural person who may be a Filipino citizen, an authorized non-Philippine national, or a recognized refugee/stateless person.
Application means an application for Business Name Registration.
Authorized non-Philippine National means a foreign national authorized to transact business in the Philippines under Republic Act No. 7042 and related immigration and implementing laws.
Authorized Personnel means the person officially designated to perform duties related to business name registration.
Business Name (BN) means any name used or signed by a natural person in connection with business transactions on receipts, contracts not verified by a notary public, evidences of business transaction, business signs/styling, or conspicuously exhibited in or at the place where business is concluded, when used other than the true name.
BN Number (BNN) is the series of numbers assigned to a registered BN.
BN Certification is the document issued by DTI for requests for certification of a BN under Rule XI.
BN Owner is the individual who holds a valid Certificate of BN Registration.
Certificate of BN Registration is the document issued as proof of successful BN registration.
DOJ-RSPPU means the Department of Justice—Refugee and Stateless Person Protection Unit.
DTI means the Department of Trade and Industry.
Natural Persons include Filipino citizens, authorized non-Philippine nationals, recognized refugees, and recognized stateless persons as defined in the Rules.
New Application is the first filing with DTI; an application filed beyond the applicable grace period is treated as a new application.
Recognized Refugee and Recognized Stateless Person mean persons whose refugee/stateless applications are approved and issued written recognition by the DOJ-RSPPU, using the corresponding legal criteria and definitions stated in the Rules.
Renewal Application means application for renewal of BN registration within the period prescribed.
Territorial Scope for BN is the geographic area where offices/stores/shops/branches/plants/structures may be located, or where the BN may be used without prejudice to engaging in business elsewhere.
True Name is the natural person’s full name as appearing in identification documents.

Who may register and what qualifies

Only the following may apply for Business Name Registration:
- a Filipino citizen who is at least eighteen (18) years of age; or
- a non-Philippine national who obtained a Certificate of Registration of Sole Proprietorship under Republic Act No. 7042 and is at least 18 years of age; or
- a refugee or stateless person at least 18 years of age who has a written recognition from DOJ-RSPPU whose recognition is not subject to cancellation, revocation, or cessation.
For an authorized non-Philippine national whose home country law sets a legal/contract age lower than 18, proof of that lower age is required.
The Rules apply to BN registration by natural persons: Filipino citizens, authorized non-Philippine nationals, recognized refugees, and recognized stateless persons.
A Business Name must be composed of:
- a dominant portion consisting of a word, group of words, or a combination of letters and numerals; and
- a descriptor consisting of a word or group of words describing the nature of business based on PSIC as in Annex C (updated regularly or as deemed necessary).

Registrability rules, restrictions, and reconsideration

Any BN not using the applicant’s true name and not falling under the non-registrable enumerations may be registered.
The following are not registrable as a business name:
- those that connote unlawful, immoral, scandalous activities or norms or are contrary to propriety;
- those that designate or distinguish or suggest the quality of any class of goods, articles, merchandise, products, or services;
- those that are registered as trade names, trademarks, or business names by any government agency authorized to register names or trademarks;
- those inimical to the security of the State;
- those composed purely of generic words or words;
- those restricted or incapable of appropriation under law or regulation;
- those officially used by government in its non-proprietary functions;
- names or abbreviations of any nation, intergovernmental or international organization unless authorized by the competent authority of that nation, inter-government, or international organization;
- names ordered or declared by administrative agencies/bodies or regular courts not to be registered;
- names of other persons;
- deceptive, misleading, or misrepresenting the nature of business.
If BN registration, renewal, or any related application is denied, the applicant may request reconsideration in writing:
- within ten (10) working days from receipt of denial; and
- if the application was online, before any DTI Office within the same ten (10) working days from receipt of denial.
The Resolution on reconsideration must be issued within ten (10) working days from receipt of the reconsideration request and is final.

Application, mandatory undertakings, and required documents

The applicant must supply all necessary information required in the prescribed Application Form (Annex B).
For walk-in/over-the-counter applications, the applicant must:
- present one (1) valid government-issued ID listed in Annex A;
- submit one (1) duly accomplished DTI-prescribed application form (Annex B) signed by the applicant;
- submit an Authorization Letter upon filing by a representative and present the authorized representative’s valid ID listed in Annex A.
For non-Philippine nationals, the applicant must additionally submit:
- a duly accomplished Annex B application form signed by the applicant;
- a clear certified copy of the Alien Certificate of Registration;
- a Certificate of Registration for Sole Proprietorship/Certificate of Authority to engage in business in the Philippines issued by the concerned DTI office under RA 7042 as amended by RA 8179, RA 8762, or other applicable laws as the case may be.
For online applications, a signed application form is no longer required because the accomplished online application is treated as equivalent to the duly accomplished physical form, subject to BN registration system Terms and Conditions and an “I Agree” undertaking.
For refugees/stateless persons, the applicant must submit:
- a duly accomplished Annex B application form signed by the applicant; and
- a clear certified copy of the Certificate of Recognition issued by the DOJ-RSPPU showing recognition, or submission of the original certificate and a duplicate copy.
Other documents required by subsequent laws and regulations must also be submitted.
Online applications filed by refugees and stateless persons are acted upon upon compliance with the supporting documents for refugees/stateless persons under the Rules.

Mandatory undertaking by applicants

Applicants must declare, warrant, and represent that:
- all information supplied are true and correct to the best of belief and knowledge;
- they will immediately inform DTI of all changes in business and personal details, and failure is a ground for cancellation/revocation;
- false/misleading information or false/misleading documents are grounds for automatic denial, automatic cancellation and/or revocation, and filing of appropriate criminal/civil/administrative action;
- they will voluntarily cancel or change the BN upon notice/order from DTI or upon conclusive determination of a prior owner/lawful user of an identical or confusingly similar BN exists under the Rules;
- they will comply with Act No. 3883 as amended and the implementing rules and other related laws;
- a post-evaluation may be conducted and negative findings may be grounds for cancellation upon failure to comply with post-evaluation recommendations, without prejudice to criminal/civil/administrative actions;
- they consent to disclosure to the public of information enumerated under Section 2, Rule VIII and Section 2, Rule XI following Rule XII procedures; and
- they take full responsibility to ensure proposed business names are registrable under the Rules.

Territorial scope selection and changes

An applicant must choose a BN Territorial Scope and the DTI evaluates registrability based on that scope:
- Barangay scope: approval is allowed if the proposed BN is not similar or confusingly similar with BNs registered within the same Barangay, within the City/Municipality and Region covering that Barangay, and with BNs that are National in scope;
- City/Municipality scope: approval is allowed if 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 with National-scope BNs;
- Regional scope: approval is allowed if not similar or confusingly similar with BNs registered within the same Region, including all Cities/Municipalities and Barangays under it, and with National-scope BNs;
- National scope: approval is allowed if 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 during validity and is not the geographical limit within which to transact business.
Changing Territorial Scope is treated as a new BN application and requires a new Certificate of BN Registration and new validity period replacing the previous registration.
To change territorial scope, the registered BN owner must submit at any DTI office:
- the Other BN-Related Application Form (Annex D) signed by the owner;
- presentation of one (1) valid ID of the registered BN owner (Annex A);
- an Authorization Letter if filed by a representative and presentation of the authorized representative’s valid ID (Annex A);
- payment of the fee prescribed in Annex E.

Fees and payment handling

DTI collects BN fees through available ePayment, DTI Regional/Provincial Offices/Negosyo Centers, or authorized personnel using the fees prescribed in Annex E.
All collected fees are not refundable.
Online applications may also be paid over-the-counter at any Regional/Provincial Offices/Negosyo Centers or authorized personnel, accepted at the priority lane, and processed subject to:
- presentation of one (1) valid ID (Annex A);
- submission of the downloaded Undertaking document from the web-enabled BNRS signed by the BN application owner (a representative cannot sign);
- if the applicant failed to download it, submission of an Undertaking document prescribed in Annex F signed and filed at any DTI office;
- payment of the fee under Annex E.
A physical application form is no longer required if the application is verified as lodged online and the BN reservation period of five (5) working days has not expired.

Renewal periods, surcharges, and cancellation for non-renewal

Renewal may be filed one hundred eighty (180) calendar days prior to expiration, but the renewal date starts on the day following the previous expiry date.
Renewal may be filed within ninety (90) calendar days after expiration (regular filing).
After the lapse of regular filing, renewal may still be made within the next ninety (90) calendar days subject to payment of a surcharge equal to Fifty Percent (50%) of the registration fee.
Renewal after the grace period is not accepted.
BN registrations not renewed are immediately cancelled pursuant to Section 1.3.1, Rule IX, and are made available for application.

Certificate issuance, validity, and mandatory display

DTI issues the Certificate of Business Name Registration upon successful completion of the registration process.
The Certificate must contain:
- the approved Business Name;
- Territorial Scope;
- name of the BN Owner;
- validity period;
- office, name, position, and signature of the DTI authorized signatory;
- BN Number;
- payment of documentary stamp tax.
The Certificate is valid for five (5) years from the date of issuance.
BN signage must be displayed outside the place of business for public visibility.
The Certificate must be conspicuously displayed at the place of business at all times.
The Certificate must be used exclusively by the owner for the registered purpose/business within the territorial scope.
Use of the Certificate by any person other than the registered owner for any purpose is prohibited.

Changes and amendments to the BN certificate

Changes/amendments are allowed upon submission at any DTI office of the following:
- Other BN-Related Application Form (Annex D) signed by the registered BN owner;
- presentation of one (1) valid ID (Annex A);
- Authorization Letter and presentation of authorized representative’s valid ID (Annex A) if filed by a representative;
- payment of fees under Annex E.
Change of BN owner’s name due to marriage or judicial decree requires submission of a clear certified copy of the marriage certificate or the appropriate judicial decree, or the original marriage certificate plus a duplicate copy.
After an owner-name change, DTI issues a corresponding Certificate reflecting the new owner name.
Change of residence and/or business address and other business information is allowed provided the new address remains within the registered territorial scope.
If the new business address is outside the registered territorial scope, the change follows the territorial scope change process under Section 2, Rule V in relation to Section 1, Rule IX.
After changes are effected, DTI issues a certification signed by an authorized signatory as an addendum to the original Certificate.

Voluntary cancellation, mandatory cancellation, and automatic cancellation

The BN owner may request voluntary cancellation at any DTI office upon any of these conditions:
- ceasing to carry on business under the BN prior to expiry;
- sale or transfer of the business to another person;
- conclusive determination that a prior owner/lawful user of an identical or confusingly similar BN exists;
- transfer of the business to another geographical location beyond/outside the registered BN territorial scope.
DTI conducts due diligence within seven (7) days from receipt of the written request, provided the voluntary cancellation request submits:
- Other BN-Related Application Form (Annex D) signed by the registered BN owner;
- presentation of one (1) valid ID (Annex A);
- an oath declaration that cancellation is not intended to defraud creditors and that there are no outstanding/pending financial obligations related to the business, or proof of notice to all creditors;
- Authorization Letter and authorized representative’s valid ID (Annex A) if applicable;
- payment of fees under Annex E.
DTI may cause mandatory cancellation after due notice and hearing for violations under Section 1, Rule X, and on these additional grounds:
- an order by an administrative body, court, or tribunal that has become final and executory;
- receipt of notice of cancellation of the BN owner’s business permit or license from a government regulatory agency;
- cancellation, revocation, or cessation of recognized refugee or stateless person status in accordance with DOJ Department Circular No. 58 dated 1 October 2012, including future amendments.
The DTI Competitiveness Bureau cancels BN registrations upon receipt of:
- orders from Regional/Provincial Office/Fair Trade Enforcement Bureau under Section 1.2.1, Rule IX; or
- writ of execution by an administrative body, tribunal, or court under Section 1.2.2, Rule IX.
DTI automatically cancels BN registrations if:
- renewal is not done within the grace period under Rule VII; or
- death of the owner occurs, upon receipt of information from an informant (relative), with submission of:
  - Other BN-Related Application Form (Annex D) signed by the informant;
  - a clear certified copy of the death certificate;
  - a copy of the informant’s valid ID (Annex A).

Grounds and procedure for revocation

After due notice and hearing, BN registration may be revoked motu propio or upon petition by an interested party on these grounds:
- false or misleading information in the application, or misrepresentation acts to secure registration/renewal, including materially false/misleading documents or false entries;
- failure to secure business permit within six (6) months from BN registration;
- use of the BN for an immoral or illegal purpose, or involvement of the business in immoral or unlawful activity;
- contravention or failure to comply with any provision of the Rules;
- gross violation of any law implemented by the Department.
Revocation procedures for complaints, petitions, or formal charges follow Department Administrative Order No. 7, Series of 2006 and future amendments, and follow penalties under Executive Order No. 913, Series of 1983 as amended.
Upon receipt of final orders or writ of execution, DTI revokes the BN registration, which is immediately executory unless restrained by a court restraining order.
Filing a complaint/petition/formal charge for revocation does not bar filing appropriate civil and/or criminal actions in the proper court.

Access to BN information and certifications

The public has a right of access to information subject to applicable limitations and payment of applicable fees, and information deemed available is disclosed upon request in the form of a Certification.
Requests for these Certificate-related items may be granted even without notice to the owner:
- approved Business Name;
- Territorial Scope;
- name of the BN owner;
- validity period;
- DTI authorized signatory details;
- BN Number;
- payment of documentary stamp tax.
Requests for other personal/classified/confidential information may be granted if:
- in writing with the written consent of the owner; or
- subpoenaed by the court.

Procedural rules: certifications, authentication, and limitations

For certifications related to the BN Certificate, DTI issues certifications upon submission of Other BN-Related Application Form (Annex D), presentation of a valid ID (Annex A), and payment of fees under Annex E.
Certifications are signed by the Regional/Provincial Director or authorized personnel with access to the BN registration system.
Upon request by a registered BN owner, DTI authenticates and/or issues certified true copies of a BN Certificate upon submission of Other BN-Related Application Form (Annex D), presentation of a valid ID (Annex A), and payment of fees under Annex E.
Authentication/certified true copies are signed by the Regional/Provincial Director or authorized personnel with access to the BN registration system.
Only the registered BN owner may be issued a certified true copy or authenticated copy in accordance with the Rules.
Administrative actions follow Department Administrative Order No. 7, Series of 2006 and penalties under Executive Order No. 913, Series of 1983 as amended; filing an administrative case does not bar civil and/or criminal action in court.
Complaints or formal charges for violations of Act No. 3883 and the Rules must be filed within three (3) years from the day of commission, or from discovery if the date is unknown; filing after that period is barred.

Implementing offices and responsibilities

DTI-Comprehensive Bureau (CB):
- oversees, administers, and monitors BN registration by DTI regional/provincial offices and Negosyo Centers;
- formulates policy and guidelines for effective, efficient, harmonious implementation;
- conducts periodic review and BN-related trainings/activities;
- cancels BN registration upon receipt of orders from Regional/Provincial/NCR Office or writ of execution;
- delegates functions through the Director/Assistant Director/Supervising Head of the BNRS to receive and process certification requests for government offices/agencies and GOCCs/other instrumentalities and to appear/testify in judicial or quasi-judicial proceedings as required.
DTI-Regional and Provincial Offices including the NCR Office (NCRO):
- accept, review, and process BN registration applications and issue BN certificates;
- accept BN registration fees;
- receive BN statistical report requests and listings;
- exercise visitorial power, monitoring, and enforcement within territorial jurisdiction;
- receive and process certification requests for government offices/agencies and GOCCs/other instrumentalities and to appear/testify when required;
- adjudicate reconsideration requests for applicants whose applications were denied within their jurisdiction;
- take cognizance of complaints/petitions/formal charges for revocation and submit the order to DTI-CB to complete revocation;
- process voluntary cancellations under Rule IX;
- ensure frontliners and BN tellers observe public service ethical standards and client satisfaction, in coordination with the Competitive Bureau.
DTI Negosyo Centers are authorized to perform appropriate functions delegated under the Rules.
Information System Management Service (ISMS) maintains the BN Registry and manages technical initiatives and functions for the web-enabled BN registration system, including maintenance and production support.
Fair Trade Enforcement Bureau (FTEB) monitors and enforces compliance within the National Capital Region.
Legal Service (LS) provides legal support for implementation of the Business Name Law and the implementing rules.

Operational continuity and final clauses

DTI implements a contingency plan to sustain BN processing during events that disrupt operations (including system downtime, power interruption, or intermittent internet connectivity).
The Rules contain a separability clause: if any provision is declared invalid by a competent court, the remaining provisions remain valid and effective.
The Rules repeal any DTI orders, rules, regulations, guidelines, and policies inconsistent with these Rules.
The Rules take effect under the publication and ONAR filing requirements stated in the effectivity section.