LAW SALIENT FEATURES
RA 3883 BUSINESS NAME The primary purpose of this law is
LAW to provide protection to the public
dealing with business
establishment through disclosure of
the identity and citizenship of the
person owning and operating the
business as well as other facts of
records in DTI.
It also aimed at preventing a
business establishment from using
a name that is identical or
confusingly similar to the name of
another registered business
establishment. This rule applies
only to natural persons doing
business or proposing to do
business in the Philippines.
These rules shall apply to all
natural persons doing business in
the Philippines using a Business
Name. Juridical Persons such as a
corporation whether a stock or
non-stock, and a partnership
whether general or limited, doing
business or proposing to do
business using the same name
registered with a government
agency mandated to register
names, are not covered by the law.
FORMS OF VIOLATIONS
Section 1. It shall be unlawful for any person to
use or sign, on any written or printed receipt,
including receipt for tax on business, or on any
written or printed contract not verified by a Notary
Public, or on any written or printed evidence of any
agreement or business transactions, any name used
in connection with his business other than his true
name, or keep conspicuously exhibited in plain view
in or at the place where his business is concluded, if
he is engaged in a business, any sign announcing a
firm name or business name or style, without first
registering such other name, or such firm name, or
business name, or style, in the Department of Trade
and Industry together with his true name and that of
any other person having a joint or common interest
with him in such contract, agreement, business
transaction, or business.
(As amended by Act No. 4147.)Sec. 24,
Department Order No. 10-08 amending RA
3883, grounds for revocation:
1. Making any false or misleading information in the
application for registration or engaging in acts of
misrepresentation for the purpose of securing
registration or renewal such as production of
materially false and misleading document
2. Failure to display business name in a signboard
and/ or registration certificate upon commencement
of, and while engaging in business,
3. Use of business name for an immoral or illegal
purpose or in a business found to be immoral or
unlawful activity.
REMEDY
Dispute Resolution- If two (2) or more
business name are confusingly similar,
redress mechanism will start by a
complaint filed by the aggrieved party at
the DTI Field Office.
Department Administrative Order
no. 10-01 series of 2010 Sec. 30,
Power to Review:
1. Any applicant aggrieved by the action
of the Field Office, denying the
registration of her/his proposed BN/s,
may request reconsideration in writing
to the head of the appropriate
Regional Office within 10 working
days from the disapproval,
2. An unfavourable decision of the head
of the Regional Office may be
elevated to the Director within 5
working days from receipt of the
notification of such denial. The
application shall specifically cite why
the denial of the Field Office is
erroneous, including all arguments,
authorities, and such other matter
which the person may deem relevant
to support her/his purpose. The
decision of the Director shall be final.
Department Administrative Order
no. 10-01 series of 2010 Sec. 31.2,
Prescriptive Period;
Complaint or formal charge for violation
of RA3883, as amended, shall be filed
within 3 years from the day of the
commission of the violation/offense or if
such date is unknown at that time, then
 LAW SALIENT FEATURES
RA 7581 PRICE ACT An act providing protection to
consumers by stabilizing the prices
of basic necessities and prime
commodities and by prescribing
measures against undue price
increases during emergency
situations and like occasions.
Consumer Act of the R. A. 7394- is the Consumer Act
Philippines (Republic of the Philippines, which took effect
Act No. 7394) on 15 July 1992.
Basis: It is the policy of the State
to protect the interest of the
consumer, promote his general
welfare and to establish standards
of conduct for business and
industry.
FORMS OF VIOLATIONS
ILLEGAL ACTS OF PRICE MANIPULATION:
Hoarding – undue accumulation by a person or
combination of persons of any basic necessity and
prime commodity beyond his or their normal
inventory levels or the unreasonable limitation or
refusal to dispose of, sell or distribute the stocks of
any to the general public or the unjustified taking
out of any basic necessity and prime commodity
from the channels of production, trade , commerce
and industry
Profiteering – sale or offering for sale of any basic
necessity or prime commodity at a price grossly in
excess of its true worth. There shall be prima facie
evidence of profiteering:
-has no price tag
-misrepresented as to is weight
-adulterated or diluted
-increased by more than 10%
Cartel – any combination of or agreement between
two or more persons engaged in the production,
manufacture, processing, storage, supply,
distribution, marketing, sale or disposition of any
basic necessity or prime commodity designed to
artificially and unreasonably increase or manipulate
its price.
REMEDY
from the discovery. After the 3 year
period, the action shall be barred.
Sec. 6. Automatic Price Control. -
Unless otherwise declared by the
President, prices of basic
necessities in an area shall automatically
be frozen at their prevailing prices or
placed under automatic
price control whenever:
(1) That area is proclaimed or declared a
disaster area or under a state of
calamity;
(2) That area is declared under an
emergency;
(3) The privilege of the writ of habeas
corpus is suspended in that area;
(4) That area is placed under martial
law;
(5) That area is declared to be in a state
of rebellion; or
(6) A state of war is declared in that
area.
Period to file a complaint: Within 2
years from the time the consumer
transaction was consummated or the
deceptive or unfair and unconscionable
act or practice was committed, and in
case of hidden defects, from discovery
thereof.
 The administrative complaint shall
 LAW SALIENT FEATURES FORMS OF VIOLATIONS REMEDY

Objectives: be filed in the Provincial Office of

Protection of consumers against the Department having jurisdiction
hazards to health and safety; over the subject of the complaint in
Protection of consumers against areas.
deceptive, unfair and  Evidence available should be
unconscionable sales acts and brought by the complainant to the
practices; DTI Provincial Office, such as the
Provision of information and following:
education to facilitate sound choice 1. Product bought, preferably
and the proper exercise of rights unopened or sealed;
by the consumer; 2. Photocopy of the receipt issued
Provision of adequate rights and to as evidence of the sale;
means of redress. 3. Brochures advertising the
When applicable ?: product.
If the COMPLAINANT is a natural Remedies:
person; Repair of product or services
If the SUBJECT of the violation is Replacement of product or service
a consumer product or service; and Refund of payment made
If the NATURE of the complaint is Restitution or rescission of contract
regarding any of the
aforementioned concerns CONDITIONS FOR THE 3R’s
◊You can’t prove that you bought
Consumer Products and it (e.g. you don’t have a receipt)
Services Covered: ◊ You changed your mind about it;
◊ goods, service and credits, debts ◊ You have damaged it;
or obligations ◊ You knew or should have known about
◊ primarily for personal, family, a fault when you bought it (e.g.
household, or agricultural factory seconds).
purpose
◊ shall include, but not limited to
food, drugs, cosmetics, and
devices

Title II. Chapter 2 This chapter of RA. 7394 seeks Title Article 18. Prohibited Acts. – It shall be Title II. Chapter 2, Article 10.
Consumer Product to: a.) to develop and provide unlawful for any person to:
 LAW SALIENT FEATURES
Quality and Safety safety and quality standards for
consumer products, including
performance or use-oriented
standards, codes of practice and
methods of tests; b) to assist the
consumer in evaluating the quality,
including safety, performance and
comparative utility of consumer
products; c) to protect the public
against unreasonable risks of injury
associated with consumer
products; d) to undertake research
on quality improvement of products
and investigation into causes and
prevention of product related
deaths, illness and injuries; e) to
assure the public of the consistency
of standardized products
Title III. Chapter 1, RA Title III. Chapter 1, RA 9394
9394 Deceptive, promote and encourage fair,
Unfair and honest and equitable relations
Unconscionable Sales among parties in consumer
Act or Practices transactions and protect the
consumer against deceptive, unfair
and unconscionable sales acts or
practices.
FORMS OF VIOLATIONS
a) manufacture for sale, offer for sale, distribute in
commerce, or import into the Philippines any
consumer product which is not in conformity with an
applicable consumer product quality or safety
standard promulgated in this Act;
b) manufacture for sale, offer for sale, distribute in
commerce, or import into the Philippines any
consumer product which has been declared as
banned consumer product by a rule in this Act;
c) refuse access to or copying of pertinent records or
fail or refuse to permit entry of or inspection by
authorized officers or employees of the department;
d) fail to comply with an order issued under Article II
relating to notifications of substantial product
hazards and to recall, repair, replacement or refund
of unsafe products;
e) fail to comply with the rule prohibiting stockpiling.
Title III. Chapter 1,Section 50, RA 9394, the
act or practice of a seller or supplier is deceptive
when it represents that:
a) a consumer product or service has the
sponsorship, approval, performance, characteristics,
ingredients, accessories, uses, or benefits it does not
have;
b) a consumer product or service is of a particular
standard, quality, grade, style, or model when in fact
it is not;
c) a consumer product is new, original or unused,
when in fact, it is in a deteriorated, altered,
REMEDY
Whenever the departments find, by their
own initiative or by petition of a
consumer, that a consumer product is
found to be injurious, unsafe or
dangerous, it shall, after due notice and
hearing, make the appropriate order for
its recall, prohibition or seizure from
public sale or distribution: Provided,
That, in the sound discretion of the
department it may declare a consumer
product to be imminently injurious,
unsafe or dangerous, and order is
immediate recall, ban or seizure from
public sale or distribution, in which case,
the seller, distributor, manufacturer or
producer thereof shall be afforded a
hearing within forty-eight (48) hours
from such order.
Article 60. Penalties. –
a) Any person who shall violate the
provisions of Title III, Chapter I, shall
upon conviction, be subject to a fine of
not less than Five Hundred Pesos
(P500.00) but not more than Ten
Thousand Pesos (P10,000.00) or
imprisonment of not less than five (5)
months but not more than one (1) year
or both, upon the discretion of the court.
b) In addition to the penalty provided
for in paragraph (1), the court may
grant an injunction restraining the
conduct constituting the contravention
LAW SALIENT FEATURES FORMS OF VIOLATIONS REMEDY

reconditioned, reclaimed or second-hand state; of the provisions of Articles 50 and 51

and/or actual damages and such other
d) a consumer product or service is available to the orders as it thinks fit to redress injury to
consumer for a reason that is different from the fact; the person caused by such conduct.

e) a consumer product or service has been supplied

in accordance with the previous representation when
in fact it is not;

f) a consumer product or service can be supplied in

a quantity greater than the supplier intends;

g) a service, or repair of a consumer product is

needed when in fact it is not;

h) a specific price advantage of a consumer product

exists when in fact it does not;

i) the sales act or practice involves or does not

involve a warranty, a disclaimer of warranties,
particular warranty terms or other rights, remedies
or obligations if the indication is false; and

j) the seller or supplier has a sponsorship, approval,

or affiliation he does not have.

Article 52. Unfair or Unconscionable Sales Act or

Practice. – An unfair or unconscionable sales act or
practice by a seller or supplier in connection with a
consumer transaction violates this Chapter whether
it occurs before, during or after the consumer
transaction. An act or practice shall be deemed
unfair or unconscionable whenever the producer,
manufacturer, distributor, supplier or seller, by
taking advantage of the consumer's physical or
mental infirmity, ignorance, illiteracy, lack of time or
the general conditions of the environment or
 LAW SALIENT FEATURES
Title III. Chapter IV, The law enforce compulsory
RA 9394 labeling, and fair packaging to
Labelling and Packaging enable the consumer to obtain
accurate information as to the
nature, quality and quantity of the
contents of consumer products and
to facilitate his comparison of the
value of such products.
Labels should be visible, easily
understandable under customary
conditions of purchase or use
Labels should not be easily
detached or erased
The principal display panel of the
label should contain the following:
(i) trade name or brand name of
the product; (ii) general make or
active ingredients; and (iii) weight,
net quantity or size
FORMS OF VIOLATIONS
surroundings, induces the consumer to enter into a
sales or lease transaction grossly inimical to the
interests of the consumer or grossly one-sided in
favor of the producer, manufacturer, distributor,
supplier or seller.
Title III. Chapter IV, RA 9394 Article 76.
Prohibited Acts on Labeling and Packaging. – It shall
be unlawful for any person, either as principal or
agent, engaged in the labeling or packaging of any
consumer product, to display or distribute or to
cause to be displayed or distributed in commerce
any consumer product whose package or label does
not conform to the provisions of this Chapter.
Article 77. Minimum Labelling
Requirements for Consumer Products. – All
consumer products domestically sold whether
manufactured locally or imported shall indicate the
following in their respective labels of packaging:
a) its correct and registered trade name or brand
name;
b) its duly registered trademark;
c) its duly registered business name;
d) the address of the manufacturer, importer,
repacker of the consumer product in the Philippines;
e) its general make or active ingredients;
f) the net quality of contents, in terms of weight,
measure or numerical count rounded of to at least
the nearest tenths in the metric system;
g) country of manufacture, if imported; and
h) if a consumer product is manufactured, refilled or
repacked under license from a principal, the label
shall so state the fact.
REMEDY
Article 79. Authority of the
Concerned Department to Provide
for Additional Labeling and
Packaging Requirements. –
Whenever the concerned department
determines that regulations containing
requirements other than those
prescribed in Article 77 hereof are
necessary to prevent the deception of
the consumer or to facilitate value
comparisons as to any consumer
product, it may issue such rules and
regulations to:
a) establish and define standards for
characterization of the size of a package
enclosing any consumer product which
may be used to supplement the label
statement of net quality, of contents of
packages containing such products but
this clause shall not be construed as
authorizing any limitation on the size,
shape, weight, dimensions, or number of
packages which may be used to enclose
any product;
b) regulate the placement upon any
package containing any product or upon
any label affixed to such product of any
printed matter stating or representing by
implication that such product is offered
 LAW SALIENT FEATURES FORMS OF VIOLATIONS
Title III. Chapter VI, The law protect the consumer from Article 110, Chapter VI, RA 9394- False,
RA 9394 misleading advertisements and Deceptive or Misleading Advertisement. – It shall be
 Advertising and fraudulent sales promotion unlawful for any person to disseminate or to cause
Promotion practices. the dissemination of any false, deceptive or
misleading advertisement by Philippine mail or in
commerce by print, radio, television, outdoor
advertisement or other medium for the purpose of
inducing or which is likely to induce directly or
indirectly the purchase of consumer products or
services.
An advertisement shall be false, deceptive or
misleading if it is not in conformity with the
provisions of this Act or if it is misleading in a
material respect. In determining whether any
advertisement is false, deceptive or misleading,
there shall be taken into account, among other
things, not only representations made or any
combination thereof, but also the extent to which
the advertisement fails to reveal material facts in the
light of such representations, or materials with
respect to consequences which may result from the
use or application of consumer products or services
to which the advertisement relates under the
conditions prescribed in said advertisement, or under
such conditions as are customary or usual.
REMEDY
for retail at a price lower than the
ordinary and customary retail price or
that a price advantage is accorded to
purchases thereof by reason of the size
of the package or the quantity of its
contents;
c) prevent the nonfunctional slack-fill of
packages containing consumer products.
Article 122. Injunctive Relief –
a) Whenever the concerned department
has the reason to believe (1) that any
person, partnership or corporation is
engaged in or is about to engage in the
dissemination or the causing of
dissemination of any advertisement in
violation of Articles 110 to 115, and (2)
that the enjoining thereof would be to
the interest of the public, the concerned
department shall direct the filing of a
complaint in the court of competent
jurisdiction, to enjoin the dissemination
or the causing of the dissemination of
such advertisement. Upon proper
showing, a temporary injunction or
restraining order shall be granted
without bond. Any such complaint shall
be filed in the locality in which the
person, partnership or corporation
resides or transacts business.
b) Any person who may suffer loss,
damage or injury due to a false,
misleading or deceptive advertisement
as defined in Article 4 may file a
 LAW SALIENT FEATURES
Republic Act 11032 or the An act promoting ease of doing
Ease of Doing Business business and efficient delivery
and Efficient Government of government services,
Service Delivery Act of amending for the purpose
2018
republic act no' 9485, otherwise
known as the anti-red tape act
of 2007, and for other
purposes.
This law will introduce simplified
requirements and streamline
procedures that will finally spare
our people from intolerable waiting
time and long lines of frontline
government agencies
Local governments are also
mandated to automate their
business permit and licensing
system, set up one-stop business
facilitation services, and use online
unified business application forms
FORMS OF VIOLATIONS
"Sec. 21. Violations and Persons Liable. - Any
person who performs or cause the performance
of the following acts shall be liable:
(a) Refusal to accept application or request with
complete requirements being submitted by an
applicant or requesting party without due
cause;
(b) Imposition of additional requirements other
than those listed in the Citizen's Charter;
(c) Imposition of additional costs not reflected
in the Citizen's Charter;
(d) Failure to give the applicant or requesting
party a written notice on the disapproval of an
application or request;
(e) Failure to render government services within
the prescribed processing time on any
application or request without due cause;
(j) Failure to attend to applicants or requesting
parties who are within the premises of the
office or agency concerned prior to the end of
official working hours and dicing lunch break;
and
(g) Failure or refusal to issue official receipts;
(h) Fixing and/or collusion with fixers in
consideration of economic and/or other gain or
advantage."
REMEDY
complaint with injunction in his own
name with any court of competent
jurisdiction to recover damages, cost of
suit and reasonable attorney's fees.
"Sec. 22. Penalties and Liabilities. —
Any violations of the preceding
actions will warrant the following
penalties and liabilities.
"(a) First Offense: Administrative
liability with six (6) months
suspension: Provided, however, That
in the case of fixing and/or collusion
with fixers under Section 21(h), the
penalty and liability under Section
22(b) of this Act shall apply. "(b)
Second Offense: Administrative
liability and criminal liability of
dismissal from the service, perpetual
disqualification from holding public
office and forfeiture of retirement
benefits and imprisonment of one (1)
year to six (6) years with a fine of
not less than Five hundred thousand
pesos (P500,000.00), but not more
than Two million pesos
(P2,000,000.00). 26 "Criminal liability
shall also be incurred through the
commission of bribery, extortion, or
when the violation was done
deliberately and maliciously to solicit
favor in cash or in kind. In such
cases, the pertinent provisions of the
Revised Penal Code and other special
laws shall apply." Sec. 14. Section 13
LAW SALIENT FEATURES FORMS OF VIOLATIONS REMEDY

of the same Act is hereby

renumbered as Section 23 to read as
follows: "Sec. 23. Civil and Criminal
Liability, Not Barred. - The finding of
administrative liability under this Act
shall not be a bar to the filing of
criminal, civil or other related
charges under existing laws arising
from the same act or omission as
herein enumerated."

Sec. 15. Section 14 of the same Act

is hereby amended and renumbered
as Section 24 to read as follows:
"Sec. 24. Administrative Jurisdiction.
- The administrative jurisdiction on
any violation of the provisions of this
Act shall be vested in either the CSC,
or the Office of the Ombudsman as
determined by appropriate laws and
issuances." Sec. 16. Section 15 of
the same Act is hereby renumbered
as Section 25, and all succeeding
sections of the same Act are hereby
deleted.

"Sec. 25. Immunity; Discharge of Co-

Respondent/ Accused to be a
Witness. - Any public official or
employee or any person having been
charged with another offense under
this Act and who voluntarily gives
information pertaining to an
LAW SALIENT FEATURES FORMS OF VIOLATIONS REMEDY

investigation or who willingly testifies

therefore, shall be exempt from
prosecution in the case/s where
his/her information and testimony
are given. The discharge may be
granted and directed by the
investigation.

"Sec. 10. Automatic Approval or

Automatic Extension of License,
Clearance, Permit, Certification or
Authorization. — If a government office
or agency fails to approve or disapprove
an original application or request for
issuance of license, clearance, permit,
certification or authorization within the
prescribed processing time, said
application or request shall be deemed
approved: Provided, That all required
documents have been submitted and all
required fees and charges have been
paid. The acknowledgement receipt
together with the official receipt for
payment of all required fees issued to
the applicant or requesting party shall
be enough proof or has the same force
and effect of a license, clearance,
permit, certification or authorization
under this automatic approval
mechanism.

"If a government office or agency fails to

act on an application or request for
 LAW SALIENT FEATURES FORMS OF VIOLATIONS REMEDY

renew^ of a license, clearance, permit,

certification or authorization subject for
renewal within the prescribed
processing time, said license, clearance,
permit, certification or 12 authorization
shall automatically be extended:
Provided, That the Authority, in
coordination with the Civil Service
Commission (CSC), Department of Trade
and Industry (DTI), Securities and
Exchange Commission (SEC),
Department of the Interior and Local
Government (DILG) and other agencies
which shall formulate the IRR of this Act,
shah provide a listing of simple,
complex, highly technical applications,
and activities which pose danger to
public health, public safety, public
morals or to public policy."

RA. 10909 “No Declaration of Policy. — It is the It shall be unlawful for any business
Shortchanging Act of policy of the State establishment to short change a consumer, even if
2016”. to protect the interest and promote such change is
the general welfare of the only of a small amount.
consumer as well as establish
standards of conduct for business
and industry. Towards this end, the
State shall implement
measures to achieve the following
objectives;
Presidential Decree No. Mandate: Control the operation of TITLE XVIII TITLE XIV
1572 Repair Shop service and repair enterprises for CODE OF ETHICS/PRACTICES REFUSAL, APPEAL AND
Accreditation LAw motor vehicles, heavy equipment REINSTATEMENT OF CERTIFICATE
and engines and engineering a) Service and repair contractor and any technical
LAW SALIENT FEATURES
works, electronics, electrical, air
conditioning and refrigeration,
office equipment, medical and
dental equipment, and other
consumer mechanical and
industrial equipment, appliances or
devices, including the technical
personnel employed
FORMS OF VIOLATIONS
personnel employed or engaged in the industry
are unfair and dishonest in his business dealings.
b). Speaking maliciously of the work, reputation
or ability of a fellow service and repair contractor
and technical personnel;
c) It is not only improper but also immoral for a
service and repair contractor and technical
personnel to advertise his firm's business by
means of misleading terms and false
representations. The hope of evil gains is the
beginning of business downfall;
d) Any attempt to supplant a `fellow' service and
repair contractor who is in the employ of the
owner or to prevent a contractor of service or to
repair from undertaking that which the owner has
engaged him do is a practice that is observed to
the honor and dignity of service industry.
REMEDY
OF ACCREDITATION
Section 1. Refusal Upon
recommendation of the Board, the
Minister of Trade may not issue a
Certificate of Accreditation to any
service and repair enterprise whose
owner or manager has been convicted
by a court of competent jurisdiction of
any criminal offense or found guilty of
any act contrary to PD 1572, existing
business and trade laws, rules and
regulations or of any unethical
practice.
Section 2. Appeal The respondent
may within thirty (30) days from the
date of the denial of his application file
a petition for reconsideration with the
Minister of Trade, otherwise the
decision shall become final.
Section 3. Reinstatement Upon
application and payment of the
required fees and for reasons of equity
and justice, the Minister of Trade upon
recommendation of the Board may lift
the suspension or revalidate the
revocation of a Certificate of
Accreditation.
A new certificate of accreditation to
replace a certificate lost, destroyed or
mutilated through force majeure may
LAW SALIENT FEATURES FORMS OF VIOLATIONS REMEDY

be issued by the Minister of Trade

without payment of any fees. If the
loss, destruction or mutilation was due
to the negligence of the owner of the
Certificate, a fee of Twenty Five
(P25.00) Pesos shall be paid by him for
the issuance of a new certificate.