Identity theft, forged signatures, and “paper ownership” can expose you to tax, debt, and reputational risks. This article explains what to do—administratively, criminally, and civilly—within the Philippine regulatory setup.
General information only. This discusses common Philippine processes and legal concepts and is not tailored legal advice.
1) What “business registration” means in the Philippine context
In the Philippines, “business registration” is not a single act. A person can “register a business” (or appear to) through several layers, depending on the business form:
A. Entity/Name registration (who the business is)
- Sole proprietorship: commonly registers a Business Name with DTI (then tax/LGU registrations follow).
- Partnerships and corporations (including One Person Corporation): registered with the SEC.
- Cooperatives: registered with the CDA.
B. Tax registration (how the business is tracked for taxes)
- BIR registration (TIN registration for the business; authority to print/issue receipts; books of accounts; compliance).
C. Local permits (permission to operate in a city/municipality)
- Barangay clearance and Mayor’s/Business Permit (LGU).
D. Employment-related registrations (if they register as an “employer”)
- SSS, PhilHealth, Pag-IBIG employer registrations.
Why this matters: Someone can misuse your name at any one layer. Your response should match where your name appears and in what capacity (owner? incorporator? director? authorized representative?).
2) Two very different problems people confuse
Problem 1: Your identity was used (high risk)
Your full name (and often signature, ID numbers, address, birthdate) appears in filings as:
- the owner of a sole proprietorship,
- an incorporator, partner, director, trustee, officer, or stockholder of a corporation/partnership,
- an authorized representative in BIR/LGU registrations,
- the person who “signed” affidavits, board resolutions, articles, or applications.
This is typically identity theft and/or forgery.
Problem 2: Your name was used as a “brand” (different risk)
Example: a business name or corporate name includes your personal name (or a very similar one), but you are not listed as owner/director and your personal details were not used. This leans toward unfair competition/misrepresentation or trademark/trade name issues—not necessarily identity theft.
First task: Identify which problem you have.
3) How to confirm what was filed (and where your name is appearing)
Before you can stop it, you need a reliable record of the misuse.
A. Get documentary proof
Depending on the entity type, try to obtain certified/official copies or system-generated copies of:
- DTI: Business Name Certificate / BN registration record
- SEC: Articles of Incorporation/Partnership, By-Laws (if any), General Information Sheet (GIS), Treasurer’s Affidavit, Secretary’s Certificate, Board Resolutions, and any amendments
- BIR: Registration details tied to the business (ask what registration number/TIN is associated; if you’re being named as owner/representative)
- LGU: application forms, business permit file, barangay clearance file
B. Clarify your “role” on paper
Ask: Am I shown as…
- Owner/registrant (most urgent)
- Incorporator/partner
- Director/trustee/officer
- Stockholder
- Authorized representative/contact person
- Merely part of the business name (brand/trade name)
C. Note what looks forged
- Your signature appears but you did not sign
- A notary public “acknowledged” you appeared, but you never did
- Your address/ID details are wrong or “almost right”
- The filing date coincides with times you were elsewhere (travel, work records)
4) Immediate risk control (what to do in the first days)
Even before the longer administrative and legal processes complete, do the following to contain damage:
A. Create a paper trail that you object and did not consent
Prepare an Affidavit of Denial / Disavowal (sometimes called an affidavit of non-participation), stating clearly:
- you did not apply/register/authorize the business,
- you did not sign the documents (if signatures are present),
- you did not appoint anyone as your representative,
- you learned of the misuse on a specific date,
- you are requesting correction/cancellation and investigation.
Attach government IDs and specimen signatures as needed.
B. Make a police blotter or complaint record
A police blotter (or report) helps establish when you discovered the misuse and that you promptly disputed it. This is useful with agencies, banks, and later cases.
C. Notify the agency/ies in writing and request a “hold”
Send a written notice (with your affidavit) to the relevant agency:
- DTI / SEC / CDA
- BIR
- LGU (Business Permits and Licensing Office) Request:
- annotation in the record that your use of name is disputed (if available),
- hold on amendments/updates/closures that might worsen the problem,
- advice on their formal dispute/cancellation process.
D. Protect yourself financially
If there’s any chance loans, accounts, or online services were opened:
- notify banks/e-wallets if implicated,
- monitor unusual credit activity,
- keep copies of all communications.
5) Administrative remedies, agency-by-agency
Stopping unauthorized use often begins with administrative correction/cancellation, because agencies maintain the registries.
A. If it’s a DTI-registered sole proprietorship
Typical goal: cancel the Business Name registration and prevent use of your identity as “owner.”
Actions commonly taken:
File a complaint or request for cancellation/invalidity of the business name registration on the ground of fraud/misrepresentation/unauthorized use of identity.
Submit:
- Affidavit of Denial/Disavowal,
- ID copies,
- comparison of genuine signature vs. forged signature (if present),
- proof you did not apply (email history, travel/work records if relevant),
- any certification you can obtain of the registration record.
Ask DTI to:
- invalidate/cancel the registration,
- block renewals/changes by the impostor,
- provide guidance on how DTI confirms identity for that record.
Practical note: DTI registration alone does not automatically create tax liabilities—but impostors often proceed to BIR/LGU after DTI, so you should notify those offices too.
B. If it’s an SEC-registered corporation/partnership/OPC
Typical goals: remove your name from SEC filings, invalidate the fraudulent filings, and trigger investigation.
Key concepts:
- Being listed as incorporator/director/officer without consent is serious because SEC filings can be used to open bank accounts, register with BIR, obtain permits, and transact with third parties.
- Many foundational documents are notarized; forged notarized documents raise forgery/falsification issues and possible notary misconduct.
Actions commonly taken:
Submit a formal letter-complaint to SEC (company registration/monitoring functions), attaching:
- Affidavit of Denial/Disavowal,
- the SEC document(s) where your name appears,
- signature comparison,
- IDs, and any supporting circumstances.
Request SEC action such as:
- investigation into fraudulent registration,
- steps to correct the registry (e.g., filing of corrective/amended documents by the legitimate parties or regulatory action),
- preventing further filings that use your name.
If the corporation is already operating, also notify:
- BIR (for tax registration tied to your identity),
- LGU (permits tied to your identity),
- banks or counterparties if your name is used in authorizations.
Special case: you’re shown as a director/officer
- Directors and officers have fiduciary duties on paper. Even if you never acted, you want a clear record that you never accepted/assumed the role and did not participate in corporate acts.
Special case: One Person Corporation (OPC)
- If your name is used as the single stockholder, it’s even more directly identity-based. Treat as urgent.
C. If it’s a CDA-registered cooperative
Follow the same pattern:
- obtain cooperative registration documents where your name appears,
- file a written complaint and affidavit of denial,
- request correction/invalidation and investigation,
- notify BIR/LGU if registrations exist downstream.
D. If your name appears in BIR registration
Typical goals: prevent tax liabilities from attaching to you, correct records, and stop use of your identity in tax filings.
Why urgent:
- BIR registration can be used to issue receipts/invoices, file returns, and create a “tax footprint” that can trigger assessments, notices, or enforcement—sometimes sent to addresses on file.
Actions commonly taken:
Visit/contact the relevant Revenue District Office (RDO) that has jurisdiction over the business address on record.
Provide:
- affidavit of denial,
- proof of identity,
- any record showing you are incorrectly listed as owner/representative.
Request:
- correction of records showing you are not the owner/representative,
- notes/flags in the account that the registration is disputed and identity theft is alleged,
- guidance on how to disassociate your name from the business TIN/registration.
Important distinction:
- If the impostor used your personal TIN or created filings connecting to it, this is more severe than merely using your name. Ask specifically whether any TIN link exists.
E. If your name appears in LGU permits
Typical goals: stop permit renewals/issuance using your name and correct the business permit file.
Actions:
Notify the Business Permits and Licensing Office and/or barangay where the business is registered.
Provide affidavit of denial and request:
- correction of ownership/authorized representative information,
- hold/flag on future permit transactions using your identity,
- copies of submitted IDs and signatures (often filed with permit applications).
F. If your name appears in SSS/PhilHealth/Pag-IBIG employer records
If the business registered you as employer/owner:
- file a dispute with the relevant agency office,
- attach affidavit of denial and IDs,
- request correction and confirmation in writing.
6) Criminal law tools commonly implicated (Philippine setting)
When someone registers a business using your name without consent, several offenses may be involved depending on the facts (paper filings vs online; forged notarization; monetary harm).
A. Falsification and use of falsified documents (Revised Penal Code concepts)
If documents were forged (signatures, sworn statements, notarized instruments), criminal exposure often centers on:
- falsification by a private individual and/or
- use of falsified documents.
Business registration papers are frequently treated as documents relied upon by government and the public; notarized instruments carry special evidentiary weight. If your signature was forged on notarized forms, that becomes a major evidentiary anchor.
B. Estafa (fraud) or other deception-based crimes
If the impersonation was used to obtain money, credit, property, or to cause damage through deceit, estafa may be considered based on the specific scheme.
C. Identity theft / cybercrime angles (if online misuse occurred)
If your identifying information was acquired or used through digital means, cybercrime provisions and computer-related forgery/fraud concepts may be implicated. This is especially relevant when registrations were completed via online systems, emails, uploaded IDs, or e-signatures.
D. Notary-related misconduct (if notarization was abused)
If a notary public notarized documents as if you personally appeared:
- the notary may face administrative liability and disqualification, and
- the notarization can be attacked as invalid, strengthening the claim that documents were fabricated.
Where cases are typically filed/processed:
- complaint-affidavit filed with the prosecutor’s office for criminal cases (often after initial police/NBI documentation),
- cybercrime matters may involve specialized units depending on locality and the nature of evidence.
7) Civil law options: injunctions, damages, and clearing your name
Administrative cancellation and criminal complaints can run in parallel with civil actions.
A. Damages (Civil Code-based)
If the unauthorized use caused harm—financial loss, anxiety, reputational damage, lost opportunities—you may pursue damages under general civil law principles, including:
- acts contrary to morals/good customs/public policy,
- abuse of rights / wrongful acts causing damage.
B. Injunction to stop continued misrepresentation
If the business continues using your name to transact, advertise, obtain permits, or sign contracts, a civil action for injunctive relief can be used to seek a court order to stop ongoing use while the case is pending.
C. If your name is being used as a “brand” (trade name/trademark/unfair competition)
If the issue is not identity theft but “passing off” (making people believe you endorse/own/are connected), civil and IP remedies may be relevant:
- unfair competition / misleading representation,
- trademark registration/enforcement strategies (especially for public-facing use),
- protection of personal name where it functions as an identifier in commerce.
Key point: The remedy differs depending on whether your identity was used in filings or your name was used in marketing.
8) Data privacy considerations (Philippine context)
Where your personal information (name, address, birthdate, IDs, signature images) is processed without consent:
- you may assert data subject rights (access, correction/rectification, objection, and in appropriate cases deletion/erasure),
- you can request information on how your data was collected and used,
- you may consider filing a complaint with the relevant privacy regulator where warranted by the facts.
Even where an agency must retain records, improper collection/use by private actors (and sometimes mishandling by organizations) can be a lever to compel corrective action.
9) Evidence that tends to matter most
When challenging an unauthorized registration, strong evidence is usually practical, not theoretical:
A. Identity and signature proof
- multiple valid government IDs
- specimen signatures from IDs, passports, banks, prior notarized documents
- comparisons showing mismatch
B. Proof of non-participation
- sworn statement/affidavit of denial
- employment records, travel records, CCTV logs (if relevant)
- communications showing you did not authorize anyone
C. Official copies of the fraudulent documents
- certified true copies from DTI/SEC/LGU where possible
- the exact pages where your name/signature appears
- details of who submitted filings (if the agency records submission metadata)
D. Digital trails (if online)
- emails confirming registration actions
- screenshots of online portals showing your details
- IP logs or account activity (when accessible through lawful process)
10) A practical action plan (sequenced)
Step 1: Identify the registry layer (DTI/SEC/CDA/BIR/LGU)
Don’t guess. Get a copy of what exists.
Step 2: Lock in your denial with a sworn affidavit + blotter/report
This becomes your “anchor” document for every agency.
Step 3: File administrative correction/cancellation with the registry agency
- DTI for sole proprietorship BN
- SEC for corporation/partnership/OPC
- CDA for cooperative
Step 4: Notify downstream offices (BIR + LGU + employer agencies)
Because even if DTI/SEC eventually cancels, the impostor may still be operating elsewhere.
Step 5: Decide whether to pursue criminal and/or civil tracks
- Criminal: where forgery/identity theft is evident
- Civil: where there is continuing harm, need for injunction, or damages
Step 6: Monitor for recurrence
Unauthorized registrants sometimes “move” the business to a new LGU, re-register, or amend corporate filings. Maintain a file of your documents and use the same affidavit package with updated dates.
11) Frequently asked, high-stakes questions
“Will I be liable for the business’s debts or taxes?”
Usually, liability depends on whether you actually consented/participated and the legal structure, but identity misuse can still cause practical headaches:
- You might receive demand letters or notices because your name is on file.
- Creditors may initially treat registry records as proof until you dispute with documentation.
- Tax notices might be addressed to the listed owner/representative.
That’s why early written dispute + agency correction is critical: it converts the situation from “silent record” to “contested record.”
“What if the business is registered under a person with the same name as mine?”
Then the focus shifts:
- Are your other identifiers used (address, birthdate, TIN, IDs, signature)? If not, it may be a same-name coincidence.
- If the business is using your identity in marketing/representation (“owned by…”, photos, biography), it may be a misrepresentation/unfair competition issue.
“What if I discover I’m listed as a director/officer but I never signed anything?”
Treat it as urgent:
- file affidavit of denial,
- notify SEC and request corrective action,
- notify the corporation in writing (so they cannot claim you silently accepted),
- consider criminal complaint if forged signatures exist.
“How do I attack a notarized document that I never signed?”
Your affidavit should state you never appeared before the notary and never signed; compare signatures; and consider initiating notary accountability actions where appropriate. Notarization is powerful evidence—so disputing it early matters.
12) Key takeaways
- The Philippines uses multi-layered registration (DTI/SEC/CDA + BIR + LGU + employer agencies). You must address the layer where your name appears and the downstream layers that rely on it.
- The most effective early tools are (1) affidavit of denial, (2) agency notice/complaint for correction or cancellation, and (3) police report/blotter to establish prompt dispute.
- If signatures/IDs were forged, the situation commonly implicates forgery/falsification and may justify a criminal complaint, while ongoing use may justify injunction and damages in civil court.
- Distinguish identity misuse in filings from name-as-brand misrepresentation; the remedies are not the same.