Team DailyPedia
Senator Bam Aquino expressed opposition to the proposed Department Administrative Order (DAO) of the Department of Trade and Industry that would require businesses to secure permits for advertisements and sales promotions before publication.
According to Sen. Bam, the proposal could place an additional burden on micro, small, and medium enterprises (MSMEs) and online sellers already struggling with rising fuel prices and increasing operational costs.
Under the proposed DAO, businesses may be required to file applications and secure permits at least 30 working days before releasing advertisements, including digital ads, sponsored posts, videos, billboards, and promotional campaigns.
“Hindi pa nga nakakabangon ang ating maliliit na negosyo sa epekto ng krisis sa langis, plano na naman natin silang patawan ng panibagong pasanin,” said Sen. Bam.
The senator, known for advocating for MSMEs and entrepreneurship, authored and sponsored the Go Negosyo Act during his first term as chairperson of the Senate Committee on Trade, Commerce, and Entrepreneurship.
The law aims to help MSMEs gain better access to markets and financing while streamlining the business registration process for entrepreneurs.
Sen. Bam argued that instead of helping small businesses recover and grow, the proposed regulation could create unnecessary bureaucracy and discourage entrepreneurship.
“Imbis na pabayaang makadiskarte ang mga maliliit na negosyo para madagdagan ang kita, lumilikha tayo ng dagdag na pasanin at proseso na hahadlang sa kanilang pagpasok sa merkado at paglago,” he added.
While recognizing the importance of consumer protection, Aquino stressed that regulations should remain practical and targeted.
“Mahalaga ang consumer protection na isa sa mga pangunahing tungkulin ng DTI, subalit ang regulation ay targeted, praktikal, at naaakma,” he pointed out.
The senator also criticized the proposed 30-day approval period, saying it does not align with the fast-paced nature of modern business and online commerce.
“Sa panahon ngayon kung saan mabilis ang takbo ng negosyo, lalo na online, hindi makatarungan na paghintayin ng isang buwan ang mga negosyante bago sila makapaglabas ng advertisement o promotion,” Sen. Bam said.
Aquino further warned that the additional costs attached to the permits could heavily affect MSMEs and online sellers.
According to him, fees ranging from ₱975 to ₱9,295 per advertisement may become another financial burden for entrepreneurs trying to grow their businesses.
“Hindi rin biro ang mga nakalagay na bayarin na dagdag pasakit pa sa ating mga negosyo, lalo na sa nagsisimula pa lang. Baka sa halip na mahikayat natin silang magnegosyo ay baka mag-atrasan sila dahil sa dagdag gastos at matagal na proseso,” he said.
The senator also noted that existing laws such as the Consumer Act of the Philippines already regulate deceptive advertisements and sales promotions, raising questions about whether the proposed DAO unnecessarily expands government oversight, especially in the digital space.
He likewise expressed concern that requiring prior government approval before publishing advertisements could potentially raise constitutional concerns related to prior restraint and freedom of expression.
Aquino emphasized that while the Internet Transactions Act grants the DTI authority over internet transactions and electronic commerce, it does not automatically authorize universal permit requirements for all advertisements.
Instead of imposing additional layers of bureaucracy, Sen. Bam urged the DTI to focus on targeting deceptive and fraudulent advertisements while supporting legitimate businesses.
“The DTI should focus on going after deceptive and fraudulent advertisements, instead of creating additional hurdles for legitimate businesses trying to reach their customers,” he said.
Last year, Aquino also opposed another DTI measure involving mandatory “Trustmark” registration for online businesses, which the agency later deferred following criticism from MSMEs and digital entrepreneurs.
