RESOLUTION No. 2012 – 668
GUIDELINES IN IMPLEMENTING SECTION 7, PARAGRAPH (J),
(L) AND SECTION 16 OF REPUBLIC ACT No. 8981, CALLED THE “PRC MODERNIZATION ACT
OF 2000”, AND THE PERTINENT PROVISIONS OF THE PROFESSIONAL REGULATORY LAWS, THE
GENERAL AGREEMENT ON TRADE IN SERVICES, AND OTHER INTERNATIONAL AGREEMENTS ON
THE PRACTICE OF FOREIGN PROFESSIONALS IN THE PHILIPPINES
WHEREAS, Paragraph (J) of
Section 7, (the Powers, Functions and Responsibilities of the Commission) of Republic
Act No. 8981 provides, to wit:
Upon
recommendation of the Professional Regulatory Board concerned, to approve the
registration of and authorize the issuance of a certificate of
registration/license and professional identification card with or without
examination to a foreigner who registered under the laws of his state or
country and whose certificate of registration issued therein has not been
suspended or revoked:
Provided,
that, the requirements for the registration or licensing in said foreign state
or country are substantially the same as those required and contemplated by the
laws of the Philippines and that the laws of such foreign state or country
allow the citizens of the Philippines to practice the profession on the same
basis and grant the same privileges as those enjoyed by the subjects or
citizens of such foreign state or country:
Provided,
further, that, the Commission may, upon recommendation of the Board concerned,
authorize the issuance of a certificate of registration/license or a Special
Temporary Permit to foreign professionals who desire to practice their
professions in the country under reciprocity and other international agreements;
consultants in foreign–funded, joint venture or foreign–assisted projects of
the government, employees of Philippine or foreign private firms or
institutions pursuant to law, or health professionals engaged in humanitarian
mission of a limited period of time:
Provided,
finally, that agencies, organizations or individuals whether public or private,
who secure the services of a foreign professional authorized by law to practice
in the Philippines reasons aforementioned, shall be responsible for securing a
special permit from the Professional Regulation Commission (PRC) and the
Department of Labor and Employment (DOLE), pursuant to PRC and DOLE rules;
WHEREAS, the certificates
of registration with professional identification cards or the Special Temporary
Permits aforementioned are issued by the Professional Regulatory Board (PRBs)
after they have determined that the activity/undertaking or the foreign
professional constitutes a practice of the profession under the scope of
practice of their respective professional regulatory laws and after the
concerned PRB has issued a PRB resolution subject to approval by the Commission
pursuant to Section 7 (c) of R.A. No. 8981 and/or the professional regulatory
laws granting thereto the privilege to practice his/her profession in the
Philippines;
WHEREAS, paragraph (I)
under section 7 of supra law states as follows:
To
supervise foreign nationals who are authorized by existing laws to practice
their profession either as holders of a certificate of registration and a
professional identification card or a Special Temporary Permit in the
Philippines; to ensure that the terms and conditions for their practice or of
their employment are strictly complied with; to require the hiring or employing
government agency or private entity/institution to secure a Special Temporary
Permit from the concerned Board subject to approval by the Commission and to
file a criminal complaint against the head of the government agency or officers
of the said private entity/institution, who shall be liable under the penalty provided
for in the concerned professional regulatory law or the penalty imposed
pursuant to this Act, when the professional regulatory law or the penalty
imposed pursuant to this Act, when the professional was hired and allowed to
practice his/her profession without permit; to file upon due process
request for deportation with the Bureau of Immigration and Deportation (BID);
and to supervise professional who were former citizens of the Philippines
and who had been registered and issued a certificate of registration and a
professional identification card prior to their naturalization as foreign
citizens, who may, while in the country on a visit, sojourn or permanent
residence, practice their profession:
Provided,
that, prior to the practice of their profession they shave first been issued a
special permit and updated professional identification card by the Board
concerned subject to approval by the Commission and upon payment of the permit
and annual registration fees;
WHEREAS, pursuant to Presidential
Decree No. 541, former Filipino professionals who are now naturalized
foreigners, subject to certain requirements, are allowed to practice their
professions in the Philippines;
WHEREAS, foreign national
under the General Agreement on Trade in Services (GATS) and/or other
international, regional, multilateral bilateral agreements may opt to practice
their professions in the Philippines subject to the terms and conditions with
the agreement where the Philippine is a signatory thereto;
WHEREAS, all the Professional
Regulatory Laws (PRLs) provide for penal provisions for all those who are
engaged in illegal practice of the profession;
WHEREAS, Section 16 or
R.A. No 8981 read as follows: Penalties for Violation of Section 7 subparagraph
(l) by Heads of Government Agencies or Officers of Private
Entities/Institutions.
Any
head of a government agency or officer(s) of a private firm/institution who violates
Section 7 subparagraph (l) of this Act shall be punished by imprisonment of not
less than six (6) months and one (1) day to not more than six (6) years, or a
fine of not less than fifty thousand pesos (P50,000.00) to not more than Five
hundred thousand pesos (P500,000.00) or both at the discretion of the court;
and
WHEREAS, the Commission
under Section 7 (y) is empowered to implement and enforce the provisions of
R.A. No. 8981, the Professional Regulatory Laws (PRLs), decrees, executive
orders and other administrative issuances.
NOW, THEREFORE, the
Commission RESOLVES, as it is hereby RESOLVED, to require foreign professionals
who intend to practice a profession in the Philippines to file an application
for registration with or without Board Licensure Examination or to secure a
Special Temporary Permit from the Professional Regulatory Board and the Commission
in accordance with the pertinent provisions of R.A. No. 8981 and the
Professional Regulatory Laws, their respective implementing rules and
regulations, and the following guidelines:
Section 1
DEFINITIONS OF TERMS
a. FOREIGN
PROFESSIONAL – refers to a natural
person who practices or intends to practice a profession under the regulation
of a Professional Regulatory Board (PRB) and the Professional Regulation
Commission (PRC).
b. PRACTICE
OF A PROFESSION – refers to an
activity/undertaking rendered by a registered and licensed professional or a
holder of a Special Temporary Permit as defined in the scope practice of a
professional regulatory law.
c. FOREIGN
PROFESSIONAL CONSULTING SERVICES –
refers to a service rendered by a registered and licensed person or a holder of
a Special Temporary Permit whose activity/undertaking is included in the scope
of a practice of a profession as provided in the professional regulatory law.
d. FOREIGN
MEDICAL MISSION (FMM) – refers to a
humanitarian mission or activity rendered by a foreign professional.
e. CERTIFICATE
OF REGISTRATION AND PROFESSIONAL IDENTIFICATION CARD – refers to documents issued to a foreign
professional who is registered and licensed to practice a profession with or
without Board Licensure Examination under the reciprocity provisions of a
Professional Regulatory Law.
f. SPECIAL
TEMPORARY PERMIT (STP) TO PRACTICE A PROFESSION – refers to a privilege given to a foreign
professional who is allowed to practice his/her profession in the Philippines
for a limited period of time.
g. TEMPORARY
PROFESSIONAL IDENTIFICATION CARD –
refers to an identification card issued to a foreign professional with a
Special Temporary Permit approved by a Professional Regulatory Board and the
Commission.
h. RECIPROCITY – refers to the provisions of Section 7(j) of
Republic Act No. 8981 (the PRC Modernization Act of 2000) and related
provisions on reciprocity as defined in the respective Professional Regulatory
Laws.
Section 2
COVERAGE AND
REQUIREMENTS FOR FILING, EVALUATION AND APPROVAL/DENIAL OF APPLICATION
A. Foreign
nationals applying for registration with or without examination under
reciprocity or other international agreement
The
applicant shall submit to the International Affairs Division or the Regional
Office the following:
a. A duly
accomplished and notarized Application Form.
b. A copy of the
international agreement or law of the state/country of the applicant showing
that the requirements for registration or licensing from the country of origin
are substantially the same as those required and contemplated by the laws of
the Philippines.
The
document must be duly authenticated by the Philippine
Embassy/Consulate/Legation to the country/state of the applicant and have a
copy of the Official English translation thereof.
c. An official
document issued by the appropriate government office/agency certifying that the
applicant is either a graduate or a registered professional therein.
The
document must be duly authenticated by the Philippines Embassy/Consulate/Legation
to the country/state of the applicant and have a copy of the official English
translation thereof.
d. A photocopy of
the valid passport as proof of citizenship, identification of the visa issued,
and proof of entry in the Philippines.
B. Foreign
professionals to practice a profession in the Philippines under reciprocity or
other international agreements
The
applicant shall submit to the International Affairs Division or the Regional
Office the following:
a. A duly
accomplished and notarized Application Form.
b. A copy of the
international agreement or law of the state/country of the applicant showing
that the requirements for registration or licensing from the country of origin
are substantially the same as those required and contemplated by the laws of
the Philippines.
The
document must be duly authenticated by the Philippine
Embassy/Consulate/Legation to the country/state of the applicant and have a
copy of the official English translation thereof.
c. An official
document issued by the appropriate government office/agency certifying that the
applicant is a registered professional therein.
The
document must be duly authenticated by the Philippine
Embassy/Consulate/Legation to the country/state of the applicant and have a
copy of the official English translation thereof.
d. A photocopy of
the valid passport as proof of citizenship, identification of the visa issued,
and proof of entry in the Philippines.
C. Foreign
professionals who are to be engaged by the Government as Consultants in foreign–funded,
joint venture, or foreign assisted projects
The
applicant shall submit to the International Affairs Division or the Regional
Office the following:
a. A duly
accomplished and notarized Application Form.
b. A copy of the
Contract of Consultancy Service or a Memorandum of Agreement between the
government agency and the foreign professional indicating the Terms of
Reference, nature of consultancy, period, scope and project details.
In
case of joint venture between two private entities, any of the parties thereto
shall submit the application.
c. An official
document issued by the appropriate government office/agency certifying that the
applicant is a registered professional therein.
The
document must be duly authenticated by the Philippine Embassy/Consulate/Legation
to the country/state of the applicant and have a copy of the official English
translation thereof.
d. A photocopy of
the valid passport as proof of citizenship, identification of the visa issued,
and proof of entry in the Philippines.
D. Foreign
professionals who are to be employed by local and foreign private firms or
institutions pursuant to law
The
applicant shall submit to the International Affairs Division or the Regional
Office the following:
a. A duly
accomplished and notarized Application Form.
b. A copy of the
Contract of employment, consultancy agreement or service contract including
project details, scope of works, nature and duration of engagement of the
foreign professional and professional liability insurance whenever applicable
and required.
c. An official
document issued by the appropriate government office/agency certifying that the
applicant is a registered professional therein.
The
document must be duly authenticated by the Philippine Embassy/Consulate/Legation
to the country/state of the applicant and have a copy of the official English
translation thereof.
d. A photocopy of
the valid passport as proof of citizenship, identification of the visa issued,
and proof of entry in the Philippines.
E. Foreign
health professionals for humanitarian mission for a limited period of time
The
applicant shall submit to the International Affairs Division or the Regional
Office the following:
a. A duly
accomplished and notarized Application Form.
b. A letter of
request for the issuance of a Special Temporary Permit to the foreign
professional for the conduct of humanitarian mission with the undertaking that
no fees will be charged. The letter must indicate the venue and the specific
date of the humanitarian mission.
c. A copy of the
applicant’s valid passport as proof of citizenship and proof of entry in the
Philippines.
d. An authenticated
copy of the valid professional licenses issued by the country of origin with
official English translation thereof where necessary.
F. Foreign Professionals
under P.D. No. 541, “Allowing former Filipino Professionals to
Practice their Respective Professions in the Philippines”
The
applicant shall submit to the International Affairs Division or the Regional
Office the following:
a. A duly
accomplished and notarized Application Form
b. A photocopy of
the applicant’s passport showing his/her name, picture, citizenship, and date
of entry in the Philippines which must be within six (6) months before the
filing of the application for renewal;
c. The original and
photocopy of the previously issued Professional identification card;
d. A duly authenticated
original and photocopy of the License/Certificate of Registration/Permit in the
adopted country;
e. Four (4) Passport
size ID pictures.
Section 3
PROCEDURES IN THE
PROCESSING OF APPLICATIONS OF CERTIFICATE OF REGISTRATION, PROFESSIONAL
IDENTIFICATION CARD OR SPECIAL TEMPORARY PERMIT
A. The international Affairs Division or the Regional
Office where the application is submitted shall initially assess the
completeness of the documentary requirements contained therein. Applications
with complete documentary requirements shall be endorsed within three (3)
working days to the appropriate Professional Regulatory Board for determination
and promulgation of Board resolution.
B. Applications with incomplete documentary requirements
if personally delivered shall be returned to the applicant/representative for
completion.
If
the application is received through mail, the same shall be returned by mail
with information of deficiency within three (3) working days from receipt
therof.
C. The concerned Professional Regulatory board shall act
upon the application submit within three (3) working days from receipt thereof.
D. Applications approved for registration with or without
examination by the Professional Regulatory Board shall be issued a
corresponding Board Resolution approved by the Commission in no more than three
(3) working days from receipt thereof.
Applications
approved for the issuance of a Special Temporary Permit by the Professional
Regulatory Board shall be issued a corresponding Board resolution approved by
the Commission in no more than three (3) working days from receipt thereof.
The
Special Temporary Permit to be issued shall be denominated as following:
a. For Foreign
professionals under reciprocity or other international agreements – STP –
(acronym of PRB) - Example: STP – MED –
A
b. For foreign
professionals who are to be engaged by the Governments as Consultants in
foreign – funded, joint venture, or foreign assisted project – STP – (acronym
of PRB) – B.
c. For Foreign
professionals who are to be employed by local and foreign private firms or
institutions pursuant to law – STP – (acronym of PRB) – C.
d. For foreign
health professionals for humanitarian mission for a limited period of time –
STP – (acronym of PRB) – D
Applications
approved for the issuance of a Professional Identification Card under P.D. 541
by the Professional Regulatory Board shall be referred to the Registration
Division.
E. Applications denied by the Professional Regulatory
Board shall be issued a corresponding letter signed by the Chairman of the
Board. The letter of denial shall be sent through mail to the applicant or his
duly authorized representative within three (3) working days from receipt by
the International Affairs Division of the Notice of Denial from the Board.
Section 4
OATH OF PROFESSIONAL
Foreign professional who
are allowed to practice their profession with or without examinations in the
Philippines shall be required to take the oath of professionals.
Section 5
FEE
Upon filing of
application, with the exception of application of renewal under P.D. 541, sub–section F of Section 2, the applicant shall pay a non–refundable processing
fee of three thousand pesos (P3,000.00) for each application for Special
Temporary Permit. Upon approval of the Special Temporary Permit through a Board
Resolution and Special Temporary Permit ID, payment of eight thousand pesos
(P8,000.00) in case of sub–section F of Section 2, payment of the assessed
due is a separate payment from Special Temporary Permit.
Section 6
WHO MAY FILE
APPLICATION FOR ISSUANCE OF CERTIFICATE OF REGISTRATION, PROFESSIONAL
IDENTIFICATION CARD OR SPECIAL TEMPORARY PERMIT
All applications, with the
exception of the application of renewal under PD 541, shall be filed by the
individual applicant/sponsoring/hiring/contracting institutions through their duly
authorized representatives. All applications shall be considered duly filed
upon submission of complete requirements and payment of prescribed fees.
Section 7
WHO MAY APPLY
APPLICATION FOR RENEWAL UNDER P.D. 541
All applications for the
renewal of Professional Identification Card for Former Filipinos under PD 541
shall be filed by the individual applicant or any duly authorized
representative. All applications shall be considered duly filed upon submission
of complete requirements and payment of prescribed fees.
Section 8
RECORD OF FOREING
PROFESSIONALS
The International Affairs
Division shall maintain a Roster of Foreign Professionals allowed to practice
their professions and issued Certificate of Recognitions and Professional
Identification Cards or Special Temporary Permits. The Roster shall include the
following data: complete name, citizenship, profession, address in the country
of origin, address in the Philippine, name of sponsoring group or employers,
duration of the Special Temporary Permit, place of the activity and type of
activity/nature of work.
Foreign professionals who
are allowed to practice a profession with or without examination shall register
with the Registration Division of the Professional Regulation Commission.
Data pertaining to foreign
professionals shall remain confidential from any person/ entity without the
express written authority from the Commission.
Section 9
PUBLICATION OF THE LIST
OF ISSUED CERTIFICATES OF REGISTRATION, PROFESSIONAL IDENTIFICATION CARDS AND
SPECIAL TEMPORARY PERMITS
A list of issued
Certificates of Registration, Professional Identification Card and Special
Temporary Permits, shall be posted in the official website of the Professional
Regulation Commission within seven (7) days upon issuance thereof. In the case
f issued Special Temporary Permits, the list shall be posted for seven (7) days
within the duration of the STP.
Section 10
MONITORING OF FOREIGN
PROFESSIONALS
Foreign professionals who
have been issued Certificates of Registration and Professional Identification
Cards or Special Temporary Permits shall be regularly monitored by the
concerned Professional Regulatory Board through the Standards and Inspection
Division.
The foreign professional
shall inform the Commission through the International Affairs Division of any
change in his/her place of residence in the Philippines within ten (10) day
from such change.
Foreign professionals or
their representatives shall submit a report of their accomplishments to the
appropriate Professional Regulatory Board, copy furnished the International
Affairs Division, within five (5) working days upon expiration of the Special/Temporary
Permit. Non–submission of the accomplishment report shall render the
applicant/sponsoring/hiring/contracting institution ineligible for the renewal
or issuance of prospective Special Temporary Permit.
The Professional
Regulatory Board with the Standards and Inspection Division may conduct
inspection of the activities and shall issue an inspection Report to the
Commission, indicating if the foreign professional, corporation or employer has
or has not committed any violations of applicable laws.
Section 11
GROUNDS FOR
CANCELLATION OF SPECIAL TEMPORARY PERMIT
The Special Temporary
Permit may be cancelled motu proprio by the Professional Regulatory Board or
upon complaint after due notice and hearing on the following grounds:
1. Misrepresentation
of facts in the application
2. Submission of
falsified or tampered documents
3. Violations of
conditions of the Permit.
4. Injury/death or
damage to property in the performance of the duty.
5. Foreign national
who has been declared as an undesirable alien by competent authorities
6. Any violation
under the Professional Regulatory Laws and rules thereof.
Section 12
VALIDITY OF THE PERMIT
The Special Temporary
Permit shall be valid for the period specified in the Board resolution approved
by the Commission. In no case, shall it exceed one (1) year unless
renewed/extended.
SECTION 13
RENEWAL/EXTENSION OF
SPECIAL TEMPORARY PERMIT
Application for extension
of the Special Temporary Permit must be filed at least fifteen (15) days prior
to the expiration of the permit issued.
Section 14
ADMINISTRATIVE, CIVIL
AND PENAL SANCTIONS
Any complaint for
malpractice or information against the undertaking of the foreign professional
within the duration of the validity of Special Temporary Permit or Professional
Identification Card shall be filed at any time with the Legal and Investigation
Division in accordance with the rules of the Commission on administrative
investigation.
A foreign professional who
was issued a Certificate of Registration, Professional Identification card or
Special Temporary Permit shall be proceeded against administratively for any of
the grounds provided in the law regulating the practice of his/her profession.
If found guilty, he/she be meted out with the penalty provided for such
violation.
A foreign professional who
practices his/her profession without being registered and licensed or issued a
Special Temporary Permit pursuant to the professional regulatory law or the
provisions of R.A. No. 8981, or Special Temporary Permit under PD No. 541 shall
be criminally prosecuted. If found guilty, he shall be meted out with the
penalty imposed by penal laws.
Section 15
ONLY NATURAL PERSON CAN
BE ISSUED SPECIAL TEMPORARY PERMIT
Only foreign nationals,
including former Filipinos, as natural persons, who want to engage in the
general practice of state – regulated professions as defined under the
pertinent Professional Regulatory Laws can be issued a Special Temporary
Permit. Juridical persons such as partnerships, corporations, or associations
of foreign nationals cannot be issued a Special Temporary Permits.
Section 16
COLLABORATIVE PRACTICE
If allowed under the
pertinent Professional Regulator Law, a foreign national who has been issued a
Special Temporary Permit may engage in collaborative practice with a Filipino
registered and licensed professional, who shall primarily assume the professional
responsibility and civil liability for the collaborative professional output.
Section 17
LIABILITY INSURANCE OF
A NATURAL PERSON UNDER A SPECIAL TEMPORARY PERMIT
Notwithstanding the
assumption of civil liability by a registered and licensed professional in
cases of a collaborative practice, foreign nationals, including former
Filipinos, who want to engage in the general practice of state – regulated
professions as defined under the pertinent Professional Regulatory Law must
secure locally their professional liability insurance, malpractice insurance,
or their acceptance equivalent in bond from commensurate with the nature and
magnitude of their project involvement and their compensation as applicable.
Section 18
TRANSITORY PROVISION
All foreign professionals
who practice a profession in the Philippines without a Certificate of
Registration and/or Professional Identification Card, or Special Temporary
Permit pursuant to PRC Resolution but who are not yet subjected to any
sanctions, shall have ninety (90) days from the effectivity of this Resolution
to secure the said Certificate of Registration and Professional Identification
Card or Special Temporary Permit without penalty upon compliance with the
requirements set forth in this resolution.
Section 19
SEPARABILITY CLAUSE
If any provision or part
of the guidelines, or application thereof to any person or circumstance, is
held not constitutional or not valid by the Courts, the remaining valid
provisions thereof shall not be affected thereby.
Section 20
REPEALING CLAUSE
PRC Resolution Nos. 98 –
547 and 98 – 549 series of 1998 are hereby expressly repealed and other
existing resolutions, orders, circulars, or other issuances that may be
inconsistent herewith are deemed repealed, amended, and/or modified
accordingly.
Section 21
EFFECTIVITY
This Resolution shall take
effect after fifteen (15) days following its full and complete publication in
the Official Gazette or in any daily major newspaper of general circulation in
the Philippines.
Let a copy hereof be
furnished to the UP Law Center, the Department of Labor and Employment (DOLE),
the Department of Justice (DOJ), Department of Foreign Affairs (DFA), Bureau of
Immigration (BOI), Commission on Higher Education (CHED), and to all concerned
derivative agencies for their information and guidance as well as for their
dissemination or circularization.
Done in the City of Manila
this 21st day of June, 2012.
TERESITA R. MANZALA
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