THE RULES AND REGULATIONS GOVERNING THE REGULATION AND
PRACTICE OF PROFESSIONALS
Pursuant to Section 5,
paragraph (n) of Presidential Decree No. 223, the following Rules and
Regulations are hereby promulgated with the view of effectively implementing
policies with respect to the regulation and practice of professionals:
ARTICLE I
DEFINITION OF TERMS
Section
1
Unless otherwise provided,
the following terms shall be understood to mean:
a. Commission – The Professional Regulation Commission
created under Presidential Decree No. 223.
b. Boards – all regulatory boards under the Commission,
including those that may hereafter created. The existing regulatory Board are
the following:
1.
Board of
Accountancy
2.
Board of
Aeronautical Engineering
3.
Board of
Agricultural Engineering
4.
Board of
Architecture
5.
Board of Chemical
Engineering
6.
Board of Chemistry
7.
Board of Civil
Engineering
8.
Board of Customs
Brokers
9.
Board of Deck
Officers
10. Board of Dentistry
11. Board of Electrical Engineering
12. Board of Electronic and Communications Engineering
13. Board of Engine Officers
14. Board of Foresters
15. Board of Geodetic Engineering
16. Board of Geology
17. Board of Master Plumbing
18. Board of Mechanical Engineering
19. Board of Medicine
20.Board of Medical Technology
21. Board of Metallurgical Engineering
22. Board of Midwifery
23. Board of Mining Engineer
24. Board of Naval Architecture and Marine Engineering
25. Board of Nursing
26. Board of Nutrition and Dietetics
27. Board of Optometry
28. Board of Pharmacy
29. Board of Physical and Occupational Therapy
30. Board of Sanitary Engineering
31. Board of Social Workers
32. Board of Sugar Technology
33. Board of Veterinary Medicine
c. Professionals – those whose names appear in the
registration book of the Commission as authorized to practice their respective
professions.
d. Practicing professionals – those who are engaged in,
or are performing acts constituting public practice of their respective
professions whether regularly or otherwise, including those holding positions
in the government, requiring knowledge of their professions.
ARTICLE II
COMPOSITION OF THE
COMMISSION
Section 1
The Commission shall be
composed of three members, namely, a full time chairman and two full time
Associate Commissioner. Any vacancy in the Commission shall be filed for the
unexpired term only with the most senior of the Associate Commissioners
succeeding the Chairman at the expiration of his term, resignation or removal.
Section 2
The Chairman and Associate
Commissioners shall be appointed by the President for a term of nine years without
reappointment to start from the time they assume office. No persons shall be
appointed Chairman of Associate Commissioner unless he is at least forty years
of age, familiar with the principles and methods of professional regulation or
licensing, and has at least five years of executive or managerial experience
Section 3
The Chairman and the
Associate Commissioners shall as a body, exercise general administrative
executive and policy making functions for the whole agency
Section 4
The Chairman is the
official spokesman of the Commission. He shall preside at all meetings and
shall sign all official documents, letters and communications for the
Commission.
ARTICLE III
Application, Examination and
Registration
Section 1
Before an applicant for
admission as a professional may be admitted to the first subject of the
licensure examinations he is applying for, he must, on the first day of
examination possess all the qualification prescribed by law and the Rules and
Regulations for said examinations.
Section 2
All applications shall be
made in the form prescribed by the Commission and no application made otherwise
will be adopted. All questions in these forms must be answered in full and in
the hand writing of the applicant. A dash or line is not an answer to any
question. A false statement knowingly made in the application or any deception,
misrepresentation or fraud on the part of the applicant will be sufficient
cause for the cancellation of his examination papers and a ground for criminal
prosecution. The application shall be accompanied by the examination record
card that will be furnished by the Commission, free of charge, two recent size
2 x 2½ bust photographs, the birth
certificate of applicant, or proof of its loss and affidavits of birth,
executed by parents or persons familiar with the family, and if required, a
medical certificate in a prescribed form, as well as proof of Filipino
citizenship or reciprocity between the Republic of the Philippines and the
state of or country of which he is a subject or citizen.
Section 3
The applicant may be
required to submit his birth certificate or his high school diploma whenever
necessary to establish facts which may be proved by the said documents.
The provision of this
section, as amended, shall apply to all applications, including those filed
prior to the effectivity of this amendment.
Section 4
Every school, college or
university granting or conferring academic degrees which are qualification
requirements for admission to the regulated professions, shall submit at the
end of each school year an official list of its graduates in every discipline where
the graduate there have to take the licensure examination as a condition
precedent to their admission to, and registration for, the practice of the
profession. The list shall be certified to by the Dean of the College and the
registrar of the school, college or university. No application shall be
accepted, or if accepted no application shall be processed, unless the name of
the applicant appears in the certified list of graduates submitted directly to
the Commission by the school, college or university which granted or conferred
upon him the academic degree.
Section 5
The examination fee must
be paid to the Cashier of the Commission upon the filing of the application
Section 6
Notice of the final action
taken on the application must be relayed to the applicants at least two days
prior to the first day of the licensure examinations applied for.
Section 7
An applicant whose
application has been duly approved shall be issued a Notice of Admission and
shall be given detailed instructions on how the examinations shall be
conducted. Said Notice of Admission shall contain instructions to examinees
designed to avoid impersonation and chatting, and to ensure the anonymity of
the examination papers before the release of the examination results.
Section 8
Violation of any of the
instructions shall subject the erring candidate or examinee to administrative
disciplinary action which may include cancellation of his examination papers
and department from taking future board examinations.
Section 9
Licensure examinations
shall be conducted in accordance with the general procedure prescribed by the
Commission. It shall, among others, embody provisions that will ensure that
only those whose applications which have been duly approved together with the
payment of examination fees are admitted, and provisions that will guard
against impersonation, cheating and error in attaching sealed identification
numbers.
Section 10
No candidate or examinee
shall, during the progress of the examination communicate with fellow candidate
or examinee by means of words, signs, gestures, codes and other similar acts
which may enable him to exchange, impart or acquire relevant information.
Violation of this provision, or any misconduct or irregularity committed by a
candidate or examinee shall be sufficient cause for the cancellation of his
examination papers or debarment from taking future examinations, or both.
Section 11
Investigations for
violators of the instructions to examinees and for violation of the preceding
section may be summary in nature at the option of the Commission.
Section 12
In the case of an
application for registration without examination, the application and the
necessary proof of qualification must be filed, accompanied by the deadline set
in the Board Law concerned or the Rules and Regulations promulgated in
pursuance thereof.
Section 13
Each Board shall prepare a
program of examination and the same shall be issued to the examinees at least
ten days before the date of the start of the examinations. No program shall be
issued indicating the name of the Board Member of a given subject or subjects.
Section 14
The Board concerned, in a
meeting called for the purpose, shall allocate the subjects in the examination
among the chairman and members thereof. The test questions in the subject or
subjects allocated to a member shall be personally prepared by, and as far as
practicable, in the handwriting of, the Board Member to whom the subject or
subjects are assigned. The allocation of subjects among the Board Members shall
be kept strictly confidential until after the release of the results of the
examination.
Section 15
The questions, which shall
be signed by the Board Members concerned, shall be ready for printing on the
day of the examination, and should be personally brought by the Board Member to
the place of examination. If this is not possible, the Board Member may request
the Chairman of the Commission or his authorized representative to take them to
the place of the examinations. The question should be placed in the envelope
securedly sealed. This envelope must be enclosed in another envelope which
might be opened without revealing the questions. The Board Member concerned
whenever possible, must be present, during the printing of his questions.
Section 16
The original questionnaire
in the handwriting of the author thereof duly signed by him shall be given to
the Chairman of the Commission after the printing for purposes of record.
Section 17
A permanent file of these
questions shall be kept together with five mimeographed copies. Unless
otherwise directed by the Commission, these questions shall be treated as
confidential matters until after the release of the results of the particular
examinations.
Section 18
In preparing questions,
the following rules shall be strictly observed:
a. The time to be allowed for answering the entire
questionnaire in a given subject must be stated which should be determined
according to the type, character, nature, and number of questions from the
average examinee’s point of view.
b. Questions should be definite and should require
definite answers. The construction of the questions should be complete and
carefully checked to avoid the possibility of ambiguity or of misunderstanding
of the same average examinee.
c. Questions should be reasonable, neither too difficult
not too easy. A relatively uniform standard as to the degree of difficulty of
the questions should be adhered to. Extremes should be avoided.
d. As much as possible, the questions should cover only
basic fundamentals relevant to the practice of the profession concerned.
e. Members of the Board should strive to make their
questions as fair, practical and representative as possible keeping in mind
that the examinations are designed to test proficiency in the practice of the
involved. If possible, new terms, inventions and discoveries which have not
been widely treated in common textbooks should be avoided.
f. Whenever aids like engineering handbooks, logarithmic
tables, slide rules and the like may be allowed, should be stated.
g. Samples of old questions may be referred for guidance.
The questions to be given should be original and should not be copies verbatim
from old questionnaires, textbooks, quizzes or outlines used in school classes
or review courses.
h. The Board Member should always carefully proofread the
stencil for the questionnaire before it is release for mimeographing.
Section 19
a. The Professional Regulation Commission and the Board
shall jointly have charge over the conduct of the examinations given by the
Board according to these rules and regulations
b. During the printing of the questions, the Board Member
or Members concerned and the employees assigned shall be the only persons
allowed to remain within the premises where the printing is being done and
shall refrain from going out until the printed questions shall have been
accounted for and distributed to the examinees.
Section 20
Board
Members shall help maintain inviolative the integrity of licensure
examinations. When asked to clarify and explain their questions, Board Members
should give the explanations to all examinees in the examination room.
Section 21
Persons other than the
examinees, the Members of the Board, and duly authorized officials and
employees of the Commission shall not be allowed in the premises of the
examinations at all times.
Section 22
The following provisions
shall govern the postponement of licensure examinations and other special
cases:
a. Only the Commission, upon recommendation of the
particular Board concerned may reschedule any examinations or series of
examinations
b. No previously scheduled examination shall be postponed
or canceled on the date of the examination, except upon previous consultation
of the Board concerned with the Commission, when feasible, or with the Chairman
or any of the Commissioners, in exceptional cases.
c. In special cases where the examinations may be canceled
upon the authority of the Board concerned or of the Chairman or any of the
members thereof if no quorum of said Board can be thereat. Nevertheless,
efforts should be exerted to obtain the previous approval of the Commission or
at least of the Chairman or any of the Commissioners thereof.
d. Scheduled examinations may be generally be postponed
only in cases of public calamities in the place of the examinations, such as
unusually high floods, or fire, or earthquake in the building or buildings
where examinations are conducted such that the examinations therein would be
disrupted, epidemics raging widely in the vicinity of the examinations or other
incidents of general character affecting the public as a whole.
e. Examinations may be postponed or canceled and reset
for another date for the above causes mentioned in the immediately preceding
paragraph if twenty – five percent of the total number of examinees admitted
are absent, in which case the examinations in regard to those present shall not
proceed but the entire examination for all examinees shall be rescheduled.
f. In case an examination is begun and then interrupted
by any fortuitous event such as fire or earthquake, in a manner that the
examinations cannot proceed without endangering life, the said examination
shall be canceled off and canceled in regard to all examinees in the subject
and special examination rescheduled.
g. No special examinations for any cause whatsoever
personal to an examinee or examinees, such as sudden illness or the like shall
be given
h. No examinations for any particular candidate shall be
given outside the examination building or place where the examinee cannot be
observed not only by the watchers of the Commission but by the other examinees
as well.
i. Under normal conditions, examinees arriving late may
be admitted if the tardiness does not exceed thirty minutes and provided that
no other examinee has finished taking the examinations and has submitted his or
her papers. However, should the examinations proceed notwithstanding the
adverse conditions mentioned in paragraph (d) hereof, examinees who arrive late
may be allowed to take the examinations and their time allotment extended at
the discretion of the Board concerned or of its Chairman or any of the members,
if no quorum can be held, upon previous consultation with, and approval of the
Chairman or any of the Commissioners,
when feasible, provided that the examinations are administered under the
strictest conditions to preserve their integrity.
Section 23
Each Board Member shall be
given only one bunch of fifty papers or such number may be authorized by the
Commission, for correction at a time by the Chief of the Rating Division or his
authorized representative who shall record and receive the same after the
correction.
Section 24
The answer to every
question must be corrected, and scored by the member of the Board to whom the
subject has been allocated or assigned. He shall consistently use blue colored
pencil or ink for the original correction and scoring of the test papers.
Section 25
Answer to each question
should be graded on a one hundred per cent point basis. If the question is
composed of subdivision or if it lands to being divided into essential parts or
points to be covered, the one hundred per cent should be apportioned
accordingly among the subdivision or parts. If credits are specified for each
question, each such credit should be the rating for perfect answer to the
question; for instance, if twenty percent is indicated for question no. 1 on
the questionnaire, a perfect answer gets twenty per cent. Answers less than
perfect should be given aliquot parts of the credit indicated, according to the
relative merit, of the answer as determined by the Board Members; provided,
that where a question calls for an enumeration or an answer that lends itself
to subdivisions, the credit indicated should be divided by the number of items in
the required answer; for example, if a question marked twenty per cent on the
question sheet can be broken up into ten items, each item should be given a
credit of two percent. The grade given to each number should be clearly written
on the examination papers. In case the rating given by the Board Member to an
answer differs by more than ten per cent from that given by another, they shall
so adjust their ratings so that the difference would not be more than ten
percent.
Section 26
At the start of the
correction of the test paper, the Board Member to whom the subject is allocated
or assigned shall take a random sampling of the results thereof. The samples
shall not less than ten percentum (10%) of the total number of test papers in the
subject. Immediately thereafter, the Board concerned, in a meeting called for
the purpose, shall determine and adapt by resolution, the percentage of
passing, and the final rating of each test paper on the basis of the raw score
obtained by the examinee.
Thereafter, the test
questions shall be corrected, scored and rated in accordance with the
resolution of the Board. The Board determination and resolution shall be kept
strictly confidential.
Section 27
If it is desired to change
a rating already given, the same should be crossed out, not erased, and the
revised rating indicated above the altered rating, initiated by the Board
Member making the change.
Section 28
The member of the Board
shall not open or cause to be opened the small sealed envelopes attached to the
examination papers.
Section 29
After all the test paper
have been rated and initialed by members of the Board, the test papers shall be
turned over by the Board to the Commission or any member may no longer make
changes except as a consequence of the deliberation of the close or borderline
cases as herein below specified.
Immediately after the
turnover, the Chairman of the Commission shall order (a) the computation of the
final rating for each test paper; (b) the opening of the attached sealed
envelopes for the purpose of assembling the test papers of each examinee; (c)
the computation of the final grades in the report of ratings.
Section 30
Close or borderline cases
shall refer to the following:
a. Cases of candidates whose original general averages
are not more than two per cent below the passing general average fixed by law
or regulation; provided , that the candidates concerned have no original or
unadjusted disqualifying rating in any subject that is more than two per cent
below the minimum rating prescribed by law or regulation nor more than two
percent below fifty per cent which is prescribed in any subject where no
minimum rating is required by law or regulation.
b. Cases of candidates who obtained passing original or
unadjusted general averages but who have disqualifying rating in individual
subjects which are not more than two percent below the minimum rating
prescribed by law or regulation, or not more than two per cent below fifty per
cent in any subject where no minimum rating is required by law or regulation.
c. In close or borderline cases, the general rating of
the candidates shall not be adjusted automatically to the passing general
average of to the required minimum rating; only those whose papers are found to
merit such adjustments after a careful review thereof shall be adjusted.
d. The authority of the different Board to deliberate on
close or borderline cases may be exercised only after the general averages of
the candidates have been computed but before the identities of the candidates
are known; such deliberation shall in no case be made after the identities of
the candidates shall have become known.
Section 31
The Chairman of the
Commission will call a meeting of the Board to deliberate on close or
borderline cases.
Section 32
The Board concerned shall
adapt its resolution on the tabulated results of the examinations which shall
both be transmitted to the Commission for approval.
Section 33
Unless otherwise fixed by
the Commission as the circumstances may warrant, the examination papers, duly
scored and rated shall be submitted for approval not later than
one hundred and twenty
days after the last examination day.
Section 34
Board Members shall not
release any information about the results of the examinations while the same
are under consideration. No Board Members shall inform a candidate of his
rating or standing in the examinations before the official release to the media
of the results thereof. All that transpired during the deliberation shall be
kept confidential
Section 35
The insertion of names of
candidates in the table of results shall be strictly confidential and may not
be witnessed by those unauthorized including the Board Members.
Section 36
Requests for
reconsideration or rating may be entertained only on grounds or mechanical,
clerical or clear errors of if it is conclusively shown that there had been
malfeasance or misfeasance in the rating of the papers, such requests to be
filed with the Commission within ninety days from the date of the official
release of the results of the examination.
Section 37
There shall be created a
Committee composed of three members which shall go over the examination papers
before the opening of the sealed envelopes to determine if there is any
irregularity in any examination papers. It shall report its findings to the
Commission.
Section 38
Certificates of
registration shall be issued to every examinees who qualifies in the
examinations, and who has met the requirements prescribed in the Board Law
concerned and those Rules and Regulations and other regulations. No certificate
of registration shall, however, be issued to any candidate convicted by a court
of competent jurisdiction of any offense involving moral turpitude, to any
candidate of unsound mind; provided, however, that after the lapse of two
years, for reasons of equity and justice, the Commission may issue such
certificate of registration upon recommendation of the Board.
Section 39
a. Every certificate of registration shall show the full
name of the registrant with a serial number, and shall be assigned by all the
Members of the Board and the Chairman of the Commission. It shall likewise carry
the official seals of the Board concerned and the Commission with a recent size
2” x 2” bust photograph of the registrant affixed and sealed on the upper right
hand corner thereof.
b. The certificate of registration issued by the Board to
the registrant shall be evidence that the person named therein is entitled to
the rights and privileges appurtenant to the profession to which he belongs
while said certificates remains in force or unrevoked.
Section 40
Every successful examinee
must before exercising the rights and privileges of a professional, take his
professional oath in the form prescribed by the Commission, before any persons
authorized to administer the same. Prior thereto or upon qualifying in the
licensure examinations the registration fee as provide for by law shall be paid
to the Commission.
Section 41
An annual registration fee
prescribed by law shall be charges every practicing professional which must be
paid not later than January 20 of the year next following the calendar year in which
it is due. Failure to pay this fee for five continuous years shall constitute
sufficient cause for the suspension of his registration certificate.
Section 42
A duplicate certificate of
registration may be issued upon the filing of a petition to that effect
incorporating therein the affidavit of the petitioner specifying the
circumstances surrounding its loss. The Commission may charge the proper fee
thereof.
ARTICLE IV
Administrative Investigations
Section 1
A complaint against a
professional or an examinee for Immoral or dishonorable conduct; insanity;
conviction or a criminal offense involving moral turpitude; unprofessional or
unethical conduct; gross negligence or incompetence in the practice of the
profession; the use of perpetration of fraud deceit in the acquisition of
registration certificate; or for any cause or causes as provided by the Act
creating the Board and the Rules and Regulations promulgated pursuant thereto,
shall be in writing and under oath.
Section 2
The complaint may be filed
by any person, firm or corporation, thru its duly authorized representative or
the Board itself may, motu propio, file the charge or charges.
Section3
The complainant, in his
complaint together with the sworn statements of his witness or witnesses, if any,
subject to cross examination by the respondent or his counsel during the
investigation, shall set forth distinctly, clearly and concisely the charge or
charges or the offense or offenses complained of.
Section 4
The complainant shall be
filed in six copies with the Commission which shall upon payment by the
complainant of the docket fee of ten pesos, designate a number which shall be
known as administrative case number. A paper complaint as determined by the
Commission may be exempted from the payment of docket fee.
Section 5
Any complaint may be
withdrawn by the complainant in writing and under oath. The Board shall
forthwith dismiss the case unless the Board, in the interest of the public and
for the protection of the standards of the profession, shall dee it necessary
to prosecute the case notwithstanding the withdrawal by the complainant.
Section 6
If the complainant appears
to have merit, the respondent shall be served with summons within five days from
the filing of the same.
Section 7
Summons shall consist of
the letter – subpoena requiring appearance of the respondent at a designated
time and place or letter requiring him to answer within the period therein
specified, and a copy of the complaint and its enclosure
Section 8
If the Board does not
require an answer, the respondent may at the initial hearing submit his answer
under oath, together with the sworn statements of his witness or witnesses and
such documentary evidence for his defense in six copies, serving simultaneously
a copy thereof upon the complainant
Section 9
If the respondent’s answer
is required, the Board shall set the case for hearing within five days after
receipt of said answer and unless there are other issues to be resolved, the
Board shall consider the case submitted for decision.
Section 10
In his answer, the
respondent shall state clearly and unequivocally if he elects to have a formal
investigation of the charges against him or to have the case decided on the
pleadings.
Section 11
Service of summons on the
respondent vests upon the Board the power to hear and decide the case even if
the respondent should subsequently leave the Philippines
Section 12
Service of summons,
pleadings, motions, notices, orders, decisions and other papers shall be made
either personally, or by mail at the last known or registered address or the
complainant and respondent or of their respective counsel. Any change in
address shall be reported in writing to the Board having charge of the
investigation. Service of summons, pleadings, motions, notice, orders,
decisions and other papers on the counsel’s record shall be binding on the
parties he represents; provided, however, that notice in open hearing shall be
sufficient notice to the parties present thereat.
Section 13
Service of summons,
pleadings, motions, notice, orders, or decisions and other papers may be made
by delivering personally a copy to the party of his attorney, or by leaving it
in his office with his clerk or with persons having charge thereof. If no persons
is found in his office, or is his office is not known, then by leaving the
copy, between the hours of eight in the morning and six in the evening, at the
party’s or his attorney’s residence, if known, with a persons of sufficient
discretion to receive the same.
Section 14
If service is not made
personally, service by registered mail shall be registry service exists in the
locality; otherwise, service may be made by depositing the copy in the post
office, in a sealed envelope, plainly addressed to the party of his attorney, if
known, otherwise at his residence, if known, other postage fully prepaid and
with instructions to the postmaster to return the mail to the sender after ten
days if undelivered.
Section 15
Personal service shall be
considered complete upon actual delivery. Service by ordinary mail shall be
complete upon the expiration of ten days after mailing unless the Board
provides otherwise. Service registered mail shall be complete upon actual
receipt by the addressee; but if he fails to claim his mail from the post
office within five days from the date of first notice of the postmaster service
shall take effect at the expiration of such time.
Section 16
Whenever the address of a
respondent is unknown and cannot be ascertain by diligent inquiry, service of
summons may, by leave of the Board, be effected upon him by publication in a
newspaper of general circulation and in such places and for such time as the
Board may order. Such service may be proven by the affidavit of the printer,
his foreman or principal clerk, or of the editor, business or advertising
manager to which affidavit a copy of the publication shall be attached.
Section 17
The respondent shall be
entitled to be represented by counsel to be heard in person to have a speedy
and public trial, to confront and to cross examine witness against him, and to
all other rights guaranteed by the Constitution
Section 18
The parties may appear
personally or with the aid of counsel. Any change in counsel of record must be
by leave of the Board
Section 19
Hearings or investigations
of administrative cases may be delegated by the Board through its Chairman to
any legal or hearing officer of the Commission. Such delegation of authority
shall not, however, preclude any member of the Board concerned from attending
the formal hearing. If the hearing or investigation is presided by a panel, the
ruling or order of the legal or hearing officer on points of law involved shall
be final and appealable to the Commission within two days. The appeal shall not
stay further proceedings.
Section 20
Unless the Board otherwise
directs for special reasons the order of the hearing shall be as follows:
a. The complainant must produce the evidence on his part
b. The respondent shall then offer the evidence in
support of his defense
c. The parties may then respectively offer rebuttal
evidence only, unless the Board, for good reasons, in the furtherance or
justice, permits them to offer evidence upon their original case
d. When the presentation of evidence is concluded, unless
the parties agree to submit the case without argument , the complainant or
counsel may make the opening argument followed by the respondent or counsel
with the complainant or counsel making the concluding argument
Section 21
The rules on evidence
shall be applicable in these investigations by technical errors in the
admission of the evidence which do not prejudice the substantive weights of
either party shall not initiate the proceedings.
Section 22
Any member of the Board or
hearing officer of the Commission have the power excludes from the hearing room
any person who, during the hearing conducts himself in a disorderly manner or
disrupts the proceedings.
Section 23
All motions shall be made
in writing except motions for continuance made in the presence of the adverse
party, or those made in the course of the hearing
Section 24
Motions for continuance
shall be served by the movant upon all parties concerned, at least five days
before the scheduled hearing sought to be postponed.
Section 25
No postponement shall act
upon the Board, without proof of service thereof, except when the Board is
satisfied that the rights of the adverse party or parties are not affected.
Section 26
No postponement shall last
more than ten days and in no case shall the Board grant more than two
postponements for each party. If, after two postponements either of both
parties are without counsel, the Board shall proceed with the hearing of the
case and shall conduct the cross examination of witnesses.
Section 27
If the complainant does
not appear the time and place designated in the summons, subpoena or in
subsequent order, the Board may dismiss the complaint for lack of interest or
failure to prosecute. But such dismissal without a hearing shall not be a bar
to a subsequent complaint for the same cause unless otherwise stated by the
Board.
Section 28
If the respondent does not
appear at the time and place designated in the summons, subpoena or in a
subsequent order, he may be declared in default and the Board shall thereupon
proceed to conduct the cross examination of the complainant and his witnesses
and render its decision in accordance with the facts alleged and proved.
Section 29
The Board, may in its
discretion require the complainant or respondent, or both, through their
respective counsel, should they have any, to submit their written memoranda in
support of their respective sides. Thereafter, the Board shall meet en banc to
render its findings of facts and to determine the penalty to be imposed if the
respondent shall be adjudged guilty of the charge or charges against him.
Section 30
The decision shall be in
writing and shall be signed by at least a majority of the Members of the Board
before who the case is filed.
Section 31
The decision shall contain
clearly and distinctly findings of facts and of law on which said decision is
based. If the complaint is based on a breach of rules and regulations or of the
ethics of the profession, the same shall also be stated in the decision.
Section 32
The filing of a criminal
case against any professional involving the same facts as in the administrative
case filed before the Board shall not suspend the proceedings of the latter
case. The Board may proceed independently of the hearing of the criminal case
and shall render its decision according to the facts proved and the law
involved.
Section 33
A petition for
reconsideration or for rehearing shall be filed within thirty days after
receipt of the decision. A petition filed after this period shall not be
entertained and shall be achieved without action uncles the Board, for special
reasons which must state in its decision decides to act on the petition. Only
one petition for reconsideration shall be entertained.
Section 34
No petition for
reconsideration shall be entertained unless it is for the following cause or
causes which in all probability may affect the substantive rights of the
aggrieved party:
a. Fraud, accident, mistake, or excusable negligence
which ordinary prudence could not have guarded against and by reasons or which
the aggrieved party has probably been impaired of this rights;
b. Newly discovered evidence, which he could not, with
reasonable diligence, have discovered and produced at the hearing, and which is
presented would probably alter the result;
c. Imposition of excessive penalty, or insufficiency of
the evidence to justify the decision, or that the decision is against the law
or not in accordance with the facts presented
Section 35
The respondent may appeal
the decision of the Board thirty days from receipt thereof to the Commission
whose decision shall be final. Complainant, when allowed by law, may interpose
an appeal from the decision of the Board within the same period.
Section 36
The decision of the Board
may, be appealed to the Commission by serving upon the adverse party and filing
with the Board within thirty days from notice of said decision, a notice of
appeal together with the arguments in support thereof and the payment of the
appeal fee of fifty pesos. The time during which a motion or petition for
reconsideration has been pending shall be deducted from the period of
perfecting an appeal unless such motion is pro forma or filed for purposes of
delay. Appealed cases shall be decided within a reasonable time.
Section 37
The notice of appeal shall
specify the parties, shall designate the decision appealed from the appellate
authority to which the appeal is taken.
Section 38
Upon the filing of the
notice of appeal, together with arguments thereof and the payment of the appeal
fee, the appeal shall be deemed perfected and the Board loses its jurisdiction
over the case
Section 39
The Secretary of the Board
shall transmit to the Commission the complete record of the case within five
days after appeal is perfected. The adverse party shall thereupon be given
time, which shall not be more than thirty days nor less than ten days, to
submit his counter arguments. Thereafter, the appeal shall be considered
submitted for resolution unless otherwise directed by the Commissioner.
ARTICLE V
Execution of Decision
Section 1
Execution shall issue only
upon a decision or order that finally disposes of the action or proceeding.
Such execution shall issue as a matter of right upon the expiration of the
period to appeal therefrom if no appeal has been duly perfected.
Section 2
Decisions or orders of the
various Boards which have become final and executory shall be immediately
enforced and executed.
ARTICLE VI
Relief from Decisions, Orders or Proceedings
Section 1
When a decision is
rendered by a Board in a case, and a party thereto, by fraud, accident, mistake
or excusable negligence, has been unjustly deprived of a hearing therein, or
has been prevented from taking an appeal, he may file a petition with said Board
in which the original decision was rendered, praying that such decision be set
aside and the case tried upon its merits. If the Board finds the petition to be
meritorious, it may grant the same subject to the prior approval by the
Commission.
Section 2
When decision has become
final and executory, or any other proceedings is taken against a party before
the Commission through fraud, accident, mistake or excusable negligence, he may
file a petition before the Commission
and in the same cause praying that the decision, order or proceeding be
set aside.
Section 3
A petition provided for in
either of the preceding sections of this article be verified, filed within
sixty days after the petitioner learns of the decision, order, other
proceedings to be set aside, and not more than six months after such decision
or order has become final and executory or such proceedings was taken; and must
be accompanied with affidavits showing the fraud, accident, mistake, or
excusable negligence relied upon, and the facts constituting the petitioners
good and substantial cause of action or defense, as the case may be.
ARTICLE VII
Investigations against Board Members
Section 1
The Commission may at its
own instance or upon complaint of other persons under oath initiate and conduct
administrative investigation against any Members of the various Boards for
neglect of duty, incompetence, unprofessional or dishonorable conduct, or such
other cause or causes as may be provided for by law. The investigation shall be
completed within thirty days and the Commission shall forthwith submit its
findings and recommendations to the President of the Philippines.
Section 2
The respondent Members of
the Board shall be informed of the charges against him, shall be entitled to be
represented by counsel or be heard in person, to have a speedy and public
trial, to conform and to cross examine witnesses against him and to all other
rights guaranteed by the Constitution.
ARTICLE VIII
Ocular inspection of plants, establishments, etc
Section 1
There shall be a periodic
ocular inspection or visit of industrial, mechanical, electrical or chemical
plants or works, hospitals, clinics and other engineering works where
professionals are employed or are working for the purpose of determining
compliance with the provisions of laws relative to the practice of the
profession or occupation or as an aid in formulating policies relative thereto
in accordance with the established policies promulgated by the Constitution.
Section 2
The visitorial power of
the different Board may be delegated to any professional regulation officer of
the Commission, who, shall, within five days after the inspection submit his
reports and recommendations.
Section 3
The different Board shall
gather information relative to the nature, terms and conditions of employment
or contract of professionals, and whenever necessary and applicable, the type
of work, project, plant and the like of a firm, company, corporation, etc.; its
machinery and their horse power ratings, chief engineers, operating engineers
and mechanics, number of work shifts and their duration, particular unit
operations, finished products and average daily output or production unit
process and engineering operations; number, size, capacity and performance of
equipment and apparatus in use, nature of purpose of the laboratory or factory,
voltage and other pertinent data.
Section 4
Any person, company,
corporation, hospital, or clinic who shall impair or in any manner defeat the
visitorial power of the various Boards shall be subject to public censure by
the Commission.
ARTICLE IX
Accreditation of Professional Organizations
Section 1
In order to be accredited,
a professional organization must have the following qualifications:
1. It must have been established in good faith;
2. It must be established for professional ends and not
for profit or business enterprise
3. Its members must be substantial in number
4. Its composition must be homogenous, that is, it must
be composed of licen – titles of one particular profession only.
5. It must be national in scope, that is, it must come
from all parts of the Philippines and not from a particular province or city
only
Section 2
The application for
accreditation shall be filed by the President of the Organization, accompanied
by his affidavit in positive terms that the organization which he represents
was established in accordance with the preceding section, and a list of members
with the corresponding registration certificate numbers and site of practice of
individual members
Section 3
A certificate of
accreditation bearing the name of the professional organization signed by the
Chairman and Members of the Commission and with its seal affixed shall be
issued to the professional organization whose application has been approved
upon payment of a fee of five hundred pesos.
ARTICLE X
MISCELLANEOUS PROVISIONS
Section 1
The compensation provided
for by law for Members of the various Boards shall be equitable divided and
paid as follows: fifteen percent after giving the examinations, which covers
the preparation of questions and administration of the examinations, seventy –
five percent after completion of the correction of the examination papers
allotted to the member; and, ten percent after signing the registration
certificates of all successful examinees.
Section 2
Unless the Commission
otherwise directs, each regulatory Board shall hold at least one regular
monthly meeting on a date to be arranged with the Secretary of the Boards to
perform its functions which cover not only the preparation of questions,
administration of examinations, deliberation on examination results, and the
signing of registration certificates, but include as well the regulation of the
practice of their respective professions. But the Chairman of each Board shall
see to it that he or one Board Member reports once a week on a fixed date to
act as Officer – in – charge and coordinator for such Board. The attendance of
the Members of the Board shall be recorded in the offices of the Executive
Director and the Secretary to the Boards.
Section 3
Rules and regulations,
resolutions and other actions involving policy of any of the various Boards
except orders or decisions in administrative cases shall be subject to prior
approval by the Commission for their effectivity.
Section 4
No signature, vote or
action and other Member of the various regulatory Boards on any official matter
may be withdrawn or changed after the lapse of five days from the time he
affixes his signature or otherwise makes known his stand, or even before
approved or confirmed by the Commission.
Section 5
The Commission may, from
time to time prescribe or revise, in conjunction with the Board concerned and
the Secretary of Education and Culture or his authorized representative,
collegiate courses the completion of or graduation from which shall be a pre –
requisite for admission into the practice of the profession concerned.
For this purpose, there
shall be created a Curriculum Review Unit, the functions of which shall be:
a. To schedule the
review of individual collegiate courses during the year.
b. To invite
representatives of the Department of Education and Culture, members of the
regulatory Boards, and other educators to serve as consultants in its review of
collegiate courses
c. To submit its
findings and recommendations to the Commissioner who shall prescribe the
revisions in conjunction with the Secretary of Education and Culture.
Section 6
No seminar, workshop,
lecture and the like designed to advance knowledge or proficiency in any except
those conducted or sponsored by schools, colleges and universities recognized
by the government, shall be conducted without prior approval of the Commission
upon recommendation of the particular Board, and, when practiced by the favorable
endorsement of the accredited professional organization concerned. Violation
hereof shall be cause for administrative action against those responsible
therefore.
Section 7
Due recognition shall be
accorded outstanding achievements. For this purpose, certificates of merits may
be awarded to practicing professional who have shown exceptional achievement
and greatly contributed to the enhancement of the professions to which he
belongs upon recommendation of the Board.
Section 8
A complete record of
foreign nationals who are authorized to practice their professions for a
limited period, containing such information as place and date of birth,
nationality, profession, situs of stay, situs of practice, nature of work, name
of employer, if employed, name of body or organization, if granted special
merit and the like shall be maintained. Their activities shall, from time to
time, be looked into in an effort to see that the terms and conditions for
their employment are strictly observed and adhered to.
Section 9
Officers, attorneys of the
Commission, and Members of the various Boards may administer such oaths as may
be necessary in the transaction of official business and take testimony in
connection with any authorized investigation; provided, that all employees not
herein above mentioned who are authorized by the Commission to administer oaths
shall have such authorization in writing.
Section 10
Efforts shall be exerted
to send at least one official or employee of the Commission on scholarship
grants to enable him to acquire progressive ideas from more advanced countries
especially among public administration as well as matters relating to the
various professions.
Section 11
Designation of supervisors
and room examiners shall be limited to the list of government or private
individuals who have been trained for that purpose by the Commission.
Section 12
Examination papers may be
disposed of, with or without cost, after one year from the date of release of
examination results, applications and other supporting papers shall be
preserved for a period of less than five years.
ARTICLE XI
Repealing Clause
Section 1
All rules, regulation,
memoranda, circulars, or parts thereof in conflict with the provisions of these
rules and regulations are hereby repealed or amended accordingly
ARTICLE XII
Effectivity
Section 1
Those rules and
regulations shall take effect after fifteen days following the completion of
the publication in the Official Gazette.
Promulgated by the
Professional Regulation Commission, this 9th day of December 1974 in
the city of Manila, Philippines
Eric C. Nubla
Acting Commissioner
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