Presidential Decree No. 223

PRESIDENTIAL DECREE No. 223

CREATING THE PROFESSIONAL REGULATION COMMISSION AND PRESCRIBING ITS POWERS AND FUNCTIONS

WHEREAS, the regulations of the various profession presently regulated by the Office of the Boards of Examiners is so extensive, practically covering all social and economic life of the country;

WHEREAS, the existence of the Boards of Examiners is misconstrued for a number of years now as nothing more than an examining unit, though all the professional laws creating the various Boards have charged them with the supervision and regulation over the professional practice in the Philippines; and

WHEREAS, to effectively enforce the laws regulating the various professions, there is an urgent need to create a three–man Commission to administer, implement, coordinate and supervise the various Boards of Examiners;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution as Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081 dated September 21, 1972, and General Order No. 1 dated September 22, 1972, as amended, do hereby order and decree:

Section 1

Professional Regulation Commission

There is hereby created a three–man Commission to be known as the Professional Regulation Commission which shall be attached to the Office of the President for general direction and coordination.

Section 2

Composition

The Commission shall be headed by one full time Commissioner and two full time Associate Commissioners, all to be appointed by the President for a term of nine (9) years without reappointment to start from the time they assume office, except the first two Associate Commissioners who shall be appointed, one for six (6) years and the other for three (3) years, and thereafter, any vacancy in the Commission shall be filled for the unexpired term only with the most senior of the Associate Commissioners succeeding the Commissioner at the expiration of his term, resignation or removal. No person shall be appointed chairman or member of the Commission unless he is at least forty (40) years of age, familiar with the principles and methods of professional regulation and/or licensing and has at least five (5) years of executive or managerial experience.

Section 3

Exercise of powers and functions of the Commission

The Commissioner, who shall be the Chairman of the Commission, and the Associate Commissioners as members thereof shall, as a body, exercise general administrative, executive and policy-making functions for the whole agency.

Section 4

Compensation

The Commissioner shall receive an annual compensation of forty-eight thousand pesos (P48,000) with five hundred pesos (P500) commutable transportation and representation allowances and the Associate Commissioners, thirty-six thousand pesos (P36,000) each with three hundred fifty pesos (P350) commutable transportation and representation allowances.

Section 5

Powers of the Commission

The powers of the Commission are as follows:

(a)   To administer, implement and enforce the regulatory policies of the National Government with respect to the regulation and licensing of the various professions and occupations under its jurisdiction including the maintenance of professional and occupational standards and ethics and the enforcement of the rules and regulations relative thereto.

(b)   To perform any and all acts, enter into contracts, make such rules and regulations and issue such orders and other administrative issuances as may be necessary in the execution and implementation of its functions and the improvement of its services.

(c)    To review, coordinate, integrate and approve the policies, resolutions, rules and regulations, orders or decisions promulgated by the various Boards with respect to the profession or occupation under their jurisdictions including the results of their licensures examination but their decisions on administrative cases shall be final and executory unless appealed to the Commission within thirty (30) days from the date of promulgation thereof.

(d)   To administer and conduct the licensure examinations of the various Boards according to the rules and regulations promulgated by it; determine and fix the places and dates of examinations; appoint supervisors and room examiners from among the employees of the Government or private individuals who have been trained by the Commission for that purpose who shall be entitled to a daily allowance of not less than ten pesos (P10) for every examination day actually attended; use the buildings and facilities of public and private schools for examination purposes; and approve the release of examination results;

(e)   To keep and maintain a register of authorized practitioners of the profession or occupation; issue certificates of registration or licenses signed by all the members of the Board concerned and the Commissioner with the official seal of the Board affixed;

(f)    To have custody of all the records of the various Boards including their examination papers, minutes of deliberation, records of administrative cases and investigations and examination results;

(g)   To determine, fix and collect the amount to be charged for examination, registration, registration without examination, licenses, annual registration fees, certifications, surcharges and other fees not specified under the provisions of Republic Act No. 6511 or amend the rates provided thereunder subject to approval by the Office of the President;

(h)   To appoint, subject to the provisions of existing laws, such as officials and employees of the Commission as are necessary in the effective performance of its functions and responsibilities, prescribed their duties and fix their compensation; and to organize or reorganize the structure of the Commission, create or abolish positions, change the designations of existing positions to meet changing conditions or as the need therefor arises; Provided, That such changes shall not affect the employment status of the incumbents, reduce their ranks and/or salaries nor result separating them from the services;

(i)     To submit and recommend to the President of the Philippines nominees for appointment as members of the various Boards from among those nominated by the bona fide professional organizations accredited by the Commission to fill existing or probable vacancies;

(j)     The Commission may, upon the recommendation of the Board concerned, approve the registration of and authorize the issuance of a certificate of registration with or without examination to a foreigner who is registered under the laws of his country: Provided, That the requirement 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 the subject or citizens of such foreign state or country: Provided, finally, That the applicant shall submit competent and conclusive documentary evidence, confirmed by the Department of Foreign Affairs, showing that this country's existing laws permit citizens of the Philippines to practice the profession under the rules and regulations governing citizens thereof. The Commission is also hereby authorized to prescribe additional requirements or grant certain privileges to foreigners seeking registration in the Philippines if the same privileges are granted to or some additional requirements are required of citizens of the Philippines in acquiring the same certificates in his country;

(k)   The Commission shall have general supervision over foreign nationals who are authorized by existing laws or granted special permits to, practice their profession temporarily in the Philippines to see that the terms and conditions for their employment are strictly observed and adhered to;

(l)     To 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 prerequisite for admission into the practice of the profession concerned;

(m) To exercise general supervision over the members of the various Boards;

(n)   To promulgate such rules and regulations as may be necessary to effectively implement policies with respect to the regulation and practice of the professions;

(o)   To perform such other functions and duties as may be necessary to carry out effectively the various provisions of professional regulatory laws, decrees or orders;

Section 6

Powers, functions and responsibilities of various Boards

The various Boards shall retain the following powers, functions and responsibilities:

(a)   To look from time to time into the condition affecting the practice of the profession or occupation under their respective jurisdictions and whenever necessary, adopt such measures as may be deemed proper for the enhancement of the profession or occupation and/or the maintenance of high professional, ethical and technical standards and for this purpose the members of a Board may personally or through subordinate employees of the Commission conduct ocular inspection or visit industrial, mechanical, electrical or chemical plants or works, hospitals, clinics and other engineering works where registered practitioners of the profession or occupation 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 Commission;

(b)   To investigate violations of their respective laws and the rules and regulations promulgated thereunder and for this purpose may issue summons, subpoenas and subpoena duces tecum to alleged violators or witnesses thereof and compel their attendance to such investigations or hearings;

(c)    To delegate the hearing of investigation of administrative cases filed before them except in cases where the issue involved strictly concerns the practice of the profession or occupation, in which case the hearing shall be presided by at least one member of the Board concerned assisted by a legal or hearing officer of the Commission;

(d)   To promulgate decisions on such administrative cases subject to review by the Commission. If after thirty (30) days from the receipt of such decision no appeal is taken therefrom to the Commission, the same shall become final and immediately enforceable;

(e)   Subject to review by the Commission to approve registration without examination and the issuance of the corresponding certificates of registration;

(f)    After due process, to suspend, revoked or reissue certificates of registration for causes provided for by law or by the rules and regulations promulgated therefor;

(g)   To determine and prepare the contents of licensure examinations; score and rate the examination papers and submit the results thereof to the Commission within one hundred twenty (120) days after the last examination day unless extended by the Commission; and, subject to approval by the Commission determine the appropriate passing general rating if not provided for in the law regulating the profession.

Section 7

Names of various Boards

The names of the various Boards shall be changed by the Commission by deleting the word "Examiners."

Section 8

Transfer of personnel, funds, records, etc.

The present office of the Boards of Examiners, its personnel, funds, records, supplies, equipment, materials, furniture, and fixture are hereby transferred to the Commission.

Section 9

Repealing clause

The provisions of Republic Act No. 546 are hereby repealed as well as those of other pertinent laws inconsistent herewith.

Section 10

Effectivity

This Decree shall take effect immediately.

Done in the City of Manila, this 22nd day of June, in the year of Our Lord, nineteen hundred and seventy-three