REPUBLIC ACT No. 8981
AN ACT MODERNIZING THE PROFESSIONAL REGULATION
COMMISSION, REPEALING FOR THE PURPOSE PRESIDENTIAL DECREE NUMBERED TWO HUNDRED
AND TWENTY–THREE, ENTITLED "CREATING THE PROFESSIONAL REGULATION
COMMISSION AND PRESCRIBING ITS POWERS AND FUNCTIONS," AND FOR OTHER
PURPOSES
Be it enacted by the
Senate and House of Representatives of the Philippines Congress assembled:
Section
1
Title
This Act shall be called
the "PRC Modernization Act of 2000."
Section
2
Statement
of Policy
The State recognizes the
important role of professionals in nation–building and, towards this end,
promotes the sustained development of a reservoir of professionals whose
competence has been determined by honest and credible licensure examinations
and whose standards of professional service and practice are internationally
recognized and considered world-class brought about the regulatory measures,
programs and activities that foster professional growth and advancement.
Section
3
Professional
Regulation Commission
There is hereby created a
three–man commission to be known as the Professional Regulation Commission,
hereinafter referred to as the Commission, which shall be attached to the
office of the President for general direction and coordination.
Section
4
Composition
The Commission shall be
headed by one (1) full–time Chairperson and two (2) full-time Commissioners,
all to be appointed by the President for a term of seven (7) years without
reappointment to start from the time they assume office. Appointments to a
vacancy that occurs before the expiration of the term of a Commissioner shall
cover only the unexpired term of the immediate predecessor. At the expiration
of the Chairperson, the most senior of the Commissioners shall temporarily assume
and perform the duties and functions of the Chairperson until a permanent
Chairperson is appointed by the President.
The Chairperson or
Commissioner shall be at least forty (40) years of age, holding a valid
certificate of registration/professional license and a valid professional
identification card or a valid certificate of competency issued by the
Commission or a valid professional license issued by any government agency,
familiar with the principles and methods of professional regulation and/or licensing
and has had at least five (5) years of executive or management experience:
Provided, That, one (1) of the Commissioners must be a past Chairperson/member
of a Professional Regulatory Board.
Section
5
Exercise
of Powers and Functions of the Commission
The Chairperson of the Commission
and the Commissioners as members thereof shall sit and act as a body to
exercise general administrative, executive and policy–making functions of the
Commission. The Commission shall establish and maintain a high standard of
admission to the practice of all professions and at all times ensure and
safeguard the integrity of all licensure examinations.
The Chairperson shall act
as the presiding and chief executive officer of the Commission. As presiding
officer, he/she shall preside over the meetings of the Commission sitting as a
collegial body. As chief executive officer of the Commission, he/she shall be
responsible for the implementation of the policies and the programs adopted by
the Commission for the general administration of the Commission. He/she shall
perform such other activities which are necessary for the effective exercise of
the powers, functions and responsibilities of the Commission.
Section
6
Compensation
and Other Benefits
The Chairperson shall
receive compensation and allowances equivalent to that of a Department
Secretary while the Commissioners shall receive compensation and allowances
equivalent to that of an Undersecretary. The Chairperson and the members of the
Commission shall be entitled to retirement benefits provided under Republic Act
Numbered Fifteen Hundred and Sixty Eight, as amended by Republic Act Numbered
Three Thousand Five Hundred and Ninety Five.
Section
7
Powers,
Functions and Responsibilities of the Commission
The powers, functions, and
responsibilities 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 enhancement and 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 issuance as may be necessary in the
execution and implementation of its functions and the improvement of its
services;
(c)
To review,
revise, and approve resolutions, embodying policies promulgated by the
Professional Regulatory Boards in the exercise of their powers and functions or
in implementing the laws regulating their respective professions and other
official actions on non–ministerial matters within their respective
jurisdictions;
(d)
To administer and
conduct the licensure examinations of the various regulatory boards in
accordance with the rules and regulations promulgated by the Commission;
determine and fix the places and dates of examinations; use publicly or
privately owned buildings and facilities for examination purposes; conduct more
than one (1) licensure examination: Provided, That, when there are two (2) or
more examinations given in a year, at least one (1) examinations shall be held
on weekdays (Monday to Friday): Provided, further, That, if only one (1)
examination is given in a year, this shall be held only on weekdays: Provided,
finally, That, the Commission is also authorized to require the completion of a
refresher course where the examinee has failed to pass three (3) times, except
as otherwise provided by law; approve the results of examinations and the
release of the same; adopt measures to preserve the integrity and inviolability
of licensure examinations; appoint supervisors and room watchers from among the
employees of the government and/or private individuals with baccalaureate
degrees, who have been trained by the Commission for the purpose and who shall
be entitled to a reasonable daily allowance for every examination day actually
attended, to be determined and fixed by the Commission; publish the list of
successful examinees; provide schools, colleges and universities, public and
private, offering courses for licensure examinations, with copies of sample
test questions on examinations recently conducted by the Commission and copies
of the syllabi or terms of specifications of subjects for licensure
examinations; and impose the penalty of suspension or prohibition from taking
licensure examinations to any examinee charged and found guilty of violating
the rules and regulations governing the conduct of licensure examinations
promulgated by the Commission;
(e)
To admit the
successful examinees to the practice of the profession or occupation; cause the
entry of their names on its registry book and computerized database; issue
certificates of registration/professional license, bearing the registrant’s
name, picture, and registration number, signed by all the members of the Board
concerned and the Chairperson, with the official seal of the Board and the
Commission affixed thereto which certificate shall be the authority to
practice; and at the option of the professional concerned, ministerially issue
the professional identification card, to be used solely for the purpose of
identification, upon payment of the appropriate amount: Provided, That, marine
deck and marine engineer officers shall also be issued endorsement certificates
exclusively by the Commission pursuant to the 1978 and 1995 Standards of
Training, Certification and Watch-keeping (STCW) Convention, to the exclusion
of any other government agency, Section 1(2) of Executive Order No. 149, Series
of 1999 and provisions of other existing laws, executive orders, administrative
issuance/regulations to the contrary notwithstanding: Provided, further, That,
once a certificate of registration/professional license, or certificate of
competency, in the case of marine deck and engine officers are issued, this
cannot be withdrawn, cancelled, revoked, or suspended except for just cause as
may be provided by law after due notice and hearing;
(f)
To have custody
of all the records of the various Boards, including examination papers, minutes
of deliberation, records of administrative cases and investigations and
examination results for control and disposition;
(g)
To determine and
fix the amount of fees to be charged and collected for examination,
registration, registration without examination, professional identification
card, certification, docket, appeal, replacement, accreditation, including
surcharges and other fees not specified under the provisions of Republic Act
Numbered Four Hundred Sixty Five as amended by Republic Act Numbered Sixty Five
Hundred and Eleven or to charge and collect reasonable fees at the rates higher
than the rates provided thereunder subject to the approval by the Office of the
President.
(h)
To appoint
subject to the Civil Service laws, rules, and regulations, officials and
employees of the Commission necessary for the effective performance of its
functions and responsibilities; prescribe their duties and fix their
compensation subject to the provisions of Republic Act Numbered Six Thousand
Seven Hundred and Fifty Eight and allowances including other fringe benefits;
and to assign and/or reassign personnel as the exigency of the service requires
subject to the Civil Service laws, rules and regulations; and to organize or
reorganize the structure of the Commission; and create or abolish positions or
change the designation of existing positions in accordance with a staffing
pattern prepared by it and approved by the Office of the President upon the
recommendation of the Department of Budget and Management (DBM) to meet the
changing conditions or as the need arises: Provided, That, such changes shall
not affect the employment status of the incumbents, reduce their ranks and/or
salaries nor shall result in their separation from the service;
(i)
To submit and
recommend to the President of the Philippines the names of licensed/registered
professionals for appointment as members of the various Professional Regulatory
Boards from among those nominated to fill up vacancies pursuant to the
provisions of Executive Order No. 496, Series of 1991;
(j)
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 is 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 for a limited
period of time: Provided, finally, That agencies, organizations or individuals
whether public or private, who secure he services of a foreign professional
authorized by law to practice in the Philippines for 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:
(k)
To authorize any
officer of the Commission to administer oaths:
(l)
To supervise
foreign nationals who are authorized by existing laws to practice their
professions either as holders of a certificate of registration and a
professional identification card or a temporary special permit in the
Philippines; to ensue 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 temporary special
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 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 professionals 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
shall have 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;
(m) To monitor the performance of schools in licensure
examinations and publish the results thereof in a newspaper of national
circulation;
(n)
To adopt and
institute a comprehensive rating system for universities, colleges, and
training institutes based on the passing ratio and overall performance of
students in board examinations;
(o)
To exercise
administrative supervision over the various professional regulatory boards and
its members;
(p)
To adopt and
promulgate such rules and regulations as may be necessary to effectively
implement policies with respect to the regulation and practice of the
professions;
(q)
To implement the
program for the full computerization of all licensure examinations given by the
various professional regulatory boards including the registration of
professionals not later than the year 2003 and other operations of the
Commission;
(r)
To investigate
and decide administrative matters involving officers and employees under the
jurisdiction of the Commission;
(s)
To investigate
motu proprio or upon the filing of a verified complaint, any member of the
Professional Regulatory Boards for neglect of duty, incompetence,
unprofessional, unethical, immoral or dishonorable conduct, commission of
irregularities in the licensure examinations which taint or impugn the
integrity and authenticity of the results of the said examinations and, if
found guilty, to revoke or suspend their certificates of registration and
professional licenses/identification cards and to recommend to the President of
the Philippines their suspension or removal from office as the case may be;
(t)
To issue summons,
subpoena and subpoena duces tecum in connection with the investigation of cases
against officials and employees of the Commission and the members of the
Professional Regulatory Boards;
(u)
To hold in
contempt in erring party or person only upon application with a court of
competent jurisdiction;
(v)
To call upon or
request any department, instrumentality, office, bureau, institution or agency
of the government including local government units to render such assistance as
it may require, or to coordinate or cooperate in order to carry out, enforce or
implement the professional regulatory policies of the government or any program
or activity it may undertake pursuant to the provisions of this Act;
(w) To initiate an investigation, upon complaint under
oath by an aggrieved party, of any person, whether a private individual or
professional, local or foreign, who practices the regulated profession or
occupation without being authorized by law, or without being registered with
and licensed by the concerned regulatory board and issued the corresponding
license/professional identification card or temporary or special permit, or who
commits any of the prohibited acts provided in the regulatory laws of the
various professions, which acts are criminal in nature, and if the evidence so
warrants, to forward the records of the case to the office of the city or
provincial prosecutor for the filing of the corresponding information in court
by the lawyers of the legal services of the Commission who may prosecute said
case/s upon being deputized by the Secretary of Justice;
(x)
To prepare an
annual report of accomplishments on the programs, projects and activities of
the Commission during the year for submission to Congress after the close of
its calendar year and make appropriate recommendations on issues and/or
problems affecting the Commission, the Professional Regulatory Board, and the
various professions under its jurisdiction; and
(y)
To perform such
other functions and duties as may be necessary to carry out the provisions of
this Act, the various professional regulatory laws, decrees, executive orders
and other administrative issuance.
Section
8
Regional
Offices
The Commission is hereby
authorized to create regional offices as may be necessary to carry out their
functions mandated under this Act.
Section
9
Powers,
Functions and Responsibilities of the Various Professional Regulatory Boards
The various, professional
regulatory boards shall retain the following powers, functions and
responsibilities:
(a)
To regulate the
practice of the professions in accordance with the provisions of their
respective professional regulatory laws;
(b)
To monitor the
conditions 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 the Board duly authorized by the Commission with
deputized employees of the Commission, may conduct ocular inspection in
industrial, mechanical, electrical or chemical plants or establishments,
hospitals, clinics, laboratories, testing facilities, mines and quarries, other
engineering facilities and in the case of schools, in coordination with the
Commission on Higher Education (CHED);
(c)
To hear and
investigate cases arising from violations of their respective laws, the rules
and regulations promulgated thereunder and their Codes of Ethics and, for this
purpose, may issue summons, subpoena and subpoena duces tecum to alleged
violators and/or witnesses to compel their attendance in such investigations or
hearings: Provided, That, the decision of the Professional Regulatory Board
shall, unless appealed to the Commission, become final
and executory after fifteen (15) days from receipt of notice of judgment or
decision;
(d)
To delegate the
hearing or investigation of administrative cases filed before them except in
cases where the issue or question involved strictly concerns the practice of
the profession or occupation, in which case, the hearing shall be presided over
by at least one (1) member of the Board concerned assisted by a Legal or
Hearing Officer of the Commission;
(e)
To conduct,
through the Legal Officers of the Commission, summary proceedings on minor
violations of their respective regulatory laws, violations of the rules and
regulations issued by the boards to implement their respective laws, including
violations of the general instructions to examinees committed by examinees, and
render summary judgment thereon which shall, unless appealed to the Commission,
become final and executory after fifteen (15) days from receipt of notice of
judgment or decision;
(f)
Subject to final
approval by the Commission, to recommend registration without examination and
the issuance of corresponding certificate of registration and professional
identification card;
(g)
After due process,
to suspend, revoke or reissue, reinstate certificate of registration or
licenses for causes provided by law;
(h)
To prepare, adopt
and issue the syllabi or tables of specifications of the subjects for
examinations in consultation with the academe; determine and prepare the
questions for the licensure examinations which shall strictly be within the
scope of the syllabus or table of specifications of the subject for
examination; score and rate the examination papers with the name and signature
of the Board member concerned appearing thereon and submit the results in all
subjects duly signed by the members of the Board to the Commission within ten
(10) days from the last day of examination unless extended by the Commission
for justifiable cause/s; and subject to the approval by the Commission,
determine the appropriate passing general average rating in an examination if
not provided for in the law regulating the profession; and
(i)
To prepare an
annual report of accomplishments on programs, projects and activities of the
Board during the year for submission to the Commission after the close of each
calendar year and make appropriate recommendations on issues or problems
affecting the profession to the Commission.
Section
10
Compensation
of the Members of the Professional Regulatory Boards
The members of the
Professional Regulatory Boards shall receive compensation equivalent to, at
least, two salary grades lower than the salary grade of the Commissioners:
Provided, That the Chairperson of the Regulatory Board shall receive a monthly
compensation of two steps higher than the members of the Board, and: Provided,
further, That they shall be entitled to other allowances and benefits provided
under existing laws.
Section
11
Person
to Teach Subjects for Licensure Examination on all Professions
All subjects for licensure
examinations shall be taught by persons who are holders of valid certificates
of registration and valid professional licenses of the profession and who
comply with the other requirements of the CHED.
Section
12
Assistance
of Law Enforcement Agency
Any law enforcement agency
shall, upon call or request of the Commission or of any Professional Regulatory
Board, render assistance in enforcing the regulatory law of the profession
including the rules and regulations promulgated thereunder by prosecuting the
violators thereof in accordance with law and the rules of court.
Section
13
Appropriations
The amount necessary to
carry out the initial implementation of this Act shall be charged against the
current year’s appropriations of the Professional Regulation Commission.
Thereafter, such sums as may be necessary for the continued implementation of
this Act shall be included in the succeeding General Appropriations Act.
Section
14
Authority
to Use Income
In addition to the annual
appropriations of the Commission provided under the Annual General
Appropriations Act, the Commission is hereby authorized to use its income not
exceeding the amount of Forty–five million pesos (P45,000,000.00) a year for a
period of five (5) years after the effectivity of this Act to implement the
program for full computerization of the operations of the Commission, subject
to the usual accounting and auditing requirements.
Section
15
Penalties
for Manipulation and Other Corrupt Practices in the Conduct of Professional
Examinations
(a)
Any person who
manipulates or rigs licensure examination results, secretly informs or makes
known licensure examination questions prior to the conduct of the examination
or tampers with the grades in professional licensure examinations shall, upon
conviction, be punished by imprisonment of not less than six (6) years and one
(1) day to not more than twelve (12) years or a fine of not less than Fifty
thousand pesos (P50,000.00) to not more than One hundred thousand pesos
(P100,000.00) or both such imprisonment and fine at the discretion of the
court.
(b)
In case the
offender is an officer or employee of the Commission or a member of the
regulatory board, he/she shall be removed from office and shall suffer the
penalty of perpetual absolute disqualification from public office to addition
to the penalties prescribed in the preceding section of this Act;
(c)
The penalty of
imprisonment ranging from four (4) years and one (1) day to six (6) years or a
fine ranging from Twenty thousand pesos (P20,000.00) to not more than
Forty-nine thousand pesos (P49,000.00), or both imprisonment and fine at the
discretion of the court, shall be imposed upon the accomplices. The penalty of
imprisonment ranging from two (2) years and one (1) day to four (4) years or a
fine ranging from Five thousand pesos (P5,000.00) to not more than Nineteen
thousand pesos (P19,000.00), or both imprisonment and fine at the discretion of
the court, shall be imposed upon the accessories.
Section
16
Penalties
for Violation of Section 7 – Subparagraph (1) 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 (1) 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.
Section
17
Implementing
Rules and Regulations
Within ninety (90) days
after the approval of this Act, the Professional Regulation Commission,
together with representatives of the various Professional Regulatory Boards and
accredited professional organizations, the DBM, and the CHED shall prepare and
promulgate the necessary rules and regulations needed to implement the
provisions of this Act.
Section
18
Transitory
Provisions
The incumbent Commissioner
and two (2) incumbent Associate Commissioners shall serve as Chairperson and
Commissioners respectively under the terms for which they have been appointed
without need of new appointments. The incumbent Executive Director shall
likewise serve as Assistant Commissioner without need of new appointment.
Section
19
Separability
Clause
If any provision of this
Act or the application of such provision to any person or circumstances is
declared invalid or unconstitutional, the remainder of this Act or application
of such provisions to other persons or circumstance shall not be affected by
such declaration.
Section
20
Repealing
Clause
Republic Act No.
546, Presidential Decree No. 223, as amended by Presidential Decree No. 657,
Republic Act No. 5181, and Executive Order No. 266, Series of 1995 are hereby
repealed.
Section 23 (h) of Republic
Act No. 7836; Section 4 (m & s) & Section 23 of Republic Act No. 7920;
and Section 29 of Republic Act No. 8050, insofar as it requires completion of
the requirements of the Continuing Professional Education (CPE) as a condition
for the renewal of the license are hereby repealed. All other laws, orders,
rules and regulations or resolutions and all part/s thereof inconsistent with
the provisions of this Act are hereby repealed or amended accordingly.
Section
21
Effectivity
This Act shall take effect
after fifteen (15) days following its publication in the Official Gazette or in
two (2) newspapers of general circulation, whichever is earlier.
Approved: December 05,
2000
JOSEPH EJERCITO ESTRADA
President of the
Philippines
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