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REPUBLIC ACT NO.

8981 Chairperson until a permanent Chairperson is


appointed by the President.
AN ACT MODERNIZING THE PROFESSIONAL
REGULATION COMMISSION, REPEALING FOR The Chairperson or Commissioner shall be at least
THE PURPOSE PRESIDENTIAL DECREE forty (40) years of age, holding a valid certificate
NUMBERED TWO HUNDRED AND TWENTY- of registration/professional license and a valid
THREE, ENTITLED "CREATING THE professional identification card or a valid
PROFESSIONAL REGULATION COMMISSION
certificate of competency issued by the
AND PRESCRIBING ITS POWERS AND
Commission or a valid professional license issued
FUNCTIONS," AND FOR OTHER PURPOSES
by any government agency, familiar with the
principles and methods of professional regulation
Be it enacted by the Senate and House of
and/or licensing and has had at least five (5) years
Representatives of the Philippines Congress
of executive or management
assembled:
experience: Provided, That, one (1) of the
Commissioners must be a past
Section 1. Title This Act shall be called the "PRC
Chairperson/member of a Professional
Modernization Act of 2000."
Regulatory Board.

Section 2. Statement of Policy The State


Section 5. Exercise of Powers and Functions of
recognizes the important role of professionals in
the Commission The Chairperson of the
nation-building and, towards this end, promotes
Commission, and the Commissioners as members
the sustained development of a reservoir of
thereof shall sit and act as a body to exercise
professionals whose competence has been
general administrative, executive and policy-
determined by honest and credible licensure
making functions of the Commission. The
examinations and whose standards of
Commission shall establish and maintain a high
professional service and practice are
standard of admission to the practice of all
internationally recognized and considered world-
professions and at all times ensure and safeguard
class brought about the regulatory measures,
the integrity of all licensure examinations.
programs and activities that foster professional
growth and advancement.
The Chairperson shall act as the presiding and
chief executive officer of the Commission. As
Section 3. Professional Regulation Commission
presiding officer, he/she shall preside over the
There is hereby created a three-man commission
meetings of the Commission sitting as a collegial
to be known as the Professional Regulation
body. As chief executive officer of the
Commission, hereinafter referred to as the
Commission, he/she shall be responsible for the
Commission, which shall be attached to the office
implementation of the policies and the programs
of the President for general direction and
adopted by the Commission for the general
coordination.
administration of the Commission. He/she shall
perform such other activities which are necessary
Section 4. Composition The Commission shall
for the effective exercise of the powers, functions
be headed by one (1) full-time Chairperson and
and responsibilities of the Commission.
two (2) full-time Commissioners, all to be
appointed by the President for a term of seven (7)
Section 6. Compensation and Other Benefits
years without reappointment to start from the
The Chairperson shall receive compensation and
time they assume office. Appointments to a
allowances equivalent to that of a Department
vacancy that occurs before the expiration of the
Secretary while the Commissioners shall receive
term of a Commissioner shall cover only the
compensation and allowances equivalent to that
unexpired term of the immediate predecessor. At
of an Undersecretary. The Chairperson and the
the expiration of the Chairperson, the most senior
members of the Commission shall be entitled to
of the Commissioners shall temporarily assume
retirement benefits provided under Republic Act
and perform the duties and functions of the
Numbered Fifteen Hundred and Sixty Eight, as
amended by Republic Act Numbered Three shall be held only on weekdays: Provided,
Thousand Five Hundred and Ninety Five. finally, That, the Commission is also
authorized to require the completion of a
Section 7. Powers, Functions and Responsibilities refresher course where the examinee has
of the Commission The powers, functions, and failed to pass three (3) times, except as
responsibilities of the Commission are as follows: otherwise provided by law; approve the
results of examinations and the release of
(a) To administer, implement and enforce the same; adopt measures to preserve
the regulatory policies of the national the integrity and inviolability of licensure
government with respect to the examinations; appoint supervisors and
regulation and licensing of the various room watchers from among the
professions and occupations under its employees of the government and/or
jurisdiction including the enhancement private individuals with baccalaureate
and maintenance of professional and degrees, who have been trained by the
occupational standards and ethics and Commission for the purpose and who
the enforcement of the rules and shall be entitled to a reasonable daily
regulations relative thereto: allowance for every examination day
actually attended, to be determined and
(b) To perform any and all acts, enter into fixed by the Commission; publish the list
contracts, make such rules and of successful examinees; provide schools,
regulations and issue such orders and colleges and universities, public and
other administrative issuance as may be private, offering courses for licensure
necessary in the execution and examinations, with copies of sample test
implementation of its functions and the questions on examinations recently
improvement of its services; conducted by the Commission and
copies of the syllabi or terms of
(c) To review, revise, and approve specifications of subjects for licensure
resolutions, embodying policies examinations; and impose the penalty of
promulgated by the Professional suspension or prohibition from taking
Regulatory Boards in the exercise of their licensure examinations to any examinee
powers and functions or in implementing charged and found guilty of violating the
the laws regulating their respective rules and regulations governing the
professions and other official actions on conduct of licensure examinations
non-ministerial matters within their promulgated by the Commission;
respective jurisdictions;
(e) To admit the successful examinees to
(d) To administer and conduct the the practice of the profession or
licensure examinations of the various occupation; cause the entry of their
regulatory boards in accordance with the names on its registry book and
rules and regulations promulgated by the computerized database; issue certificates
Commission; determine and fix the places of registration/professional license,
and dates of examinations; use publicly bearing the registrants name, picture,
or privately owned buildings and facilities and registration number, signed by all
for examination purposes; conduct more the members of the Board concerned and
than one (1) licensure the Chairperson, with the official seal of
examination: Provided, That, when there the Board and the Commission affixed
are two (2) or more examinations given in thereto which certificate shall be the
a year, at least one (1) examinations shall authority to practice; and at the option of
be held on weekdays (Monday to the professional concerned, ministerially
Friday): Provided, further, That, if only issue the professional identification card,
one (1) examination is given in a year, this to be used solely for the purpose of
identification, upon payment of the their duties and fix their compensation
appropriate amount: Provided, That, subject to the provisions of Republic Act
marine deck and marine engineer officers Numbered Six Thousand Seven Hundred
shall also be issued endorsement and Fifty Eight and allowances including
certificates exclusively by the other fringe benefits; and to assign
Commission pursuant to the 1978 and and/or reassign personnel as the
1995 Standards of Training, Certification exigency of the service requires subject
and Watch-keeping (STCW) Convention, to the Civil Service laws, rules and
to the exclusion of any other government regulations; and to organize or
agency, Section 1(2) of Executive Order reorganize the structure of the
No. 149, Series of 1999 and provisions of Commission; and create or abolish
other existing laws, executive orders, positions or change the designation of
administrative issuance/regulations to existing positions in accordance with a
the contrary notwithstanding: Provided, staffing pattern prepared by it and
further, That, once a certificate of approved by the Office of the President
registration/professional license, or upon the recommendation of the
certificate of competency, in the case of Department of Budget and Management
marine deck and engine officers are (DBM) to meet the changing conditions
issued, this cannot be withdrawn, or as the need arises: Provided, That, such
cancelled, revoked, or suspended except changes shall not affect the employment
for just cause as may be provided by law status of the incumbents, reduce their
after due notice and hearing; ranks and/or salaries nor shall result in
their separation from the service;
(f) To have custody of all the records of
the various Boards, including (i) To submit and recommend to the
examination papers, minutes of President of the Philippines the names of
deliberation, records of administrative licensed/registered professionals for
cases and investigations and examination appointment as members of the various
results for control and disposition; Professional Regulatory Boards from
among those nominated to fill up
(g) To determine and fix the amount of vacancies pursuant to the provisions of
fees to be charged and collected for Executive Order No. 496, Series of 1991;
examination, registration, registration
without examination, professional (j) Upon recommendation of the
identification card, certification, docket, Professional Regulatory Board
appeal, replacement, accreditation, concerned, to approve the registration of
including surcharges and other fees not and authorize the issuance of a certificate
specified under the provisions of of registration/license and professional
Republic Act Numbered Four Hundred identification card with or without
Sixty Five as amended by Republic Act examination to a foreigner who is
Numbered Sixty Five Hundred and Eleven registered under the laws of his state or
or to charge and collect reasonable fees country and whose certificate of
at the rates higher than the rates registration issued therein has not been
provided thereunder subject to the suspended or revoked: Provided, That,
approval by the Office of the President. the requirements for the registration or
licensing in said foreign state or country
(h) To appoint subject to the Civil Service are substantially the same as those
laws, rules, and regulations, officials and required and contemplated by the laws
employees of the Commission necessary of the Philippines and that the laws of
for the effective performance of its such foreign state or country allow the
functions and responsibilities; prescribe citizens of the Philippines to practice the
profession on the same basis and grant entity/institution, who shall be liable
the same privileges as those enjoyed by under the penalty provided for in the
the subjects or citizens of such foreign concerned professional regulatory law or
state or country: Provided, further, That, the penalty imposed pursuant to this Act,
the Commission may, upon when the professional was hired and
recommendation of the Board allowed to practice his/her profession
concerned, authorize the issuance of a without permit; to file upon due process
certificate of registration/license or a request for deportation with the Bureau
special temporary permit to foreign of Immigration and Deportation (BID);
professionals who desire to practice their and to supervise professionals who were
professions in the country under former citizens of the Philippines and
reciprocity and other international who had been registered and issued a
agreements; consultants in foreign- certificate of registration and a
funded, joint venture or foreign-assisted professional identification card prior to
projects of the government, employees their naturalization as foreign citizens,
of Philippine or foreign private firms or who may, while in the country on a visit,
institutions pursuant to law, or health sojourn or permanent residence, practice
professionals engaged in humanitarian their profession: Provided, That, prior to
mission for a limited period of the practice of their profession they shall
time: Provided, finally, That agencies, have first been issued a special permit
organizations or individuals whether and updated professional identification
public or private, who secure he services card by the Board concerned subject to
of a foreign professional authorized by approval by the Commission and upon
law to practice in the Philippines for payment of the permit and annual
reasons aforementioned, shall be registration fees;
responsible for securing a special permit
from the Professional Regulation (m) To monitor the performance of
Commission (PRC) and the Department schools in licensure examinations and
of Labor and Employment (DOLE), publish the results thereof in a
pursuant to PRC and DOLE rules: newspaper of national circulation;

(k) To authorize any officer of the (n) To adopt and institute a


Commission to administer oaths: comprehensive rating system for
universities, colleges, and training
(l) To supervise foreign nations who are institutes based on the passing ratio and
authorized by existing laws to practice overall performance of students in board
their professions either as holders of a examinations;
certificate of registration and a
professional identification card or a (o) To exercise administrative supervision
temporary special permit in the over the various professional regulatory
Philippines; to ensue that the terms and boards and its members;
conditions for their practice or of their
employment are strictly complied with; to (p) To adopt and promulgate such rules
require the hiring or employing and regulations as may be necessary to
government agency or private effectively implement policies with
entity/institution to secure a temporary respect to the regulation and practice of
special permit from the concerned Board the professions;
subject to approval by the Commission
and to file a criminal complaint against (q) To implement the program for the full
the head of the government agency or computerization of all licensure
officers of the said private examinations given by the various
professional regulatory boards including (w) To initiate an investigation, upon
the registration of professionals not later complaint under oath by an aggrieved
than the year 2003 and other operations party, of any person, whether a private
of the Commission; individual or professional, local or
foreign, who practices the regulated
(r) To investigate and decide profession or occupation without being
administrative matters involving officers authorized by law, or without being
and employees under the jurisdiction of registered with and licensed by the
the Commission; concerned regulatory board and issued
the corresponding license/professional
(s) To investigate motu proprio or upon identification card or temporary or
the filing of a verified complaint, any special permit, or who commits any of the
member of the Professional Regulatory prohibited acts provided in the
Boards for neglect of duty, regulatory laws of the various
incompetence, unprofessional, unethical, professions, which acts are criminal in
immoral or dishonorable conduct, nature, and if the evidence so warrants, to
commission of irregularities in the forward the records of the case to the
licensure examinations which taint or office of the city or provincial prosecutor
impugn the integrity and authenticity of for the filing of the corresponding
the results of the said examinations and, information in court by the lawyers of the
if found guilty, to revoke or suspend their legal services of the Commission who
certificates of registration and may prosecute said case/s upon being
professional licenses/identification cards deputized by the Secretary of Justice;
and to recommend to the President of
the Philippines their suspension or (x) To prepare an annual report of
removal from office as the case may be; accomplishments on the programs,
projects and activities of the Commission
(t) To issue during the year for submission to
summons, subpoena and subpoena Congress after the close of its calendar
duces tecum in connection with the year and make appropriate
investigation of cases against officials recommendations on issues and/or
and employees of the Commission and problems affecting the Commission, the
the members of the Professional Professional Regulatory Board, and the
Regulatory Boards; various professions under its jurisdiction;
and
(u) To hold in contempt in erring party or
person only upon application with a court (y) To perform such other functions and
of competent jurisdiction; duties as may be necessary to carry out
the provisions of this Act, the various
(v) To call upon or request any professional regulatory laws, decrees,
department, instrumentality, office, executive orders and other administrative
bureau, institution or agency of the issuance.
government including local government
units to render such assistance as it may Section 8. Regional Offices The Commission is
require, or to coordinate or cooperate in hereby authorized to create regional offices as
order to carry out, enforce or implement may be necessary to carry out their functions
the professional regulatory policies of the mandated under this Act.
government or any program or activity it
may undertake pursuant to the Section 9. Powers, Functions and Responsibilities
provisions of this Act; of the Various Professional Regulatory Boards
The various, professional regulatory boards shall
retain the following powers, functions and shall be presided over by at least one (1)
responsibilities: member of the Board concerned assisted
by a Legal or Hearing Officer of the
(a) To regulate the practice of the Commission;
professions in accordance with the
provisions of their respective professional (e) To conduct, through the Legal Officers
regulatory laws; of the Commission, summary
proceedings on minor violations of their
(b) To monitor the conditions affecting respective regulatory laws, violations of
the practice of the profession or the rules and regulations issued by the
occupation under their respective boards to implement their respective
jurisdictions and whenever necessary, laws, including violations of the general
adopt such measures as may be deemed instructions to examinees committed by
proper for the enhancement of the examinees, and render summary
profession or occupation and/or the judgment thereon which shall, unless
maintenance of high professional, ethical appealed to the Commission, become
and technical standards, and for this final and executory after fifteen (15) days
purpose the members of the Board duly from receipt of notice of judgment or
authorized by the Commission with decision;
deputized employees of the Commission,
may conduct ocular inspection in (f) Subject to final approval by the
industrial, mechanical, electrical or Commission, to recommend registration
chemical plants or establishments, without examination and the issuance of
hospitals, clinics, laboratories, testing corresponding certificate of registration
facilities, mines and quarries, other and professional identification card;
engineering facilities and in the case of
schools, in coordination with the (g) After due process, to suspend, revoke
Commission on Higher Education or reissue, reinstate certificate of
(CHED); registration or licenses for causes
provided by law;
(c) To hear and investigate cases arising
from violations of their respective laws, (h) To prepare, adopt and issue the syllabi
the rules and regulations promulgated or tables of specifications of the subjects
thereunder and their Codes of Ethics and, for examinations in consultation with the
for this purpose, may issue academe; determine and prepare the
summons, subpoena and subpoena questions for the licensure examinations
duces tecum to alleged violators and/or which shall strictly be within the scope of
witnesses to compel their attendance in the syllabus or table of specifications of
such investigations or hearings: Provided, the subject for examination; score and
That, the decision of the Professional rate the examination papers with the
Regulatory Board shall, unless appealed name and signature of the Board
to the Commission, become final and member concerned appearing thereon
executory after fifteen (15) days from and submit the results in all subjects duly
receipt of notice of judgment or decision; signed by the members of the Board to
the Commission within ten (10) days from
(d) To delegate the hearing or the last day of examination unless
investigation of administrative cases filed extended by the Commission for
before them except in cases where the justifiable cause/s; and subject to the
issue or question involved strictly approval by the Commission, determine
concerns the practice of the profession or the appropriate passing general average
occupation, in which case, the hearing rating in an examination if not provided
for in the law regulating the profession; Section 14. Authority to Use Income In addition
and to the annual appropriations of the Commission
provided under the Annual General
(i) To prepare an annual report of Appropriations Act, the Commission is hereby
accomplishments on programs, projects authorized to use its income not exceeding the
and activities of the Board during the year amount of Forty-five million pesos
for submission to the Commission after (P45,000,000.00) a year for a period of five (5)
the close of each calendar year and make years after the effectivity of this Act to implement
appropriate recommendations on issues the program for full computerization of the
or problems affecting the profession to operations of the Commission, subject to the
the Commission. usual accounting and auditing requirements.

Section 10. Compensation of the Members of the Section 15. Penalties for Manipulation and Other
Professional Regulatory Boards The members of Corrupt Practices in the Conduct of Professional
the Professional Regulatory Boards shall receive Examinations
compensation equivalent to, at least, two salary
grades lower than the salary grade of the (a) Any person who manipulates or rigs
Commissioners: Provided, That the Chairperson licensure examination results, secretly
of the Regulatory Board shall receive a monthly informs or makes known licensure
compensation of two steps higher than the examination questions prior to the
members of the Board, and: Provided, further, conduct of the examination or tampers
That they shall be entitled to other allowances with the grades in professional licensure
and benefits provided under existing laws. examinations shall, upon conviction, be
punished by imprisonment of not less
Section 11. Person to Teach Subjects for than six (6) years and one (1) day to not
Licensure Examination on all Professions All more than twelve (12) years or a fine of
subjects for licensure examinations shall be not less than Fifty thousand pesos
taught by persons who are holders of valid (P50,000.00) to not more than One
certificates of registration and valid professional hundred thousand pesos (P100,000.00)
licenses of the profession and who comply with or both such imprisonment and fine at
the other requirements of the CHED. the discretion of the court.

Section 12. Assistance of Law Enforcement (b) In case the offender is an officer or
Agency Any law enforcement agency shall, employee of the Commission or a
upon call or request of the Commission or of any member of the regulatory board, he/she
Professional Regulatory Board, render assistance shall be removed from office and shall
in enforcing the regulatory law of the profession suffer the penalty of perpetual absolute
including the rules and regulations promulgated disqualification from public office to
thereunder by prosecuting the violators thereof in addition to the penalties prescribed in
accordance with law and the rules of court. the preceding section of this Act;

Section 13. Appropriations The amount (c) The penalty of imprisonment ranging
necessary to carry out the initial implementation from four (4) years and one (1) day to six
of this Act shall be charged against the current (6) years or a fine ranging from Twenty
years appropriations of the Professional thousand pesos (P20,000.00) to not more
Regulation Commission. Thereafter, such sums as than Forty-nine thousand pesos
may be necessary for the continued (P49,000.00), or both imprisonment and
implementation of this Act shall be included in fine at the discretion of the court, shall be
the succeeding General Appropriations Act. 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 5181, and Executive Order No. 266, Series of 1995
thousand pesos (P5,000.00) to not more are hereby repealed. Section 23 (h) of Republic
than Nineteen thousand pesos Act No. 7836, Section 4 (m & s). Section 23 of
(P19,000.00), or both imprisonment and Republic Act No. 7920, and Section 29 of Republic
fine at the discretion of the court, shall be Act No. 8050, insofar as it requires completion of
imposed upon the accessories. the requirements of the Continuing Professional
Education (CPE) as a condition for the renewal of
Section 16. Penalties for Violation of Section 7 the license are hereby repealed. All other laws,
Subparagraph (1) by Heads of Government orders, rules and regulations or resolutions and all
Agencies or Officers of Private part/s thereof inconsistent with the provisions of
Entities/Institutions Any head of a government this Act are hereby repealed or amended
agency or officer(s) of a private firm/institution accordingly.
who violates Section 7 subpar. (1) of this Act
shall be punished by imprisonment of not less Section 21. Effectivity This Act shall take effect
than six (6) months and one (1) day to not more after fifteen (15) days following its publication in
than six (6) years, or a fine of not less than Fifty the Official Gazette or in two (2) newspapers of
thousand pesos (P50,000.00) to not more than general circulation, whichever is earlier.
Five hundred thousand pesos (P500,000.00) or
both at the discretion of the court. Approved: December 05, 2000

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 (Sgd.)JOSEPH EJERCITO ESTRADA
various Professional Regulatory Boards and President of the Philippines
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.

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