AN ACT MODERNIZING THE PROFESSIONAL REGULATION COMMISSION
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AN ACT MODERNIZING THE PROFESSIONAL REGULATION COMMISSION
Republic Act No. 8981
December 5, 2000
Case Overview and Summary
Summary of Republic Act No. 8981 (PRC Modernization Act of 2000)Statement of Policy (Section 2)
- The State recognizes the role of professionals in nation-building and promotes the development of competent professionals through honest licensure exams and world-class standards.
Professional Regulation Commission (Sections 3-6)
- Creates a 3-member Professional Regulation Commission (PRC) attached to the Office of the President.
- Composition: Chairperson and 2 Commissioners appointed by the President for 7-year terms without reappointment.
- Qualifications: At least 40 years old, registered professional, familiar with professional regulation, and 5 years of executive/management experience.
- Compensation: Chairperson equivalent to Department Secretary, Commissioners equivalent to Undersecretary.
Powers, Functions, and Responsibilities of the PRC (Section 7)
- Administer and enforce policies on regulation and licensing of professions.
- Perform acts, enter contracts, make rules and regulations for implementation of functions. (Section 7b)
- Review and approve policies promulgated by Professional Regulatory Boards. (Section 7c)
- Administer and conduct licensure examinations, determine exam places and dates, use public/private facilities, conduct multiple exams per year (at least one on weekdays), approve exam results, preserve exam integrity, appoint supervisors/room watchers, publish successful examinees, provide sample test questions and syllabi to schools, impose penalties for exam violations. (Section 7d)
- Admit successful examinees, issue certificates of registration/professional licenses and identification cards, issue endorsement certificates for marine officers. (Section 7e)
- Have custody of all Board records, including exam papers and results. (Section 7f)
- Determine and fix fees for exams, registration, certifications, and other services, subject to approval by the President. (Section 7g)
- Appoint officials and employees, prescribe duties, fix compensation and benefits, organize structure and create/abolish positions. (Section 7h)
- Recommend names of professionals for appointment to Professional Regulatory Boards. (Section 7i)
- Approve registration and authorize issuance of licenses to foreign professionals under reciprocity agreements or for specific purposes, subject to conditions. (Section 7j)
- Authorize officers to administer oaths. (Section 7k)
- Supervise foreign professionals practicing in the Philippines, require permits, file complaints/deportation requests for violations. (Section 7l)
- Monitor performance of schools in licensure exams and publish results. (Section 7m)
- Adopt rating system for universities/colleges based on board exam performance. (Section 7n)
- Exercise administrative supervision over Professional Regulatory Boards. (Section 7o)
- Adopt rules and regulations for regulation and practice of professions. (Section 7p)
- Implement full computerization of licensure exams and registration by 2003. (Section 7q)
- Investigate administrative matters involving officers and employees. (Section 7r)
- Investigate and discipline members of Professional Regulatory Boards for misconduct or exam irregularities. (Section 7s)
- Issue summons, subpoenas, and subpoenas duces tecum for investigations. (Section 7t)
- Hold parties in contempt upon application with a competent court. (Section 7u)
- Request assistance from government agencies for enforcement and implementation. (Section 7v)
- Investigate and forward cases of unauthorized practice to prosecutors for filing of information in court. (Section 7w)
- Prepare annual report of accomplishments and recommendations. (Section 7x)
- Perform other functions necessary to carry out the Act and professional regulatory laws. (Section 7y)
Regional Offices (Section 8)
- The PRC is authorized to create regional offices as necessary.
Powers, Functions, and Responsibilities of Professional Regulatory Boards (Section 9)
- Regulate practice of professions in accordance with respective laws.
- Monitor conditions affecting the profession and adopt measures for enhancement and maintenance of standards, including ocular inspections. (Section 9b)
- Hear and investigate cases of violations, issue summons and subpoenas, render decisions which become final after 15 days unless appealed. (Section 9c)
- Delegate hearing/investigation of administrative cases, except those strictly concerning practice of the profession. (Section 9d)
- Conduct summary proceedings on minor violations and render summary judgments which become final after 15 days unless appealed. (Section 9e)
- Recommend registration without examination and issuance of certificates/licenses, subject to PRC approval. (Section 9f)
- Suspend, revoke, or reinstate certificates/licenses after due process. (Section 9g)
- Prepare syllabi/specifications for exam subjects, determine and prepare exam questions within the syllabi, score exams, submit results to PRC within 10 days, determine passing average rating subject to PRC approval. (Section 9h)
- Prepare annual report of accomplishments and recommendations. (Section 9i)
Compensation of Professional Regulatory Board Members (Section 10)
- Members receive compensation at least 2 salary grades lower than Commissioners.
- Chairperson receives compensation 2 steps higher than members.
- Entitled to other allowances and benefits under existing laws.
Persons to Teach Subjects for Licensure Exams (Section 11)
- All subjects for licensure exams shall be taught by registered professionals of the profession who comply with CHED requirements.
Assistance of Law Enforcement Agency (Section 12)
- Law enforcement agencies shall render assistance in enforcing regulatory laws and prosecuting violators upon request of PRC or Boards.
Appropriations (Sections 13-14)
- Initial implementation charged against current PRC appropriations.
- Subsequent implementation included in General Appropriations Act.
- PRC authorized to use up to P45 million of income per year for 5 years for computerization, subject to accounting and auditing requirements.
Penalties for Exam Manipulation and Corrupt Practices (Section 15)
- Manipulating/rigging exam results, informing questions beforehand, or tampering with grades: 6 years and 1 day to 12 years imprisonment and/or P50,000 to P100,000 fine.
- If offender is PRC officer/employee or Board member: removal from office and perpetual disqualification from public office, in addition to penalties.
- Accomplices: 4 years and 1 day to 6 years imprisonment and/or P20,000 to P49,000 fine.
- Accessories: 2 years and 1 day to 4 years imprisonment and/or P5,000 to P19,000 fine.
Penalties for Hiring Unauthorized Foreign Professionals (Section 16)
- Heads of government agencies or officers of private entities who hire foreign professionals without permits: 6 months and 1 day to 6 years imprisonment and/or P50,000 to P500,000 fine.
Implementing Rules and Regulations (Section 17)
- PRC, together with Professional Regulatory Boards, professional organizations, DBM, and CHED, shall prepare and promulgate implementing rules and regulations within 90 days.
Transitory Provisions (Section 18)
- Incumbent Commissioner and Associate Commissioners shall serve as Chairperson and Commissioners, respectively.
- Incumbent Executive Director shall serve as Assistant Commissioner.
Separability Clause (Section 19)
- If any provision is declared invalid or unconstitutional, the remainder shall not be affected.
Repealing Clause (Section 20)
- Repeals Republic Act No. 546, Presidential Decree No. 223 as amended, Republic Act No. 5181, Executive Order No. 266 (1995), and provisions of other laws inconsistent with this Act.
Effectivity (Section 21)
- This Act shall take effect 15 days after publication in the Official Gazette or two newspapers of general circulation, whichever is earlier.
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AN ACT MODERNIZING THE PROFESSIONAL REGULATION COMMISSION
Republic Act No. 8981
•December 5, 2000
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...
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