Creating The Professional Regulation Commission And Prescribing Its Powers And Functions
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Creating The Professional Regulation Commission And Prescribing Its Powers And Functions
Presidential Decree No. 223
June 22, 1973
Case Overview and Summary
Summary of Presidential Decree No. 223Creation of the Professional Regulation Commission
- A three-man Commission called the Professional Regulation Commission is created, attached to the Office of the President for general direction and coordination. (Section 1)
Composition and Appointment
- The Commission shall be headed by one full-time Commissioner and two full-time Associate Commissioners, all appointed by the President for a term of 9 years without reappointment. (Section 2)
- The first two Associate Commissioners shall be appointed for 6 years and 3 years, respectively. (Section 2)
- Vacancies shall be filled for the unexpired term only, with the most senior Associate Commissioner succeeding the Commissioner at the end of their term. (Section 2)
- Qualifications: At least 40 years old, familiar with professional regulation principles, and at least 5 years of executive or managerial experience. (Section 2)
Powers and Functions of the Commission
- Exercise general administrative, executive, and policy-making functions for the whole agency. (Section 3)
- Administer, implement, and enforce regulatory policies for professions under its jurisdiction, including maintaining standards and ethics. (Section 5a)
- Perform necessary acts, enter into contracts, make rules and regulations, and issue orders for executing its functions. (Section 5b)
- Review, coordinate, integrate, and approve policies, resolutions, rules, regulations, orders, or decisions promulgated by the various Boards, including examination results. (Section 5c)
- Administer and conduct licensure examinations, determine places and dates, appoint supervisors and room examiners (daily allowance of not less than ₱10 per examination day), use public and private school facilities, and approve the release of examination results. (Section 5d)
- Keep and maintain a register of authorized practitioners, issue certificates of registration or licenses signed by all Board members and the Commissioner. (Section 5e)
- Have custody of all records of the various Boards, including examination papers, minutes, records of administrative cases, and examination results. (Section 5f)
- Determine, fix, and collect fees for examinations, registration, licenses, annual fees, certifications, surcharges, and other fees, subject to approval by the Office of the President. (Section 5g)
- Appoint officials and employees necessary for effective performance, prescribe their duties, and fix their compensation. (Section 5h)
- Organize or reorganize the structure of the Commission, create or abolish positions, change designations of existing positions, without affecting employment status, ranks, salaries, or separating incumbents. (Section 5h)
- Submit and recommend to the President nominees for appointment as members of the various Boards from among those nominated by accredited professional organizations. (Section 5i)
- Approve the registration and issuance of certificates to foreigners who are registered under the laws of their country, subject to certain conditions. (Section 5j)
- Exercise general supervision over foreign nationals authorized to practice their profession temporarily in the Philippines. (Section 5k)
- Prescribe or revise, in conjunction with the Board and the Secretary of Education and Culture, collegiate courses as prerequisites for admission into the practice of the profession. (Section 5l)
- Exercise general supervision over the members of the various Boards. (Section 5m)
- Promulgate rules and regulations necessary to effectively implement policies with respect to the regulation and practice of the professions. (Section 5n)
- Perform other functions and duties necessary to carry out effectively the various provisions of professional regulatory laws, decrees, or orders. (Section 5o)
Powers, Functions, and Responsibilities of the Various Boards
- Look into conditions affecting the practice of the profession and adopt measures for enhancement and maintenance of high professional, ethical, and technical standards. (Section 6a)
- Investigate violations of their respective laws and rules, issue summons, subpoenas, and compel attendance to investigations or hearings. (Section 6b)
- Delegate the hearing of investigations of administrative cases, except in cases strictly concerning the practice of the profession. (Section 6c)
- Promulgate decisions on administrative cases, subject to review by the Commission, and if no appeal is taken within 30 days, the decision becomes final and immediately enforceable. (Section 6d)
- Subject to review by the Commission, approve registration without examination and issuance of corresponding certificates of registration. (Section 6e)
- After due process, suspend, revoke, or reissue certificates of registration for causes provided by law or rules and regulations. (Section 6f)
- Determine and prepare the contents of licensure examinations, score and rate the examination papers, and submit the results to the Commission within 120 days after the last examination day, unless extended by the Commission. (Section 6g)
Other Provisions
- The names of the various Boards shall be changed by the Commission by deleting the word "Examiners." (Section 7)
- The present office of the Boards of Examiners, its personnel, funds, records, supplies, equipment, materials, furniture, and fixtures are transferred to the Commission. (Section 8)
- The provisions of Republic Act No. 546 and other pertinent laws inconsistent with this Decree are repealed. (Section 9)
- This Decree shall take effect immediately. (Section 10)
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Creating The Professional Regulation Commission And Prescribing Its Powers And Functions
Presidential Decree No. 223
•June 22, 1973
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 223 June 22, 1973
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...
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