Laws of Archi - RA8981

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 by regulatory measures, programs and activities that foster professional growth and advancement.

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

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 term 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.

One, two, Seven

The Commission shall be headed by _______ full-time Chairperson and _____full-time Commissioners, all to be appointed by the President for a term of ______ 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 term 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.

40, 5, 1

The Chairperson or Commissioner shall be at least forty ______ 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 _____ years of executive or management experience: Provided, That, ______ of the Commissioners must be a past Chairperson/member of a Professional Regulatory Board.

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

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.

one, two, one, one

To administer and conduct the licensure examinations of the various regulatory boards in accordance with the rules and regulations promulgated by the Commission;

use publicly or privately owned buildings and facilities for examination purposes; conduct more than one ___ licensure examination: Provided, That, when there are ___ or more examinations given in a year, at least ____ examination shall be held on weekdays (Monday to Friday): Provided, further, That, if only _____ 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,

Department of Budget and Management

DBM

Bureau of Immigration and Deportation

BID

SEC. 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.

SEC. 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.

SEC 11 Persons 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.

SEC 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

SEC. 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

SEC. 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) 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

SEC. 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) to not more than One hundred thousand pesos (P100,000) or both such imprisonment and fine at the discretion of the court;

SEC. 16. Penalties for Violations of Section 7

Subparagraph (l) 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 - subpar. (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) to not more than Five hundred thousand pesos (P500,000) or both at the discretion of the court.

SEC. 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.

SEC. 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

SEC. 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.

SEC. 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

SEC. 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.