REPUBLIC ACT NO. 8981

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

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REPUBLIC ACT NO. 8981 REPEAL FOR THE PURPOSE PRESIDENTIAL DECREE NUMBERED ________

Professional Regulation Commission

is a government body focusing on the regulation and supervision of the practice of all professionals with the exception of lawyers who constitutes the manpower of the country.

Senate and House of Representatives

Be it enacted by the ________ and _________ of the Philippines in Congress

December 05, 2000

REPUBLIC ACT NO. 8981 was established/approved

"PRC Modernization Act of 2000."

REPUBLIC ACT NO. 8981 shall be called

REPUBLIC ACT NO. 8981

This Act shall be called the "PRC Modernization Act of 2000."

Title: "PRC Modernization Act of 2000."

Section 1

Teofilo S. Pilando Jr.

Chairman of PRC

Teofilo S. Pilando Jr.

served as National President of the Integrated Bar of the Philippines, arbitrator for the International Court of Arbitration, and consultant for World Bank and Asian Development Bank projects

-Angeline T. Chua Chiaco

-Yolanda David Reyes

Commisioners of PRC

SECTION 1. Title.

Section wherein This Act shall be called the "PRC Modernization Act of 2000."

SEC. 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 by regulatory measures, programs and activities that foster

professional growth and advancement.

SEC. 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.

SEC. 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 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.

SEC. 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.

commission

There is hereby created a three-man

commission to be known as the Professional Regulation Commission, hereinafter referred to as the ______ which shall be attached to the Office of the President

for general direction and coordination.

-one (1) full-time Chairperson and

- two (2) full-time Commissioners

The Commission shall be composed of:

7 years

terms of the commission of PRC

President

appoints the chairperson and commissioners of PRC

40

The Chairperson or Commissioner shall be at least _____ years of age

5 years

the chairperson has had at least ______ years of executive or management experience

-chairperson

-commissioner

shall sit and act as a body to exercise general administrative, executive and policy-making functions of

the Commission

Chairperson

shall act as the presiding and chief executive officer of the

Commission

SEC. 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.

Department Secretary

Chairperson shall receive compensation and allowances equivalent to that of a __________

Undersecretary

Commissioners shall receive compensation and allowances equivalent to that of an ________

REPUBLIC ACT NO. 1568

REPUBLIC ACT NO. 3595

Chairperson and the members of the Commission shall be

entitled to retirement benefits provided under ________ as amended by ________

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.

Professional Regulatory Boards

embodying policies promulgated by the _______

weekdays (Monday to Friday):

when there are two (2) or more examinations given in a year, at least one (1) examination shall be held on _______

weekdays

if only one (1) examination is given in a year, this shall be held only on ________

refresher course

Commission is also authorized to require the completion of a __________ where the examinee has failed to

pass three (3) times

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 Watchkeeping (STCW)

REPUBLIC ACT NO. 465

REPUBLIC ACT NO. 6511

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________ as amended by Republic Act Numbered ______

REPUBLIC ACT NO. 6758

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 ________

Department of Budget and Management (DBM)

to 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 _______ to meet the changing conditions or as the need arises

Executive Order No. 496, Series of

1991;

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 ________

Bureau of Immigration and Deportation (BID);

commission has the power to file upon due process request for deportation with the _________

2003

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 _____ and other operations of the Commission;

motu proprio

To investigate _______ 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,

Secretary of Justice

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 _________

SEC. 7. Powers, Functions and Responsibilities of the Commission.

The powers, functions and responsibilities of the Commission

SEC. 9. Powers, Functions and Responsibilities of the Various Professional Regulatory

Boards

The various professional regulatory boards shall retain the following

powers, functions and responsibilities

ocular inspections

Commission on Higher Education (CHED)

members of the Board duly authorized by the Commission with deputized employees of the Commission,

may conduct__________ 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 ________

fifteen (15) days

Professional Regulatory Board shall, unless appealed to the Commission,become final and executory after ________ from receipt of notice of judgment or decision

Legal or Hearing Officer of the Commission

the hearing shall be presided over by at least one (1) member of the Board concerned assisted by a ______

issue the syllabi or tables of specifications

To prepare, adopt and ___________ of the subjects for examinations in consultation with the academe

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.

two

The members of the Professional Regulatory Boards shall receive compensation equivalent to, at least,______ salary grades lower than the salary grade of the

Commissioners

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.

law enforcement agency

It 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.

General Appropriations Act.

sums as may be necessary for the continued implementation of this Act shall be included in the

succeeding _______

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.

General Appropriations Act

under the annual ______, 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;

(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

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) to not more than

Forty-nine thousand pesos (P49,000), 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) to not more than Nineteen thousand pesos (P19,000), or both imprisonment and fine at the discretion of the court, shall be imposed upon the accessories.

perpetual absolute disqualification

In case the offender is an officer or employee of the Commission or a member of the regulatory board, he/she shall suffer the penalty of ______ from public office

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.

90 days

Within ________ 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.

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.

15 days

Republic Act No. 8981 shall take effect after ______ days

2

Republic Act No. 8981 shall take effect after fifteen (15) days following its publication in the Official Gazette or in _____ newspapers of general circulation, whichever is earlier.