Republic Act No. 8981 / PRC MODERNIZATION ACT OF 2000

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.

PRC Modernization Act of 2000.

The act no. 8981 shall be called as

Professional Regulation Commission

There is hereby created a three-man commission to be known as the _________________________, 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.

Exercise of Powers and 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.

Powers, Functions and Responsibilities of the Commission

To administer, implement and enforce the regulatory policies of the national government with respect to the regulation and licensing of the various professions and occupations under its jurisdiction including the enhancement and maintenance of professional and occupational standards and ethics and the enforcement of the rules and regulations relative there to

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

Person 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.

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.

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.

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 (P45,000,000.00) 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.

Penalties for Manipulation and Other Corrupt Practices in the Conduct of Professional Examinations

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 7 pesos (P50,000.00) to not more than One hundred thousand pesos (P100,000.00) or both such imprisonment and fine at the discretion of the court.

. Penalties for Violation of Section 7

Subparagraph (1) 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 (P50,000.00) to not more than Five hundred thousand pesos (P500,000.00) or both at the discretion of the court.

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.

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.

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.

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.

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.