Case Summary (G.R. No. 251816)
IRR Details: Additional Training Requirement
The IRR (Nov 28, 2012) clarified that “updated professional education” means completion of at least 100 hours of workshops and training across psychology specialties, conducted by recognized organizations, within the five years preceding RA 10029’s effectivity.
Administrative Proceedings and Denial of Exemption
Petitioner applied May 7, 2015. PRC/BOP found only six years’ service as titled psychologist (2004–2010) and no evidence of 100 hours of qualifying training. Her appeals were denied for failure to substantiate work experience and training.
Court of Appeals Ruling
CA dismissed petitioner’s challenge to IRR Sec 16(c) on equal protection grounds and affirmed the factual findings that she lacked the requisite ten years’ practice and 100 hours of training. It held administrative regulations bear the force of law, enjoy presumption of constitutionality, and must be strictly construed against applicants for exemption.
Issue Before the Supreme Court
Validity of IRR Section 16(c) under due process and equal protection; petitioner does not contest RA 10029 itself but the IRR’s additional training condition.
Subordinate Legislation and Delegation Tests
SC reviewed doctrine on delegated rulemaking:
- Completeness test: statute must set fundamental policy, leaving only implementation details to agencies.
- Sufficient standard test: statute must provide guidelines constraining agency discretion.
RA 10029 contains a clear policy to protect public welfare by regulating psychology practice and expressly authorizes BOP to draft IRR. Both delegation tests are satisfied.
Reasonableness of the 100-Hour Requirement
Parallel “grandfather” provisions in other professional laws impose comparable training, publications, or organizational membership conditions. The 100-hour requirement ensures practitioners update skills, reflecting the evolving nature of psychological science and safeguarding client welfare.
Equal Protection Analysis
Under the rational-basis standard (no suspect class or fundamental right at stake):
- Classification based on degree level rests on substantial distinctions in curriculum, depth of research, and practicum requirements between bachelor’s, master’s, and doctoral programs.
- It is germane to RA 10029’s purpose of preventing untrained individuals from offering psychological services.
- It applies prospectively and equally to all bachelor’s holders seeking exemption.
- No further arbitrary subclasses exist.
Police Power and Public Welfare
Regulation of professions under police power may impose reasonable admission requirements. The IRR’s training c
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Antecedents
- Republic Act No. 10029 (Philippine Psychology Act of 2009) mandates licensure examination for psychologists but allows registration without examination under certain conditions (Section 16).
- The Professional Regulatory Board of Psychology (BOP) and the Professional Regulation Commission (PRC) adopted Implementing Rules and Regulations (IRR) on November 28, 2012, detailing the qualification requirements for registration without examination.
- Under the IRR’s Section 16(c), applicants with a bachelor’s degree in psychology must have ten (10) years of work experience and at least 100 hours of updating workshops and training in the five (5) years preceding June 2, 2010.
- Florentina Sobrejuanite-Flores applied on May 7, 2015, for registration without examination but was denied by the BOP and PRC for insufficient documented work experience and lack of proof of the required professional‐education hours.
Facts
- Florentina claimed employment as a psychologist since 1980 in various government and private agencies and asserted compliance with the work‐experience requirement.
- Documentary records submitted to the PRC indicated she held the title “Psychologist [cum Psychometrician]” only from March 2004 to June 1, 2010—approximately six (6) years, not the ten (10) years required.
- Florentina did not present evidence of completing the minimum 100 hours of updating workshops and training programs from 2005 to 2010.
- Her appeals for reconsideration before the BOP, the PRC, and ultimately the Court of Appeals (CA) were unsuccessful.
Legal Framework
- Republic Act No. 10029, Section 2: Declaration of State policy to protect the public from untrained or inexperienced psychological practitioners through licensure and regulatory measures.
- Section 16 of RA 10029: Exemption from examination for applicants who satisfy one of three educational and work‐experience categories (doctoral, master’s, or bachelor’s degree with ten years’ experience plus professional‐education updates).
- IRR Rule V, Section 16(c): Defines “professional education in various psychology‐related functions” as completion of at least 100 hours of updating workshops and training programs conducted by recognized mental‐health organizations within the five (5) years before