QuestionsQuestions (Republic Act No. 8981)
RA 8981 is titled the “PRC Modernization Act of 2000.” It aims to modernize the Professional Regulation Commission (PRC), repeal PD No. 223 for that purpose, and provide related reforms.
The PRC is attached to the Office of the President for general direction and coordination.
The PRC is a three-man commission: one (1) full-time Chairperson and two (2) full-time Commissioners. All are appointed by the President for a seven (7) year term without reappointment. If a vacancy occurs before the term ends, the appointment covers only the unexpired portion.
At least forty (40) years old; holds a valid certificate of registration/professional license and valid professional identification card or certificate of competency issued by the PRC, or a valid professional license issued by any government agency; familiar with principles/methods of professional regulation and/or licensing; and has at least five (5) years of executive or management experience. Additionally, one Commissioner must be a past Chairperson/member of a Professional Regulatory Board.
The most senior of the Commissioners temporarily assumes and performs the duties and functions of the Chairperson until a permanent Chairperson is appointed.
He/she presides over PRC collegial body meetings and acts as the chief executive officer responsible for implementing PRC policies and programs adopted by the Commission, plus other necessary activities for effective exercise of PRC powers.
PRC administers licensure examinations with standards ensuring integrity; determines places/dates; conducts more than one exam per year with weekday requirements; may require a refresher course if an examinee fails three times (unless otherwise provided by law); approves examination results and releases them; preserves the integrity of exams; appoints supervisors/room watchers; publishes lists of successful examinees; provides sample questions/syllabi to schools; and may impose penalties (suspension/prohibition) for violations of exam rules.
RA 8981 directs PRC to adopt measures to preserve integrity and inviolability of licensure examinations, and it imposes criminal penalties for manipulation/rigging/tampering and for unauthorized disclosure of exam questions prior to exams.
Once issued, the certificate of registration/professional license (or certificate of competency for marine deck/engine officers) cannot be withdrawn, cancelled, revoked, or suspended except for just cause as provided by law after due notice and hearing.
Marine deck and marine engineer officers shall be issued endorsement certificates exclusively by PRC pursuant to the 1978 and 1995 STCW Convention, to the exclusion of any other government agency and notwithstanding contrary provisions of EO 149 (s. 1999) and other laws/issuances.
Upon recommendation of the concerned Professional Regulatory Board, PRC can approve registration and authorize issuance of certificate of registration/license and professional identification card with or without examination to a foreigner registered in his/her state/country whose certificate has not been suspended/revoked, if requirements are substantially the same and the foreign state allows reciprocity for Filipinos. PRC can also authorize special temporary permits under reciprocity/international agreements or for limited purposes (e.g., consultants in foreign projects, certain employees, humanitarian missions), with PRC and DOLE permits where required.
PRC can supervise foreign nationals authorized to practice, require the employing government agency/private entity to secure temporary special permits, and file criminal complaints against liable heads/officers who allow practice without permits. It may also request deportation through the proper agency (BID) upon due process request.
PRC can investigate and decide administrative matters involving officers/employees under its jurisdiction. It can also investigate motu proprio or upon verified complaint any Board member for neglect of duty, incompetence, unethical/immoral/dishonorable conduct, or irregularities in licensure examinations that taint integrity/authenticity; if guilty, PRC can revoke/suspend their licenses and recommend suspension/removal of office to the President.
Boards retain authority to regulate practice under their laws; monitor practice conditions and adopt measures (including ocular inspections where authorized); hear/investigate cases for violations and issue subpoenas; their decisions become final/executory unless appealed to PRC within 15 days; delegate hearings in administrative cases except when strictly concerned with practice; conduct summary proceedings for minor violations with decisions final after 15 days if not appealed; recommend registration without examination; suspend/revoke/reissue/instate licenses after due process; prepare syllabi, tables of specifications, questions, and determine passing general average if not in the law (subject to PRC approval); and submit annual reports to PRC.
A person who manipulates/rigs results, discloses questions prior to the exam, or tampers grades may be punished by imprisonment of not less than 6 years 1 day to not more than 12 years, or a fine of P50,000 to P100,000, or both. If the offender is an officer/employee of PRC or a Board member, they are removed from office and permanently disqualified from public office in addition to penalties. Accomplices and accessories face lesser penalty ranges.