QuestionsQuestions (PRC Resolution NO. 174, S. 1990)
Article IV applies to administrative investigations regarding holders of certificates of registration or professionals registered with regulatory Boards, holders of special or temporary permits, or examinees in licensure examinations for causes enumerated in professional laws, rules, or codes of ethics.
The rules shall be liberally construed to safeguard public interest and promote professional standards through impartial, expeditious, inexpensive, and convenient adjudication without strict adherence to formalities and technicalities.
A complaint must be in writing under oath or affidavit and include the names and addresses of complainant and respondent, respondent's profession and registration details, the violated provision, ultimate facts constituting the charge, and the disciplinary action prayed for, with supporting affidavits and documentary evidence.
The Board shall order the dismissal of the complaint.
The complainant must pay One Hundred Pesos (P100.00) as docket and legal research fees within ten (10) days from the Board's directive, except indigents or complaints endorsed by government agencies.
Hearings may be presided by at least one Board Member with assistance from one PRC Attorney if the charge involves professional practice; if not related, only a PRC Attorney shall preside.
1) Initial hearing/preliminary conference with submission of position papers; 2) Complainant presents evidence; 3) Respondent presents evidence; 4) Rebuttal and surrebuttal evidence; 5) Submission of written memoranda before decision.
Motions for continuance must be served at least three (3) days before the hearing. No postponement lasts more than ten (10) days. Each party is entitled to two (2) postponements without a fine; subsequent meritorious postponements incur a P50 fine and unmeritorious ones a P100 fine.
If the respondent does not appear as summoned, they may be declared in default, allowing the complainant to present evidence ex-parte and the Board to render a decision accordingly.
No, administrative proceedings shall continue independently and the Board will render its decision without waiting for related court or quasi-judicial decisions.
A motion for reconsideration or rehearing must be filed within thirty (30) days after receipt of the decision, and only one such motion is entertained.
(a) Fraud, accident, mistake, or excusable negligence; (b) Newly discovered evidence that could alter the result; (c) Excessive penalty or insufficiency of evidence; or decision being against law or facts.
An appeal must be filed within thirty (30) days from receipt of the order or decision, by serving notice to the adverse party, filing with the Board, submitting supporting arguments, and paying an appeal fee of One Hundred Fifty Pesos (P150.00).
Contempt punishable under the Rules of Court committed against the PRC or its officials shall be filed in the Regional Trial Court and prosecuted under Rule 71 of the Rules of Court. Failure to appear or refusal to testify without lawful cause can result in disciplinary action as contempt of court.
Depositions may be taken upon Board permission within thirty (30) days from notice, especially considering the residence of parties/witnesses and the nature of the charge. These depositions are submitted during hearings as evidence.