QuestionsQuestions (EXECUTIVE ORDER NO. 496)
The basis is Section 5(i) of Presidential Decree No. 223, which provides that the Professional Regulation Commission shall submit and recommend nominees for appointment as members of the various boards from among those nominated by bona fide accredited professional organizations.
It is a permanent standing committee composed of the five (5) immediate past national presidents of the organization; if any are unavailable, the past president immediately following the last five shall serve. The most recent past president serves as Chairman.
Incumbent members of the Board of Directors selected by the Board members themselves shall serve in the Committee.
The Chairman serves until replaced by the next incoming past president; members serve on a first-in, first-out basis until replaced through the assumption of the most recent past president.
It must actively search, screen, and select qualified nominees; submit to the National Board of Directors the names of five (5) qualified nominees ranked in order of preference; and comply with PRC requirements regarding selection and nomination.
EO 496 states that appointment to board membership is a privilege and not a right; hence nomination must be based on merit, integrity, and fitness.
Criteria include: (A) proven leadership qualities; (B) professional competence and experience; (C) impeccable integrity and commitment to maintain professional standards; (D) up-to-date knowledge in the profession; and (E) ability and capacity to perform board duties and obligations.
Disqualifications include: (A) those who already completed at least two (2) terms in the professional regulatory board; (B) incumbent national officers of the organization; and (C) those who solicit and use influence in seeking nominations (prima facie evidence of lacking necessary qualifications).
Each nominee must accomplish the PRC-prescribed Personal Data Sheet/Nomination Form, subscribed under oath, and must be accompanied by current clearances from the National Bureau of Investigation (NBI) and the Office of the Ombudsman.
The organization’s National Board of Directors must recommend not more than five (5) nominees ranked in order of preference for each vacancy. If there are multiple vacancies, it submits a single list with appropriate rankings.
The list must be submitted not later than three (3) months before the vacancy occurs.
Nominations submitted to the PRC are valid for the present vacancy to be filled. Subsequent vacancies require another list, which may or may not include persons not previously considered.
The PRC may either recommend (a) reappointment of the incumbent or permit hold-over if authorized by the law creating the board, or (b) appointment of another qualified person based on the EO 496 criteria. The PRC may also exercise this prerogative if there is a clear showing the organization disregarded the criteria.
Upon receipt of the resolution, the PRC immediately publishes the nominees in a newspaper of general circulation and posts the list on its bulletin board, inviting derogatory information within ten (10) days from publication.
The PRC recommends three (3) nominees per vacancy, ranked in order of preference, selected from the five (5) names recommended by the accredited professional organization.
If the person served less than half of the full term and has shown an exemplary record/performance, and if reappointment is authorized by the law creating the professional regulatory board.
The PRC, after consultations with the outgoing Chairman, the other members, and the concerned professional organization, selects a nominee from among incumbent board members for recommendation as Chairman if allowed by the board’s enabling law; it may also nominate non-incumbents with outstanding qualities. A separate resolution is adopted for submission to the President.