QuestionsQuestions (Republic Act No. 8981)
RA 8981 is the “PRC Modernization Act of 2000.” Its policy is to recognize the important role of professionals in nation-building by promoting the sustained development of a world-class reservoir of professionals whose competence is determined by honest and credible licensure examinations and whose standards of professional service are internationally recognized.
PRC is attached to the Office of the President for general direction and coordination.
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 term of seven (7) years without reappointment.
They must be at least forty (40) years old; hold a valid certificate of registration/professional license and a valid professional identification card or certificate of competency issued by the PRC (or a valid professional license issued by any government agency); be familiar with principles and methods of professional regulation/licensing; and have at least five (5) years of executive or management experience. One Commissioner must be a past Chairperson/member of a Professional Regulatory Board.
The Chairperson presides over meetings of PRC as a collegial body and acts as the chief executive officer responsible for implementing the PRC policies and programs for general administration.
PRC administers and conducts licensure examinations through regulatory boards; sets places and dates; preserves exam integrity; can conduct more than one exam in a year (with weekday requirements); may require a refresher course after three (3) failures (except as otherwise provided by law); approves and releases examination results; publishes successful examinees; can impose penalties (suspension/prohibition from taking exams) for violations of exam conduct rules; and appoints supervisors/room watchers trained by PRC.
When two (2) or more examinations are given in a year, at least one (1) must be held on weekdays (Monday to Friday). If only one (1) exam is given in a year, it must be held only on weekdays.
PRC is authorized to require completion of a refresher course where the examinee has failed to pass three (3) times, unless otherwise provided by law.
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of registration/professional license (or certificate of competency for marine deck/engine officers) cannot be withdrawn, cancelled, revoked, or suspended except for just cause as may be provided by law after due notice and hearing.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 other inconsistent laws/executive issuances.
PRC has administrative supervision over the Professional Regulatory Boards and their members. Meanwhile, Professional Regulatory Boards retain powers to regulate practice, monitor conditions, hear and investigate cases for violations, conduct hearings/summary proceedings, recommend registration without examination subject to PRC approval, and perform other board functions.
Unless appealed to PRC, the decision becomes final and executory after fifteen (15) days from receipt of notice of the judgment or decision.
They may conduct summary proceedings on minor violations (including violations of general instructions to examinees), and render summary judgment which becomes final and executory after fifteen (15) days from receipt of notice of judgment or decision, unless appealed to PRC.
PRC must implement a program for full computerization of licensure examinations and related operations, including registration of professionals not later than the year 2003.
Manipulating or rigging examination results, secretly informing/making known examination questions prior to the exam, or tampering with grades are punished upon conviction with imprisonment of not less than six (6) years and one (1) day to not more than twelve (12) years, and/or a fine of ₱50,000 to ₱100,000 (discretion of the court). If the offender is a PRC/board officer or employee, removal from office and perpetual absolute disqualification from public office is added.
If such persons violate Section 7(l) (the rule involving heads of government agencies/officers of private firms allowing practice without the required temporary special permit), they are punished by imprisonment of not less than six (6) months and one (1) day to not more than six (6) years, and/or a fine of ₱50,000 to ₱500,000.
PRC may initiate investigation upon a complaint under oath of any person practicing without authorization/registration/license/permit or committing prohibited criminal acts under regulatory laws; if evidence warrants, it forwards records to the city/provincial prosecutor for filing of the corresponding information in court by the Commission’s legal services lawyers upon deputization by the Secretary of Justice.
RA 8981 repeals RA 546, PD 223, as amended by PD 657, RA 5181, and EO 266 (s. 1995). It also repeals specific provisions requiring completion of Continuing Professional Education (CPE) as a condition for renewal of license: Section 23(h) of RA 7836; Section 4(m & s) and Section 23 of RA 7920; and Section 29 of RA 8050.