QuestionsQuestions (PRC Resolution NO. 2008-462, S. OF 2008)
To prohibit unauthorized reproduction, copying, distribution, sale, and/or possession of used test booklets or test questionnaires used in PRC-administered licensure examinations, and to call for law enforcement action against violators.
It cites Section 7, particularly Paragraph (a) for administering and enforcing regulatory policies; Paragraph (d) for conducting licensure examinations in accordance with PRC rules; Paragraph (p) for adopting rules needed to implement policies; and Paragraph (v) for calling on government agencies for assistance in enforcing professional regulatory policies.
Because the Resolution states that under Paragraph (h) of Section 9 of R.A. No. 8981, the test booklets and test questionnaires used in the licensure examinations are property of the Professional Regulatory Boards.
It states that, per operating guidelines, used test booklets and test questionnaires are to be destroyed after every licensure examination.
Unauthorized persons/entities are prohibited from reproducing, copying, and/or possessing test booklets or test questionnaires used in PRC-administered licensure examinations; distribution and sale of such used materials are also prohibited.
Yes, but only if authorized by the PRC. The prohibition is limited to those not authorized by the Commission.
It argues that these used test materials are taken without consent (as a result of theft/embezzlement or similar unauthorized taking), and that reproduction/copying and even mere possession are illegal because they are derived from theft.
The NBI, Philippine National Police, all Local Government Units, and any other law enforcement agency.
It mentions the Revised Penal Code, P.D. No. 1612 (Anti-Fencing Law), and when applicable, R.A. No. 8293 (Intellectual Property Code of the Philippines).
Because the Resolution frames the proliferation and sale of used test booklets/questionnaires as arising from theft/unauthorized taking—selling or distributing such items may be treated as fencing under the Anti-Fencing Law depending on facts such as possession and knowledge.
It can supply general criminal liability for theft, related offenses, or other offenses depending on the circumstances, since the Resolution expressly refers to the Revised Penal Code as the basis for prosecution where applicable.
The Resolution signals that unauthorized reproduction/copying, distribution, or sale may also raise IP issues (depending on how the materials and copying are characterized and proven), thus IP liability may apply in certain circumstances.
It is a standard clause indicating that any prior rules or regulations that conflict with this Resolution’s provisions are superseded or adjusted to conform to the Resolution.
After fifteen (15) days from its publication in a newspaper of general circulation.
It supports the argument that any later appearance of the materials (through copying, possession, sale, etc.) strongly suggests unauthorized retention, theft, or unlawful handling.
It was adopted on 01 Aug. 2008 and approved/signed by the PRC Chairperson and Commissioners (as shown in the text). This indicates it is an official act of the Commission in adopting and enforcing its regulatory policies.
Unauthorized possession is merely having the used test booklet/questionnaire without PRC authorization, while unauthorized reproduction involves making copies/duplicates. Both are prohibited under the Resolution, but they may require different evidentiary proof.