QuestionsQuestions (PRC Resolution NO. 2004-232)
The main purpose of PRC Resolution No. 2004-232 is to provide immunity to whistle-blowers from prosecution in cases involving examination irregularities and illegal practice of profession, thereby encouraging the reporting and prosecution of such offenses to maintain integrity in licensure examinations and the practice of professions.
Immunity may be availed by any public official, employee, or any person who voluntarily gives information and testifies regarding examination irregularities or illegal practice of profession, even if they were involved as bribe-givers or accomplices, provided certain conditions are met.
The conditions include: the information/testimony must pertain to examination irregularity or illegal practice constituting dishonesty or grave misconduct; it must be necessary for prosecution; the information is not already in possession of PRC or government; it can be substantially corroborated; and the informant has not been previously convicted of a crime involving moral turpitude or perjury.
Under subsection (C), such a person may be granted immunity from administrative prosecution if they provide necessary information/testimony not already in possession of the PRC, which can be corroborated, and other specified conditions are met, including that they are not the most guilty party.
The informant must file an application with a sworn affidavit-complaint including details of the irregularity and supporting documents before the Legal Division of the PRC or its regional offices. A preliminary conference will be held to verify the information, followed by a fact-finding report and recommendation to the Commission, which will decide on the grant of immunity.
If the application is denied, all evidence submitted in support of the immunity application, including motions for discharge, will be kept confidential and will not be admissible in any proceeding.
They are exempt from administrative prosecution for the case to which their information and testimony pertain, and are shielded from possible retaliation.
Immunity will not attach and the wrongfully accused official or employee may pursue appropriate civil, criminal, or other legal actions against the informant for harassment or damage caused.
All investigations and proceedings will be strictly confidential to protect the reputation of public officials or employees in case the report is unfounded or no prima facie case is established.
Similar immunity is provided under Presidential Decree No. 749 for persons who voluntarily give information about violations involving bribery, corruption, and official abuse, as well as under the Witness Protection, Security and Benefit Act (R.A. 6981).
The mandate is derived from Republic Act No. 8981, also known as the PRC Modernization Act, which promotes the integrity and competence of professionals through credible licensure examinations.