Title
Philippine Criminology Profession Act
Law
Republic Act No. 11131
Decision Date
Nov 8, 2018
Republic Act No. 11131 establishes a comprehensive framework for the regulation and professionalization of the criminology profession, including licensure, education standards, and the creation of a Professional Regulatory Board to oversee ethical practices and continuing development in the field.

Questions (Republic Act No. 11131)

RA 11131 is titled “The Philippine Criminology Profession Act of 2018.” Its policy recognizes the importance of the criminology profession in national security, public safety, peace and order, and nation-building. Its objectives include (a) regulating licensure (examination, registration, licensure) for criminologists; (b) supervision/control of criminology practice; (c) standardization and regulation of criminology education; (d) development of competence through CPD; and (e) integration of criminology professional groups via membership in an accredited national organization.

APO means the Accredited Professional Organization of criminologists, recognized and accredited as the one integrated national organization, subject to PRC approval. Board refers to the Professional Regulatory Board for Criminologists. Commission refers to the Professional Regulation Commission (PRC) under RA 8981. A Registered criminologist is a natural person with a valid certificate of registration and updated professional identification card issued by the Board and PRC pursuant to RA 11131.

The practice includes, among others: (1) work as law enforcement administrator/officer/investigator/agent/employee in agencies performing law enforcement/quasi-police functions (e.g., PNP, NBI, PDEA, BFP, BJMP, BUCOR, PPA, BIR, BoC, BSP, PPC, Marshalls, VIP security, airport/seaport police, NICA, intelligence service of AFP/ISAFP, and similar agencies); (2) teaching criminology subjects and other technical/specialized criminology subjects per CHED; (3) technical examiner/criminalist functions including dactyloscopy, questioned documents, DNA, lie detection, firearms identification, forensic photography, forensic chemistry, and similar scientific investigations; (4) correctional administration and community-based corrections; (5) counselling/consultant/researcher in criminological research and related public safety/national security administration; and (6) private investigator/detective roles in private security and investigation agencies. The Board may add/revise/exclude items with APO consultation and PRC approval.

RA 11131 creates a collegial Professional Regulatory Board for Criminologists under the administrative supervision and control of the PRC. It has a Chairperson and four (4) members appointed by the President from lists of nominees/recommendations: the Commission chooses and ranks three (3) nominees for each position endorsed by the APO, and the President appoints from a list of three (3) recommendations for each seat.

They must be natural-born Filipino citizens and residents; of good moral character and sound mind/body; not convicted of a crime involving moral turpitude; graduates of BS Criminology and either a post-graduate degree in criminology or a lawyer in a reputable CHED-recognized school; registered criminologists with valid IDs and at least 10 years of practice, including at least 2 years teaching criminology or law subjects; members in good standing of the APO but not APO officers/trustees; and must not be faculty teaching regular criminology/review courses or staff of reviewers and must have no direct/indirect pecuniary interest in such institutions.

The Chairperson and members serve a 3-year term from appointment, reappointment allowed for another 3-year term immediately after expiry. However, holding the position shall not exceed two (2) terms nor more than six (6) years, whichever is longer. The first Board has staggered terms (Chairperson 3 years; first two members 2 years; second two members 1 year).

The Board administers and monitors licensure examinations, registration and APO membership, and criminology practice; receives complaints on malpractice/unethical conduct; promulgates implementing rules and codes of ethics/good governance; adopts an official seal; prescribes CPD guidelines; adopts/amends syllabi and tables of specifications; administers the exam, releases results; issues/suspends/revokes registration certificates and cancels permits of foreign criminologists; administers oaths with APO; monitors conditions and may recommend sanctions; monitors criminology education and recommends sanctions to CHED for noncompliance; conducts hearings and investigations using summons/subpoenas; may delegate hearings to PRC; recommends to prosecution agencies criminal violations; disqualifies applicants convicted of moral turpitude and decides administrative cases; conducts summary proceedings and renders summary judgments for certain violations; and prepares annual reports and recommendations to PRC.

Removal/suspension by the President upon Commission recommendation and after due process for: (a) gross neglect, incompetence, or dishonesty; (b) commission of prohibited acts/causes under RA 11131 and related offenses under the Revised Penal Code, Anti-Graft and Corrupt Practices Act, and other laws; (c) manipulation/rigging of licensure results, disclosure of confidential exam questions, or tampering of grades; and (d) conviction with final judgment of any crime involving moral turpitude.

To pass: weighted average rating of 75% with no subject grade below 60%. If the weighted average is 75% but any subject is below 60%, the result is deferred and the examinee retakes that subject/s once within 2 years and must obtain at least 80% for passing that subject/s. If the examinee fails retake or still below 80%, the examinee must retake all board subjects.

They are deemed to have failed the board examination.

Successful candidates must take their oath in person before the Board or any member, and with the APO in an oath-taking ceremony. Any legally authorized person may administer the oath only upon APO membership prior to entering practice. Certificates of registration are issued to those who register and pay fees; they remain effective until withdrawn/suspended/revoked. Professional identification cards are also issued, reissued every three (3) years upon payment of fees, CPD units earned, and certification by the APO as active member.

The Board shall not register an applicant who: (a) was convicted with finality of a crime involving moral turpitude; (b) was found guilty of immoral or dishonorable conduct by the Board; (c) was summarily adjudged guilty for violation of General Instructions to Examinees; or (d) was declared of unsound mind by a court of competent jurisdiction. Upon refusal, the Board must give a written statement of reasons and file a copy in its records.

Grounds include: violation of RA 11131, IRR, Code of Ethics/Good Governance or Board/Commission policies; final conviction of a moral turpitude crime; fraud in obtaining registration/ID/permit; gross incompetence, negligence, or ignorance resulting to death/injury or property damage; nonrenewal of the professional identification card for 6 years without justifiable cause; aiding/abetting illegal practice by a non-registered criminologist through allowing use of one’s credentials; practicing during suspension; drug/alcohol addiction impairing ability or declaration of unsound mind by court; and noncompliance with CPD and APO requirements for renewal (unless exempted).

The Board suspends a registered criminologist from practice (whether in government service or using the license as promotion eligibility) for nonpayment for two (2) consecutive registration periods, with surcharges determined by the Commission.

They are exempt from taking other entrance/qualifying civil service examinations and are considered civil service eligible for certain government positions listed in Sec. 34 (e.g., dactylographer, ballistician, questioned document examiner, forensic photographer, polygraph examiner, probation/parole officer, criminal investigators, and various law enforcement/corrections positions up to specified ranks, among others).

Sec. 37 imposes a fine of not less than P100,000 nor more than P500,000, and/or imprisonment of not less than 2 years and 1 day nor more than 6 years, at the court’s discretion. Punishable acts include: practicing without valid registration/ID or permit; attempting to use another criminologist’s seal/certificate/ID/permit; abetting illegal practice by an unregistered/unauthorized person; securing credentials through false information/fraud; impersonating a registered criminologist or permit holder; and violating any provision of the Act or IRR (with corporate liability for directors/officers and responsible officers if the violator is a juridical person).

Registered criminologists must be integrated into one (1) national organization registered with the SEC. The Board, subject to PRC approval, accredits the organization as the one and only integrated/accredited national organization, with continued accreditation dependent on compliance with PRC periodic requirements/standards. Criminologists in the Registry Book become members automatically (ipso facto) and receive benefits/privileges upon paying APO membership fees and dues (affiliate memberships are not barred).


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