QuestionsQuestions (PRC Resolution NO. 2013-775)
It is the “Revised Rules and Regulations Governing Administrative Investigations in the Commission and the Boards,” adopted on 25 July 2013, to revise existing rules to ensure a fair, expeditious, and inexpensive disposition of administrative cases.
They apply to cases involving: (1) a Chairman/Vice-Chairman/Member of a Board; (2) a registered and licensed professional; (3) a juridical person allowed to practice a profession; (4) a holder of a special temporary permit; (5) an examinee; (6) an applicant for examination; and (7) an applicant for registration without examination.
They must be liberally construed to promote a just, speedy, and inexpensive determination of cases; technicalities should not bar the hearing and decision on the facts consistent with justice and equity.
They are fact-finding and summary, primarily aimed at determining (a) fitness of Board officials to continue, (b) continued qualification/competence of professionals/juridical persons/holders of STP, or (c) qualification of applicants/examinees to be admitted to practice.
Unless otherwise provided, the Revised Rules of Court apply suppletorily; technical errors in evidence admission that do not prejudice substantive rights do not vitiate proceedings.
Upon service of summons with a copy of the complaint or formal charge; jurisdiction continues even if the respondent leaves the Philippines or fails to appear.
The respondent must be informed of charges; entitled to counsel and/or to be heard in person; given a speedy and public trial; and allowed to confront and cross-examine witnesses against him.
Examples include: (1) motion to dismiss except for lack of jurisdiction; (2) motion for bill of particulars; (3) motion for new trial/reopening; (4) petition for relief from judgment; (5) motion for extension of time to file pleadings/affidavits; (6) reply and rejoinder; (7) demurrer to evidence. (Any of these qualify as prohibited under Sec. 9.)
Hearing may be delegated to any lawyer of the Commission; lawyers may act as Hearing Officers or Special Prosecutors in motu proprio investigations. Commission lawyers and Board members may administer oaths. They may exclude disruptive persons and may cite for contempt for disorderly conduct outside the hearing room.
Presence is required in cases involving the practice of the profession; however, the Board may waive the presence of any member during hearings except when the issue strictly concerns practice/occupation.
No. It neither suspends nor bars the proceedings; the Commission/Board must independently proceed and decide without awaiting final court/other quasi-judicial results.
(a) The Commission shall revoke/suspend the certificate of registration of a Board member and recommend to the President suspension or removal. (b) If found guilty, the professional/juridical person may face revocation or suspension of the Certificate(s) of Registration or reprimand; also surrender requirements for applicable documents within 10 days from finality.
Conciliation is required for verified complaints against professionals/juridical persons/STP holders/examinees/applicants, except where the acts/omissions resulted in death or injury to persons, or serious impairment of the public interest.
Conciliation must generally be initiated within 5 days and terminated within 30 days. If either party fails to appear in two (2) meetings despite due notice: for the complainant, the Board dismisses the complaint with prejudice; for the respondent, the Board orders the case docketed for hearing (proceeding with the case).
The respondent must file a counter-affidavit or verified answer within 15 days from receipt of summons, stating whether he elects a formal investigation or waives it and submits for decision based on pleadings.
An order of default is issued; ex-parte presentation of evidence is allowed and judgment is rendered based on the evidence presented.
Failure to file the pre-trial brief at least 3 days before the conference has the same effect as failure to appear. If the complainant/counsel fails to appear, the case is dismissed; if the respondent/counsel fails to appear, the complainant may present evidence ex-parte and judgment may be rendered based on it.