Question & AnswerQ&A (PRC Resolution NO. 2013-775)
The official title is the "Revised Rules in Administrative Investigations."
The rules cover investigations against a Chairman, Vice-Chairman or Member of the Board; registered and licensed professionals; juridical persons allowed to practice a profession; holders of special temporary permits; examinees; applicants for examination; and applicants for registration without examination.
To promote a just, speedy, and inexpensive disposition of cases filed with the Commission and the Boards.
No, the rules provide that the Commission and Boards shall not be bound by technicalities but must proceed to hear and decide cases expeditiously with justice and equity.
The investigations are fact-finding and summary, primarily to determine fitness to continue in office or qualification to practice a profession.
Jurisdiction is vested upon service of summons with a copy of the complaint or formal charge on the respondent.
The respondent shall be informed of the charges, be entitled to be represented by counsel or heard in person, receive a speedy and public trial, and confront and cross-examine witnesses.
No, a motion to dismiss is only allowed on grounds of lack of jurisdiction over the subject matter or the person of the respondent; other motions like for a bill of particulars or new trial are prohibited.
Lawyers of the Commission may be delegated to act as Hearing Officers or Special Prosecutors.
Penalties include revocation or suspension of the Certificate/s of Registration, reprimand, cancellation of special temporary permits, cancellation or withholding of exam results for examinees, and denial or cancellation of registration for applicants.
No, the administrative investigation proceeds independently and does not await the decision of courts or other bodies.
It must be verified or in affidavit form with a certification of non-forum shopping; written in clear language stating the nature of charges, full names and addresses of parties, facts, and evidence.
Such cases are not subjected to conciliation proceedings and proceed directly to investigation.
The conciliator assists parties to reach a settlement by clarifying issues, validating positions, encouraging stipulations, and proposing solutions.
The conciliation should be completed within 30 days; failure of the complainant to appear twice leads to dismissal of the complaint, failure of respondent to appear twice leads to docketing and continuing the case without respondent.
The Commission or Board shall issue an order of default, allowing ex-parte presentation of evidence and rendering judgment thereon.
It should state willingness for amicable settlement, summarize admitted facts, list issues, identify exhibits, list witnesses with testimonies, and propose trial dates.
Under the Supreme Court's A.M. No. 12-8-8, judicial affidavits replace direct testimony to streamline presentation of evidence.
A decision shall be rendered within six (6) months from the service of summons and within thirty (30) days from the order declaring the case submitted for decision.
On grounds of fraud, accident, mistake, excusable negligence, newly discovered evidence, imposition of excessive penalty, insufficiency of evidence, or decision against law or facts.