Law Summary
Creation and Attachment of the Commission
- Establishes the Professional Regulation Commission (PRC) as a three-member body.
- PRC is attached to the Office of the President for general direction and coordination.
Composition and Qualifications
- PRC headed by one full-time Chairperson and two full-time Commissioners.
- Appointed by the President for a 7-year term without reappointment.
- Chairperson and Commissioners must be at least 40 years old with valid professional licenses or certificates.
- One Commissioner must be a past Regulator Board Chairperson or member.
- Chairperson temporarily succeeded by senior Commissioner upon term expiration until new appointment.
Powers and Functions of the Commission
- Exercises administrative, executive, and policy-making functions collectively.
- Maintains high admission standards and safeguards licensure exam integrity.
- Chairperson acts as presiding and chief executive officer.
Compensation and Benefits
- Chairperson’s compensation equivalent to a Department Secretary.
- Commissioners’ compensation equivalent to an Undersecretary.
- Entitled to retirement benefits under existing laws.
Detailed Powers and Responsibilities
- Administers national regulatory policies for professional licensing and ethics.
- Issues contracts, rules, administrative orders as necessary.
- Reviews and approves Professional Regulatory Boards’ policies and official non-ministerial actions.
- Administers licensure exams, fixes exam dates and locations, manages examination procedures.
- Can require refresher courses after three exam failures.
- Publishes exam results and successful examinees’ lists.
- Issues registration certificates/licenses and professional IDs.
- Manages records, fixes fees, and appoints staff as per civil service laws.
- Regulates foreign professionals and authorizes their issuance of permits.
- Supervises professional practice ethics and employs strictly regulated measures.
- Monitors performance of educational institutions in licensure exams.
- Implements computerization of licensure exams and registration by 2003.
- Investigates administrative and professional misconduct within the Commission and boards.
- Issues subpoenas for investigations and calls for inter-agency cooperation.
- Prosecutes illegal professional practice and forwards criminal cases for prosecution.
- Prepares and submits annual reports to Congress.
Regional Offices
- Authorized to create regional offices as necessary to carry out mandated functions.
Powers of Professional Regulatory Boards
- Regulate their respective professions under specific laws.
- Monitor and enhance professional and ethical standards.
- Hear and investigate violations; issue summons and subpoenas.
- Conduct summary hearings via Legal Officers.
- Recommend registration without examination with Commission approval.
- Suspend, revoke or reinstate certifications after due process.
- Prepare syllabi and exam questions in consultation with academe.
- Submit exam results within ten days.
- Provide annual accomplishment reports to the Commission.
Compensation for Regulatory Board Members
- Receive compensation two salary grades lower than Commissioners.
- Board Chairperson receives two steps higher than other members.
- Eligible for other existing allowances and benefits.
Qualifications for Licensure Examination Instructors
- Must possess valid registration and professional licenses.
- Must comply with Commission on Higher Education requirements.
Law Enforcement Assistance
- Law enforcement agencies must assist PRC and Boards in enforcing laws.
- They aid in prosecuting violators in accordance with law and court rules.
Appropriations and Fund Usage
- Initial funds charged against PRC’s current year appropriations.
- Future funding included in General Appropriations Act.
- Up to Forty-five million pesos annually authorized for five years for computerization programs.
Penalties for Exam Manipulation and Corruption
- Imprisonment from 6 years and 1 day to 12 years and/or fines of 50,000 to 100,000 pesos.
- Removal from office and perpetual disqualification for PRC or Board officials involved.
- Lesser penalties prescribed for accomplices and accessories.
Penalties for Government and Private Agency Heads
- Imprisonment from 6 months and 1 day to 6 years and/or fines from 50,000 to 500,000 pesos for hiring foreign professionals without permit.
Rules and Regulations Implementation
- PRC with Boards, professional organizations, DBM, and CHED to prepare implementing rules within 90 days.
Transitory Provisions
- Incumbent PRC Commissioners and Executive Director to serve without new appointments.
Separability Clause
- Declared invalid provisions do not affect the remainder of the Act or other persons and circumstances.
Repealing Clause
- Repeals previous laws and amendments inconsistent with this Act.
Effectivity
- Takes effect 15 days after publication in the Official Gazette or two newspapers of general circulation.