Modernizing Professional Regulation Commission

Commission composition and term rules

The Commission is headed by one (1) full-time Chairperson and two (2) full-time Commissioners, all appointed by the President. Section 4
The term of each commissioner is seven (7) years, and the appointee is not eligible for reappointment, counted from the time the appointee assumes office. Section 4
A vacancy that occurs before the expiration of a commissioner’s term is filled for only the unexpired term of the immediate predecessor. Section 4
At the expiration of the Chairperson’s term, the most senior Commissioner temporarily assumes and performs Chairperson duties and functions until a permanent Chairperson is appointed. Section 4
The Chairperson or Commissioner must be at least forty (40) years old, hold a valid certificate of registration/professional license and a valid professional identification card or valid certificate of competency issued by the Commission, or a valid professional license issued by any government agency, be familiar with professional regulation/licensing principles, and have at least five (5) years of executive or management experience. Section 4
One (1) Commissioner must be a past Chairperson/member of a Professional Regulatory Board. Section 4

Leadership roles and benefits

The Chairperson and Commissioners sit and act as a body to exercise general administrative, executive, and policy-making functions of the Commission. Section 5
The Chairperson acts as the presiding officer who presides over Commission collegial meetings. Section 5
The Chairperson also acts as chief executive officer, responsible for implementing Commission policies and programs for general administration. Section 5
The Chairperson receives compensation and allowances equivalent to that of a Department Secretary, while Commissioners receive compensation and allowances equivalent to those of an Undersecretary. Section 6
The Chairperson and Commissioners are entitled to retirement benefits under Republic Act No. 1568, as amended by Republic Act No. 3595. Section 6

Core powers, licensing, exams, and administration

The Commission administers, implements, and enforces national regulatory policies for regulation and licensing of professions and occupations under its jurisdiction, including enhancement and maintenance of professional standards and ethics and enforcement of relevant rules and regulations. Section 7
The Commission may perform acts, enter contracts, make rules and regulations, and issue orders and other administrative issuances necessary to execute its functions and improve its services. Section 7
The Commission reviews, revises, and approves resolutions embodying policies promulgated by Professional Regulatory Boards and approves other official actions on non-ministerial matters within their jurisdictions. Section 7
The Commission administers and conducts licensure examinations for the various regulatory boards, including determining and fixing places and dates of examinations. Section 7
The Commission may use publicly or privately owned buildings and facilities for examination purposes and may conduct more than one (1) licensure examination. Section 7
If there are two (2) or more examinations in a year, at least one (1) examination must be held on weekdays (Monday to Friday). Section 7
If only one (1) examination is given in a year, it must be held only on weekdays. Section 7
The Commission requires a refresher course when an examinee has failed to pass three (3) times, except where otherwise provided by law. Section 7
The Commission approves examination results and releases them and adopts measures to preserve the integrity and inviolability of licensure examinations. Section 7
The Commission appoints supervisors and room watchers from among government employees and/or private individuals with baccalaureate degrees, who must be trained by the Commission; they are entitled to a reasonable daily allowance for every examination day actually attended, to be determined and fixed by the Commission. Section 7
The Commission publishes the list of successful examinees. Section 7
The Commission provides schools, colleges, and universities (public and private) offering courses for licensure examinations with copies of sample test questions from recently conducted examinations and with copies of the syllabi or terms of specifications of subjects for licensure examinations. Section 7
The Commission imposes the penalty of suspension or prohibition from taking licensure examinations on any examinee charged and found guilty of violating Commission rules governing conduct of licensure examinations. Section 7
The Commission admits successful examinees to practice, causes entry of names on its registry book and computerized database, and issues certificates of registration/professional license bearing registrant name, picture, and registration number signed by all members of the concerned Board and the Chairperson, with the official seal of the Board and Commission affixed; this certificate is the authority to practice. Section 7
Upon payment of the appropriate amount, the Commission issues the professional identification card at the option of the professional for identification purposes only. Section 7
Marine deck and marine engineer officers receive endorsement certificates exclusively by the Commission, pursuant to the 1978 and 1995 STCW Convention Standards, to the exclusion of any other government agency and notwithstanding Section 1(2) of Executive Order No. 149, Series of 1999, and provisions of other existing laws, executive orders, and administrative issuances/regulations to the contrary. Section 7
Once a certificate of registration/professional license (and, for marine deck and engine officers, the certificate of competency) is issued, it cannot be withdrawn, cancelled, revoked, or suspended except for just cause as provided by law after due notice and hearing. Section 7
The Commission has custody of all records of the various Boards, including examination papers, minutes of deliberation, records of administrative cases and investigations, and examination results for control and disposition. Section 7
The Commission determines and fixes fees it charges and collects for examination, registration, registration without examination, professional identification card, certification, docket, appeal, replacement, accreditation, including surcharges and other fees not specified under Republic Act No. 465 as amended by Republic Act No. 6511, or may charge and collect reasonable fees at higher rates than those under Republic Act No. 465 as amended, subject to approval by the Office of the President. Section 7
The Commission appoints officials and employees necessary for effective performance subject to Civil Service laws, rules, and regulations, prescribes their duties, fixes compensation subject to Republic Act No. 6758, and assigns/reassigns personnel subject to Civil Service laws. Section 7
The Commission may organize or reorganize its structure, and create or abolish positions or change designation in accordance with a staffing pattern prepared by it and approved by the Office of the President upon recommendation of DBM; such changes do not affect incumbents’ employment status, reduce ranks/salaries, or result in separation from service. Section 7
The Commission submits and recommends licensed/registered professionals for appointment as members of various Professional Regulatory Boards from among those nominated to fill vacancies under Executive Order No. 496, Series of 1991. Section 7
Upon recommendation of the concerned Professional Regulatory Board, the Commission approves registration and authorizes issuance of certificate of registration/license and professional identification card (with or without examination) to a foreigner whose registration in the foreign state has not been suspended or revoked, subject to requirements substantially the same as those contemplated by Philippine laws and requiring that the foreign state allows Philippine citizens to practice on the same basis and grant the same privileges. Section 7
Upon recommendation of the Board concerned, the Commission authorizes issuance of a certificate of registration/license or a special temporary permit for reciprocity and other international agreements; consultants in foreign-funded, joint venture or foreign-assisted government projects; employees of Philippine or foreign private firms or institutions pursuant to law; and health professionals engaged in humanitarian missions for a limited period of time. Section 7
Agencies, organizations, or individuals securing services of a foreign professional authorized to practice in the Philippines under these reasons must secure a special permit from the Professional Regulation Commission (PRC) and the Department of Labor and Employment (DOLE) pursuant to PRC and DOLE rules. Section 7
The Commission authorizes any of its officers to administer oaths. Section 7
The Commission supervises foreign nationals authorized by existing laws to practice in the Philippines, whether holders of a certificate of registration and professional identification card or holders of a temporary special permit. Section 7
The Commission ensures strict compliance with the terms and conditions for foreign professionals’ practice or employment. Section 7
The Commission requires hiring/employing government agencies or private entities/institutions to secure a temporary special permit from the concerned Board subject to Commission approval, and requires filing of a criminal complaint against the head of the hiring government agency or liable officers of the private entity/institution when the foreign professional is hired and allowed to practice without permit, with liability under the penalty provided in the concerned professional regulatory law or under the penalties imposed by the Act. Section 7
The Commission files upon due process request for deportation with the Bureau of Immigration and Deportation (BID). Section 7
The Commission supervises professionals who were former citizens of the Philippines and who had been registered and issued a certificate of registration and professional identification card prior to naturalization as foreign citizens, who may practice while in the country on visit, sojourn, or permanent residence. Section 7
Such former citizens must first be issued a special permit and an updated professional identification card by the concerned Board subject to Commission approval, upon payment of permit and annual registration fees, prior to practice. Section 7
The Commission monitors school performance in licensure examinations and publishes results in a newspaper of national circulation. Section 7
The Commission adopts and institutes a comprehensive rating system for universities, colleges, and training institutes based on passing ratio and overall student performance in board examinations. Section 7
The Commission exercises administrative supervision over the various Professional Regulatory Boards and their members. Section 7
The Commission adopts and promulgates rules and regulations necessary to implement policies for regulation and practice of professions. Section 7
The Commission implements a program for full computerization of all licensure examinations, including registration of professionals not later than the year 2003, and other operations of the Commission. Section 7
The Commission investigates and decides administrative matters involving officers and employees under its jurisdiction. Section 7
The Commission may investigate motu proprio or upon verified complaint any member of a Professional Regulatory Board for neglect of duty, incompetence, unprofessional/unethical/immoral/dishonorable conduct, and commission of irregularities in licensure examinations that taint or impair integrity and authenticity of results; if found guilty, the Commission revokes or suspends certificates of registration and professional licenses/identification cards and recommends to the President their suspension or removal from office. Section 7
The Commission issues summons, subpoena, and subpoena duces tecum in connection with investigations of cases against officials and employees of the Commission and members of the Professional Regulatory Boards. Section 7
The Commission holds contempt of an erring party or person only upon application with a court of competent jurisdiction. Section 7
The Commission may request assistance from departments, instrumentalities, offices, bureaus, institutions, agencies, and local government units to carry out, enforce, or implement professional regulatory policies or programs under the Act. Section 7
The Commission initiates investigations, upon sworn complaint by an aggrieved party, against any person who practices the regulated profession or occupation without legal authorization, without being registered and licensed by the concerned regulatory board and issued the corresponding license/professional identification card or temporary/special permit, or who commits prohibited acts under the regulatory laws that are criminal in nature; when evidence warrants, it forwards records to the city or provincial prosecutor and the Commission’s legal services lawyers prosecute upon deputization by the Secretary of Justice. Section 7
The Commission prepares an annual report of accomplishments on Commission programs, projects, and activities for submission to Congress after the close of each calendar year and makes recommendations on issues affecting the Commission, Boards, and professions under its jurisdiction. Section 7
The Commission performs other functions and duties necessary to carry out the Act and professional regulatory laws, decrees, executive orders, and other administrative issuances. Section 7

Regional offices and Professional Regulatory Boards

The Commission is authorized to create regional offices necessary to carry out functions mandated under the Act. Section 8
The Professional Regulatory Boards retain authority to regulate practice of professions according to their respective professional regulatory laws. Section 9
Boards monitor conditions affecting practice in their jurisdictions and adopt measures to enhance the profession and maintain high professional, ethical, and technical standards; authorized Board members with deputized Commission employees may conduct ocular inspections in industrial, mechanical, electrical, or chemical plants/establishments, hospitals, clinics, laboratories, testing facilities, mines and quarries, other engineering facilities, and—together with CHED—in schools. Section 9
Boards hear and investigate cases for violations of their respective laws, implementing rules and regulations, and Codes of Ethics, and may issue summons, subpoena, and subpoena duces tecum to compel attendance of alleged violators and/or witnesses in hearings. Section 9
Board decisions become final and executory after fifteen (15) days from receipt of notice of judgment or decision unless appealed to the Commission. Section 9
Boards may delegate hearing/investigation of administrative cases, except where the issue strictly concerns the practice of the profession or occupation, in which case at least one (1) Board member presides with assistance of a Legal or Hearing Officer of the Commission. Section 9
Boards conduct, through Legal Officers of the Commission, summary proceedings on minor violations of their regulatory laws and rules implementing them, including violations of general instructions to examinees committed by examinees, and render summary judgments that become final and executory after fifteen (15) days from receipt of notice of judgment or decision unless appealed to the Commission. Section 9
Boards may recommend registration without examination and issuance of corresponding certificate of registration and professional identification card, subject to final approval by the Commission. Section 9
After due process, Boards suspend, revoke, or reissue, re-instate, or renew certificates of registration or licenses for causes provided by law. Section 9
Boards prepare, adopt, and issue syllabi or tables of specifications in consultation with the academe; determine and prepare examination questions strictly within the scope of the syllabus or table of specifications; and score and rate examination papers with the name and signature of the Board member on each paper. Section 9
Boards submit examination results signed by Board members to the Commission in all subjects within ten (10) days from the last day of examination, unless extended by the Commission for justifiable causes. Section 9
If not provided for in the profession’s law, Boards determine the appropriate passing general average rating in an examination subject to approval by the Commission. Section 9
Boards prepare an annual report of accomplishments on programs, projects, and activities for submission to the Commission after each calendar year and include recommendations on issues or problems affecting the profession to the Commission. Section 9

Qualifications to teach licensure subjects; enforcement help

Persons who teach subjects for licensure examinations must hold valid certificates of registration and valid professional licenses of the profession and comply with CHED requirements. Section 11
Law enforcement agencies must render assistance upon call or request of the Commission or a Professional Regulatory Board in enforcing the regulatory law of the profession by prosecuting violators according to law and the Rules of Court. Section 12

Financing and computerization authorization

The initial implementation of the Act is charged against the Commission’s current year appropriations; subsequent funding is included in succeeding General Appropriations Acts. Section 13
In addition to annual appropriations, the Commission may use its income not exceeding PHP 45,000,000 a year for five (5) years after the effectivity of the Act to implement full computerization of the Commission’s operations, subject to usual accounting and auditing requirements. Section 14

Examination manipulation crimes and penalties

Any person who manipulates or rigs licensure examination results, secretly informs or makes known licensure examination questions prior to the examination, or tampers with grades in professional licensure examinations is punished, upon conviction, by imprisonment of not less than six (6) years and one (1) day to not more than twelve (12) years or a fine of not less than PHP 50,000 to not more than PHP 100,000, or both imprisonment and fine at the discretion of the court. Section 15
If the offender is an officer or employee of the Commission or a member of a regulatory board, the offender is removed from office and suffers perpetual absolute disqualification from public office in addition to penalties prescribed under Section 15. Section 15
Accomplices are punished by imprisonment of four (4) years and one (1) day to six (6) years, or a fine of PHP 20,000 to PHP 49,000, or both at the discretion of the court. Section 15
Accessories are punished by imprisonment of two (2) years and one (1) day to four (4) years, or a fine of PHP 5,000 to PHP 19,000, or both at the discretion of the court. Section 15

Additional penalties for violating Section 7

Any head of a government agency or officer(s) of a private firm/institution who violates Section 7, subparagraph (1) is punished by imprisonment of not less than six (6) months and one (1) day to not more than six (6) years, or a fine of not less than PHP 50,000 to not more than PHP 500,000, or both at the discretion of the court. Section 16

Implementation rules, transitory, separability

Within ninety (90) days after approval of the Act, the Professional Regulation Commission, with representatives of the various Professional Regulatory Boards and accredited professional organizations, the DBM, and the CHED, must prepare and promulgate rules and regulations to implement the Act. Section 17
Incumbent commissioners and associate commissioners continue to serve as Chairperson and Commissioners respectively under the terms they were appointed for, without need of new appointments. Section 18
The incumbent Executive Director continues to serve as Assistant Commissioner without need of new appointment. Section 18
If any provision or its application is declared invalid or unconstitutional, the remainder of the Act or its application to other persons or circumstances is not affected. Section 19

Repeal and effectivity

The Act repeals Republic Act No. 546, Presidential Decree No. 223 (as amended by Presidential Decree No. 657), Republic Act No. 5181, and Executive Order No. 266, Series of 1995. Section 20
The Act repeals Section 23 (h) of Republic Act No. 7836, Section 4 (m & s) and Section 23 of Republic Act No. 7920, and Section 29 of Republic Act No. 8050, insofar as those provisions require completion of Continuing Professional Education (CPE) as a condition for renewal of the license. Section 20
All other laws, orders, rules, regulations, resolutions, or parts inconsistent with the Act are repealed or amended accordingly. Section 20
The Act takes effect after fifteen (15) days following publication in the Official Gazette or in two (2) newspapers of general circulation, whichever is earlier. Section 21

Enactment date and approval

The Act is Republic Act No. 8981, approved on December 5, 2000. Republic Act No. 8981; Section 21
The Act consolidates House Bill No. 7572 and Senate Bill No. 1271 and indicates passage by the House of Representatives on October 25, 2000 and by the Senate on October 18, 2000.