Title
PRC NO. 323
Date
Jul 27, 1994
Foreigners are now barred from taking licensure examinations in the Philippines unless their home country has established reciprocity in professional practice and they have resided in the country for at least three years.
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Law Summary

Background

This section outlines the context and previous resolutions regarding foreigners taking licensure examinations in the Philippines.

  • Previous Resolution: Commission Resolution No. 138 (January 22, 1987) permitted foreigners to sit for licensure exams if they graduated from Philippine colleges/universities.
  • Registration Ineligibility: Foreigners were ineligible for registration due to lack of citizenship or alienage; their names were not published as successful examinees, and their Reports of Ratings indicated ineligibility.
  • Legal Conflict: The prior policy conflicted with professional regulatory laws requiring applicants to be Filipino citizens or foreigners from countries with reciprocity agreements.

Provisions of the Resolution

This section outlines the new policies regarding the admission of foreigners to licensure examinations.

  • Reciprocity Requirement: Foreigners are only allowed to take the licensure examination if there is established reciprocity in the practice of the profession between the Philippines and their country.
  • Permanent Residence Requirement: In addition to passing the examination and meeting other legal requirements, foreigners must establish at least three (3) years of permanent residence in the Philippines before registration.

Preventive Measures

This section highlights the rationale for the resolution and its preventive measures against illegal practices.

  • Fraud Prevention: The non-implementation of Resolution No. 138 is aimed at preventing foreigners from engaging in deceptive practices, such as using falsified credentials to practice their professions in the Philippines.
  • Legal Empowerment: The Commission is empowered under Section 5(a) and (b) of P.D. No. 223 to create rules enhancing the standards of professional practice.

Implementation and Dissemination

This section details the effective date and the dissemination of the resolution.

  • Effective Date: The resolution shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation, whichever occurs first.
  • Dissemination: The resolution will be widely circulated through the Department of Education, Culture and Sports, and the Association of State Colleges and Universities.

Signatories

This section lists the officials who adopted the resolution.

  • Commissioner: Hermogenes P. Pobre
  • Associate Commissioner: Armando C. Pascual

Key Takeaways

  • Foreigners are now required to have reciprocity with the Philippines to take licensure exams.
  • A minimum of three years of permanent residency in the Philippines is required for registration after passing the exams.
  • The resolution aims to prevent fraudulent practices and uphold the integrity of licensure examinations.
  • The new policy will take effect after a 15-day publication period.

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