Constitutional and reciprocity basis
- The resolution anchors its policy on Section 14, Article XII of the 1987 Constitution, which limits the practice of all professions in the Philippines to Filipino citizens, except in cases prescribed by law.
- The resolution recognizes reciprocity as a case where the constitutional injunction does not apply.
- Under the reciprocity framework, a foreign national may be allowed to practice a profession in the Philippines if the foreign country allows a Filipino citizen to practice the same profession under the same basis and with the same privileges.
Coverage: who may take exams
- The resolution covers resident foreign nationals who studied in the Philippines and are sons or daughters of Filipino citizens permanently residing (immigrants) in the USA or other countries or who have became citizens thereof.
- The resolution covers another category of foreign nationals admitted as residents in the Philippines who studied and graduated a course with a licensure examination from a school, college, or university established or recognized by the Philippine Government.
- The resolution applies to the licensure examinations of their respective courses taken in the Philippines.
Filing and documentary requirements
- A covered resident foreign national must file an application for examination with the Application Division or Regional Office of the PRC.
- The applicant must attach an authentic or authenticated copy of the transcript of records with a Special Order number and date of graduation.
- The applicant must attach a certified xerox copy/photocopy of the passport pages showing citizenship, other personal circumstances, and the date of entry in the Philippines.
- The applicant must attach a certified xerox copy/photocopy of a document issued by the Philippine Commission on Immigration and Deportation allowing entry and residence in the Philippines, and other documents that the concerned Professional Regulatory Board may require.
- The application must comply with the resolution’s procedural requirements before the examination process proceeds.
Exam listing, publication, and participation limits
- The names of successful resident foreign examinees must be listed in a separate list denominated as “Resident Foreign Examinees.”
- The names of successful resident foreign examinees must be published in newspapers, similar to the publication of Filipino successful examinees’ names.
- The rank of successful resident foreign examinees in the examination must not be published.
- Successful resident foreign examinees must not be allowed to participate in the oath-taking ceremony of successful examinees.
- Successful resident foreign examinees must not be allowed to register, secure a professional license and practice the profession in the Philippines.
- Even with these limitations, successful examinees must be issued a report of rating, whether passed or failed, showing their grades in the subjects and their general average rating.
- Successful examinees must also be issued certificates attesting that they passed the licensure examination of their profession.
Proof and reciprocity conditions before full practice steps
- A successful resident foreign examinee is required to satisfy additional conditions before being allowed to take the oath of a professional, register as a professional, and be issued a professional license to practice the profession in the Philippines.
- The successful resident foreign examinee must prove Filipino citizenship by submitting an authentic or authenticated copy of either:
- a decree of naturalization and an oath of allegiance, or
- a final decision of a court of competent jurisdiction granting the petition for naturalization and the oath of allegiance.
- Alternatively, a successful resident foreign examinee must submit a copy of the law of his/her country/state, officially translated in the English language if printed in a language other than English.
- The foreign law copy must be certified by the duly authorized officer of the embassy/consulate/legation of his country.
- The foreign law must show by clear and specific provisions that foreigners educated in that country/state are allowed to take the licensure examination there and, if successful, are allowed to register and practice the profession, or—if the Filipino citizen is already licensed there—that the Filipino citizen is allowed to practice on the same basis and with the same privileges.
- The successful resident foreign examinee must also submit a document signed by a duly authorized officer of the agency/office that conducts licensure examinations and issues licenses in that country, containing a firm commitment that a Filipino citizen who desires to take that country’s licensure examination will be allowed to do so and, if successful, will be allowed to register and be issued a license to practice.
- The firm commitment requirement must also cover Filipino citizens already licensed in that country to practice, and must provide that they are granted the same privileges enjoyed by citizens of that country/state.
Effects of compliance and documentation output
- The resolution provides that successful resident foreign examinees receive a report of rating whether they pass or fail, including subject grades and general average rating.
- The resolution provides that successful examinees receive certificates confirming passage of the licensure examination.
- The resolution provides that successful examinees are not permitted to take Philippine oath-taking, register, obtain Philippine licenses, or practice in the Philippines unless the citizenship and/or reciprocity proof conditions are satisfied for the subsequent steps described.