Filing of Complaints
- Complaints must be written, under oath, or in affidavit form.
- Filed by any person, firm, partnership, association, corporation (via authorized representative), or motu-proprio by the Board.
Content and Supporting Evidence for Complaints
- Complaints must clearly state:
- Names and addresses of complainant and respondent.
- Respondent's profession, registration number, and date of issuance or licensure exam applied/taken.
- Specific provision violated under regulatory laws, Rules, or Code of Ethics.
- Ultimate facts constituting the offense or charge.
- Disciplinary action requested.
- Accompanied by affidavits of complainant's witnesses or other documentary evidence.
- Affidavits must state facts of direct personal knowledge and show competence of affiants.
- Insufficient or inadmissible affidavits to be expunged.
- Board preliminarily determines whether to dismiss case for lack of jurisdiction or merit.
- If not dismissed, respondent must file counter-affidavit and documentary evidence within ten days.
- No prima facie case results in dismissal.
Payment of Fees and Case Initiation
- Complainant must pay PHP 100 as docket and legal research fees within ten days.
- Non-payment results in dismissal, except indigents (affidavit required) or governmental agency-endorsed complaints are exempt.
- After payment, administrative case number assigned.
- Notices of hearing and summons served to complainant and respondent respectively.
Hearing Procedures and Presiding Officers
- Hearings presided by at least one Board Member with assistance of PRC Attorney if directly related to professional practice.
- Charges not related to practice handled solely by PRC Attorney.
Order of Hearing and Submission of Evidence
- Initial hearing serves as preliminary conference.
- Parties submit verified position papers, supporting documents, and affidavits simultaneously.
- Strictly barred from presenting new causes or evidence beyond submissions.
- Parties exchange copies of filings.
- Hearing Officer guides parties to:
- Agree on grounds/causes.
- Complainant and respondent summarize case and defense.
- Stipulate or admit ultimate facts.
- Formulate issues from disputed facts.
- Show testimonial and documentary evidence.
- Agree on future hearing dates or dispense with hearing.
- Case resolved by Board en banc within 30 days.
- Complainant presents evidence first, then respondent.
- Rebuttal and surrebuttal allowed for justified reasons.
- Written memoranda/arguments may be required.
- Affidavits serve as direct testimony; affiants may be cross-examined.
- Affidavits without testimony not considered competent evidence for presenting party but may be used by opponent.
- Witnesses must have previously submitted affidavits.
Continuance and Postponement Rules
- Motions for continuance served on all parties at least three days before hearing.
- Postponements limited to 10 days.
- Each party entitled to two postponements without fine.
- Additional meritorious postponements fined PHP 50; unmeritorious PHP 100.
- Board determines merit of postponements.
Failure to Appear and Default
- Complainant’s failure to appear may lead to dismissal unless case warrants public interest prosecution.
- Respondent’s failure to appear may result in default declaration; complainant allowed to present evidence ex-parte.
Concurrent Judicial or Administrative Cases
- Existence or pendency of criminal, civil, or other administrative cases on same facts does not suspend or bar Board proceedings.
- Board proceeds independently and issues decision irrespective of court or quasi-judicial outcomes.
Motion for Reconsideration
- Must be filed within 30 days after receipt of decision.
- Only one motion entertained.
- Grounds include:
- Fraud, accident, mistake, or excusable negligence affecting substantive rights.
- Newly discovered evidence not previously available.
- Excessive penalty, insufficient evidence, decision against law or facts.
Appeal to the Professional Regulation Commission
- Appeals filed within 30 days from receipt of Board decision.
- Interlocutory orders not appealable.
- Notice of appeal, supporting arguments, and PHP 150 appeal fee must be filed with the Board and served to adverse party.
- Time for motion for reconsideration deducted from appeal period unless pro-forma or delay tactic.
- Complete case records transmitted to Commission within five days after appeal.
- Adverse party given 15 days to submit counter-arguments before resolution.
Contempt Procedures
- Contempt against PRC, Commissioners, Boards, PRC Attorneys or functionaries filed with the Regional Trial Court where contempt occurred.
- Proceedings in accordance with Rule 71 of the Rules of Court.
- Failure without lawful excuse to appear, swear oath, testify, or produce documents when required subjects the party to contempt discipline.
Depositions
- Upon Board’s permission, depositions of witnesses may be taken before a notary public within 30 days from Board’s order.
- Depositions offered as evidence during hearings via submission.
- Criteria for leave: witness or party residence and nature of charge.
Effectivity
- Resolution takes effect 15 days after publication completion in Official Gazette or newspaper of general circulation.