Legal Basis and Validity of the Penalty
- The penalty of suspension and delisting is enforceable pursuant to the law stated in R.A. No. 6511.
- The law explicitly requires suspension after five years of unpaid annual registration fees, which has been upheld in judicial decisions.
Notification and Opportunity to Respond
- Delinquent professionals must be properly notified at their last known address before suspension and delisting measures are enforced.
- They shall have 30 days from receipt of the notice to either pay the delinquent fees or to present valid reasons for their failure to pay.
- Valid justification may allow deferment of suspension and delisting for a reasonable period (not exceeding 30 days from Board’s action).
- Where service by notice is impractical, substitute service by publication in the Official Gazette or a newspaper of general circulation may be allowed following the Rules of Court.
Publication of Delinquent Names
- Prior to suspension and delisting, the Commission will publish in a newspaper of general circulation the list of delinquent professionals along with the requirements and deadline to clear the delinquency.
Reinstatement Procedures
- Reinstatement to the Rolls of Registered Professionals is possible upon application by the suspended professional.
- Requirements for reinstatement include compliance with Continuing Professional Education (CPE) requirements unless exempt, payment of all delinquent and current fees including surcharges.
- Returned certificates of registration, if surrendered, will be reinstated upon successful application.
Criminal Liability for Illegal Practice
- Registered professionals who continue to practice during the period of suspension and delisting shall be criminally liable for illegal practice of their profession.
- This serves as a deterrent against unauthorized practice during suspension.
Effectivity of the Resolution
- The resolution shall take effect 15 days after publication in the Official Gazette or any newspaper of general circulation.
This summary comprehensively addresses the key features, procedures, and legal consequences laid down by the PRC Resolution No. 217 of 1992.