Law Summary
Grounds for Foreign Professionals’ Practice
- Laws may allow:
- Reciprocity for foreign professionals to take licensure exams or practice.
- Consultation or specific assignments (design, investigation, demonstration).
- Employment as technical officers, professors, or consultants in specialized branches.
- Work through international bodies or government contracts for definite projects.
- Employment of internationally renowned experts whose services are urgently needed.
- Allowance for foreign consultants in government-financed infrastructure projects.
- Foreign investments that enable employment of foreign professional nationals.
- Employment/practice under international conventions or agreements.
Role of the Professional Regulation Commission (PRC)
- PRC administers regulation and licensing of professions, maintaining professional standards and ethics.
- PRC supervises foreign professionals allowed by law or special permits to ensure compliance with employment terms and conditions.
- PRC mandated to issue guidelines and regulations for:
- Professional Regulatory Boards regarding foreign professionals' practice.
- Registration and issuance of temporary special permits to foreign professionals.
Definition of Key Terms
- Regulated Profession: Profession with admission and practice regulated by law.
- Practice of Profession: Acts/services constituting practice as defined by law.
- Professional Consultancy: Services requiring technical training including advisory, feasibility studies, design, supervision, management, and special studies.
- Foreign Professional Consultant: Non-Filipino registered and licensed in their country, engaged in consultancy services related to regulated professions.
- Foreign Professional: Non-Filipino licensed in their country engaged in regulated professional acts/services in the Philippines.
Categories of Consulting Services for Foreign Consultants
- Foreign consultants may provide:
- Advisory or review services
- Pre-investment or feasibility studies
- Design
- Construction supervision
- Management and related services
- Other technical or special studies
- Temporary special permits required if the services constitute practice under Philippine law.
Registration and Issuance of Temporary Special Permits
- Eligible foreign professionals include:
- Those allowed by reciprocity to take exams or practice.
- Consultants called by government or attached to international bodies.
- Internationally renowned experts urgently needed.
- Consultants linked to foreign loans, contracts, or investments in government projects.
- Professionals allowed under international conventions/agreements.
- Other foreign professionals with lawful basis.
- General requirements include authenticated documents such as:
- Reciprocity laws and official letters.
- Alien employment permits from DOLE.
- Proof of professional registration and licenses in own country.
- Personal data sheets under oath with detailed background and employment information.
- Applications by foreign professionals or by employing government agencies depending on category.
Submission of Additional Documents
- Professional Regulatory Boards may require further documents to evaluate qualifications.
Oath and Commitment
- Foreign professionals must take an oath and commit to comply with Philippine professional regulatory laws and codes of ethics.
Application Process
- Applications by foreign professionals themselves or relevant government entities depending on category.
Record Keeping
- International Affairs Division to maintain separate rosters for:
- Registered foreign professionals who passed licensure exams or practice by reciprocity.
- Foreign professionals issued temporary special permits.
- Records to include personal, professional, and employment details.
Reporting and Monitoring
- Foreign professionals must report residence, employment details, and notify changes to the PRC.
Administrative and Penal Sanctions
- Foreign professionals subject to administrative proceedings and penalties for violations of professional laws.
- Criminal prosecution applies for acts penalized under criminal laws.
Effectivity
- Guidelines effective 30 days after publication in Official Gazette or newspaper of general circulation, whichever earlier.