Title
PRC Modernization Act of 2000
Law
Republic Act No. 8981
Decision Date
Dec 5, 2000
The Philippine Jurisprudence case involves the Republic Act No. 8981, which aims to modernize the Professional Regulation Commission (PRC) by establishing a three-man commission with the power to regulate and license various professions, conduct licensure examinations, and take disciplinary action against professionals who violate regulations.

Creation and Attachment of the Commission

  • PRC is composed of three members: one Chairperson and two Commissioners.
  • Attached to the Office of the President for general direction.

Composition and Appointment of Commissioners

  • Commissioners serve a 7-year term without reappointment.
  • Must be at least 40 years old, hold valid certificates/licenses, and have at least 5 years of management experience.
  • One commissioner must be a former board member or chairperson.

Powers and Functions of the Commission

  • Exercise administrative, executive, and policy functions as a collegial body.
  • Maintain high admission standards and ensure integrity of licensure exams.
  • Chairperson presides meetings and implements policies.

Compensation and Benefits

  • Chairperson paid equivalent to Department Secretary.
  • Commissioners paid equivalent to Undersecretary.
  • Entitled to retirement benefits under RA 1568 as amended by RA 3595.

Regulatory Functions

  • Administer and enforce regulatory policies regarding licensing, standards, and ethics.
  • Issue rules, contracts, resolutions, and administrative issuances.
  • Review and approve policies promulgated by Professional Regulatory Boards.

Licensure Examinations

  • Conduct licensure exams, fix schedules, and locations.
  • Ensure at least one exam annually on weekdays.
  • May require refresher courses after three failures.
  • Ensure exam integrity by appointing supervisors and room watchers.
  • Publish results and may suspend examinees for violations.

Registration and Certification

  • Issue certificates of registration and professional licenses with proper authentication.
  • Issue professional ID cards optionally upon payment.
  • For marine officers, issue endorsement certificates per STCW Conventions.
  • Certificates cannot be revoked except for just cause after due process.

Record Keeping and Fees

  • Maintain custody of all records including exams and administrative cases.
  • Fix and collect reasonable fees for various services subject to approval of the Office of the President.

Personnel and Organizational Structure

  • Appoint officials and employees per the Civil Service laws.
  • Organize or reorganize Commission structure, create or abolish positions as needed without affecting incumbents' rights.

Appointment of Board Members and Foreign Professionals

  • Recommend licensed professionals for appointment to Boards.
  • Approve registration of foreign professionals if conditions of reciprocity and equivalency are met.
  • Issue temporary permits or special certificates to foreign professionals under certain conditions.
  • Require securing special permits from PRC and DOLE for foreign professionals engaged by agencies or institutions.

Oversight and Enforcement

  • Administer oaths, supervise foreign professionals.
  • Monitor schools' performance in licensure exams.
  • Exercise administrative supervision over Professional Regulatory Boards.
  • Computerize licensure exams and registration by 2003.
  • Investigate and decide administrative cases involving Commission personnel or Board members.
  • Issue summons and subpoenas related to investigations.
  • Request assistance from government entities to enforce regulations.

Regional Office Creation

  • Authorized to establish regional offices to carry out functions.

Powers of Professional Regulatory Boards

  • Regulate practice of professions per their regulatory laws.
  • Monitor professional practice and conduct ocular inspections when needed.
  • Hear and investigate violations, issue summons and subpoenas.
  • Delegate administrative case hearings, conduct summary proceedings for minor violations.
  • Recommend registration without examination and reissue or revoke licenses after due process.
  • Prepare syllabi, examine questions, score exams, and submit results.
  • Prepare annual reports for the Commission.

Compensation of Board Members

  • Board members receive pay two salary grades lower than Commissioners.
  • Board Chairperson receives higher remuneration than members.

Teaching of Licensure Subjects

  • Subjects must be taught by licensed professionals meeting CHED requirements.

Assistance from Law Enforcement Agencies

  • Law enforcement agencies shall assist the Commission and Boards in enforcing regulatory laws.

Budget and Appropriations

  • Initial funding charged to PRC’s current appropriations.
  • Subsequent funding included in annual General Appropriations.
  • PRC authorized to use up to P45 million annually for five years for computerization.

Penalties for Corrupt Practices in Exams

  • Manipulation, rigging, or disclosure of exam questions punishable by 6 to 12 years imprisonment and fines.
  • Commission officials or Board members involved face removal and perpetual disqualification from public office.
  • Accomplices and accessories face graduated imprisonment and fines.

Penalties for Hiring Unauthorized Professionals

  • Heads of agencies or officers of private entities who allow unauthorized practice face imprisonment of 6 months to 6 years and/or fines.

Rulemaking and Implementation

  • PRC, Boards, professional groups, DBM, and CHED to promulgate implementing rules within 90 days.

Transitional Provisions

  • Incumbent Commissioners and Executive Director to continue without new appointments.

Separability and Repealing Clauses

  • Invalid provisions do not affect remainder of the Act.
  • Repeals previous regulations and laws inconsistent with this Act.

Effectivity

  • Takes effect 15 days after publication in Official Gazette or newspapers.

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