PRC Modernization Act of 2000

Policy and creation of PRC

Section 2 declares the State policy to promote the sustained development of a reservoir of professionals through honest and credible licensure examinations and internationally recognized standards of professional service and practice.
Section 3 creates the Professional Regulation Commission (Commission) as a three-man commission attached to the Office of the President for general direction and coordination.

Commission composition and term

Section 4 provides that the Commission shall be headed by one (1) full-time Chairperson and two (2) full-time Commissioners, all appointed by the President.
Section 4 sets a seven (7) years term for the Chairperson and Commissioners without reappointment, counted from the time they assume office.
Section 4 provides that an appointment to a vacancy before the expiration of a term covers only the unexpired term of the immediate predecessor.
Section 4 provides that when the Chairperson’s term expires, the most senior Commissioner temporarily assumes and performs Chairperson duties until a permanent Chairperson is appointed.
Section 4 requires the Chairperson or Commissioner to be at least forty (40) years of age, with a valid certificate of registration/professional license and a valid professional identification card or valid certificate of competency issued by the Commission, or a valid professional license issued by any government agency.
Section 4 requires familiarity with principles and methods of professional regulation and/or licensing, plus at least five (5) years of executive or management experience.
Section 4 provides that one (1) Commissioner must be a past Chairperson/member of a Professional Regulatory Board.

Chairperson role and Commission functions

Section 5 provides that the Chairperson and Commissioners shall sit and act as a body to exercise general administrative, executive, and policy-making functions of the Commission.
Section 5 requires the Commission to establish and maintain a high standard of admission to the practice of all professions and to ensure the integrity of licensure examinations.
Section 5 makes the Chairperson the presiding and chief executive officer of the Commission.
Section 5 provides that the Chairperson presides over meetings as a collegial body and is responsible for implementation of Commission policies and programs for general administration.
Section 7 grants the Commission extensive powers, including regulation and licensing administration across professions under its jurisdiction.

Powers, licensing, exams, and enforcement

Section 7 requires the Commission to administer, implement, and enforce national regulatory policies for regulation and licensing of professions and occupations under its jurisdiction, including enhancement and maintenance of professional standards and ethics and enforcement of related rules.
Section 7 authorizes the Commission to perform acts, enter into contracts, make rules and regulations, and issue orders and other administrative issuances necessary to execute its functions and improve services.
Section 7 authorizes the Commission to review, revise, and approve resolutions embodying policies promulgated by Professional Regulatory Boards and other official actions on non-ministerial matters within their jurisdictions.
Section 7 directs the Commission to administer and conduct licensure examinations, including:
- Determining and fixing the places and dates of examinations.
- Using publicly or privately owned buildings and facilities.
- Conducting more than one (1) licensure examination.
- Requiring that when two (2) or more examinations are held in a year, at least one (1) examination must be held on weekdays (Monday to Friday).
- Requiring that when only one (1) examination is held in a year, it must be held only on weekdays.
Section 7 authorizes the Commission to require a refresher course when an examinee fails to pass three (3) times, except where otherwise provided by law.
Section 7 requires the Commission to approve examination results and release them, preserve the integrity and inviolability of licensure examinations, and publish the list of successful examinees.
Section 7 empowers the Commission to impose the penalty of suspension or prohibition from taking licensure examinations on an examinee charged and found guilty of violating Commission rules on the conduct of licensure examinations.
Section 7 authorizes supervision staffing for examinations by appointing supervisors and room watchers from government employees and/or private individuals with baccalaureate degrees trained by the Commission, with a reasonable daily allowance for every examination day actually attended, fixed by the Commission.
Section 7 requires the Commission to admit successful examinees to practice, cause their names to be entered into its registry book and computerized database, and issue certificates of registration/professional licenses that serve as authority to practice.
Section 7 provides that professional licenses/certificates must be signed by all members of the concerned Board and the Chairperson and carry the official seal of the Board and Commission.
Section 7 allows, at the option of the professional, the ministerial issuance of a professional identification card for identification purposes upon payment of the appropriate amount.
Section 7 provides an exclusive rule for marine officers: marine deck and marine engineer officers receive endorsement certificates exclusively by the Commission pursuant to the 1978 and 1995 Standards of Training, Certification and Watchkeeping (STCW) Convention, to the exclusion of any other government agency, notwithstanding Section 1(2) of Executive Order No. 149, Series of 1999 and contrary provisions of other laws or issuances.
Section 7 provides that once a certificate of registration/professional license (or certificate of competency for marine deck and engine officers) is issued, it cannot be withdrawn, cancelled, revoked, or suspended except for just cause provided by law after due notice and hearing.
Section 7 gives the Commission custody of records of Boards, including examination papers, minutes of deliberation, records of administrative cases and investigations, and examination results for control and disposition.
Section 7 authorizes the Commission to determine and fix fees to be charged and collected for examination, registration (including registration without examination), professional identification card, certification, docket, appeal, replacement, accreditation, including surcharges and other fees not specified under Republic Act No. 465 as amended by Republic Act No. 6511, or to charge and collect reasonable fees at rates higher than those provided thereunder subject to approval by the Office of the President.
Section 7 authorizes appointment of officials and employees necessary for effective performance subject to Civil Service laws, fixing of compensation subject to Republic Act No. 6758, assignment and reassignment of personnel as exigency of service requires, and reorganization/creation or abolition of positions subject to a staffing pattern approved by the Office of the President upon recommendation of the DBM, while protecting incumbents’ employment status and preventing reduction of ranks/salaries or separation.
Section 7 requires the Commission to submit and recommend to the President nominees for membership in Professional Regulatory Boards from among those nominated to fill vacancies under Executive Order No. 496, Series of 1991.
Section 7 authorizes, upon recommendation of the concerned Professional Regulatory Board, registration and authorization to issue certificates of registration/license and professional identification cards (with or without examination) to foreigners whose home-state certificates of registration have not been suspended or revoked, provided requirements are substantially the same as those in the Philippines and reciprocity exists as to practice privileges.
Section 7 further authorizes issuance of registration/license or a special temporary permit for foreign professionals under reciprocity and other international agreements; consultants in foreign-funded, joint venture, or foreign-assisted government projects; employees of Philippine or foreign private firms or institutions pursuant to law; and health professionals on humanitarian missions for a limited period.
Section 7 requires that agencies, organizations, or individuals securing services of a foreign professional authorized to practice in the Philippines for these reasons must be responsible for securing a special permit from the Commission and the Department of Labor and Employment (DOLE) pursuant to PRC and DOLE rules.
Section 7 authorizes officers of the Commission to administer oaths.
Section 7 authorizes supervision of foreign nationals authorized to practice, ensuring strict compliance with terms and conditions of practice and employment; requiring government agencies or private entities/institutions to secure temporary special permits from the concerned Board subject to Commission approval; and requiring filing of criminal complaints against liable heads/officers when a professional is hired and allowed to practice without permit.
Section 7 authorizes filing, upon due process request, for deportation with the Bureau of Immigration and Deportation (BID).
Section 7 authorizes supervision of former Philippine citizens who were registered and issued certificates and identification cards prior to naturalization as foreign citizens, allowing them to practice during visits, sojourn, or permanent residence only after issuance of a special permit and updated professional identification card by the Board concerned subject to Commission approval and after payment of permit and annual registration fees.
Section 7 requires the Commission to monitor school performance in licensure examinations and publish results in a newspaper of national circulation.
Section 7 requires the Commission to adopt and institute a comprehensive rating system for universities, colleges, and training institutes based on passing ratio and overall performance.
Section 7 grants authority for administrative supervision over Professional Regulatory Boards and their members; adoption and promulgation of rules and regulations to effectively implement policies on regulation and practice.
Section 7 directs implementation of full computerization of all licensure examinations, including registration of professionals not later than the year 2003, and other operations of the Commission.
Section 7 authorizes investigation and decision of administrative matters involving Commission officers and employees.
Section 7 authorizes investigation motu proprio or upon verified complaint against members of Professional Regulatory Boards for neglect of duty; incompetence; unprofessional, unethical, immoral, or dishonorable conduct; or irregularities in licensure examinations that taint or impugn integrity and authenticity; and if found guilty, to revoke or suspend certificates and licenses/identification cards and to recommend to the President their suspension or removal.
Section 7 authorizes issuance of summons, subpoenas, and subpoena duces tecum in investigations involving Commission officers/employees and Board members.
Section 7 authorizes holding an erring party or person in contempt only upon application with a court of competent jurisdiction.
Section 7 empowers the Commission to request assistance or coordination from government departments and local government units to carry out and enforce professional regulatory policies and programs.
Section 7 requires initiating investigations upon verified complaint by an aggrieved party into unauthorized practice by any person (private individual or professional; local or foreign) without lawful authorization; without registration and license and issuance of proper license/identification or temporary/special permit; or through commission of prohibited acts that are criminal in the professional regulatory laws.
Section 7 authorizes forwarding evidence records to the city or provincial prosecutor for filing of corresponding information in court by the lawyers of the legal services of the Commission who prosecute upon deputization by the Secretary of Justice.
Section 7 requires an annual report of accomplishments and recommendations on issues affecting the Commission, Professional Regulatory Boards, and professions under jurisdiction.
Section 7 authorizes performance of other functions and duties necessary to carry out the Act and professional regulatory laws and related issuances.

Regional offices and board functions

Section 8 authorizes the Commission to create regional offices as necessary to carry out mandated functions.
Section 9 provides that Professional Regulatory Boards retain powers and functions including:
- Regulating professional practice under their professional regulatory laws.
- Monitoring conditions affecting practice and adopting measures to enhance the profession and maintain high ethical and technical standards, including ocular inspections in specified facilities and establishments, and coordination with CHED for schools.
- Hearing and investigating violations of their laws, rules, and Codes of Ethics, including issuance of summons, subpoena, and subpoena duces tecum.
- Making decisions final and executory after fifteen (15) days from receipt of notice of judgment or decision if not appealed to the Commission.
- Delegating hearing/investigation of administrative cases except where issues strictly concern practice of the profession, in which case at least one Board member presides assisted by a Legal or Hearing Officer of the Commission.
- Conducting summary proceedings on minor violations through Legal Officers, issuing summary judgment that becomes final and executory after fifteen (15) days from receipt of notice if not appealed.
- Recommending registration without examination and issuance of corresponding certificate of registration and professional identification card subject to final approval by the Commission.
- Suspending, revoking, or reissuing licenses after due process for causes provided by law.
- Preparing syllabi/tables of specifications, determining and preparing examination questions strictly within the syllabus scope, scoring and rating examination papers, and submitting results to the Commission within ten (10) days from the last day of examination unless extended for justifiable causes.
- Determining appropriate passing general average rating if not provided in the law regulating the profession, subject to Commission approval.
- Preparing annual reports of accomplishments for submission to the Commission after each calendar year.

Board compensation and examination governance

Section 10 provides that Board members’ compensation must be at least, two salary grades lower than the salary grade of the Commissioners.
Section 10 provides that the Chairperson of the Regulatory Board receives monthly compensation of two steps higher than Board members.
Section 10 provides that Board members are entitled to other allowances and benefits provided under existing laws.
Section 11 provides that licensure examination subjects must be taught by persons holding valid certificates of registration and valid professional licenses and complying with other CHED requirements.
Section 12 requires law enforcement agencies, upon call or request of the Commission or a Professional Regulatory Board, to render assistance in enforcing regulatory laws by prosecuting violators in accordance with law and rules of court.

Appropriations, income use, and penalties

Section 13 provides that initial implementation costs are charged against the current year’s appropriations of the Commission; subsequent sums are included in succeeding General Appropriations Acts.
Section 14 authorizes the Commission to use its income not exceeding PHP 45,000,000 a year for five (5) years after the effectivity of the Act, for full computerization implementation, subject to usual accounting and auditing requirements.
Section 15 imposes criminal penalties for examination corruption and manipulation; upon conviction, a person who manipulates or rigs licensure examination results, secretly informs or makes known exam questions prior to the exam, or tampers with grades is punished by imprisonment of not less than six (6) years and one (1) day to not more than twelve (12) years, or a fine of not less than PHP 50,000 to not more than PHP 100,000, or both, at the discretion of the court.
Section 15 provides that if the offender is an officer or employee of the Commission or a member of the regulatory board, the offender is removed from office and suffers perpetual absolute disqualification from public office in addition to the penalties.
Section 15 provides accomplice liability: imprisonment of four (4) years and one (1) day to six (6) years, or a fine of PHP 20,000 to PHP 49,000, or both, at the discretion of the court.
Section 15 provides accessory liability: imprisonment of two (2) years and one (1) day to four (4) years, or a fine of PHP 5,000 to PHP 19,000, or both, at the discretion of the court.
Section 16 imposes penalties for violations of Section 7, subparagraph (l) by heads of government agencies or officers of private entities/institutions: imprisonment of not less than six (6) months and one (1) day to not more than six (6) years, or a fine of not less than PHP 50,000 to not more than PHP 500,000, or both, at the discretion of the court.

Implementing rules, transitory, and repeal

Section 17 requires the Commission, together with representatives of various Professional Regulatory Boards and accredited professional organizations, the DBM, and CHED, to prepare and promulgate implementing rules and regulations within ninety (90) days after approval of the Act.
Section 18 provides transitory placement: the incumbent Commissioner and two (2) incumbent Associate Commissioners serve as Chairperson and Commissioners, respectively, under their existing terms without need of new appointments.
Section 18 provides transitory continuity: the incumbent Executive Director serves as Assistant Commissioner without need of new appointment.
Section 19 contains a separability clause: invalidity of any provision or its application does not affect the remainder of the Act.
Section 20 repeals Republic Act No. 546, Presidential Decree No. 223, as amended by Presidential Decree No. 657, Republic Act No. 5181, and Executive Order No. 266 (Series of 1995).
Section 20 repeals provisions insofar as they require completion of the Continuing Professional Education (CPE) as a condition for license renewal under Section 23(h) of Republic Act No. 7836, Section 4(m & s) and Section 23 of Republic Act No. 7920, and Section 29 of Republic Act No. 8050.
Section 20 repeals all other laws, orders, rules, regulations, resolutions, and parts inconsistent with the Act, or amends them accordingly.