Title
Ban on copying and possession of licensure exams
Law
Prc No. 2008-462, S. Of 2008
Decision Date
Aug 1, 2008
The Professional Regulation Commission prohibits the unauthorized reproduction, distribution, and possession of test booklets and questionnaires from licensure examinations, enforcing strict penalties against violators to protect the integrity of the examination process.
A

Ownership and Handling of Test Materials

  • Test booklets and questionnaires used in licensure examinations are the property of the Professional Regulatory Boards conducting the exams.
  • According to PRC and Board guidelines, used test materials are to be destroyed after each licensure examination.

Prohibition on Unauthorized Reproduction and Possession

  • Unauthorized reproduction, copying, possession, distribution, or sale of test booklets or questionnaires used in licensure exams is strictly prohibited.
  • These materials are often taken without consent, reproduced by unscrupulous individuals or entities, and sold or distributed as review materials.

Legal Basis for Prohibition

  • The taking of test booklets without consent constitutes theft (asportation or thievery).
  • Possession of such materials is considered illegal since they are derived from theft.

Enforcement and Penalties

  • The PRC calls upon the National Bureau of Investigation (NBI), Philippine National Police (PNP), Local Government Units, and other law enforcement agencies to apprehend and prosecute violators.
  • Violations may be charged under the Revised Penal Code, Presidential Decree No. 1612 (Anti-Fencing Law), and when applicable, Republic Act No. 8293 (Intellectual Property Code).

Effectivity and Amendments

  • This resolution supersedes any inconsistent issuances.
  • It takes effect fifteen days after publication in a newspaper of general circulation.

Summary of Key Provisions

  • Absolute prohibition on unauthorized possession, reproduction, sale, and distribution of licensure exam materials.
  • Affirmation of test materials as property of regulatory boards.
  • Mandate for destruction of used test materials post-examinations to prevent misuse.
  • Collaboration with law enforcement agencies for strict enforcement and prosecution of offenses.
  • Legal consequences tied to theft, anti-fencing, and intellectual property laws.

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