Ban on copying and possession of licensure exams

Republic Act No. 8981 empowers the PRC to administer, implement, and enforce the regulatory policies of the national government for the regulation and licensing of professions under PRC jurisdiction (Section 7).
Republic Act No. 8981 empowers the PRC to administer and conduct licensure examinations in accordance with PRC rules and regulations (Section 7(d)).
Republic Act No. 8981 empowers the PRC to adopt and promulgate rules and regulations necessary to implement policies on the regulation and practice of professions (Section 7(p)).
Republic Act No. 8981 empowers the PRC to call on and coordinate with government agencies, including local government units, to assist in carrying out, enforcing, or implementing professional regulatory policies (Section 7(v)).
The Resolution treats used test booklets and used test questionnaires as property of the Professional Regulatory Boards conducting the licensure examinations under Section 9(h) of Republic Act No. 8981.

The Resolution declares a prohibition against the reproduction, copying, distribution, sale, and/or possession of test materials used in PRC-administered licensure examinations.
The Resolution is grounded on the fact that test booklets and test questionnaires used in licensure examinations are intended to be destroyed after every licensure examination.
The Resolution identifies the unlawful circulation of used test materials as resulting from theft and asportation, and therefore subject to criminal prosecution.
The Resolution characterizes reproduction/copying and possession of used test materials as illegal because such materials are derived from theft.

The Resolution prohibits any person or entity that is not authorized by the PRC from reproducing, copying, and/or possessing test booklets and test questionnaires used in licensure examinations conducted by the Boards and administered by the PRC.
The Resolution prohibits the distribution or sale of the used test booklets and used test questionnaires covered by the Resolution.
The Resolution covers test materials used in licensure examinations administered by the PRC and conducted by the Professional Regulatory Boards.
The Resolution treats ownership and control of these test materials as belonging to the Boards that conduct the licensure examinations (Section 9(h) of Republic Act No. 8981).

Unauthorized persons or entities must not reproduce used test booklets or used test questionnaires from licensure examinations administered by the PRC.
Unauthorized persons or entities must not copy used test booklets or used test questionnaires from licensure examinations administered by the PRC.
Unauthorized persons or entities must not possess used test booklets or used test questionnaires from licensure examinations administered by the PRC.
No person or entity may distribute used test booklets or used test questionnaires.
No person or entity may sell used test booklets or used test questionnaires.

The PRC calls on the National Bureau of Investigation (NBI) and the Philippine National Police (PNP) to apprehend and prosecute persons or entities violating the Resolution.
The PRC calls on all Local Government Units (LGUs) and any other law enforcement agency to assist in apprehending and prosecuting violators of the Resolution.
Violations are to be prosecuted in accordance with the Revised Penal Code.
Violations are to be prosecuted in accordance with Presidential Decree No. 1612 (Anti-Fencing Law).
When applicable, violations are to be prosecuted in accordance with Republic Act No. 8293 (Intellectual Property Code of the Philippines).

Any issuances that are inconsistent with PRC Resolution No. 2008-462 are amended or modified accordingly.