Key definitions and terms
- Section 4(a) defines APO as the Accredited Professional Organization of criminologists, integrated national organization recognized and accredited by the Professional Regulatory Board for Criminologists (the Board) subject to approval of the Professional Regulation Commission (PRC) created under Republic Act No. 8981.
- Section 4(b) defines Board as the Professional Regulatory Board for Criminologists created under the Act.
- Section 4(c) defines CHED as the Commission on Higher Education created under Republic Act No. 7722, assisted by the Criminology Technical Panel composed of the president of the APO, chairperson of the Board, one (1) from the academe, and two (2) from law enforcement agencies.
- Section 4(d) defines Commission as the Professional Regulation Commission (PRC) created under Republic Act No. 8981.
- Section 4(e) defines Criminology as the scientific study of crimes, criminals, and victims, including prevention and solution of crimes.
- Section 4(f) defines Profession as the art and science in the practice of the criminology discipline.
- Section 4(g) defines Registered criminologist as a natural person holding a valid certificate of registration and an updated professional identification card issued by the Board and the Commission pursuant to the Act.
Scope of criminology practice
- Section 5 states that the practice of criminology includes acts performed in: law enforcement administrator, executive, adviser, consultant, officer, investigator, agent, or employee roles in private or government agencies performing law enforcement and quasi-police functions.
- Section 5 includes such practice within enumerated Philippine agencies and entities, including the PNP, NBI, PDEA, BFP, BJMP, Provincial Jail, BUCOR, PPA, BIR, BoC, BSP, other government and private banks, PPC, Sea and Air Marshalls, VIP Security, Airport and Seaport Police, NICA, ISAFP, and other intelligence or similar government agencies exercising comparable functions.
- Section 5 includes teaching in recognized criminology program subjects, namely: Criminal Jurisprudence and Procedure; Criminalistics; Law Enforcement Administration; Crime Detection and Investigation; Correctional Administration; and Criminal Sociology and Ethics, and other technical and specialized subjects in the curriculum provided by CHED.
- Section 5 includes work as a technician, examiner/criminalist, or specialist in dactyloscopy, questioned document, DNA, lie detection, firearms identification, forensic photography, forensic chemistry, and other scientific crime detection and investigation.
- Section 5 includes correctional administration and related roles in rehabilitation, correctional, penal institutions, community-based corrections, and rehabilitation agencies and programs.
- Section 5 includes counseling, consulting, advising, or research roles in government or private agencies on criminological research or projects involving causes of crime, children in conflict with the law, treatment of offenders, police operations, law enforcement administration, scientific criminal investigation, or public safety and national security administration.
- Section 5 includes private investigation and detective services in private security and investigation agencies organized under Philippine laws.
- Section 5 allows the Board, in consultation with the APO and subject to approval of the Commission, to revise, exclude from, or add to the enumerated acts or activities to conform with latest trends in the practice of criminology.
Board creation, qualifications, powers
- Section 6 creates a Professional Regulatory Board for Criminologists as a collegial body under the administrative supervision and control of the Commission, composed of a Chairperson and four (4) members appointed by the President of the Philippines.
- Section 6 requires that appointments be chosen and ranked by the Commission from a list of three (3) nominees for each position, with each list endorsed by the APO, and each position comes from a list of three (3) recommendations for each position.
- Section 6 requires organization of the new Board not later than six (6) months from the effectivity of the Act.
- Section 7 requires the Chairperson and each member to be a natural-born Filipino citizen and resident of the Philippines, of good moral character, good reputation, and sound mind and body.
- Section 7 disqualifies for appointment those convicted of any offense involving moral turpitude, and requires educational qualification: Bachelor of Science in Criminology plus a Post-Graduate Degree in Criminology or a lawyer in a reputable school recognized by CHED.
- Section 7 requires Board members to be registered criminologists with a valid certificate of registration and valid professional identification card, with at least ten (10) years of practice, including no less than two (2) years teaching experience of criminology or law subjects in full-time or part-time capacity in a CHED-recognized college of criminology or college of law.
- Section 7 requires good standing membership in the APO, but not as an officer or trustee, and prohibits membership in faculty of schools offering regular criminology class or review course, staff of reviewers in a review school/center, and direct or indirect pecuniary interest in such institutions.
- Section 8 sets Board term at three (3) years from date of appointment or until successors are qualified and appointed.
- Section 8 limits reappointment to another term of three (3) years immediately after expiry, but holding office shall not be more than two (2) terms nor more than six (6) years, whichever is longer.
- Section 8 establishes initial staggered terms: Chairperson three (3) years, first two (2) members two (2) years, and second two (2) members one (1) year; appointees to a vacancy serve only the unexpired period; the Chairperson and members must take an oath of office.
- Section 9 provides compensation comparable to other Professional Regulatory Boards under the Commission as provided in Section 10 of Republic Act No. 8981 and other existing laws.
- Section 10 vests the Board with executive, administrative, rule-making and quasi-judicial powers and specifically empowers the Board to:
- Administer, supervise, and monitor licensure examination conduct, registration, APO membership, and criminology practice (Section 10(a)).
- Receive complaints and decide matters on malpractices and unethical conduct (Section 10(b)).
- Promulgate implementing rules and regulations (Section 10(c)).
- Promulgate and adopt a Code of Ethics and Code of Good Governance (Section 10(d)).
- Adopt an official seal (Section 10(e)).
- Prescribe and promulgate guidelines on conduct of a CPD program, in consultation with the APO (Section 10(f)).
- Promulgate/adopt/amend licensure exam syllabi and tables of specifications, consult with APO, academe, and the CHED Technical Panel for Criminology, prepare exam questions strictly within syllabi scope, administer/correct/release results (Section 10(g)).
- Issue, suspend, revoke, reinstate certificates of registration, and cancel temporary/special permits granted to foreign criminologists (Section 10(h)).
- Administer oaths (including professional oaths with APO during mass oath-taking) (Section 10(i)).
- Monitor conditions affecting practice; conduct ocular inspections (when authorized by the Commission) and recommend sanctions to the appropriate government agency (Section 10(j)).
- Monitor colleges/universities offering criminology and recommend sanctions to CHED or authorized offices for noncompliance with faculty qualifications, labs, libraries, facilities/equipment, research outputs, curriculum, and administration (Section 10(k)).
- Hear and investigate violations of the Act, IRR, codes, and policies; issue summons, subpoena ad testificandum, and subpoena duces tecum to compel attendance and production of documents (Section 10(l)).
- Delegate hearings/investigations to the Commission, except that cases strictly involving technical practice must be presided over by at least one (1) Board member assisted by a Legal or Hearing Officer of the Commission (Section 10(m)).
- Recommend endorsement to the Commission of cases involving criminal violations to the prosecution office or appropriate government agency (Section 10(n)).
- Disqualify licensure applicants previously convicted of crimes involving moral turpitude; hear and decide administrative cases against examinees/registered criminologists convicted of moral turpitude crimes, with authority to cancel examination papers/preclude future exam attempts or revoke/suspend certificates and cause surrender of professional identification cards, subject to PRC rules.
- Make decisions final and executory unless appealed to the Commission, after fifteen (15) days from receipt of notice of judgment/decision (Section 10(o)).
- Conduct through legal/hearing officers summary proceedings for examinees who commit violations of the Act, IRR, Codes, or the General Instructions to Examinees, and render summary judgment final and executory after fifteen (15) days from receipt of notice of judgment/decision unless appealed (Section 10(p)).
- Submit an annual report of accomplishments for submission to the Commission after close of each calendar year and recommend issues/problems affecting the profession (Section 10(q)).
- Exercise other powers provided by law and implied/incidental/necessary to carry out express powers, and require that the Board’s resolutions/rules/policies be subject to Commission review and approval; Board administrative-case decisions/orders are subject to review only if appealed (Section 10(r)).
- Section 11 allows removal or suspension of the Board Chairperson or member by the President upon the Commission’s recommendation after due process and administrative investigation, on grounds including:
- Gross neglect, incompetence or dishonesty (Section 11(a)),
- Commission of causes/grounds and prohibited acts under the Act and offenses under the Revised Penal Code, Anti-Graft and Corrupt Practices Act, and other laws (Section 11(b)),
- Manipulation/rigging exam results, disclosure of secret/confidential exam questions before conduct, or tampering of grades (Section 11(c)),
- Final conviction of a crime involving moral turpitude (Section 11(d)),
- and the Commission’s investigation guidance includes Section 7(s) of Republic Act No. 8981, Commission rules, and the New Rules of Court (Section 11).
- Section 12 places the Board under the Commission’s administrative supervision, requires the Commission to keep Board records (applications, exam papers/results, minutes, administrative cases), and requires designation of a Secretary of the Board and support services to implement the Act.
Licensure examination and applicant requirements
- Section 13 requires applicants for registration to pass a licensure examination except when the Act specifically allows otherwise, in places and dates designated by the Commission in the resolution on Master Schedules under Section 7(d) of Republic Act No. 8981.
- Section 14 requires applicants to prove:
- Philippine citizenship or foreign citizenship from a state/country with reciprocity in criminology practice (Section 14(a));
- good moral character, good reputation, and sound mind/body certified by the graduating school and the barangay where the applicant lives, except that for foreign nationals, certification by a professional of good standing suffices (Section 14(b));
- a bachelor’s degree in criminology duly accredited by CHED and conferred by a government-authorized school/college/university, or the equivalent obtained in a foreign country/state and recognized/accredited by CHED (Section 14(c));
- no conviction of an offense involving moral turpitude (Section 14(d));
- for those failing five (5) times (consecutive or cumulative) in the criminologist licensure examination, presentation of a CHED-recognized refresher course certification issued by a reputable institution (Section 14(e)).
- Section 15 provides the licensure exam includes, but is not limited to, the following subjects with corresponding weights:
- Criminal Jurisprudence and Procedure (Criminal Law Book I; Book II; Related Special Penal Laws; Criminal Procedure; Evidence; Court Testimony) — 20% (Section 15(a)).
- Law Enforcement Administration (Police Organization and Administration; Police Planning; Police Patrol Operations; Police Communication System; Police Intelligence; Police Personnel and Records Management; Comparative Police Systems; Industrial Security Management) — 20% (Section 15(b)).
- Crime Detection and Investigation (Fundamentals of Criminal Investigation; Special Crime, Organized Crime Investigation; Fire Technology and Arson Investigation; Traffic Management and Accident Investigation; Drug Education and Investigation; Vice Control) — 15% (Section 15(c)).
- Criminalistics (Forensic Photography; Personal Identification; Forensic Medicine; Polygraphy; Examination; Forensic Ballistics; Questioned Documents) — 20% (Section 15(d)).
- Correctional Administration (Institutional Corrections; Non-Institutional Corrections) — 10% (Section 15(e)).
- Criminal Sociology (Introduction to Criminology and Psychology of Crimes; Philippine Criminal Justice System; Ethics and Values; Juvenile Delinquency and Crime Prevention; Human Behavior and Crisis Management; Criminological Research and Statistics) — 15% (Section 15(f)).
- Section 15 allows the Board (consulting with APO and academe and subject to Commission approval) to revise/exclude subjects or add new ones as needed to conform with technological changes and developing trends, and allows revision/changes if CHED changes the curriculum for the Bachelor of Science in Criminology; the Board may give practical and field examinations in its discretion (Section 15).
- Section 16 requires that all licensure exam subjects be taught by a registered criminologist holding a valid certificate of registration and updated professional identification card, with APO membership and required CPD earned units, meeting other CHED requirements; allied fields may teach as deemed proper (Section 16).
- Section 17 sets passing standards:
- A candidate passes with a weighted average rating of seventy-five percent (75%) with no grade less than sixty percent (60%) in any subject (Section 17).
- If weighted average is 75% but any subject grade is below 60%, the result is deferred and the candidate must retake the particular subject(s) (Section 17).
- Deferred candidates are allowed to retake once within two (2) years from the exam date and must obtain at least eighty percent (80%) to pass that subject(s) (Section 17).
- If the examinee fails to retake within two (2) years or fails to get 80%, the examinee must retake all board subjects (Section 17).
- Any examinee who fails three (3) or more board subjects is deemed to have failed the board examination (Section 17).
- Section 18 requires the Board to submit candidate ratings to the Commission not later than ten (10) days after the last day of the examination, unless extended for a valid cause.
- Section 19 requires successful candidates to take the oath of profession in person before the Board (or its members) with the APO in an oath-taking ceremony; authorized persons administering oaths must be APO members prior to entering the profession practice.
- Section 20 governs registration and identification cards:
- Certificate of registration is issued to those who register subject to payment of fees prescribed by the Commission, bearing signatures of the Chairperson and Commissioners of the Commission and the Chairperson and members of the Board, and official seals of the Commission and Board certifying entitlement to practice; it remains in force until withdrawn, suspended, or revoked under the Act (Section 20).
- Professional identification card is issued upon payment of prescribed fee, signed by the Chairperson of the Commission, showing registration number and date, validity and expiry; it is reissued every three (3) years upon payment of prescribed fees, completion of CPD prescribed units, and certification by the APO as active member (Section 20).
Refusal, discipline, and registration effects
- Section 21 requires the Board not to register any successful applicant for registration if the applicant has:
- been convicted with finality of a crime involving moral turpitude (Section 21(a)),
- been found guilty of immoral or dishonorable conduct by the Board (Section 21(b)),
- been summarily adjudged guilty for violation of General Instruction to Examinees by the Board (Section 21(c)),
- been declared of unsound mind by a court of competent jurisdiction (Section 21(d)).
- Section 21 requires that refusal of registration be accompanied by a written statement of reasons and filing of a copy in the Board’s records.
- Section 22 authorizes the Board, upon notice and hearing, to revoke or suspend the certificate of registration of a registered criminologist or cancel a temporary/special permit granted to foreign criminologist for acts including:
- violation of the Act, IRR, Code of Ethics, Code of Good Governance, or Board and/or Commission policy (Section 22(a)),
- conviction with finality of a crime involving moral turpitude (Section 22(b)),
- fraud in obtaining the certificate/ID/permit (Section 22(c)),
- gross incompetence, negligence or ignorance resulting in death or injury or damage to property (Section 22(d)),
- nonrenewal of the professional identification card for a period of six (6) years with the PRC without justifiable cause (Section 22(e)),
- aiding/abetting illegal practice of a non-registered criminologist by allowing use of one’s certificate/ID/permit (Section 22(f)),
- illegally practicing during suspension (Section 22(g)),
- addiction to drugs or alcohol impairing ability to practice, or a court declaration of unsound mind (Section 22(h)),
- noncompliance with CPD and APO requirements for renewal unless exempted (Section 22(i)).
- Section 22 requires that the Board periodically evaluate the grounds and revise/exclude/add new ones subject to Commission approval.
- Section 22 allows any person, firm, or association to file charges; requires that an affidavit-complaint be filed with affidavits of witnesses and documentary evidence with the Board through the Legal and Investigation Office.
- Section 22 allows investigations motu proprio by a formal charge signed by at least a majority of Board members and states that Commission administrative investigation rules govern the hearing/investigation subject to the Act, Republic Act No. 8981, and Rules of Court.
- Section 23 provides that the Board may reinstate or reissue a revoked certificate of registration upon a verified petition after two (2) years from effectivity of the revocation period (which is the date of surrender of the certificate and/or professional identification card if still valid to the Board and/or Commission).
- Section 23 requires the petitioner to prove valid reasons to practice anew; the Board grants relief through a Board resolution subject to Commission approval.
- Section 23 allows reissuance of lost certificates/IDs/temporary/special permits under rules thereon and upon payment of prescribed fees.
- Section 24 requires suspension of a registered criminologist from practice (whether in government service or by using the license as eligibility for promotion in government service or private sector) for nonpayment of registration fees for two (2) consecutive registration periods from the last or previous year of payment; other surcharges are determined and charged by the Commission.
- Section 25 provides that the professional identification card may be renewed only upon completion of the prescribed minimum CPD units by the registrant from the APO or any accredited provider authorized by the Commission.
- Section 26 grants automatic registration at the Act’s effectivity to all criminologists already registered, subject to future requirements, and provides that certificates/IDs/temporary/special permits held in good standing have the same force and effect as if issued on or after effectivity.
Practice rights, organization, seals, foreigners
- Section 27 authorizes practice by:
- Natural persons who are duly registered criminologists with valid certificates and valid professional identification cards, or foreign licensed criminologists holding valid temporary/special permits (Section 27(a)),
- Juridical persons including single proprietorships with owner and technical staff registered criminologists; SEC-registered professional partnerships with partners majority registered criminologists; SEC-registered corporations engaged in criminology with officers and directors all registered criminologists; and non-stock corporations/associations/cooperatives registered with appropriate government agencies with majority of officers, Board of Trustees, and members registered criminologists (Section 27(b)).
- Section 27 requires juridical persons to be registered with the Board and the Commission under the rules and regulations.
- Section 28 requires a seal exclusively and legitimately used by criminology practitioners, distributed by the Board through the APO.
- Section 29 bars foreigners from taking the licensure examination, registering, receiving certificate/ID, and practicing criminology in the Philippines unless foreign requirements and practice privileges are substantially the same and foreign laws allow Philippine citizens to practice on the same basis and grant same privileges.
- Section 30 allows issuance of temporary/special permits (subject to Commission approval and payment of fees prescribed by the Commission) to foreign-registered criminologists for:
- internationally known criminologists/experts urgently required due to local inadequacy or for promotion/advancement through transfer of technology (Section 30(a)),
- services free and limited to indigent patients in a particular hospital/center/clinic (Section 30(b)),
- exchange professors in criminology branches/specialties/allied fields in schools/colleges/universities offering criminology (Section 30(c)).
- Section 30 requires permits to include limitations and conditions for a period not more than one (1) year, renewable, and the specified branch/specialty and specific place of practice; the Board must promulgate rules and regulations for implementation.
- Section 31 requires practitioners to indicate on documents they sign/use/issue in connection with practice the certificate of registration number and date, expiry of current professional identification card, professional tax receipt number and date, and APO membership number and date with official receipt number and date of membership payment (annual/lifetime).
- Section 32 requires the Board to prepare and maintain a roster of all registered criminologists showing names and residence and/or office address, updated annually in cooperation with the APO showing status of certificate, identification card, and APO membership; the roster must be made available to any party deemed necessary.
- Section 33 requires integration of registered criminologists into one (1) national organization registered with the SEC; the Board accredits it as the one and only integrated/accredited national organization subject to continuing accreditation compliance with Commission periodic requirements and standards.
- Section 33 provides that criminologists whose names appear in the Registry Book automatically become members of the organization ipso facto, receive benefits and privileges upon payment of APO membership fees and dues, and membership in affiliate organizations is not barred.
Employment and appointment privileges
- Section 34 exempts registered criminologists from taking any other entrance or qualifying government or civil service examinations and makes them civil service eligible to enumerated positions, including: Dactylographer; Ballistician; Questioned Document Examiner; Forensic Photographer; Polygraph Examiner; Probation Officer; Parole Officer; Special Investigator; Special Agent; Investigative Agent; Intelligence Agent; Law Enforcement Evaluation Officer; NAPOLCOM Inspector; Traffic Operation Officer; Associate Graft Investigation Officer; Special Police Officer; Safekeeping Officer; Sheriff; Security Officer; Criminal Investigator; Warden; Reformation Officer; Firefighter; Fire Marshall; Jail Officer up to Jail Superintendent; Police Officer up to Police Superintendent and other law enforcement agencies within the Criminal Justice System.
- Section 35 grants priority of appointment and prohibits qualifying or entrance examinations for registered criminologists for positions in numerous government entities and offices, including the PNP, NBI, BJMP, BFP, LTO, and other criminology/police/law-enforcement-related positions, and enumerated agencies such as the DOJ, CHR, Office of the Ombudsman, PPA, COMELEC, BoT, PAGCOR, DENR, DOT, DTI, AFP, BI, BoC, DOTr, ATO, CAAP, BSP, BIR, CHED, city/municipal security offices, provincial jail and security offices, MMDA, Supreme Court and lower courts, Social Security System, NAPOLCOM, ARMM, Optical Media Board, Intellectual Property Rights Office, PDEA, PAO, PPC, and government-owned and -controlled corporations and other government agencies with criminology-practice positions.
- Section 36 provides that registered criminologists not in government service are eligible and given preference for lateral entry appointments as Police, Fire, and Jail Inspectors or its equivalent in PDEA, NBI, and other law enforcement agencies, if they possess general qualifications for appointment under existing laws for police officers (including for PNP, BJMP, BFP, PDEA, or NBI).
- Section 36 grants preference for lateral entry to those already in police/fire/jail service as non-commissioned officers who are already registered and licensed criminologists.
Penal clause, enforcement, IRR, transitions
- Section 37 imposes a penalty of a fine of not less than PHP 100,000.00 nor more than PHP 500,000.00, or imprisonment of not less than two (2) years and one (1) day nor more than six (6) years, or both, at the discretion of the court, on any person who commits any of the following acts:
- practices criminology without a valid certificate of registration and valid professional identification card or a valid temporary/special permit (Section 37(a)),
- attempts to use the seal, certificate of registration, and professional identification card of a registered criminologist or temporary/s