Law Summary
Interpretation and Nature of Investigations
- Liberally construed to ensure a just, speedy, and inexpensive resolution.
- Administrative investigations are fact-finding and summary.
- Mainly to determine fitness and qualification of professionals and applicants.
Jurisdiction and Due Process
- Jurisdiction vests upon service of summons with complaint.
- Respondent informed of charges with rights to counsel, speedy and public trial, and to confront witnesses.
Prohibited Pleadings and Delegation of Hearings
- Certain motions (e.g., motion to dismiss except for jurisdiction issues, motions for reconsideration, demurrer to evidence) are disallowed.
- Hearings may be delegated to Commission lawyers who may act as Hearing Officers or Special Prosecutors.
- Disorderly persons may be excluded and cited for contempt.
Role of Board Members and Concurrent Proceedings
- Presence of Board member required in cases involving practice of the profession unless waived.
- Proceedings continue independently of related criminal/civil cases.
Grounds and Penalties
- Administrative cases cover violations under professional regulatory laws and RA No. 8981.
- Penalties include revocation or suspension of certificate/permit, reprimand, cancellation of examination papers, or denial/cancellation of registration.
- Contempt petitions may be filed with Regional Trial Courts.
Filing and Contents of Complaint
- Complaint must be verified or an affidavit, with certification against forum shopping.
- May be filed by any person or initiated motu proprio by the Commission or Board.
- Must clearly specify parties, profession, charges, disciplinary action sought, and documentary evidence.
- Three copies must be filed for each respondent.
Withdrawal and Dismissal of Complaints
- Complaints may be withdrawn before decision unless public interest warrants continued prosecution.
- Grounds for outright dismissal include lack of jurisdiction, no capacity to sue, or no cause of action.
Conciliation Proceedings
- Mandatory for complaints except those involving death, injury, or serious public interest impairment.
- Complaints assigned to conciliator who conducts conference within 5 days.
- Conciliation lasts up to 30 days with parties required to appear.
- Failure to appear may lead to dismissal or docketing for hearing.
- Settlements are formalized and confidential.
Summons and Answers
- Summons issued with complaint requiring answer within 15 days.
- Service by personal delivery, registered mail, or leaving at residence.
- Failure to serve after three attempts results in case archiving.
- Default orders issued if respondent fails to answer timely.
Service of Documents
- Notices, orders, motions, judgments, and pleadings served personally or by registered mail to parties or counsel.
- Filing dates depend on receipt stamping or mail postmark.
Pre-Trial Conference
- Mandatory pre-trial within 30 days of answer receipt.
- Parties must file pre-trial briefs outlining settlement position, issues, witnesses, and exhibits.
- Failure to appear or file briefs has consequences; dismissal or ex-parte evidence presentation.
- Pre-trial order governs subsequent proceedings.
- Summary judgment may be based on position papers.
Trial Procedures
- Evidence and witness presentation with cross and redirect examinations.
- Application of Judicial Affidavit Rule.
- Limit of two postponements; failure to appear waives certain rights.
- Strict adherence to trial schedules.
- Counsel must comply with filing and appearance formalities.
- Subpoenas may be requested and issued for witnesses and documents.
Decision and Reconsideration
- Decision rendered within six months from summons service, 30 days from case submission; 90 days for appeals.
- Decisions signed by majority or all Board members.
- Motion for reconsideration must be filed within 15 days on specific grounds; only one motion allowed.
- Decisions transmitted to parties and counsel.
Appeal Process
- Appeal must be filed within 15 days of decision receipt; non-extendible.
- Payment of appeal and legal research fees required.
- Appeal includes notice, brief, proof of service, and payment receipt.
- Appeals from interlocutory orders or incomplete appeals dismissed.
- Appellee brief required; case deemed submitted for decision.
Execution of Decisions
- Execution after finality of decision.
- Legal and Investigation Division coordinates enforcement.
- Surrender of revoked/suspended certificates and permits required; illegal practice if not surrendered.
Miscellaneous Provisions
- Separability clause for invalid provisions.
- Repeal of previous inconsistent rules.
- Effectivity 15 days after publication.
This comprehensive explanation encompasses key provisions, scope, definitions, procedures, penalties, and critical legal concepts in the revised administrative investigation rules governing the Professional Regulation Commission and the Professional Regulatory Boards.