Law Summary
Short Title and Declaration of Policy
- Legal Principle/Provision: This resolution is officially titled the "Rules and Regulations of the Guidance and Counseling Act of 2004" (RR of R.A. No. 9258).
- Key Definitions:
- Guidance and Counseling: Integrated profession aimed at individual development through various supportive functions.
- Counseling: A face-to-face helping relationship, typically synonymous with guidance.
- Guidance Counselor: A registered individual authorized to practice guidance and counseling.
- Important Requirements:
- The State aims to ensure professional, ethical, and effective guidance services.
- Key Points:
- Highlights the importance of licensed Guidance Counselors in national development.
- Emphasizes the need for continuous professional development.
Creation of the Professional Regulatory Board
- Legal Principle/Provision: Establishment of the Professional Regulatory Board of Guidance and Counseling (the Board) under the Professional Regulation Commission (PRC).
- Key Definitions:
- Board: Professional Regulatory Board created to oversee guidance and counseling practices.
- Commission: Refers to the Professional Regulation Commission.
- Important Requirements:
- The Board consists of a Chairman and two Members, appointed by the President.
- Key Points:
- The Board supervises and regulates the practice of Guidance and Counseling.
- Members must have qualifications, including good moral character and experience.
Powers and Responsibilities of the Board
- Legal Principle/Provision: The Board holds specific powers for regulating the profession.
- Key Responsibilities:
- Supervision of guidance and counseling practice.
- Evaluation of applicants for registration and licensure.
- Issuance of examination questions and registration certificates.
- Monitoring compliance with educational standards.
- Key Points:
- Board decisions are subject to review by the Commission.
- The Board can investigate violations and issue penalties.
Examination, Registration, and Licensure
- Legal Principle/Provision: Establishment of requirements for licensure examinations.
- Key Definitions:
- Licensure Examination: Required test for all applicants wishing to register as Guidance Counselors.
- Important Requirements:
- Candidates must apply 20 days before the exam date.
- Must provide documentation including transcripts and clearance certificates.
- Timeframes:
- Examination results reported within 10 days post-exam.
- Candidates must achieve a minimum weighted average of 75%.
- Key Points:
- Certificates of Registration issued upon passing the examination or through qualification without examination for specific individuals.
Practice of Guidance and Counseling
- Legal Principle/Provision: Restrictions on practicing guidance and counseling without proper credentials.
- Key Prohibitions:
- No practice without a valid Certificate of Registration.
- Representation as a licensed counselor during suspension is prohibited.
- Key Points:
- Corporations or partnerships must secure permits to operate in this field.
- Ethical practices are mandated under the Code of Ethics.
Penalties and Violations
- Legal Principle/Provision: Establishment of penalties for violations of the act.
- Key Penalties:
- Imprisonment of 6 months to 8 years or fines ranging from P50,000 to P100,000 for fraudulent actions.
- Key Points:
- Violators include those acquiring licenses fraudulently or practicing unethically.
General Provisions
- Legal Principle/Provision: Administrative and funding provisions related to the implementation of R.A. No. 9258.
- Key Points:
- Funding for implementation to be included in the General Appropriation Act.
- Law enforcement agencies may assist in enforcement.
- The resolution takes effect 15 days post-publication.
Key Takeaways
- The RR of R.A. No. 9258 establishes a regulatory framework for guidance and counseling in the Philippines.
- Emphasis on ethical practice and professional standards is paramount.
- A structured process for examination and registration ensures qualified practitioners.
- Violations attract significant penalties, highlighting the importance of compliance.
- Continuous professional development is encouraged to maintain high standards in the profession.