PRC Rules on Administrative Investigations

Complaints may be against examinees, registered professionals, or Board members
Grounds include immoral/dishonorable conduct, insanity, criminal conviction involving moral turpitude, unethical conduct, incompetence, fraud in licensing, neglect of duty, and examination irregularities
Complaint must be in writing, under oath, or verified complaint
Filing may be by any person, firm, corporation, or motu proprio by PRC or Board
Complaint should state charges distinctly, clearly, and concisely, with sworn witness statements subject to cross-examination

Complaints filed in six copies with PRC
Respondent given 10 days to submit counter-affidavit/verified answer stating if formal investigation is waived or requested
Failure to respond construed as waiver of answer and right to formal investigation
Reply and rejoinder may be required
PRC or Board determines prima facie case within 5 days from last pleading; dismissal if none found

Complainant must pay docket and legal research fees within 10 days or complaint may be dismissed
Case assigned administrative case number
Mandatory preliminary conference to explore settlement and case management

Complainant may withdraw complaint in writing and under oath
Board may still continue prosecution if public interest or profession standards warrant

Summons served within 10 days from docketing
Summons includes letter-subpoena or requirement to answer within 10 days, with complaint and supporting documents attached
Service vests jurisdiction even if respondent leaves the Philippines
Service may be personal, by mail, or if address unknown, by publication
Service on counsel binds the party

Respondent entitled to counsel, speedy/public trial, confrontation and cross-examination of witnesses, and other constitutional rights
Appearance may be personal or through counsel; counsel changes subject to approval
Hearings may be delegated to Legal or Hearing Officers or Special Prosecutors from PRC lawyers

Complainant presents evidence first, then respondent, followed by rebuttal evidence
Written memoranda may be required within 15 days after evidence presentation
Administrative investigation governed primarily by these rules; Rules of Court applied analogously
Technical errors not prejudicing rights do not invalidate proceedings
Disorderly persons may be excluded from hearing

Motions must be in writing and served five days before hearing, except motions for continuance made in presence of adverse party
Proof of service required for motions
Motions for continuance served at least five days before hearing

Complainant's non-appearance may lead to dismissal for lack of prosecution
Respondent's non-appearance may result in declaration of default and decision based on evidence presented

Commission or Board may require written memoranda in lieu of oral testimony
Decision issued within 60 days by majority vote of Board members
Decisions include findings of facts and law and references to ethical or regulatory breaches if applicable

Pendency of criminal, civil, or other administrative cases does not suspend PRC or Board proceedings
PRC or Board proceeds independently and decides without waiting for other case outcomes

Filed within 15 days of decision receipt
Only one motion entertained
Grounds limited to excessive penalty, insufficient evidence, or errors in law or fact affecting substantial rights

Respondent may appeal Board decision within 15 days; decision of Commission is final
Interlocutory orders are not appealable
Complainant may also appeal when allowed by law
Appeal perfected by notice, payment of fees, proof of service within 15 days
Board loses jurisdiction upon perfected appeal
Commission decides appeals within 60 days; unsigned appeals or failure to pay fees may be dismissed