Philippine Criminology Profession Act 2018

Policy, objectives, and governing coverage

The State recognizes the importance of the criminology profession in national security, public safety, peace and order, and nation-building and development (Section 2).
The State shall develop and nurture criminologists whose standards of professional practice and service are excellent, qualitative, world-class and globally competitive through sacred, honest, effective and credible licensure examinations, coupled with programs and activities that promote professional growth and development (Section 2).
The Act governs (a) the examination, registration, and licensure for criminologists; (b) supervision, control, and regulation of the practice of criminology; (c) standardization and regulation of criminology education; (d) development of professional competence through Continuing Professional Development (CPD); and (e) integration of criminology professional groups and membership of registered criminologists to the accredited professional organization (Section 3).

Key definitions and recognized institutions

“APO” refers to the Accredited Professional Organization of criminologists and is the one and only recognized and accredited integrated national organization of criminologists, subject to approval by the Professional Regulation Commission (PRC) under Republic Act No. 8981 (Section 4(a)).
“Board” refers to the Professional Regulatory Board for Criminologists created under the Act (Section 4(b)).
“CHED” refers to the Commission on Higher Education under Republic Act No. 7722 and includes a Criminology Technical Panel composed of the president of the APO, Chairperson of the Board, one (1) representative from the academe, and two (2) representatives from law enforcement agencies (Section 4(c)).
“Commission” refers to the Professional Regulation Commission (PRC) under Republic Act No. 8981 (Section 4(d)).
“Criminology” means the scientific study of crimes, criminals, and victims, including the prevention and solution of crimes (Section 4(e)).
“Profession” means the art and science in the practice of criminology (Section 4(f)).
“Registered criminologist” means a natural person holding a valid certificate of registration and an updated professional identification card issued by the Board and the Commission under the Act (Section 4(g)).

Scope of practice and allowable activities

The practice of criminology covers acts performed in line with the profession or occupation as a law enforcement administrator, executive, adviser, consultant, officer, investigator, agent, or employee in agencies with law enforcement and quasi-police functions including 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 service agencies with similar functions (Section 5(a)).
The practice of criminology includes teaching roles as a professor, instructor, or teacher in recognized criminology program subjects including: (1) Criminal Jurisprudence and Procedure; (2) Criminalistics; (3) Law Enforcement Administration; (4) Crime Detection and Investigation; (5) Correctional Administration; (6) Criminal Sociology and Ethics; and other technical and specialized subjects in the criminology curriculum provided by CHED (Section 5(b)).
The practice includes technician/examiner/criminalist/specialist work in areas including dactyloscopy, questioned document, DNA, lie detection, firearms identification, forensic photography, forensic chemistry, and other scientific crime detection and investigation (Section 5(c)).
The practice includes correctional roles as correctional administrator, executive, supervisor, or officer in rehabilitation, correctional, and penal institutions or facilities, and community-based corrections and rehabilitation agencies and/or programs (Section 5(d)).
The practice includes counselor/consultant/adviser/researcher work in government or private agencies involving criminological research or projects on 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(e)).
The practice includes private investigator, administrator, consultant, agent, or detective work in private security and investigation agencies organized under Philippine laws (Section 5(f)).
The Board, in consultation with the APO and the academe and subject to Commission approval, may revise, exclude from, or add to the enumerated acts or activities to conform with latest trends in practice (Section 5).

Professional Regulatory Board structure

A Professional Regulatory Board for Criminologists is created as a collegial body under the administrative supervision and control of the Commission (Section 6).
The Board is composed of a Chairperson and four (4) members appointed by the President from lists of three (3) recommendees per position, chosen and ranked by the Commission from a list of three (3) nominees per position endorsed by the APO (Section 6).
The new Board must be organized not later than six (6) months from the effectivity of the Act (Section 6).

Board qualifications, term, removal, and supervision

The Chairperson and members must be natural-born Filipino citizens and residents of the Philippines (Section 7(a)).
The Chairperson and members must be of good moral character, good reputation, and sound mind and body (Section 7(b)).
The Chairperson and members must not be convicted of an offense involving moral turpitude (Section 7(c)).
The Chairperson and members must be graduates of Bachelor of Science in Criminology and holders of a post-graduate degree in criminology or lawyers in a reputable school recognized by CHED (Section 7(d)).
The Chairperson and members must be registered criminologists with valid certificate of registration and professional identification card, with at least ten (10) years of practice, including no less than two (2) years teaching experience in criminology or law subjects in a college of criminology or college of law recognized by CHED (Section 7(e)).
The Chairperson and members must be members in good standing of the APO but not an officer or trustee thereof (Section 7(f)).
The Chairperson and members must not be faculty of any school offering a regular criminology class or review course, must not be staff of reviewers in a review school or center, and must not have any direct or indirect pecuniary interest in such institutions (Section 7(g)).
The Board Chairperson and members hold office for a term of three (3) years from date of appointment or until qualified successors are appointed (Section 8).
They may be reappointed for another term of three (3) years, but service must not exceed two (2) terms and not more than six (6) years, whichever is longer (Section 8).
The first Board’s terms are: Chairperson for three (3) years, two (2) members for two (2) years, and two (2) members for one (1) year (Section 8).
A vacancy appointee serves only the unexpired portion (Section 8).
The Chairperson and members must take an oath of office (Section 8).
The Chairperson and members receive compensation and benefits comparable to other Professional Regulatory Boards under the Commission, as provided in Section 10 of Republic Act No. 8981 and existing laws (Section 9).
The President may remove or suspend the Chairperson or member upon recommendation of the Commission after due process and administrative investigation (Section 11).
Removal or suspension grounds include: (a) gross neglect, incompetence, or dishonesty; (b) causes/grounds and prohibited acts under the Act and offenses in the Revised Penal Code, Anti-Graft and Corrupt Practices Act, and other laws; (c) manipulation/rigging of licensure examination results, disclosure of secret/confidential exam information before conduct, or tampering of grades; and (d) conviction with final judgment for a crime involving moral turpitude (Section 11).
The Commission’s investigation shall be guided by Section 7(s) of Republic Act No. 8981, administrative investigation rules, and applicable provisions of the New Rules of Court (Section 11).
The Board operates under the Commission’s administrative supervision; the Commission keeps Board records, including applications, examination papers and results, minutes of deliberation, and administrative cases (Section 12).
The Commission designates the Secretary of the Board and provides support services to implement the Act (Section 12).

Board powers, functions, and quasi-judicial powers

The Board exercises executive, administrative, rule-making, and quasi-judicial powers to implement the Act (Section 10).
The Board administers, supervises, and monitors the licensure examination, registration, APO membership, and practice of criminology under the Act (Section 10(a)).
The Board receives complaints and decides matters on malpractices and unethical conduct in criminology practice (Section 10(b)).
The Board promulgates rules and regulations implementing the Act (Section 10(c)).
The Board promulgates and adopts a Code of Ethics and a Code of Good Governance for criminology practice (Section 10(d)).
The Board adopts an official seal (Section 10(e)).
The Board prescribes guidelines on the conduct of CPD programs for criminologists after consultation with the APO (Section 10(f)).
The Board promulgates, adopts, or amends the syllabi and tables of specifications for licensure examination subjects after consultation with the APO, academe, and CHED Technical Panel for Criminology, and prepares questions strictly within those syllabi; it administers, corrects, and releases examination results (Section 10(g)).
The Board issues, suspends, revokes, or reinstates certificates of registration of registered criminologists, and cancels temporary/special permits granted to foreign criminologists (Section 10(h)).
The Board administers oaths in performance of its functions, including an oath of profession for successful examinees with the APO in an appropriate mass oath-taking ceremony (Section 10(i)).
The Board monitors conditions affecting practice and may conduct ocular inspection of establishments where criminology is practiced and recommend sanctions to the appropriate government agency (Section 10(j)).
The Board monitors colleges and universities offering criminology programs and recommends sanctions to CHED or authorized government offices for noncompliance with faculty qualifications, laboratory, library, facilities and equipment, research outputs, curriculum, and administration requirements (Section 10(k)).
The Board hears and investigates cases on violations of the Act, its IRR, the Code of Ethics, the Code of Good Governance, and other policies; it issues summons, subpoena ad testificandum, and subpoena duces tecum to compel attendance and production of documents (Section 10(l)).
The Board may delegate to the Commission hearings or investigations against alleged violators; technical practice issues must be presided over by at least one (1) Board member assisted by a legal or hearing officer of the Commission (Section 10(m)).
The Board recommends to the Commission endorsement of cases involving criminal violations to the prosecution office or appropriate government agency for investigation and action (Section 10(n)).
The Board disqualifies applicants previously convicted of a crime involving moral turpitude from taking the licensure examination, and hears and decides administrative cases against examinees or registered criminologists convicted of crimes involving moral turpitude (Section 10(o)).
If found guilty, the Board cancels examination papers and/or precludes re-examination, or revokes/suspends certificates of registration and requires surrender of professional identification cards, subject to PRC rules (Section 10(o)).
Board decisions in administrative cases become final and executory after fifteen (15) days from receipt of notice of judgment or decision unless appealed to the Commission (Section 10(o)).
The Board conducts summary proceedings through legal or hearing officers against examinees who commit violations of the Act, IRR, Codes, and the General Instructions to Examinees, and renders summary judgment; summary judgment becomes final and executory after fifteen (15) days unless appealed to the Commission (Section 10(p)).
The Board prepares an annual report of accomplishments and submits it to the Commission after each calendar year, with recommendations on issues affecting the profession (Section 10(q)).
Board resolutions, rules, regulations, and other policies are subject to Commission review and approval, while Board administrative case decisions are subject to review only on appeal (Section 10).

Licensure examination, qualifications, and passing standards

Registration for practice requires passing the licensure examination, except where the Act allows otherwise; licensure examinations occur at places and dates designated by the Commission in its resolution under master schedules (Section 13).
An applicant for licensure must prove (a) Philippine citizenship or a foreign citizen whose country/state has reciprocity with the Philippines; (b) good moral character, good reputation, and sound mind and body certified by the school and barangay (or professional certification for foreign examinees); (c) a CHED-accredited bachelor’s degree in criminology duly conferred by a government-authorized institution or an equivalent degree obtained abroad and recognized/accredited by CHED; (d) no conviction involving moral turpitude; and (e) if the applicant failed five (5) times (consecutive or cumulative), a CHED-recognized reputable institution certification that the applicant completed a refresher course in criminology (Section 14).
The licensure examination includes subjects with the following relative weights: Criminal Jurisprudence and Procedure (20%), Law Enforcement Administration (20%), Crime Detection and Investigation (15%), Criminalistics (20%), Correctional Administration (10%), and Criminal Sociology (15%) (Section 15).
The Board may revise, exclude, or add subjects with corresponding ratings and syllabi after consultation and CHED Technical Panel alignment through Commission approval, to conform to technological changes and trends (Section 15).
The Board may change or revise subjects if CHED changes the Bachelor of Science in Criminology curriculum (Section 15).
The Board may, in its discretion, give practical and field examinations in each subject (Section 15).
All subjects must be taught by a registered criminologist with a valid certificate of registration and updated professional identification card, APO membership, and CPD required units, meeting other CHED requirements; allied fields may also be allowed to teach as may be proper (Section 16).
To pass, a candidate must obtain a weighted average of seventy-five percent (75%) with no subject grade below sixty percent (60%) (Section 17).
If the weighted average is seventy-five percent (75%) but any subject is below sixty percent (60%), the result is deferred and the candidate must retake that subject/s (Section 17).
The deferred examinee may retake only once within two (2) years from the examination date and must obtain at least eighty percent (80%) in the retaken subject to pass (Section 17).
If the examinee fails to retake after the two (2) years lapse or fails to reach eighty percent (80%), the examinee must retake all board subjects (Section 17).
If an examinee fails three (3) or more board subjects, the examinee is deemed to have failed the board examination (Section 17).
The Board submits licensure ratings to the Commission no later than ten (10) days after the last day of examination unless extended for valid cause (Section 18).
Successful candidates must take the oath of profession in person before the Board (or any member) with the APO in a ceremony; only persons authorized by law may administer the oath, and only upon APO membership prior to entering practice (Section 19).

Registration, identification cards, refusal rules

The Board issues a certificate of registration upon registration and payment of fees prescribed by the Commission; the certificate bears signatures of the Commission Chairperson and Commissioners and the Board Chairperson and members, and is stamped with the official seals of the Commission and Board (Section 20).
A certificate of registration remains in full force until withdrawn, suspended, or revoked under the Act (Section 20).
The Board issues a professional identification card to every registrant who pays prescribed fees; it bears registration number and date, validity and expiry, and is signed by the Chairperson of the Commission (Section 20).
The professional identification card is reissued every three (3) years upon payment of prescribed fees, completion of CPD prescribed units, and certification by the APO as an active member (Section 20).
The Board shall not register a successful applicant if the applicant has: (a) been convicted with finality of a crime involving moral turpitude; (b) been found guilty of immoral or dishonorable conduct by the Board; (c) been summarily adjudged guilty for violation of the General Instructions to Examinees by the Board; or (d) been declared of unsound mind by a court of competent jurisdiction (Section 21).
On refusal, the Board must issue the applicant a written statement of reasons and file a copy in its records (Section 21).
Revocation or suspension of a certificate of registration of a registered criminologist or cancellation of a temporary/special permit requires notice and hearing and may be imposed for violations including: (a) violation of the Act, IRR, Code of Ethics, Code of Good Governance, or Board/Commission policy; (b) conviction with finality for a crime involving moral turpitude; (c) fraud in obtaining the certificate/ID/permit; (d) gross incompetence, negligence, or ignorance resulting to death or injury or damage to property; (e) nonrenewal of professional identification card for six (6) years with PRC without justifiable cause; (f) aiding/abetting illegal practice of a non-registered criminologist by allowing use of one’s certificate/ID/permit; (g) illegally practicing during suspension; (h) addiction to drugs or alcohol impairing the ability to practice or court declaration of unsound mind; and (i) noncompliance with CPD and APO requirements for renewal unless exempted (Section 22).
The Board must periodically evaluate grounds and revise, exclude, or add grounds as needed subject to Commission approval (Section 22).
Any person, firm, or association may file charges; the Board may investigate the causes; an affidavit-complaint must be filed with affidavits of witnesses and documentary evidence through the Legal and Investigation Office (Section 22).
Motu proprio investigation must be embodied in a formal charge signed by at least a majority of the members of the Board (Section 22).
Hearings and investigations are governed by the Commission’s administrative investigation rules, subject to applicable provisions of the Act, Republic Act No. 8981, and the Rules of Court (Section 22).
The Board may reinstate or reissue a revoked certificate of registration only upon a verified petition after two (2) years from the effectivity of revocation (defined as the date of surrender of the certificate and/or professional identification card if still valid), provided the petitioner proves valid reason(s) to practice anew; the Board issues a Board resolution subject to Commission approval (Section 23).
Lost certificates/IDs/temporary/special permits may be reissued under applicable rules and upon payment of prescribed fees (Section 23).
The Board shall suspend a registered criminologist from practice (whether in government service or by using the license for eligibility for promotion in government service or in the private sector) for nonpayment of registration fees for two (2) consecutive registration periods from the last or previous year of payment; the Commission determines other surcharges (Section 24).
Renewal of the professional identification card requires completion of the prescribed minimum CPD units from the APO or an accredited provider authorized by the Commission (Section 25).
Registered criminologists already registered at the Act’s effectivity are automatically registered under the Act, subject to future requirements; their existing certificates of registration and professional identification cards or temporary/special permits in good standing have the same force and effect as if issued under the Act (Section 26).

Lawful practitioners, seals, records, and integration

Persons authorized to practice include registered criminologists with valid certificates and identification cards, and holders of valid temporary/special permits for foreign licensed criminologists (Section 27(a)).
Authorized juridical persons include: single proprietorship with owner and technical staff registered criminologists; partnerships registered with SEC as professional partnerships with partners majority registered criminologists; corporations engaged in criminology with officers and directors all registered criminologists; and associations/cooperatives registered as non-stock corporations where majority of officers, Board of Trustees, and members are registered criminologists (Section 27(b)).
Juridical persons must be registered with the Board and the Commission in accordance with applicable rules and regulations (Section 27).
A seal exclusively and legitimately used by criminology practitioners is distributed by the Board through the APO (Section 28).
No foreigner may take the licensure examination, register, receive certificate/ID, and practice criminology in the Philippines unless foreign requirements are substantially the same as Philippine requirements and the foreign country/state allows Philippine citizens to practice on the same basis with the same privileges (Section 29).
Temporary/special permits are issued by the Board subject to Commission approval and payment of fees, to foreign registered criminologists in cases including internationally known experts urgently needed due to local inadequacy, services for free limited to indigent patients in a particular hospital/center/clinic, and exchange professors in criminology branches/specialties/allied fields in criminology schools/colleges/universities (Section 30).
Temporary/special permits contain limitations and conditions for a period of not more than one (1) year, subject to renewal; these limitations include the branch/specialty and specific place of practice (Section 30).
The Board promulgates rules and regulations implementing Section 30 (Section 30).
Practitioners must indicate in documents they sign/use/issue in connection with practice: 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 31).
The Board prepares and maintains an annually updated roster in cooperation with the APO showing names, residence and/or office address, and the status of certificate, professional identification card, and APO membership; it is made available to any party as necessary (Section 32).
Registered criminologists integrate into one (1) national organization duly registered with the SEC; the Board, subject to Commission approval, accredits the organization as the one and only integrated and accredited national organization, and accreditation continues only with periodic compliance with Commission standards (Section 33).
Criminologists whose names appear in the Registry Book automatically become members and receive benefits and privileges upon payment of APO membership fees and dues; affiliate organization membership is not barred (Section 33).

Privileges in government appointment and employment

Registered criminologists are exempt from taking other government entrance or qualifying civil service examinations and are considered civil service eligible for government 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 and agencies under the Criminal Justice System (Section 34).
Registered criminologists receive priority of appointment and are not required to take qualifying or entrance examinations in specified agencies/positions related to criminology, police and law enforcement work, investigations and security, corrections and public safety, including PNP, NBI, BJMP, BFP, LTO, 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 Office, Provincial Jail, Provincial Security Office, MMDA, Supreme Court and lower courts, Security Consultation, SSS, NAPOLCOM, ARMM, Optical Media Board, Intellectual Property Rights Office, PDEA, PAO, PPC, government-owned and -controlled corporations, and other government agencies with criminology-related positions (Section 35).
Registered criminologists not in government service are eligible and given preference for appointment via lateral entry as Police, Fire, and Jail Inspectors or its equivalent in PDEA, NBI, and other law enforcement agencies, provided they possess general qualifications under existing laws for appointment as Police Officers in PNP, BJMP, BFP, PDEA, or NBI, and those already in police/fire/jail as non-commissioned officers who are registered and licensed criminologists receive preference (Section 36).

Penal clause, enforcement, and sanctions

Any person who commits any of the following acts is punishable by a fine of not less than PHP 100,000 nor more than PHP 500,000, 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 (Section 37):
Practicing criminology without a valid certificate of registration and valid professional identification card or without a valid temporary/special permit (Section 37(a)).
Attempting to use the seal, certificate of registration, and professional identification card of a registered criminologist or a temporary/special permit issued to a foreign criminologist (Section 37(b)).
Abetting illegal practice of criminology by an unregistered or unauthorized person (Section 37(c)).
Securing certificates or permits through false information or fraudulent means (**