CM107 - Finals

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CM-107

SEC 2. Declaration of Policy


It is hereby declared the policy of the State to promote and upgrade the practice of professions in the country. Towards this
end, the State shall institute measures that will continuously improve the competence of the professionals in accordance with
the international standards of practice, thereby, ensuring their contribution in uplifting the general welfare, economic growth
and development of the nation.
Section 3. Definition of Terms
Accreditation - refers to the formal or official approval granted to a person, a program or an organization, upon meeting
essential requirements of achievement standards, including qualifications or unit(s) of a qualification, usually for a particular
period of time, as defined by an accrediting agency. •
ASEAN Qualifications Reference Framework (AQRF) -refers to the device that enables comparisons of qualifications
across ASEAN Member States.
ASEAN Mutual Recognition Arrangement or (ASEANMRA) - refers to a regional arrangement entered into by the
ASEAN Member States, predicated on the mutual recognition of qualifications, requirements met, licenses and certificates
granted, experience gained by professionals, in order to enhance mobility of professional services within the region. •
Continuing Professional Development (CPD) - refers to the inculcation of advanced knowledge, skills and ethical values in
a post-licensure specialization or in an inter- or multidisciplinary field of study, for assimilation into professional practice,
self-directed research and/or lifelong learning.
CPD Council - refers to a body created to promote and ensure the continuous improvement of professionals, in accordance
with national, regional and international standards of practice
CPD Credit Unit - refers to the value of an amount of learning that can be transferred to a qualification achieved from
formal, informal or non-formal learning setting, where in credits can be accumulated to predetermined levels for the award of
a qualification.
CPD Program - refers to a set of learning activities accredited by the CPD Council such as seminars, workshops, technical
lectures or subject matter meetings, non- degree training lectures and scientific meetings, modules, tours and visits, which
equip the professionals with advanced knowledge, skills and values in specialized or in an inter- or multidisciplinary field of
study, self-directed research and/or lifelong learning.
CPD Provider - refers to a natural or juridical person accredited by the CPD Council to conduct CPD Programs.
Formal learning - refers to educational arrangements such as curricular qualifications and teaching-learning requirements
that take place in education and training institutions recognized by relevant national authorities, and which lead to diplomas
and qualifications.
Informal learning - refers to learning that occurs in daily life assessed, through the recognition, validation and accreditation
process, and which can contribute to a qualification.
Non-formal learning - refers to learning that has been acquired in addition or alternatively to formal learning, which may be
structured and made more flexible according to educational and training arrangements.
Life-long learning - refers to learning activities undertaken throughout fife for the development of competencies and
qualifications of the professional.
Online learning - activities refer to structured or unstructured learning initiatives, which make use of the internet and other
web-based Information and Communications Technology solutions.
Prior learning - refers to a person’s skills, knowledge and competencies that have been acquired
through work experience, training, independent study, volunteer activities and hobbies, that may be applied for academic
credit, as a requirement of a training program or for occupational certification •
Self-directed learning - refers to learning activities such as online training, local/international seminars/non-degree courses,
institution/company-sponsored training programs, and the like, which did not undergo CPD accreditation but maybe applied
for and awarded CPD units by the respective CPD Council.
Pathways and Equivalencies - refer to mechanisms that provide access to qualifications and assist professionals to move
easily and readily between the different education and training sectors, and between these sectors, and the labor market,
through the Philippine Credit Transfer System;
Philippine Qualifications Framework (PQF) - refers to the quality assured national system for the development, recognition
and award of qualifications at defined levels, based on standards of knowledge, skills and values, acquired in different ways
and methods by learners and workers;
Qualification - refers to a status gained after a person has been assessed to have achieved learning outcomes or competencies
in accordance with the standard specified for a qualification title, and is proven by a document issued by a recognized agency
or body;
Quality assurance - refers to planned and systematic processes that provide confidence in the design, delivery and award of
qualifications within an education and training system, and is a component of quality management that is focused on ensuring
that quality requirements will be fulfilled.
Purposes of CPD Programs
(a) Enhance and upgrade the competencies and qualifications of professionals for the practice of their professions pursuant to
the PQF, the AQRF and the ASEAN MRAs;
(b) Ensure international alignment of competencies and qualifications of professionals through career progression mechanisms
leading to specialization/sub-specialization;
(c) Ensure the development of quality assured mechanisms for the validation, accreditation and recognition of formal, non-
formal and informal learning outcomes, including professional work experiences and prior learning:
(d) Ensure maintenance of core competencies and development of advanced and new competencies, in order to respond to
national, regional and international labor market needs; and
(e) Recognize and ensure the contributions of professionals in uplifting the general welfare, economic growth and
development of the nation.
Section 6. Powers, Functions and Responsibilities of the PRC and the Professional Regulatory Boards (PRBS)
The PRC and the PRBs shall undertake the overall implementation of the CPD Programs:
(a) Organize CPD Councils for each of the regulated professions and promulgate guidelines for their operation;
(b) Review existing and new CPD Programs for all of the regulated professions;
(c) Formulate, issue, and promulgate guidelines and procedures for the implementation of the CPD Programs;
(d) Coordinate with the academe, concerned government agencies, and other stakeholders in the implementation of the CPD
Programs and other measures provided under this Act; and
(e) Coordinate with concerned government agencies in the development of mechanisms and guidelines, in the grant and
transfer of credit units earned from all the learning processes and activities, pursuant to this Act.

Section 7. CPD Council.


There is hereby created a CPD Council which shall be under the supervision of the concerned PRB.
Every CPD Council shall be composed of a Chairperson and two (2) Members.
1. The chairperson of the CPD Council shall be the member of the PRB so chosen by the PRB concerned to sit in the CPD
Council.
2. The first member shall be the President or Officer of the AIPO/APO duly authorized by its Board of Governors/Trustees.
(In the absence of the AIPO/APO, the PRB shall submit within 10 working days from notification of such absence, a list of 3
recommendees from the national professional organizations. The PRC shall designate the first member within 30 days from
receipt of the list.)
3. The second member shall be the President or Officer of the national organization of deans or department chairpersons of
schools, colleges or universities offering the course requiring the licensure examination. (In the absence of such organization,
the PRB concerned shall submit, within 10 working days from notification of such absence, a list of 3 recommendees from the
academe. The PRC shall designate the second member within 20 working days from receipt of the list.)
Term of Office
1. Chairperson - coterminous with his/her incumbency in the PRB unless sooner replaced by the PRB concerned through a
resolution, subject to the approval of the PRC.
2. First and Second members - 2 years unless sooner replaced through a resolution by the AIPO/APO concerned or the
organization of deans or heads of departments, respectively. •
The CPD Councils and Secretariat shall act upon within the prescribed period of 60 days all applications for accreditation as
CPD Providers and 45 days for the CPD Programs. (PRC Memo dated February 15, 2018)
All applications not acted upon within the prescribed period shall be deemed approved, and for this matter, the credit units
shall be given after the evaluation of the CPD Council. (PRC Memo dated February 15, 2018)
Conflict of Interest in CPD Council
Conflict of interest of the chairperson and members of the CPD Council arises when he/she directly or indirectly has any
financial, material or pecuniary interest with the CPD provider as either the owner, officer, or a holder of any position therein,
in whatever capacity or is related within the 4th civil degree of consanguinity or affinity. Hence, he/she shall be disqualified to
sit as member in the Council. •

 The prohibition extends to members of their families and relatives within the 4th civil degree of consanguinity or
affinity. Further, this disqualification extends until 1 year from their separation from service.
 When conflict of interest or perception of conflict of interest on the chairperson or members of the CPD Council
arises, he/she shall resign from his/her position in any private business enterprise involved within 30 days from his/her
assumption of office and/or divest himself/herself of his/her shareholdings or interest within 60 days from such
assumption.
 Mere inhibition during the deliberation on the application as provider or of program may still be insufficient and
doubt may still linger in the minds of the public that he/she has influenced the decision of his/her colleagues in the
Council, and the perception of conflict of interest remains. •
 Affiliation of the concerned CPD Council member in the AIPO/APO, such as being an officer, member, or consultant,
and in the academic institution as dean, faculty member or academic employee IS NOT A GROUND FOR
DISQUALIFICATION.
 When the subject for evaluation is the application for accreditation of the AIPO/APO of the academic institution as
CPD Provider and of CPD programs of CPD Providers where the concerned CPD Council member is affiliated, IT IS
SUFFICIENT for the said CPD Council member to inhibit himself/herself during the deliberation of the application.
(PRC Resolution 1106- 2018)
Section 8. Powers, Functions and Responsibilities of the CPD Council
(a)Ensure the adequate and appropriate provision of CPD Programs for their respective profession;
(b) Evaluate and act on applications for accreditation of CPD Providers and their CPD Programs;
(c) Monitor and evaluate the implementation of the CPD Programs;
(d) Assess and/or upgrade the criteria for accreditation of CPD Providers and their CPD Programs on a regular basis;
(e) Develop mechanisms for the validation, accreditation and recognition of self-directed learning, prior/informal learning,
online learning, and other learning processes through professional work experience;
(f) Conduct researches, studies and benchmarking for international alignment of the CPD Programs;
(g) Issue operational guidelines, with the approval of the PRC and the PRB concerned; and
(h) Perform such other functions related or incidental to the implementation of the CPD.
Section 10. CPD as Mandatory Requirement in the Renewal of Professional License and Accreditation System for the
Practice of Professions
The CPD is hereby made as a mandatory requirement in the renewal of the PICs of all registered and licensed professionals
under the regulation of the PRC. [Professionals shall complete the required credit units every 3 years of compliance period.
(Section 10.1. IRR of CPD Law)]
Section 11. Recognition of Credit Units
All duly validated and recognized CPD credit units earned by a professional shall be accumulated and transferred in
accordance with the Pathways and Equivalencies of the PQF.
The PRC and the PRBs, in consultation with the AIPO/APO, the Civil Service Commission (CSC), other concerned
government agencies and industry stakeholders, shall formulate and implement a Career Progression and Specialization
Program for every profession. The Career Progression and Specialization Program shall form part of the CPD.
Section 13. Role of Concerned Government Agencies and the Private Sector.
All concerned government agencies and private firms and organizations employing professionals shall include the CPD as part
of their human resource development plan and program.
Section 16. Fraud Relating to CPD
Fraudulent acts relating to the implementation and enforcement of this Act shall be punishable under the pertinent provisions
of the:

✓ Revised Penal Code;

✓ New Civil Code; and

✓ other applicable laws.

In addition, a professional who is adjudged guilty of any fraudulent act relating to the CPD shall also be meted with the
penalty of suspension or revocation of his/her PRC Certificate of Registration and/or Certificate of Specialization.
In case of a government official or employee who is party to any fraudulent act relating to the CPD, he/she shall also be
subject to the administrative penalties that may be imposed under the:

✓ Anti-graft laws;

✓ Administrative Code; and

✓ Code of Conduct of Public Officials and Employees.

Nature of CPD Programs


The CPD Programs consist of activities that range from structured to non-structured activities, which have learning processes
and outcomes. These include, but are not limited to, the following:
1. Formal learning
2. Non-formal learning;
3. Informal Learning;
4. Self-directed learning;
5. Online Learning Activities; and
6. Professional work experience
Attendance and participation of professionals in the conferences and/or convention sponsored by their AIPO/APO, although
not strictly considered as CPD programs, shall be given appropriate CPD Credit Unit in recognition of the fact that the same
contribute to the professional development and lifelong learning of professionals. (IRR of CPD Law)
CPD Monitors
The following shall act as CPD program monitors in the order of preference as approved by the CPD Council and the PRC:
• CPD Council Member;
• Any other member of the PRB;
• Duly designated APO Officers, Board Members and pertinent Committee Chairs from national and any local chapter where
the APO is not the provider of the program to be monitored;
• Member of academe who is not a participant in the CPD program;
• Duly designated PRC employees and any CPD Council designated professionals.
A CPD Monitor shall be credited with twice the number of CUs approved for a CPD program for which he/she acted. (IRR of
CPD Law)
Crediting of CPD Units
Excess units shall not be carried over to the next three-year period except units earned from doctorate and master’s degrees or
specialty trainings which shall only be individually credited only once during the entire compliance period.
Credit units maybe earned by professionals who participate in programs of the PRC or PRB including but not limited to:

 Crafting of IRR of newly enacted PRLs;


 Upgrading of Table of Specifications (TOS);
 Formulation of Career Progression and Specialization;
 Formulation of Instructional Design for CPD; •
 Other similar program (IRR of CPD Law)
 Professionals working overseas may take programs/seminars through the foreign chapters or affiliates
 of accredited CPD Providers. They may also attend seminars/trainings conducted by non-accredited CPD providers
and apply for credit units under Self-directed or Lifelong Learning track. (IRR of CPD Law);
 To allow renewing professionals who fall under the classification of “Balik Manggagawa OFW” to execute an
Undertaking if the COGS and CPD Units are not readily available. (PRC Memo dated February 15, 2018);
 To accept from applicant the Certificates of seminars, training and other related activities coming from non-accredited
CPD providers even without the required Program of Activities submitted by the professional for crediting under Self-
directed Learning Modality. (PRC Memo dated February 15, 2018)
NOTE: PRC will no longer issue a Certificate of Credit Units Earned to applicants of Self-directed and/or Lifelong Learning.
The action taken by the CPD Council on the Application Form shall be sufficient proof for the credit units earned by the
professional. Further, the prescribed fee for Self-directed or Lifelong Learning shall be P500.00 (PRC Memo dated January
29, 2018)
PRBCB Resolution 05-2017 Operational Guidelines on the Implementation of RA 10912 For Customs Brokers
Who can be CPD Providers?
• Individual/Sole Proprietor (the CB must have at least 10year professional experience)
• Firm/Partnership/Corporation (majority of incorporators, partners, directors and officers shall be professionals. Majority
shall have at least 10year experience. In the field of customs and tariff administration, supply chain and logistics)
• Government Institutions/Agencies (the training director may not be CB but must have at least 10years experience)
• Foreign Entity/Firm/Association
The Members of PRC as well as the Chairperson, Vice Chairperson and Members of the PRBs are disqualified as an
individual CPD provider, or as an incorporator, partner or officer of a firm/partnership/corporation offering CPD programs
during their incumbency. This prohibition extends to members of their families and relatives within the 4th degree of
consanguinity or affinity. Further, this disqualification extends until 1year from their separation from the service. (IRR of
CPD Law)
Section 6. Maximum Creditable Units for Self-directed and/or Lifelong Learning
• The maximum creditable units for self-directed and/or lifelong learning is 20 credit units in a compliance period except:
Under Section 4;
Academic track (Annex K)
• Considerations will be given to CBs practicing abroad, subject to validation by the CPD Council.
Section 9. Unforeseen or Uncontrolled Events or Circumstances
The CPD Council for Customs brokers may consider deferring compliance with the required CPD credit units if the customs
broker, after showing evidence, cannot comply therewith due to unforeseen or uncontrolled events or circumstances, subject
to the approval of the CPD Council, such as when the customs broker or his/her immediate family member is suffering from
serious illness or under any analogous circumstances.
In such event, the customs broker shall file an affidavit before the CPD Councistating the circumstances and reasons for the
deferment of compliance with the required CPD credit units for the corresponding renewal period, however, in no case shall
the deferment exceeded 12 months. Nevertheless, the CPD Council, upon evaluation of the circumstances or justifications
raised for the deferment, may still require compliance on a pro-rata basis or a portion of the required CPD credit units in a
compliance period.

CCBI
ACCREDITED PROFESSIONAL ORGANIZATION

 All customs brokers shall have one national organization, to be recognized by the Board and by the Commission as
the one and only accredited professional organization of customs brokers.
 A customs broker duly registered with the Board shall automatically become a member of the APO of customs
brokers. (automatic membership rule)
 Membership in the accredited professional organization of customs brokers shall not be a bar to membership in other
associations of customs brokers. (Sec. 31, RA 9280)
Automatic membership
» Section 31;
» The membership is with the APO;
» Thus, all CB as of April 21, 2004 and those who pass the yearly examination are automatic members of the APO.
Automatic registration
» Section 33;
» The registration is with the PRBCB;
» Thus, all CB as of April 21, 2004 are automatically registered.
Who are Members of CCBI?

 All customs broker whose names are in the roll of Customs Brokers of the Professional Regulation Commission are
considered members of the Chamber of Customs Brokers, Inc. All customs broker whose names as in the roll of
Customs Brokers of the Civil Service Commissioner are also considered members of the Association. (Sec. 1, Article
III, CCBI By-Laws).
 All members shall register in writing to the association’s National Office or any of its chapter offices and shall pay the
required registration fees. (Sec. 2, Article III, CCBI By-Laws)
Who are Members in Good Standing of CCBI?
A member who has paid his registration fees, up-to-date in payment of the annual membership dues and who is not under
suspension from membership privileges is a member in good standing. (Sec. 2, Article III, CCBI By-Laws)
PRC RESOLUTION 2018-1089 REVISED RULES ON THE ACCREDITATION OF PROFESSIONAL
ORGANIZATIONS AND INTEGRATED PROFESSIONAL ORGANIZATIONS
Accredited Integrated Professional Organization (AIPO)
Refers to the concerned Board of PRC Accredited Professional Organization for a given profession which is specifically
mandated by the provision of the professional regulatory law to integrate the professionals into one national organization and
where the membership therein by professionals is automatic and mandatory.
Accredited Professional Organization (APO)
Refers to the PRC Accredited Professional Organization where membership therein by professionals in only voluntary.

Qualification for Accreditation


In order to be accredited by the PRC, a professional organization must, at the time of filing of its application for accreditation,
possess all of the following qualifications:
A. It is established for the promotion of the benefit and welfare of the professionals of one discipline, the advancement of their
profession, and the attainment of other professional ends;
B. Its membership is open to all registered professionals of the same discipline without discrimination;
C. It is duly registered as a non-stock and non-profit corporation or association with SEC and duly registered with BIR;
D. Its membership in a particular discipline shall be comprised of at least fifty percent plus one (50% + 1) of the registered
professionals possessing current and valid PICs.
Validity of Accreditation is for 3 Years from the Completion of the Resolution’s Publication
Disqualification for Accreditation

 It has committed act/s inimical to the interest of the profession or its members;
 It has failed to comply with the lawful orders and/or policies of the Board and/or the PRC;
 It has failed to comply with regulatory policies of other government agencies like SEC, BIR and local government
units;
 It has adopted discriminatory policies on membership;
 It has committed other act/s analogous to the foregoing
RIGHTS AND PRIVILEGES OF APO/AIPO

 To represent the profession for which such organization has been established and accredited;
 To submit nominees for vacant positions in the Board;
 To bid for yearly award for the outstanding professional of its profession;
 To designate a representative to sit as 1st member of the CPD Council;
 To be part of the oath taking ceremony of the new professionals;
 To represent the profession in the Monitoring Committee for the ASEAN MRAs, if applicable;
 To exercise analogous rights and privileges under the law.
DUTIES AND RESPONSIBILITIES OF APO/AIPO

 To define the professional responsibilities of its members;


 To ensure that its members adhere to the Code of Ethics, Responsibilities, and highest professional and technical
standards;
 To improve the standards of the profession through effective collaboration with the Board and the PRC;
 To look into the conditions affecting the practice of the profession and to propose policies or measures to the Board or
the PRC for its improvement;
 To ensure the welfare, and best interest as well as harmonious relationship among its members; and
 To report violations of the PRL to the PRC, through the Office of the Legal Service, for possible prosecution or filing
of complaint.

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