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MT 107: MED TECH LAWS & BIOETHICS

2nd Semester | A. Y. 2022-2023

RA 8981 PRC MODERNIZATION


ACT OF 2000
MS. SHAIRA MAE CUEVILLAS, RMT, CDTA, JD
PRELIM TERM – WEEK 3

TOPIC OUTLINE o On December 9, 1974, the Implementing


I Introduction and History Rules and Regulations of P.D. No. 223 were
II Statement of Policy promulgated, paving the way for
III Professional Regulation Commission standardization of rules and procedures for
IV Professional Regulatory Boards the thirty-three (33) professions then
V Other Provisions under the CSC.
o On December 5, 2000, President Joseph
Ejercito Estrada signed Republic Act No.
I. Introduction and History 8981 otherwise known as the PRC
Modernization Act of 2000. The
Implementing Rules and Regulations were
 Professional Regulation Commission adopted on February 15, 2001 through PRC
(PRC/Commission) Resolution No. 1 series of 2001.
 is the licensing and regulatory agency
of the national government for the
Under RA 8981, the Commission exercises
practice of regulated professions.
three functions
1. Executive functions
o On June 17, 1950 It was previously called 2. Quasi-legislative functions
the Office of the Board of Examiners, which 3. Quasi-judicial functions
was created by Republic Act No. 546 under
the aegis of the Civil Service Commission. o It had also set its new thrusts and priorities
o On June 22, 1973 by PD 223 dated June
such as customer-focused service,
22, 1973, signed by then President modernization through full computerization
Ferdinand E. Marcos, it was first created as and re-structuring, integrity of licensure
a national government agency mandated examinations, good governance, protection
to enforce the laws regulating the various and promotion of Filipino professionals and
professions support to national development priorities.

Functions of PRC under PD 223 In fulfillment of its legal mandate, the PRC
1. Prepare the contents of the licensure exams. performs two important functions, which are:
2. Determine, prescribe, and revise the course 1. to conduct and administer licensure
requirements examinations to aspiring professionals, and
3. Visit or inspect schools and establishment 2. to regulate and supervise the practice of the
for feedback professions exercised in partnership with the
4. Adopt and enforce a Code of Ethics for the forty-six (46) Professional Regulatory
practice of their respective profession Boards (PRBs) in the fields of health,
5. Administer oaths and issue certificates of business, education, social sciences,
registration engineering and technology
6. Investigate violations of professional
standards and adjudicate administrative and
other cases against erring registrants o The PRBs govern their respective
7. Suspend, revoke, or reissue certificate of professions’ practice and ethical
registration for causes provided by law standards and accredit the professional
organization representing the
professionals.
o On January 4, 1974, the PRC became
o On September 11, 2006, as supplemented
operational and was attached to the Office
by Executive Order No. 565-A, PRC was
of the President for general direction and
attached to the Department of Labor and
coordination.

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Employment (DOLE) for administrative
supervision and control. Being an attached
agency of the DOLE, the PRC works closely
to the mandate of its mother agency.
o On the year of 2009, PRC and the CHED
signed a Memorandum of Agreement to
monitor the performance of schools.
o The PRC serves more than 4.9 million
professionals (as of October 2022) from
46 various regulated professions and the
hundreds of thousands of aspiring
professionals who take the licensure
examinations every year. Thus, PRC
stakeholders include the professionals,
would-be professionals, accredited
professional organizations, foreign
professionals seeking temporary permit to
practice their professions in the country,
schools and academe, and other
government agencies.

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licensure examinations and whose standards of
professional service and practice are
internationally recognized and considered world-
class brought about the regulatory measures,
programs and activities that foster
professional growth and advancement.

III. Professional Regulation Commission

POWERS, FUNCTIONS, AND


RESPONSIBILITIES

Section 5. Exercise of Powers and Functions


of the Commission
The Chairperson of the Commission, and the
Commissioners as members thereof shall sit and
act as a body to exercise general administrative,
executive and policy-making functions of the
Commission. The Commission shall establish and
maintain a high standard of admission to the
practice of all professions and at all times
ensure and safeguard the integrity of all licensure
examinations.

The Chairperson shall act as the presiding and


chief executive officer of the Commission. As
presiding officer, he/she shall preside over the
meetings of the Commission sitting as a collegial
body. As chief executive officer of the
Commission, he/she shall be responsible for the
implementation of the policies and the programs
adopted by the Commission for the general
administration of the Commission. He/she shall
perform such other activities which are necessary
for the effective exercise of the powers, functions
and responsibilities of the Commission.

Section 6. Compensation and Other Benefits


The Chairperson shall receive compensation and
allowances equivalent to that of a Department
Secretary while the Commissioners shall receive
compensation and allowances equivalent to that of
an Undersecretary. The Chairperson and the
members of the Commission shall be entitled to
retirement benefits provided under Republic Act
Numbered Fifteen Hundred and Sixty-Eight, as
amended by Republic Act Numbered Three
Thousand Five Hundred and Ninety-Five.
II. Statement of Policy
Section 7. Powers, Functions and
Responsibilities of the Commission
Section 2. Statement of Policy The powers, functions, and responsibilities of the
The State recognizes the important role of Commission are as follows:
professionals in nation-building and, towards (a). To administer, implement and enforce the
this end, promotes the sustained development of a regulatory policies of the national
reservoir of professionals whose competence has government with respect to the regulation
been determined by honest and credible and licensing of the various professions

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and occupations under its jurisdiction licensure examinations to any examinee
including the enhancement and charged and found guilty of violating the
maintenance of professional and rules and regulations governing the
occupational standards and ethics and conduct of licensure examinations
the enforcement of the rules and promulgated by the Commission;
regulations relative thereto: (e). To admit the successful examinees to the
(b). To perform any and all acts, enter into practice of the profession or occupation;
contracts, make such rules and cause the entry of their names on its
regulations and issue such orders and registry book and computerized
other administrative issuance as may be database; issue certificates of
necessary in the execution and registration/professional license, bearing
implementation of its functions and the the registrant’s name, picture, and
improvement of its services; registration number, signed by all the
(c). To review, revise, and approve members of the Board concerned and the
resolutions, embodying policies Chairperson, with the official seal of the
promulgated by the Professional Board and the Commission affixed thereto
Regulatory Boards in the exercise of their which certificate shall be the authority to
powers and functions or in implementing the practice; and at the option of the
laws regulating their respective professions professional concerned, ministerially issue
and other official actions on non-ministerial the professional identification card, to be
matters within their respective jurisdictions; used solely for the purpose of identification,
(d). To administer and conduct the licensure upon payment of the appropriate amount:
examinations of the various regulatory Provided, That, marine deck and marine
boards in accordance with the rules and engineer officers shall also be issued
regulations promulgated by the Commission; endorsement certificates exclusively by the
determine and fix the places and dates of Commission pursuant to the 1978 and 1995
examinations; use publicly or privately Standards of Training, Certification and
owned buildings and facilities for Watch-keeping (STCW) Convention, to the
examination purposes; conduct more than exclusion of any other government agency,
one (1) licensure examination: Provided, Section 1(2) of Executive Order No. 149,
That, when there are two (2) or more Series of 1999 and provisions of other
examinations given in a year, at least one (1) existing laws, executive orders,
examinations shall be held on weekdays administrative issuance/regulations to the
(Monday to Friday): Provided, further, That, if contrary notwithstanding: Provided, further,
only one (1) examination is given in a year, That, once a certificate of
this shall be held only on weekdays: registration/professional license, or
Provided, finally, That, the Commission is certificate of competency, in the case of
also authorized to require the completion marine deck and engine officers are issued,
of a refresher course where the examinee this cannot be withdrawn, cancelled,
has failed to pass three (3) times, except revoked, or suspended except for just cause
as otherwise provided by law; approve as may be provided by law after due notice
the results of examinations and the and hearing;
release of the same; adopt measures to (f). To have custody of all the records of the
preserve the integrity and inviolability of various Boards, including examination
licensure examinations; appoint supervisors papers, minutes of deliberation, records of
and room watchers from among the administrative cases and investigations and
employees of the government and/or private examination results for control and
individuals with baccalaureate degrees, who disposition;
have been trained by the Commission for the (g). To determine and fix the amount of fees
purpose and who shall be entitled to a to be charged and collected for
reasonable daily allowance for every examination, registration, registration without
examination day actually attended, to be examination, professional identification card,
determined and fixed by the Commission; certification, docket, appeal, replacement,
publish the list of successful examinees; accreditation, including surcharges and other
provide schools, colleges and universities, fees not specified under the provisions of
public and private, offering courses for Republic Act Numbered Four Hundred Sixty
licensure examinations, with copies of Five as amended by Republic Act Numbered
sample test questions on examinations Sixty Five Hundred and Eleven or to charge
recently conducted by the Commission and and collect reasonable fees at the rates
copies of the syllabi or terms of higher than the rates provided thereunder
specifications of subjects for licensure subject to the approval by the Office of the
examinations; and impose the penalty of President.
suspension or prohibition from taking (h). To appoint subject to the Civil Service

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laws, rules, and regulations, officials and employees of Philippine or foreign private
employees of the Commission necessary firms or institutions pursuant to law, or health
for the effective performance of its functions professionals engaged in humanitarian
and responsibilities; prescribe their duties mission for a limited period of time: Provided,
and fix their compensation subject to the finally, That agencies, organizations or
provisions of Republic Act Numbered Six individuals whether public or private, who
Thousand Seven Hundred and Fifty Eight secure he services of a foreign professional
and allowances including other fringe authorized by law to practice in the
benefits; and to assign and/or reassign Philippines for reasons aforementioned, shall
personnel as the exigency of the service be responsible for securing a special permit
requires subject to the Civil Service laws, from the Professional Regulation
rules and regulations; and to organize or Commission (PRC) and the Department of
reorganize the structure of the Commission; Labor and Employment (DOLE), pursuant to
and create or abolish positions or change the PRC and DOLE rules:
designation of existing positions in (k). To authorize any officer of the
accordance with a staffing pattern prepared Commission to administer oaths:
by it and approved by the Office of the (l). To supervise foreign nations who are
President upon the recommendation of the authorized by existing laws to practice
Department of Budget and Management their professions either as holders of a
(DBM) to meet the changing conditions or as certificate of registration and a
the need arises: Provided, That, such professional identification card or a
changes shall not affect the employment temporary special permit in the
status of the incumbents, reduce their ranks Philippines;
and/or salaries nor shall result in their  to ensure that the terms and
separation from the service; conditions for their practice or of
(i). To submit and recommend to the their employment are strictly
President of the Philippines the names of complied with;
licensed/registered professionals for  to require the hiring or employing
appointment as members of the various government agency or private
Professional Regulatory Boards from entity/institution to secure a
among those nominated to fill up temporary special permit from the
vacancies pursuant to the provisions of concerned Board subject to approval
Executive Order No. 496, Series of 1991; by the Commission and to file a
(j). Upon recommendation of the criminal complaint against the head
Professional Regulatory Board of the government agency or
concerned, to approve the registration of officers of the said private
and authorize the issuance of a certificate entity/institution, who shall be liable
of registration/license and professional under the penalty provided for in the
identification card with or without concerned professional regulatory law
examination to a foreigner who is registered or the penalty imposed pursuant to this
under the laws of his state or country and Act, when the professional was hired
whose certificate of registration issued and allowed to practice his/her
therein has not been suspended or revoked: profession without permit;
Provided, That, the requirements for the  to file upon due process request for
registration or licensing in said foreign state deportation with the Bureau of
or country are substantially the same as Immigration and Deportation (BID);
those required and contemplated by the laws and
of the Philippines and that the laws of such  to supervise professionals who were
foreign state or country allow the citizens of former citizens of the Philippines
the Philippines to practice the profession on and who had been registered and
the same basis and grant the same issued a certificate of registration
privileges as those enjoyed by the subjects and a professional identification
or citizens of such foreign state or country: card prior to their naturalization as
Provided, further, That, the Commission foreign citizens, who may, while in
may, upon recommendation of the Board the country on a visit, sojourn or
concerned, authorize the issuance of a permanent residence, practice their
certificate of registration/license or a special profession: Provided, That, prior to the
temporary permit to foreign professionals practice of their profession they shall
who desire to practice their professions in have first been issued a special permit
the country under reciprocity and other and updated professional identification
international agreements; consultants in card by the Board concerned subject to
foreign-funded, joint venture or foreign- approval by the Commission and upon
assisted projects of the government, payment of the permit and annual

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registration fees; (w). To initiate an investigation, upon
(m). To monitor the performance of schools in complaint under oath by an aggrieved
licensure examinations and publish the party, of any person, whether a private
results thereof in a newspaper of national individual or professional, local or foreign,
circulation; who practices the regulated profession or
(n). To adopt and institute a comprehensive occupation without being authorized by law,
rating system for universities, colleges, and or without being registered with and licensed
training institutes based on the passing ratio by the concerned regulatory board and
and overall performance of students in board issued the corresponding
examinations; license/professional identification card or
(o). To exercise administrative supervision temporary or special permit, or who commits
over the various professional regulatory any of the prohibited acts provided in the
boards and its members; regulatory laws of the various professions,
(p). To adopt and promulgate such rules and which acts are criminal in nature, and if the
regulations as may be necessary to evidence so warrants, to forward the
effectively implement policies with respect to records of the case to the office of the
the regulation and practice of the city or provincial prosecutor for the filing
professions; of the corresponding information in court
(q). To implement the program for the full by the lawyers of the legal services of the
computerization of all licensure Commission who may prosecute said
examinations given by the various case/s upon being deputized by the
professional regulatory boards including the Secretary of Justice;
registration of professionals not later than (x). To prepare an annual report of
the year 2003 and other operations of the accomplishments on the programs,
Commission; projects and activities of the Commission
(r). To investigate and decide administrative during the year for submission to
matters involving officers and employees Congress after the close of its calendar year
under the jurisdiction of the Commission; and make appropriate recommendations on
(s). To investigate motu proprio or upon the issues and/or problems affecting the
filing of a verified complaint, any member Commission, the Professional Regulatory
of the Professional Regulatory Boards for Board, and the various professions under its
neglect of duty, incompetence, jurisdiction; and
unprofessional, unethical, immoral or (y). To perform such other functions and
dishonorable conduct, commission of duties as may be necessary to carry out
irregularities in the licensure examinations the provisions of this Act, the various
which taint or impugn the integrity and professional regulatory laws, decrees,
authenticity of the results of the said executive orders and other administrative
examinations and, if found guilty, to issuance.
revoke or suspend their certificates of
registration and professional
licenses/identification cards and to Section 8. Regional Offices
The Commission is hereby authorized to create
recommend to the President of the
Philippines their suspension or removal regional offices as may be necessary to carry out
their functions mandated under this Act.
from office as the case may be;
(t). To issue summons, subpoena and
subpoena duces tecum in connection with
the investigation of cases against officials
and employees of the Commission and the IV. Professional Regulatory Boards
members of the Professional Regulatory
Boards;
(u). To hold in contempt in erring party or o The PRBs govern their respective
person only upon application with a court of professions’ practice and ethical standards
competent jurisdiction; and accredit the professional organization
(v). To call upon or request any department, representing the professionals.
instrumentality, office, bureau, institution or
agency of the government including local
government units to render such Section 9. Powers, Functions and
assistance as it may require, or to Responsibilities of the Various Professional
coordinate or cooperate in order to carry out, Regulatory Boards
enforce or implement the professional The various, professional regulatory boards shall
regulatory policies of the government or any retain the following powers, functions and
program or activity it may undertake responsibilities:
pursuant to the provisions of this Act; (a). To regulate the practice of the

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professions in accordance with the (g). After due process, to suspend, revoke or
provisions of their respective reissue, reinstate certificate of
professional regulatory laws; registration or licenses for causes
(b). To monitor the conditions affecting the provided by law;
practice of the profession or occupation (h). To prepare, adopt and issue the syllabi or
under their respective jurisdictions and tables of specifications of the subjects
whenever necessary, adopt such for examinations in consultation with the
measures as may be deemed proper for academe; determine and prepare the
the enhancement of the profession or questions for the licensure examinations
occupation and/or the maintenance of high which shall strictly be within the scope of the
professional, ethical and technical standards, syllabus or table of specifications of the
and for this purpose the members of the subject for examination; score and rate the
Board duly authorized by the Commission examination papers with the name and
with deputized employees of the signature of the Board member concerned
Commission, may conduct ocular inspection appearing thereon and submit the results
in industrial, mechanical, electrical or in all subjects duly signed by the
chemical plants or establishments, hospitals, members of the Board to the Commission
clinics, laboratories, testing facilities, mines within ten (10) days from the last day of
and quarries, other engineering facilities and examination unless extended by the
in the case of schools, in coordination with Commission for justifiable cause/s; and
the Commission on Higher Education subject to the approval by the Commission,
(CHED); determine the appropriate passing
(c). To hear and investigate cases arising general average rating in an examination
from violations of their respective laws, if not provided for in the law regulating the
the rules and regulations promulgated profession; and
thereunder and their Codes of Ethics and, for (i). To prepare an annual report of
this purpose, may issue summons, accomplishments on programs, projects
subpoena and subpoena duces tecum to and activities of the Board during the year
alleged violators and/or witnesses to compel for submission to the Commission after the
their attendance in such investigations or close of each calendar year and make
hearings: Provided, That, the decision of the appropriate recommendations on issues or
Professional Regulatory Board shall, unless problems affecting the profession to the
appealed to the Commission, become Commission.
final and executory after fifteen (15) days
from receipt of notice of judgment or
decision;
(d). To delegate the hearing or investigation Section 10. Compensation of the Members of
of administrative cases filed before them the Professional Regulatory Boards
except in cases where the issue or The members of the Professional Regulatory
question involved strictly concerns the Boards shall receive compensation equivalent to,
practice of the profession or occupation, at least, two salary grades lower than the salary
in which case, the hearing shall be presided grade of the Commissioners: Provided, That the
over by at least one (1) member of the Board Chairperson of the Regulatory Board shall receive
concerned assisted by a Legal or Hearing a monthly compensation of two steps higher than
Officer of the Commission; the members of the Board, and: Provided, further,
(e). To conduct, through the Legal Officers of that they shall be entitled to other allowances and
the Commission, summary proceedings benefits provided under existing laws.
on minor violations of their respective
regulatory laws, violations of the rules and
regulations issued by the boards to
implement their respective laws, including
violations of the general instructions to V. Other Provisions
examinees committed by examinees, and
render summary judgment thereon which
shall, unless appealed to the Section 11. Person to Teach Subjects for
Commission, become final and executory Licensure Examination on all Professions
after fifteen (15) days from receipt of All subjects for licensure examinations shall be
notice of judgment or decision; taught by persons who are holders of valid
(f). Subject to final approval by the certificates of registration and valid professional
Commission, to recommend registration licenses of the profession and who comply with the
without examination and the issuance of other requirements of the CHED.
corresponding certificate of registration
and professional identification card; Section 12. Assistance of Law Enforcement

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Agency than forty-nine thousand pesos
Any law enforcement agency shall, upon call or (P49,000.00), or both imprisonment and fine
request of the Commission or of any Professional at the discretion of the court, shall be
Regulatory Board, render assistance in enforcing imposed upon the accomplices. The
the regulatory law of the profession including the penalty of imprisonment ranging from two (2)
rules and regulations promulgated thereunder by years and one (1) day to four (4) years or a
prosecuting the violators thereof in accordance fine ranging from Five thousand pesos
with law and the rules of court. (P5,000.00) to not more than nineteen
thousand pesos (P19,000.00), or both
imprisonment and fine at the discretion of the
Section 13. Appropriations court, shall be imposed upon the
The amount necessary to carry out the initial accessories.
implementation of this Act shall be charged
against the current year’s appropriations of the
Professional Regulation Commission. Thereafter,
such sums as may be necessary for the continued
implementation of this Act shall be included in the
succeeding General Appropriations Act.
Section 16. Penalties for Violation of Section 7
- Subparagraph (1) by Heads of Government
Agencies or Officers of Private
Section 14. Authority to Use Income
In addition to the annual appropriations of the Entities/Institutions
Any head of a government agency or officer(s)
Commission provided under the Annual General
Appropriations Act, the Commission is hereby of a private firm/institution who violates Section
7 – subpar. (1) of this Act shall be punished by
authorized to use its income not exceeding the
amount of Forty-five million pesos imprisonment of not less than six (6) months and
one (1) day to not more than six (6) years, or a fine
(P45,000,000.00) a year for a period of five (5)
years after the effectivity of this Act to implement of not less than fifty thousand pesos (P50,000.00)
to not more than Five hundred thousand pesos
the program for full computerization of the
operations of the Commission, subject to the usual (P500,000.00) or both at the discretion of the
court.
accounting and auditing requirements.

Section 17. Implementing Rules and


Section 15. Penalties for Manipulation and
Other Corrupt Practices in the Conduct of Regulations
Within ninety (90) days after the approval of this
Professional Examinations
(a). Any person who manipulates or rigs Act, the Professional Regulation Commission,
together with representatives of the various
licensure examination results, secretly
informs or makes known licensure Professional Regulatory Boards and accredited
professional organizations, the DBM, and the
examination questions prior to the
conduct of the examination or tampers CHED shall prepare and promulgate the
necessary rules and regulations needed to
with the grades in professional licensure
examinations shall, upon conviction, be implement the provisions of this Act.
punished by imprisonment of not less than
six (6) years and one (1) day to not more
than twelve (12) years or a fine of not less
than Fifty thousand pesos (P50,000.00) to Section 18. Transitory Provisions
not more than One hundred thousand pesos The incumbent Commissioner and two (2)
(P100,000.00) or both such imprisonment incumbent Associate Commissioners shall serve
and fine at the discretion of the court. as Chairperson and Commissioners respectively
(b). In case the offender is an officer or under the terms for which they have been
employee of the Commission or a appointed without need of new appointments. The
member of the regulatory board, he/she incumbent Executive Director shall likewise serve
shall be removed from office and shall as Assistant Commissioner without need of new
suffer the penalty of perpetual absolute appointment.
disqualification from public office to
addition to the penalties prescribed in the Section 19. Separability Clause
preceding section of this Act; If any provision of this Act or the application of
(c). The penalty of imprisonment ranging from such provision to any person or circumstances is
four (4) years and one (1) day to six (6) declared invalid or unconstitutional, the remainder
years or a fine ranging from Twenty of this Act or application of such provisions to
thousand pesos (P20,000.00) to not more other persons or circumstance shall not be

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affected by such declaration.

Section 20. Repealing Clause


Republic Act. No. 546, Presidential Decree No.
223, as amended by Presidential Decree No. 657,
Republic Act No. 5181, and Executive Order No.
266, Series of 1995 are hereby repealed. Section
23 (h) of Republic Act No. 7836, Section 4 (m & s).
Section 23 of Republic Act No. 7920, and Section
29 of Republic Act No. 8050, insofar as it requires
completion of the requirements of the Continuing
Professional Education (CPE) as a condition for
the renewal of the license are hereby repealed. All
other laws, orders, rules and regulations or
resolutions and all part/s thereof inconsistent with
the provisions of this Act are hereby repealed or
amended accordingly.

Section 21. Effectivity


This Act shall take effect after fifteen (15) days
following its publication in the Official Gazette or in
two (2) newspapers of general circulation,
whichever is earlier.

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