R.A. 2382
IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 8344,
OTHERWISE KNOWN AS "AN ACT PENALIZING THE REFUSAL OF HOSPITALS
AND MEDICAL CLINICS TO ADMINISTER APPROPRIATE INITIAL MEDICAL
TREATMENT AND SUPPORT IN EMERGENCY OR SERIOUS CASES, AMENDING
FOR THE PURPOSE BATAS PAMBANSA BILANG 702, OTHERWISE KNOWN AS AN
ACT PROHIBITING THE DEMAND OF DEPOSITS OR ADVANCE PAYMENTS FOR
THE CONFINEMENT OR TREATMENT OF PATIENTS IN HOSPITALS AND
MEDICAL CLINICS IN CERTAIN CASES"
WHEREAS, the Tenth Congress of the Republic of the Philippines enacted Republic Act No.
8344 on June 05, 1997;
WHEREAS, the President of the Republic of the Philippines signed into law R.A. 8344 on
August 25, 1997;
WHEREAS, under Section 5 of R.A. 8344, the Department of Health (DOH) is mandated to
promulgate the necessary rules and regulations to carry out the provisions of the aforementioned
law.
NOW THEREFORE, pursuant to the provisions of R.A. 8344 authorizing the Department of
Health to promulgate the necessary rules and regulations, the following are hereby issued:
1. Section 1 of said Act provides: "In emergency or serious cases, it shall be unlawful for
any proprietor, president, director, manager or any other officer, and/or medical
practitioner or employee of a hospital or medical clinic to request, solicit, demand or
accept any deposit or any other form of advance payment as a prerequisite for
confinement or medical treatment of a patient in such hospital or medical clinic or to
refuse to administer medical treatment and support as dictated by good practice of
medicine to prevent death or permanent disability: Provided, That by reason of
inadequacy of the medical capabilities of the hospital or medical clinic, the attending
physician may transfer the patient to a facility where appropriate care can be given, after
the patient or his next of kin consents to said transfer: Provided, however, That when the
patient is unconscious, incapable of giving consent and/or unaccompanied, the physician
can transfer the patient even without his consent, Provided, further, That such transfer
shall be done only after the necessary emergency treatment and support have been
administered to stabilize the patient and after it has been established that such transfer
entails less risks than the patient's continued confinement: Provided, finally, That strict
compliance with the foregoing procedure on transfer shall not be construed as a refusal
made punishable by this Act."
2. For the purpose of implementing the above, the following definitions are provided:
3.2 The transfer of patients contemplated under this Act shall at all times be
properly documented.
3.3 Hospitals may require a deposit or advance payment when the patient is no
longer under the state of emergency and he/she refuses to be transferred.
4. All hospitals shall use a Uniform Discharge/Transfer Slip for cases covered by RA
8344 which shall include the following information:
4.1 Admission Form of transferring hospital.
4.2 Transfer Form of Transferring Hospital, to include but not necessarily limited
to the following information:
4.2.1 Vital signs
4.2.2 Name of Attending Physician
4.2.3 Treatment given to patient
4.2.4 Name of receiving hospital
4.2.5 Name of contact person and approving official at receiving hospital
4.2.6 Consent of the patient or companion. In case of an unaccompanied
minor or patient, they may be transferred without consent provided that
the provisions of Section 1 of RA 8344 is strictly observed.
The hospital shall endeavor to use all forms of media to contact the next of
kin of the unaccompanied minor or patient.
4.2.7 In case of refusal of transfer, the name of the hospital, the name(s) of
persons who refused and the reason(s) for the refusal.
A copy of the Uniform Discharge/Transfer Slip is hereto attached as Annex A*.
5. Penal Provisions - any official, medical practitioner or employee of the hospital or
medical clinic who violates the provisions of RA 8344 shall, upon conviction by final
judgment, be punished by imprisonment of not less than six (6) months and one (1) day
but not more than two (2) years and four months, or a fine of not less than Twenty
Thousand Pesos (P20,000.00) but not more than One Hundred Thousand Pesos
(P100,000.00) or both at the discretion of the court: Provided, however, That if such
violation was committed pursuant to an established policy of the hospital or clinic or
upon instruction of its management, the director or officer of such hospital or clinic
responsible for the formulation and imprisonment of four (4) to six (6) years, or a fine of
not less than One Hundred Thousand Pesos (P100,000.00), but not more than Five
Hundred Thousand Pesos (P500,000.00) or both, at the discretion of the court.
6. In order to demonstrate compliance with the Act's provisions, all hospitals and medical
clinics are instructed to institute the following measures:
6.1 A copy of the law and this implementing rules and regulations should be
displayed prominently at hospital emergency rooms, hospital admission, counters
and medical clinic premises.
6.2 Hospital and clinic managers shall establish billing and collection procedure
for treatment or confinement of emergency and serious cases which shall not
commence until the essential appropriate treatment of such cases has been
completed.
6.3 Hospital and clinic managers shall instruct their personnel to provide prompt
and immediate medical attention to emergency and serious cases without any
prior requirements for payment or deposit.
6.4 It is clarified that the law and this administrative order covers only the
provision of medical and surgical goods and services, and do not cover the
provision of non-medical amenities which have nothing to do with the treatment
of the emergency or serious case. The provisions of and payment for these nonmedical amenities shall be subject to appropriate institutional business practice.
6.5 Alleged violations of the Act and this Order may be reported to the Bureau of
Licensing and Regulations, Office for Standards and Regulations, Department of
Health, Sta. Cruz, Manila, or to the nearest Regional Health Office which shall
immediately conduct a fact-finding investigation. The findings shall be referred to
the appropriate fiscal for criminal prosecution. Persons convicted of violation
shall be punished in accordance with the Act.
6.6 At the instance of the Bureau of Licensing and Regulation, Administrative
proceedings may also be pursued against erring clinics or hospitals that could lead
to either suspension or revocation of appropriate licenses.
These Rules and Regulations shall take effect fifteen (15) days after publication in the Official
Gazette or in a newspaper of general circulation.
Adopted: February 18, 1998
R.A. 4224
AN ACT TO AMEND CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED
TWENTY-THREE HUNDRED AND EIGHTY-TWO, OTHERWISE KNOWN AS "THE
MEDICAL ACT OF 1959."
Section 1. Sections three, four, five, six, seven, nine, ten, eleven, twelve, thirteen, fourteen,
fifteen, sixteen, eighteen, nineteen, twenty, twenty-one, twenty-two, and twenty-five of Republic
Act Numbered Twenty-three hundred and eighty-two are hereby amended to read as follows:
"Sec. 3. Composition of the Board of Medical Education. The Board of Medical Education shall
be composed of the Secretary of Education or his duly authorized representative, as chairman;
and the Secretary of Health or his duly authorized representative; the Director of the Bureau of
Private Schools or his duly authorized representative; the chairman of the Board of Medical
Examiners or his duly authorized representative; a representative of the Philippine Medical
Association; the Dean of the College of Medicine, University of the Philippines; a representative
of the Council of Deans of medical schools; and a representative chosen by the Philippine
Association of Colleges and Universities, as members.
"Sec. 4. Compensation and traveling expenses. The chairman and the members of the secretary
of the Board of Medical Education shall be entitled to twenty-five pesos per diem for every
meeting, provided, the number of meeting authorized with a per diem shall not exceed four times
in a month, except officials receiving regular salaries from the Government and for traveling
expenses in connection with their official duties as herein provided.
"Sec. 5. Functions. The functions of the Board of Medical Education shall be:
"(a) To determine and prescribe minimum requirements for admission into a recognized
college of medicine;
"(b) To determine and prescribe requirements for minimum physical facilities of colleges
of medicine, to wit: buildings, including hospitals, equipment and supplies, apparatus,
instruments, appliances, laboratories, bed capacity for instruction purposes, operating and
delivery rooms, facilities for out-patient services, and others, used for didactic and
practical instructions in accordance with modern trends;
"(c) To determine and prescribe the minimum number and minimum qualification of
teaching personnel, including student-teacher ratio;
"(d) To recommend the minimum required curriculum;
"(e) To determine and prescribe the number of students who should be allowed to take up
the preparatory course taking into account the capacity of the different recognized
colleges of medicine;
"(f) To keep a register of medical students and to collect from said medical students the
amount of five pesos each which shall accrue to the operating fund of the Board of
Medical Education;
"(g) To select, determine and approve hospitals or some departments of the hospitals for
training which comply with the minimum specific physical facilities as provided for in
subparagraph (b) hereof; and
"(h) To promulgate and prescribe and enforce necessary rules and regulations for the
proper implementation of the foregoing functions.
"Sec. 6. Minimum required courses. Students seeking admission to the medical course must have
a bachelor of science or bachelor of arts degree or their equivalent, which should include the
following subjects with their corresponding number of units:
"English
18
"Latin
12
15
"Physics
"Chemistry
21
12
"Library Science
As many units of Spanish shall be required as may be provided by law for cultural, social and
nationalistic studies.
"The medical course shall be at least five years, including not less than eleven months rotating
internship in an approved hospital, and shall consist of the following subjects:
"Anatomy
"Physiology
"Biochemistry and Nutrition
"Pharmacology
"Microbiology
"Parasitology
"Medicine and Therapeutics
"Pathology
"Gynecology
"Ophthalmology, Otology, Rhinology and Laryngology
"Pediatrics
"Obstetrics
"Surgery
"Preventive Medicine and Public Health
"Legal Medicine, including Medical Jurisprudence
"Medical Economics and Ethics
"Sec. 7. Admission requirements. The medical college may admit any student to its first-year
class who has not been convicted by any court of competent jurisdiction of any offense involving
moral turpitude, and who presents (a) a record showing a bachelor's degree in science or arts or
its equivalent as herein provided; (b) a certificate of eligibility for entrance to a medical school
from the Board of Medical Education; (c) a certificate of good moral character issued by two of
his former professors in the College of Liberal Arts; and (d) birth certificate. Nothing in this Act
shall be construed to inhibit any college of medicine from establishing, in addition to the
preceding, other entrance requirements that may be deemed admissible.
"For purposes of this Act the term "College of Medicine" shall mean to include faculty of
medicine, institute of medicine, school of medicine, or other similar institutions offering a
complete medical course leading to the degree of Doctor of Medicine or its equivalent.
"Every college of medicine must keep a complete record of enrollment, grades, graduates, and
must publish each year a catalogue giving the following information:
"1. Date of publication
"2. Calendar for the academic year
serving without any professional fee in any government or private hospital, provided that he
render such service under the direct supervision and control of a registered physician; (b) any
legally registered dentist engaged exclusively in the practice of dentistry; (c) any duly registered
masseur or physiotherapist, provided that he applies massage or other physical means upon
written order or prescription of a duly registered physician, or provided that such application of
massage or physical means shall be limited to physical or muscular development; (d) any duly
registered optometrist who mechanically fits or sells lenses, artificial eyes, limbs or other similar
appliances or who is engaged in the mechanical examination of eyes for the purpose of
constructing or adjusting eyeglasses, spectacles and lenses; (e) any person who renders any
service gratuitously in cases of emergency, or in places where the services of a duly registered
physician, nurse or midwife are not available; (f) any person who administers or recommends
any household remedy as per classification of existing Pharmacy Laws; (g) any clinical
psychologist, or mental hygienist, in the performance of his duties in regard to patients with
psychiatric problems, provided such performance is done with the prescription and direct
supervision of a duly registered physician, and (h) prosthetists who fit artificial limbs under the
supervision of a registered physician.
"Sec. 12. Limited practice without any certificate of registration. Certificates of registration shall
not be required of the following persons:
"(a) Physicians and surgeons from other countries called in consultation only and
exclusively in specific and definite case, or those attached to international bodies or
organizations assigned to perform certain definite work in the Philippines, provided they
shall limit their practice to the specific work assigned to them and provided further they
shall secure a previous authorization from the Board of Medical Examiners.
"(b) Commissioned medical officers of the United States Armed Forces stationed in the
Philippines while rendering service as such only for the members of the said armed forces
and within the limit of their own respective territorial jurisdiction.
"(c) Foreign physicians employed as exchange professors in special branches of medicine
or surgery whose service may, upon previous authorization of the Board of Medical
Examiners, be necessary.
"(d) Medical students who have completed the first four years of medical course,
graduates of medicine and registered nurses who may be given limited and special
authorization by the Secretary of Health to render services during epidemics or national
emergencies whenever the services of duly registered physicians are not available. Such
authorization shall automatically cease when the epidemic or national emergency is
declared terminated by the Secretary of Health.
"Sec. 13. The Board of Medical Examiners, its composition and duties. The Board of Medical
Examiners shall be composed of six members to be appointed by the President of the Philippines
from a list of not more than twelve names approved and submitted by the Executive Council of
the Philippine Medical Association, after due consultation with other medical association during
the month of September each year. The chairman of the Board shall be elected from among
themselves by the members at a meeting called for the purpose. The President of the Philippines
shall fill any vacancy that may occur during any examination from the list of names submitted by
the Philippine Medical Association in accordance with the provisions of this Act.
"No examiner shall handle examinations in more than four subjects or groups of subjects as
hereinafter provided. The distribution of subjects to each member shall be agreed upon at a
meeting called by the chairman for the purpose. The examination papers shall be under the
custody of the Commissioner of Civil Service or his duly authorized representative, and shall be
distributed to each member of the Board who shall correct, grade, and sign, and submit them to
the said Commissioner within one hundred twenty days from the date of the termination of the
examinations.
"A final meeting of the Board for the deliberation and approval of the grades shall be called by
the Commissioner of Civil Service immediately after the receipt of the records from the members
of the Board of Medical Examiners. The Secretary of the Board shall submit to the President of
the Philippines for approval the tabulation of results, without names and immediately upon
receipt of the approved tabulation from the Office of the President, the Board shall insert the
names and cause the publication of the names of successful candidates in alphabetical order
without the ratings obtained by each, and at the same time transmit a copy thereof to the Office
of the President.
"Sec. 14. Qualifications of examiner. No person shall be appointed a member of the Board of
Medical Examiners unless he or she (1) is a natural-born citizen of the Philippines, (2) is a duly
registered physician in the Philippines, (3) has been in the practice of medicine for at least ten
years, (4) is of good moral character and of recognized standing in the medical profession as
certified by the Philippine Medical Association, (5) is not a member of the faculty of any medical
school and has no pecuniary interest, directly or indirectly, in any college of medicine or any
institution where any branch of medicine is taught, at the time of his appointment.
"Sec. 15. Tenure of office and compensation of members. The members of the Board of Medical
Examiners shall hold office for a term of three years without immediate reappointment and until
their successors shall have been duly appointed and duly qualified. During the first year of the
implementation of this amendment, the members of the Board of Medical Examiners shall hold
office as follows:
"Two members of a term of one year;
"Two members of a term of two years;
"Two members of a term of three years:
Provided, That yearly appointments of two new members will be made to replace those whose
terms will expire: Provided, further, That appointments to fill up vacancies created by causes
other than through expiration of regular terms will be for the unexpired period only. Each
member shall receive as compensation ten pesos for each candidate examined for registration as
physician, and five pesos for each candidate examined in the preliminary or final physical
examination, provided the sum of said compensation does not exceed eighteen thousand pesos
annually.
"The President of the Philippines, upon the recommendation of the Commissioner of Civil
Service, after due investigation, may remove any member of the Board of Medical Examiners for
neglect of duty, incompetency, or unprofessional of dishonorable conduct.
"Sec. 16. Executive officer and Secretary of the Board. The Secretary of the Boards of
Examiners appointed in accordance with Section ten of Act Numbered Four thousand seven, as
amended, shall also be the secretary of the Board of Medical Examiners, who shall keep all the
records, including examination papers and the minutes of the deliberations of the Board. He shall
also keep a register of all persons to whom certificates of registration has been granted; set forth
the name, sex, age, and place of birth of each, place of business, post office address, the name of
the medical college or university from which he graduated or in which he had studied, together
with the time spent in the study of the profession elsewhere, the name of the country where the
institution is located which had granted to him the degree or certificate of attendance on clinics
and all lectures in medicine and surgery, and all other degrees granted to him from institutions of
learning. He shall keep an up-to-date registration book of all duly registered physicians in the
Philippines. He shall furnish copies of all examination questions and ratings in each subject of
the respective candidates in the physicians examination, one month after the release of the list of
successful examinees, to the deans of the different colleges of medicine exclusively for the
information and guidance of the faculties thereof. This report shall be considered as restricted
information. Any school which violates this rule shall be deprived of such privilege. The
Secretary shall keep all the records and proceedings, and issue and receive all papers in
connection with any and all complaints presented to the Board.
"Sec. 18. Dates of the examinations. The Board of Medical Examiners shall give examinations
for the registration of physicians, twice a year, on dates to be determined by it provided that the
interval between the first and the second examinations in a year shall be six months, in the City
of Manila or any of its suburbs after giving not less than ten days' notice to each candidate who
had filed his name and address with the Secretary of the Board.
"Sec. 19. Fees. The Secretary of the Board, under the supervision of the Commissioner of Civil
Service, shall collect from each candidate the following fees:
"For complete physician examination 75.00
"For preliminary or final
examination
40.00
20.00
"All fees paid as provided herein shall accrue to the funds of the Board of Medical Examiners
and be expended for the payment of the compensation of the members thereof. No fees other
than those provided herein shall be paid to the Board.
"Sec. 20. Issuance of Certificates of Registration, grounds for refusal of same. The
Commissioner of Civil Service, the chairman, the members and the Secretary of the Board of
Medical Examiners shall sign and issue certificates of registration to those who have
satisfactorily complied with the requirements of the Board. They shall not issue a certificate of
registration to any candidate who has been convicted by a court of competent jurisdiction of any
criminal offense involving moral turpitude, or has been found guilty of immoral or dishonorable
conduct after the investigation by the Board of Medical Examiners, or has been declared to be of
unsound mind.
"Sec. 21. Scope of examination. The following subjects shall be given in the examinations:
"(a) Preliminary Examination
"1) Anatomy and Histology
"2) Physiology
"3) Biochemistry
"4) Microbiology and Parasitology
"(b) Final Examination
"1) Pharmacology and Therapeutics
"2) Pathology
"3) Medicine
"4) Obstetrics and Gynecology
"5) Pediatrics and Nutrition
"6) Surgery and Ophthalmology, Otolaryngology and Rhinology
"7) Preventive Medicine and Public Health, and
"8) Legal Medicine, Ethics and Medical Jurisprudence
"(c) Complete Examination
"1) Anatomy and Histology
"2) Physiology
"3) Biochemistry
R.A. 8981
AN ACT MODERNIZING THE PROFESSIONAL REGULATION COMMISSION,
REPEALING FOR THE PURPOSE PRESIDENTIAL DECREE NUMBERED TWO
HUNDRED AND TWENTY-THREE, ENTITLED "CREATING THE PROFESSIONAL
REGULATION COMMISSION AND PRESCRIBING ITS POWERS AND
FUNCTIONS," AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines Congress
assembled:
Section 1. Title This Act shall be called the "PRC Modernization Act of 2000."
Section 2. Statement of Policy The State recognizes the important role of professionals in
nation-building and, towards this end, promotes the sustained development of a reservoir of
professionals whose competence has been determined by honest and credible 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.
Section 3. Professional Regulation Commission There is hereby created a three-man
commission to be known as the Professional Regulation Commission, hereinafter referred to as
the Commission, which shall be attached to the office of the President for general direction and
coordination.
Section 4. Composition The Commission shall be headed by one (1) full-time Chairperson and
two (2) full-time Commissioners, all to be appointed by the President for a term of seven (7)
years without reappointment to start from the time they assume office. Appointments to a
vacancy that occurs before the expiration of the term of a Commissioner shall cover only the
unexpired term of the immediate predecessor. At the expiration of the Chairperson, the most
senior of the Commissioners shall temporarily assume and perform the duties and functions of
the Chairperson until a permanent Chairperson is appointed by the President.
The Chairperson or Commissioner shall be at least forty (40) years of age, holding a valid
certificate of registration/professional license and a valid professional identification card or a
valid certificate of competency issued by the Commission or a valid professional license issued
by any government agency, familiar with the principles and methods of professional regulation
and/or licensing and has had at least five (5) years of executive or management experience:
Provided, That, one (1) of the Commissioners must be a past Chairperson/member of a
Professional Regulatory Board.
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.
Section 7. Powers, Functions and Responsibilities of the Commission The powers, functions,
and responsibilities of the Commission are as follows:
(a) To administer, implement and enforce the regulatory policies of the national
government with respect to the regulation and licensing of the various professions and
occupations under its jurisdiction including the enhancement and maintenance of
professional and occupational standards and ethics and the enforcement of the rules and
regulations relative thereto:
(b) To perform any and all acts, enter into contracts, make such rules and regulations and
issue such orders and other administrative issuance as may be necessary in the execution
and implementation of its functions and the improvement of its services;
(c) To review, revise, and approve resolutions, embodying policies promulgated by the
Professional Regulatory Boards in the exercise of their powers and functions or in
implementing the laws regulating their respective professions and other official actions
on non-ministerial matters within their respective jurisdictions;
(d) To administer and conduct the licensure examinations of the various regulatory boards
in accordance with the rules and regulations promulgated by the Commission; determine
and fix the places and dates of examinations; use publicly or privately owned buildings
and facilities for examination purposes; conduct more than one (1) licensure examination:
Provided, That, when there are two (2) or more examinations given in a year, at least one
(1) examinations shall be held on weekdays (Monday to Friday): Provided, further, That,
if only one (1) examination is given in a year, this shall be held only on weekdays:
Provided, finally, That, the Commission is also authorized to require the completion of a
refresher course where the examinee has failed to pass three (3) times, except as
otherwise provided by law; approve the results of examinations and the release of the
provisions of Republic Act Numbered Six Thousand Seven Hundred and Fifty Eight and
allowances including other fringe benefits; and to assign and/or reassign personnel as the
exigency of the service requires subject to the Civil Service laws, rules and regulations;
and to organize or reorganize the structure of the Commission; and create or abolish
positions or change the designation of existing positions in accordance with a staffing
pattern prepared by it and approved by the Office of the President upon the
recommendation of the Department of Budget and Management (DBM) to meet the
changing conditions or as the need arises: Provided, That, such changes shall not affect
the employment status of the incumbents, reduce their ranks and/or salaries nor shall
result in their separation from the service;
(i) To submit and recommend to the President of the Philippines the names of
licensed/registered professionals for appointment as members of the various Professional
Regulatory Boards from among those nominated to fill up vacancies pursuant to the
provisions of Executive Order No. 496, Series of 1991;
(j) Upon recommendation of the Professional Regulatory Board concerned, to approve
the registration of and authorize the issuance of a certificate of registration/license and
professional identification card with or without examination to a foreigner who is
registered under the laws of his state or country and whose certificate of registration
issued therein has not been suspended or revoked: Provided, That, the requirements for
the registration or licensing in said foreign state or country are substantially the same as
those required and contemplated by the laws of the Philippines and that the laws of such
foreign state or country allow the citizens of the Philippines to practice the profession on
the same basis and grant the same privileges as those enjoyed by the subjects or citizens
of such foreign state or country: Provided, further, That, the Commission may, upon
recommendation of the Board concerned, authorize the issuance of a certificate of
registration/license or a special temporary permit to foreign professionals who desire to
practice their professions in the country under reciprocity and other international
agreements; consultants in foreign-funded, joint venture or foreign-assisted projects of
the government, employees of Philippine or foreign private firms or institutions pursuant
to law, or health professionals engaged in humanitarian mission for a limited period of
time: Provided, finally, That agencies, organizations or individuals whether public or
private, who secure he services of a foreign professional authorized by law to practice in
the Philippines for reasons aforementioned, shall be responsible for securing a special
permit from the Professional Regulation Commission (PRC) and the Department of
Labor and Employment (DOLE), pursuant to PRC and DOLE rules:
(k) To authorize any officer of the Commission to administer oaths:
(l) To supervise foreign nations who are authorized by existing laws to practice their
professions either as holders of a certificate of registration and a professional
identification card or a temporary special permit in the Philippines; to ensue that the
terms and conditions for their practice or of their employment are strictly complied with;
to require the hiring or employing government agency or private entity/institution to
secure a temporary special permit from the concerned Board subject to approval by the
Commission and to file a criminal complaint against the head of the government agency
or officers of the said private entity/institution, who shall be liable under the penalty
provided for in the concerned professional regulatory law or the penalty imposed
pursuant to this Act, when the professional was hired and allowed to practice his/her
profession without permit; to file upon due process request for deportation with the
Bureau of Immigration and Deportation (BID); and to supervise professionals who were
former citizens of the Philippines and who had been registered and issued a certificate of
registration and a professional identification card prior to their naturalization as foreign
citizens, who may, while in the country on a visit, sojourn or permanent residence,
practice their profession: Provided, That, prior to the practice of their profession they
shall have first been issued a special permit and updated professional identification card
by the Board concerned subject to approval by the Commission and upon payment of the
permit and annual registration fees;
(m) To monitor the performance of schools in licensure examinations and publish the
results thereof in a newspaper of national circulation;
(n) To adopt and institute a comprehensive rating system for universities, colleges, and
training institutes based on the passing ratio and overall performance of students in board
examinations;
(o) To exercise administrative supervision over the various professional regulatory boards
and its members;
(p) To adopt and promulgate such rules and regulations as may be necessary to effectively
implement policies with respect to the regulation and practice of the professions;
(q) To implement the program for the full computerization of all licensure examinations
given by the various professional regulatory boards including the registration of
professionals not later than the year 2003 and other operations of the Commission;
(r) To investigate and decide administrative matters involving officers and employees
under the jurisdiction of the Commission;
(s) To investigate motu proprio or upon the filing of a verified complaint, any member of
the Professional Regulatory Boards for neglect of duty, incompetence, unprofessional,
unethical, immoral or dishonorable conduct, commission of irregularities in the licensure
examinations which taint or impugn the integrity and authenticity of the results of the
said examinations and, if found guilty, to revoke or suspend their certificates of
registration and professional licenses/identification cards and to recommend to the
President of the Philippines their suspension or removal 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
members of the Professional Regulatory Boards;
(u) To hold in contempt in erring party or person only upon application with a court of
competent jurisdiction;
(v) To call upon or request any department, instrumentality, office, bureau, institution or
agency of the government including local government units to render such assistance as it
may require, or to coordinate or cooperate in order to carry out, enforce or implement the
professional regulatory policies of the government or any program or activity it may
undertake pursuant to the provisions of this Act;
(w) To initiate an investigation, upon complaint under oath by an aggrieved party, of any
person, whether a private individual or professional, local or foreign, who practices the
regulated profession or occupation without being authorized by law, or without being
registered with and licensed by the concerned regulatory board and issued the
corresponding license/professional identification card or temporary or special permit, or
who commits any of the prohibited acts provided in the regulatory laws of the various
professions, which acts are criminal in nature, and if the evidence so warrants, to forward
the records of the case to the office of the city or provincial prosecutor for the filing of
the corresponding information in court by the lawyers of the legal services of the
Commission who may prosecute said case/s upon being deputized by the Secretary of
Justice;
(x) To prepare an annual report of accomplishments on the programs, projects and
activities of the Commission during the year for submission to Congress after the close of
its calendar year and make appropriate recommendations on issues and/or problems
affecting the Commission, the Professional Regulatory Board, and the various
professions under its jurisdiction; and
(y) To perform such other functions and duties as may be necessary to carry out the
provisions of this Act, the various professional regulatory laws, decrees, executive orders
and other administrative issuance.
Section 8. Regional Offices The Commission is hereby authorized to create regional offices as
may be necessary to carry out their functions mandated under this Act.
Section 9. Powers, Functions and Responsibilities of the Various Professional Regulatory
Boards The various, professional regulatory boards shall retain the following powers, functions
and responsibilities:
(a) To regulate the practice of the professions in accordance with the provisions of their
respective professional regulatory laws;
(b) To monitor the conditions affecting the practice of the profession or occupation under
their respective jurisdictions and whenever necessary, adopt such measures as may be
deemed proper for the enhancement of the profession or occupation and/or the
maintenance of high professional, ethical and technical standards, and for this purpose the
members of the Board duly authorized by the Commission with deputized employees of
calendar year and make appropriate recommendations on issues or problems affecting the
profession to the Commission.
Section 10. Compensation of the Members of the Professional Regulatory Boards The
members of the Professional Regulatory Boards shall receive compensation equivalent to, at
least, two salary grades lower than the salary grade of the Commissioners: Provided, That the
Chairperson of the Regulatory Board shall receive a monthly compensation of two steps higher
than the members of the Board, and: Provided, further, That they shall be entitled to other
allowances and benefits provided under existing laws.
Section 11. Person to Teach Subjects for Licensure Examination on all Professions All subjects
for licensure examinations shall be taught by persons who are holders of valid certificates of
registration and valid professional licenses of the profession and who comply with the other
requirements of the CHED.
Section 12. Assistance of Law Enforcement Agency Any law enforcement agency shall, upon
call or request of the Commission or of any Professional Regulatory Board, render assistance in
enforcing the regulatory law of the profession including the rules and regulations promulgated
thereunder by prosecuting the violators thereof in accordance with law and the rules of court.
Section 13. Appropriations The amount necessary to carry out the initial implementation of
this Act shall be charged against the current years 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 14. Authority to Use Income In addition to the annual appropriations of the
Commission provided under the Annual General Appropriations Act, the Commission is hereby
authorized to use its income not exceeding the amount of Forty-five million pesos
(P45,000,000.00) a year for a period of five (5) years after the effectivity of this Act to
implement the program for full computerization of the operations of the Commission, subject to
the usual accounting and auditing requirements.
Section 15. Penalties for Manipulation and Other Corrupt Practices in the Conduct of
Professional Examinations
(a) Any person who manipulates or rigs licensure examination results, secretly informs or
makes known licensure examination questions prior to the conduct of the examination or
tampers with the grades in professional licensure examinations shall, upon conviction, be
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 not more
than One hundred thousand pesos (P100,000.00) or both such imprisonment and fine at
the discretion of the court.
(b) In case the offender is an officer or employee of the Commission or a member of the
regulatory board, he/she shall be removed from office and shall suffer the penalty of
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.
Approved: December 05, 2000
R.A. 6511
AN ACT AMENDING REPUBLIC ACT NUMBERED FOUR HUNDRED SIXTY-FIVE ENTITLED
"AN ACT TO STANDARDIZE THE EXAMINATION AND REGISTRATION FEES CHARGED
BY THE NATIONAL EXAMINING BOARDS, AND FOR OTHER PURPOSES"
Section 1.
Sections one, two, three, four, five and six of Republic Act
Numbered Four hundred sixty-five are hereby amended to read as follows:
"Section 1.
The provisions of existing law to the contrary
notwithstanding, applicants for any of the licensure examinations conducted
by any of the boards under the Office of the Boards of Examiners shall pay
examination fees as follows;
(a)
Accountants
2)
Agricultural Engineers
3)
Architects
4)
Chemical Engineers
5)
Civil Engineers
6)
Customs Brokers
7)
8)
9)
10)
Foresters
11)
Geodetic Engineers
12)
Licensing Contractors
13) Master Marine Officers, except Chief, Second, Third Mates, Major, Minor
or Harbor Bay Lake-River Patrons
(b)
(c)
14)
15)
Mining Engineers
16)
17)
Sanitary Engineers
18)
Seventy-five pesos:
1)
Chemists
2)
3)
Dietitians
4)
Geologists
5)
Medical Technologists
6)
7)
Nurses
8)
Optometrists
9)
Pharmacists
10)
Social Workers
11)
Sugar Technologists
12)
Veterinarians
13)
Midwives
14)
15)
Fifty pesos:
1)
2)
Harbor-Bay-River-Lake Patrons
3)
Minor Patrons
4)
Therapists
5)
Master Electricians
6)
7)
Dental Hygienists
8)
9)
10)
payment has not been made: provided, that after the lapse of five
continuous years from the year it was last paid if the annual registration fee
has never been paid, the delinquent's certificate of registration shall be
considered suspended and his name shall be dropped from the annual roster
for not having been good standing and may be reinstated only upon
application and payment of the fee herein provided for registration without
examination. When a registered practitioner desires to stop practicing his
profession, he shall inform the board concerned in writing within one year
from the time he stopped practicing in order to exempt him from the
payment of the annual registration fee: provided, that when he intends to
resume the practice of his professions, he shall likewise inform the board
concerned in writing and pay the annual registration fee for the current year
without any surcharge and his name shall be reinstated in the annual roster.
The annual registration card, at least for the calendar year immediately
preceding, shall be presented to the collection agent of the Bureau of
Internal Revenue when paying his professional tax and the registration
number, date of issuance and the year shown on the card shall be indicated
on the official receipt as evidence that the payor is authorized by law to
practice the profession.
"Sec. 4. Every applicant for duplicate certificate of registration shall pay a
fee of twenty-five pesos and for certifications or true copies of records with
the official seal of the office or of the board concerned, two pesos for the first
one hundred words and in excess thereof fifty centavos for every one
hundred words or a fraction thereof.
"Sec. 5.
All examination, registration and other fees shall be paid to the
collecting officer of the Office of the Boards of Examiners which shall be
deposited in a special trust account to constitute the professional regulation
special fund and which shall be expended solely for the operational expenses
of the Office of the Boards of Examiners, for compensation of members of
the board and salaries of officials and employees including the hiring of
temporary personnel as the exigencies of the service require, for the
purchase, acquisition and improvement of equipment, furniture, and fixtures,
motor vehicles, sites and construction of building for office spaces and
examination halls, for conducting research to keep the office abreast with
recent trends in regulation of professions and occupations and in all other
matters that would enhance the effectiveness and efficiency of the office.
Sec. 2.
All laws, executive orders, administrative orders, rules and
regulations, or parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.
Sec. 3.
P.D. 541
ALLOWING FORMER FILIPINO PROFESSIONALS TO PRACTICE THEIR
RESPECTIVE PROFESSIONS IN THE PHILIPPINES.
WHEREAS, a considerable number of Filipino professionals have, with the passage of time,
gone to other countries to pursue further studies and/or take up specialized studies in their chosen
fields of endeavor while others emigrated to other lands in search of better job opportunities;
WHEREAS, since their departure from the Philippines some of these professionals have become
naturalized citizens of their host countries so that they are now barred from the practice of their
profession in our country;
WHEREAS, a considerable number of these erstwhile Filipino professionals are now desirous to
come home under the Balikbayan Program and, while here, would like to serve our people or
share their advanced knowledge and expertise with their local professional colleagues;
WHEREAS, for the sake of faster national development our government is now trying to attract
these erstwhile Filipino professionals to return and reside permanently in the Philippines so that
they can provide the talent and expertise urgently needed by the homeland;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of
the powers vested in me by the Constitution, do hereby decree and order the following:
Section 1. The provisions of all existing laws, rules and regulations, decrees, orders, and
instructions to the contrary notwithstanding, professionals who were formerly citizens of the
Philippines and who have previously passed licensure examinations in the Philippines for the
practice of their profession, may, while in this country on a visit, sojourn or permanent residence,
practice their profession: Provided, That they are professional practitioners of good standing
prior to their departure from the Philippines and in their adopted country: Provided further, That
prior to the practice of their profession they shall have first registered with the Professional
license fee; and Provided finally, That they shall pay the corresponding income tax due on all
incomes realized by them in the practice of their respective professions in the Philippines.
Section 2. The Professional Regulations Commission shall promulgate the necessary rules and
regulations to implement and carry out the purposes of this Decree.
Section 3. This Decree shall take effect immediately.
DONE in the City of Manila, this 20th day of August, in the year of Our Lord, nineteen hundred
and seventy-four.