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Republic Act

CREATING THE PROFESSIONAL REGULATION COMMISSION AND PRESCRIBING ITS POWERS AND FUNCTIONS.

Number
Presidential Decree No. 223
Date of approval
Sections
11
Preamble

WHEREAS, the regulations of the various professions

presently regulated by the Office of the Boards of Examiners is so extensive,

practically covering all social and economic life of the country;

WHEREAS, the existence of the Boards of Examiners is

misconstrued for a number of years now as nothing more than an examining unit,

though all the professional laws creating the various Boards have charged them

with the supervision and regulation over the professional practice in the

Philippines; and

WHEREAS, to effectively enforce the laws regulating the

various professions, there is an urgent need to create a three-man Commission to

administer, implement, coordinate and supervise the various Boards of

Examiners;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers vested in me by the Constitution as

Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to

Proclamation No. 1081, dated September 21, 1972, and General Order No. 1, dated

September 22, 1972, as amended, do hereby order and decree:

Section 1Professional Regulation Commission.

SECTION 1. Professional Regulation Commission. —

There is hereby created a three-man Commission to be known as the Professional

Regulation Commission which shall be attached to the Office of the President for

general direction and coordination.

Section 2Composition.

SEC. 2. Composition. — The Commission shall be

headed by one fulltime Commissioner and two fulltime Associate Commissioners,

all to be appointed by the President for a term of nine (9) years without

reappointment to start from the time they assume office, except the first two

Associate Commissioners who shall be appointed, one for six (6) years and the

other for three (3) years, and thereafter, any vacancy in the Commission shall

be filled for the unexpired term only with the most senior of the Associate

Commissioners succeeding the Commissioner at the expiration of his term,

resignation or removal. No person shall be appointed chairman or member of the

Commission unless he is at least forty (40) years of age, familiar with the

principles and methods of professional regulation and/or licensing and has at

least (5) years of executive or managerial experience.

Section 3

SEC. 3. Exercise of powers and functions of the Commission.

The Commissioner, who shall be the Chairman of the Commission, and the Associate

Commissioners as members thereof shall, as a body, exercise general

administrative, executive and policy-making functions for the whole agency.

Section 4

SEC. 4. Compensation. The Commissioner shall receive an

annual compensation of forty-eight thousand pesos (P48,000) with five hundred

pesos (P500) commutable transportation and representation allowances and the

Associate Commissioners, thirty-six thousand pesos (P 36,000) each with three

hundred and fifty pesos (P350) commutable transportation and representation

allowances.

Section 5

SEC. 5. Powers of the Commission. The powers 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 occupation under its jurisdiction including the 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 issuances as may be

necessary in the execution and implementation of its functions and the

improvement of its services;

c) To review, coordinate, integrate and approve the policies, resolutions,

rules and regulations, orders or decisions promulgated by the various Boards

with respect to the profession or occupation under their jurisdictions including

the results of their licensure examinations but their decisions on

administrative cases shall be final and executory unless appealed to the

Commission within thirty (30) days from the date of promulgation thereof;

d) To administer and conduct the licensure examinations of the various Boards

according to the rules and regulations promulgated by it; determine and fix the

places and dates of examinations; appoint supervisors and room examiners from

among the employees of the Government or private individuals who have been

trained by the Commission for that purpose who shall be entitled to a daily

allowance of not less than ten pesos (P10) for every examination day actually

attended; use the buildings and facilities of public and private schools for

examination purposes; and approve the release of examination results;

e) To keep and maintain a register of the authorized practitioners of the

profession or occupation; issue certificates of registration or licenses signed

by all the members of the Board concerned and the Commissioner with the official

seal of the Board affixed;

f) To have custody of all the records of the various Boards including their

examination papers, minutes of deliberation, records of administrative cases and

investigations and examination results;

g) To determine, fix and collect the amount to be charged for examination,

registration, registration without examination, licenses, annual registration

fees, certifications, surcharges and other fees not specified under the

provisions of Republic Act No. 6511 or amend the rates provided

thereunder subject to approval by the Office of the President;

h) To appoint, subject to the provisions of existing laws, such officials and

employees of the Commission as are necessary in the effective performance of its

functions and, responsibilities, prescribe their duties and fix their

compensation; and to organize or reorganize the structure of the Commission,

create or abolish positions, change the designations of existing positions to

meet changing conditions or as the need therefor arises: Provided, That

such changes shall not affect the employment status of the incumbents, reduce

their ranks and/or, salaries nor result in separating them from the

services;

i) To submit and recommend to the President of the Philippines nominees for

appointment as members of the various Boards from among those nominated by the

bona fide professional organizations accredited by the Commission to fill

existing or probable vacancies;

j) The Commission may, upon the recommendation of the Board concerned,

approve the registration of and authorize the issuance of a certificate of

registration with or without examination to a foreigner who is registered under

the laws of his country: 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

the subjects or citizens of such foreign state or country: Provided,

finally, That the applicant shall submit competent and conclusive

documentary evidence, confirmed by the Department of Foreign Affairs, showing

that his country's existing laws permit citizens of the Philippines to practice

the profession under the rules and regulations governing citizens thereof. The

Commission is also hereby authorized to prescribe additional requirements or

grant certain privileges to foreigners seeking registration in the Philippines

if the same privileges are granted to or same additional requirements are

required of citizens of the Philippines in acquiring the same certificates in

his country;

k) The Commission shall have general supervision over foreign nationals who

are authorized by existing laws or granted special permits to practice their

professions temporarily in the Philippines to see that the terms and conditions

for their employment are strictly observed and adhered to;

1) To prescribe or revise, in conjunction with the Board concerned and the

Secretary of Education and Culture or his authorized representative, collegiate

courses the completion of or graduation from which shall be a prerequisite for

admission into the practice of the profession concerned;

m) To exercise general supervision over the members of the various

Boards;

n) To promulgate such rules and regulations as may be necessary to

effectively implement policies with respect to the regulation and practice of

the professions;

o) To perform such other functions and duties as may be necessary to carry

out effectively the various provisions of professional regulatory laws, decrees

or orders.

Section 6

SEC. 6. Powers, functions and responsibilities of various

Boards. The various Boards shall retain the following powers, functions and

responsibilities:

a) To look from time to time into 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 a Board may

personally or through subordinate employees of the Commission conduct ocular

inspection or visit industrial, mechanical, electrical or chemical plants or

works, hospitals, clinics and other engineering works where registered

practitioners of the profession or occupation are employed or are working for

the purpose of determining compliance with the provisions of laws relative to

the practice of the profession or occupation or as an aid in formulating

policies relative thereto in accordance with the established policies

promulgated by the Commission;

b) To investigate violations of their respective laws and the rules and

regulations promulgated thereunder and for this purpose may issue summons,

subpoena and subpoena duces tecum to alleged violators or witnesses thereof and

compel their attendance to such investigations or hearings;

c) To delegate the hearing or investigation of administrative cases filed

before them except in cases where the issue involved strictly concerns the

practice of the profession or occupation, in which case the hearing shall be

presided by at least one member of the Board concerned assisted by a legal or

hearing officer of the Commission;

d) To promulgate decisions on such administrative cases subject to review by

the Commission. If after thirty (30) days from the receipt of such decision no

appeal is taken therefrom to the Commission, the same shall become final and

immediately enforceable;

e) Subject to review by the Commission, to approve registration without

examination and the issuance of the corresponding certificates of

registration;

f) After due process, to suspend, revoke or reissue certificates of

registration for causes provided for by law or by the rules and

regulations promulgated therefor;

g) To determine and prepare the contents of licensure examinations; score and

rate the examination papers and submit the results thereof to the Commission

within one hundred twenty (120) days after the last examination day unless

extended by the Commission; and, subject to approval by the Commission,

determine the appropriate passing general rating if not provided for in

the law regulating the profession.

Section 7Names of various Boards.

SEC. 7. Names of various Boards. — The names of the

various Boards shall be changed by the Commission by deleting the word

"Examiners."

Section 8Transfer of personnel, funds, records, etc.

SEC. 8. Transfer of personnel, funds, records, etc.

—The present office of the Boards of Examiners, its personnel, funds, records,

supplies, equipment, materials, furniture, and fixture are hereby transferred to

the Commission.

Section 9Repealing clause.

SEC. 9. Repealing clause. — The provisions

of Republic Act No. 546 are hereby repealed as well as those of other pertinent

laws inconsistent herewith.

Section 10Effectivity.

SEC. 10. Effectivity. — This Decree shall take

effect immediately.

Done in the City of Manila, this 22nd day of June, in the year of Our Lord,

nineteen hundred and seventy-three.

(Sgd.) FERDINAND E. MARCOS

President

Republic of the Philippines

By the President:

(Sgd.) ROBERTO V. REYES

Assistant Executive Secretary

11 sections

Cite this law

CREATING THE PROFESSIONAL REGULATION COMMISSION AND PRESCRIBING ITS POWERS AND FUNCTIONS. (Official Gazette). Retrieved via LawPlayer, https://lawplayer.com/ph/act/pd-223

Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).

No copyright in works of the Government (RA 8293 s.176)

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