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PRESIDENTIAL DECREE NO. 223
PRESIDENTIAL DECREE NO. 223 -
CREATING THE PROFESSIONAL REGULATION COMMISSION AND PRESCRIBING ITS
POWERS AND FUNCTIONS
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WHEREAS,
the regulations of the various profession presently regulated by the
Office of the Boards of Examiners is so extensive, practically covering
all social and economic life of the country;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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:cralaw:red
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 2. Composition. — The Commission shall be
headed by one full time Commissioner and two full time 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 five (5) years of executive or managerial experience.
Section 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. 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 (P36,000) each with three hundred fifty pesos (P350)
commutable transportation and representation allowances.
Section 5. Powers of the Commission. — The powers of
the Commission are as follows:cralaw:red
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 maintenance of professional and
occupational standards and ethics and the enforcement of the rules and
regulations relative thereto;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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 examination 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; chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
e) To keep and maintain a register of 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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
h) To appoint, subject to the provisions of existing
laws, such as officials and employees of the Commission as are
necessary in the effective performance of its functions and
responsibilities, prescribed 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 separating them from the
services;chanroblesvirtualawlibrary
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; chanroblesvirtualawlibrary
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 requirement 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 subject 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 this 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 some additional requirements are required
of citizens of the Philippines in acquiring the same certificates in
his country;chanroblesvirtualawlibrary
k) The Commission shall have general supervision over
foreign nationals who are authorized by existing laws or granted
special permits to, practice their profession temporarily in the
Philippines to see that the terms and conditions for their employment
are strictly observed and adhered to;chanroblesvirtualawlibrary
l) 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;chanroblesvirtualawlibrary
m) To exercise general supervision over the members
of the various Boards;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
Section 6. Powers, functions and responsibilities of
various Boards. — The various Boards shall retain the following powers,
functions and responsibilities: chanroblesvirtualawlibrary
a) To look from time to time into the condition
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 and in formulating policies relative thereto in
accordance with the established policies promulgated by the Commission;chanroblesvirtualawlibrary
b) To investigate violations of their respective laws
and the rules and regulations promulgated thereunder and for this
purpose may issue summons, subpoenas and subpoena duces tecum to
alleged violators or witnesses thereof and compel their attendance to
such investigations or hearings;chanroblesvirtualawlibrary
c) To delegate the hearing of 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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
e) Subject to review by the Commission to approve
registration without examination and the issuance of the corresponding
certificates of registration;chanroblesvirtualawlibrary
f) After due process, to suspend, revoked or reissue
certificates of registration for causes provided for by law or by the
rules and regulations promulgated therefor;chanroblesvirtualawlibrary
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 7. Names of various Boards. — The names of
the various Boards shall be changed by the Commission by deleting the
word "Examiners."
Section 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 9. Repealing clause. — The provisions of
Republic Act No. 546 are hereby repealed as well as those of other
pertinent laws inconsistent herewith.
Section 10. Effectivity. — This Decree shall take
effect immediately. chanroblesvirtualawlibrary
Done in the City of Manila,
this 22nd day of June, in the year of Our Lord, nineteen hundred and
seventy-three.
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