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This page features the full text of
Republic Act No. 8050
Revised
Optometry Law of 1995
AN
ACT REGULATING THE PRACTICE OF OPTOMETRY, UPGRADING OPTOMETRIC
EDUCATION,
INTEGRATING OPTOMETRISTS, AND FOR OTHER PURPOSES.
REPUBLIC
ACT NO. 8050 AN
ACT REGULATING THE PRACTICE OF OPTOMETRY, UPGRADING OPTOMETRIC
EDUCATION,
INTEGRATING OPTOMETRISTS, AND FOR OTHER PURPOSES.
Section
1. Title. — This Act shall be
known and cited as the "Revised Optometry Law of 1995."
Sec.
2. Declaration of State Policy.
— The State recognizes the essential role of optometry as a profession
in safeguarding and enhancing the health and general physical
well-being
of the citizenry.Optometric services
shall therefore be promoted as a regular component of the primary
health
care system.
Sec.
3. Definition of Terms. — As
used in this Act, the following terms shall be defined as follows:
(a) "Optometry"
— The science and art of examining the human eye, analyzing the ocular
function, prescribing and dispensing ophthalmic lenses, prisms, contact
lenses and their accessories and solutions, low vision aids, and
similar
appliances and devices, conducting ocular exercises, vision training,
orthoptics,
installing prosthetics, using authorized diagnostic pharmaceutical
agents
(DPA), and other preventive or corrective measures or procedures for
the
aid, correction, rehabilitation or relief of the human eye, or to
attain
maximum vision and comfort.
chan
robles virtuallaw library:nadchan
robles virtuallaw library:nad(b) "Optometrist"
— A person who has been certified by the Board of Optometry and
registered
with the Professional Regulation Commission (PRC) as being qualified to
practice optometry in the Philippines.
(c) "Optometrist
in good standing" — A registered optometrist who is authorized to
practice
the profession in the Philippines by virtue of a valid certificate of
registration
and a valid professional license issued by the PRC for the purpose.
(d) "Diagnostic
pharmaceutical agents" — Specific topical drugs used to aid
optometrists
in their examination of the human eye.Until
otherwise specified by the Board of Optometry, upon approval by the
Secretary
of the Department of Health (DOH) upon the recommendation of the Bureau
of Food and Drugs (BFAD), these agents shall be limited to the
following:
(1) Phenyleprine2.5%
ophthalmic drops;
(2) Tropicamide0.5%
ophthalmic drops;
(3) Proparacaine0.5%
ophthalmic drops;
(4) Oxybuprocaine
HCL0.4% ophthalmic drops; and
(5) Fluorecein
strips.
(e) "Certificate
of registration" — A document signed by the Commissioner of the PRC and
by all members of the Board of Optometry and bearing its seal, issued
to
an applicant who has satisfied the requirements for the practice of
optometry.It
shall serve as proof that the registrant is qualified to practice the
profession
in the Philippines.
chanrobles virtuallaw libraryred(f) "Professional
license" — A renewable card, issued by the PRC to a registered
optometrist,
indicating that he is competent and authorized to practice optometry in
the Philippines. Until the
loss of its validity or its expiration, such license shall serve as
evidence
that its bearer is an optometrist in good standing.chan
robles virtual law library
(g) "Code
of professional ethics" — A set of standards relating to the conduct,
integrity
and moral duties of optometrists, as prescribed by the duly integrated
and accredited national organization of optometrists and adopted and
promulgated
by the Board of Optometry upon the approval by the PRC.
THE
PRACTICE OF OPTOMETRY
Sec.
4. Acts Constituting the Practice
of Optometry. — Any of the following acts constitute the practice of
optometry:
(a) The
examination of the human eye through the employment of subjective and
objective
procedures, including the use of specific topical diagnostic
pharmaceutical
agents or drugs and instruments, tools, equipment, implements, visual
aids,
apparatuses, machines, ocular exercises and related devices, for the
purpose
of determining the condition and acuity of human vision to correct and
improve the same in accordance with subsections (b), (c), and (d)
hereof;chanrobles virtuallaw libraryred(b) The
prescription and dispensing of ophthalmic lenses, prisms, contact
lenses
and their accessories and solutions, frames and their accessories, and
supplies for the purpose of correcting and treating defects,
deficiencies
and abnormalities of vision;
(c) The
conduct of ocular exercises and vision training, the provision of
orthoptics
and other devices and procedures to aid and correct abnormalities of
human
vision, and the installation of prosthetic devices;
(d) The
counseling of patients with regard to vision and eye care and hygiene;
(e) The
establishment of offices, clinics, and similar places where optometric
services are offered; and
(f) The
collection of professional fees for the performance of any of the acts
mentioned in paragraphs (a), (b), (c), and (d) of this section.
Sec.
5. Prohibition Against the Unauthorized
Practice of Optometry. — No person shall practice optometry as defined
in Section 3 of this Act nor perform any of the acts constituting the
practice
of optometry as set forth in Section 4 hereof, without having been
first
admitted to the practice of this profession under the provisions of
this
Act and its implementing rules and regulations: Provided, That
this
prohibition shall not apply to regularly licensed and duly registered
physicians
who have received post-graduate training in the diagnosis and treatment
of eye disease: Provided, however, That the examination of the
human
eye by duly registered physicians in connection with the physical
examination
of patients shall not be considered as practice of optometry: Provided,
further, That public health workers trained and involved in the
government's
blindness prevention program may conduct only visual acuity test and
visual
screening.chan
robles virtual law library
chanrobles virtuallaw libraryred
Sec.
6. Disclosure of Authority to
Practice. — An optometrist shall be required to indicate his
professional
license number and the date of its expiration in the documents he
issues
or signs in connection with the practice of his profession.He
shall also display his certificate of registration in a conspicuous
area
of his clinic or office.
THE
BOARD OF OPTOMETRY
Sec.
7. The Board of Optometry. —
There is hereby created a Board of Optometry, hereinafter referred to
as
the Board, composed of five (5) members who shall be appointed by the
President
of the Philippines, upon the recommendation of the PRC, from a list of
ten (10) nominees submitted by the duly integrated and accredited
national
organization of optometrists.
Sec.
8. Minimum Qualifications of
Board Members. — Only persons possessed with the following
qualifications
may be nominated and appointed to the Board:
(a) A
natural-born citizen of the Philippines;chanrobles virtuallaw libraryred(b) A
duly registered optometrist of good standing;
(c) At
least thirty-five (35) years of age at the time of his appointment;
(d) Of
good moral character; and
(e) In
active practice of the profession for at least ten (10) years prior to
his appointment: Provided, That a person who is a member of the
faculty, whether full time, part time or lecturer of any school,
college
or university where a regular course in optometry is taught, or who has
any pecuniary interest, directly or indirectly, in such an institution
must forego his membership in said faculty or relinquish his interests
in said institution before or upon taking his oath as a member of the
Board: Provided,
further, That an officer of any optometric association is
disqualified
from being appointed to or serving in the Board.
Sec.
9. Term of Office. — The members
of the Board shall hold office for a non-renewable term of five (5)
years,
starting on the date of appointment and until their successors shall
have
been appointed: Provided, however, That the first appointee to
the
Board, who may include the incumbent members of the existing Optometry
Board, shall hold office as follows:the
chairperson for five (5) years and the four (4) other members for fixed
terms of four (4), three (3), two (2), and one (1) year/s, such that
the
term of one member shall be due to expire every year.Thereafter,
one member shall be appointed for the full term every year and such
member,
in the last year of his term, shall automatically become the
chairperson
of the Board.Vacancies brought about
by reasons other than expiration of term shall be filled for the
unexpired
portion of the term only.
chanrobles virtuallaw libraryred
Sec.
10. Removal or Suspension of
Board Members. — Any member of the Board, after having been given the
opportunity
to defend himself in a proper administrative investigation conducted by
the PRC, may be removed by the President of the Philippines for neglect
of duty, incompetence, malpractice, or unprofessional, unethical,
immoral
or dishonorable conduct.During the
process of investigation, the President of the Philippines may suspend
such member under investigation for a period of not more than sixty
(60)
days and appoint a temporary member in his place.
Sec.
11. Compensation of Board Members.
— The members of the Board shall each receive compensation in
accordance
with the rules and regulations of the Professional Regulatory
Commission.
Sec.
12. Functions and Powers of the
Board. — The Board is hereby vested with authority to:
(a) Promulgate
the rules and regulations for the practice of optometry, subject to the
approval of the PRC and in accordance with the provisions of this Act;chanrobles virtuallaw libraryred
(b) Administer
and enforce the rules and regulations specified in the preceding
section;
(c) Determine
and prepare the contents of licensure examinations, adopt measures to
ensure
its integrity, check and rate the examination papers and submit the
results
thereof to the PRC;chan
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(d) Formulate
and oversee, in consultation and coordination with the PRC, guidelines
for the proper conduct of licensure examinations and the registration
of
optometrists;
(e) Issue,
suspend, revoke and reissue certificates of registration to qualified
optometrists
and renew their professional licenses;
(f) Impose
reasonable requirements and conditions, such as attendance in
continuing
education activities and programs, for the renewal of an optometrist's
license to practice and for the purpose of upgrading the professional
competence
of optometrists;
(g) Maintain
a registry of optometrists in good standing;
(h) Adopt,
promulgate and disseminate the Code of Ethics for the practice of
optometry
in the Philippines;
(i) Administer
oaths in connection with the implementation of this Act;
(j) Conduct
hearings and investigations to resolve complaints against practitioners
of optometry for malpractice, unethical and unprofessional conduct, and
violations of this Act or its implementing rules and regulations, and
in
connection therewith, issue subpoena ad testificandum and subpoena
duces
tecum and punish with contempt persons obstructing, impeding and/or
otherwise
interfering with the conduct of such proceedings;
(k) Conduct
ocular inspections of establishments and/or premises where optometric
services
are offered to ascertain that professional standards are complied with;
(l) Upon
application, to issue an order enjoining or abating the illegal
practice
of optometry by unqualified persons;
(m) Impose
fines and penalties, after due process and in accordance with the
provision
of this Act, for causes provided for by law or by the rules and
regulations
promulgated therefor;
(n) Evaluate
periodically the status of optometric education and recommend and/or
adopt
measures to upgrade and maintain its high standards;
(o) Update
the list of topical diagnostic pharmaceutical agents, specifically
mydriatics,
cycloplegics, miotics, anesthetics and diagnostic dyes, that may be
used
by optometrists, subject to the approval of the Department of Health
and
the Bureau of Food and Drugs; and
(p) Study
the conditions affecting the practice of optometry in all parts of the
Philippines, and, whenever necessary, adopt such measures as may be
deemed
proper for the maintenance of good ethics and high professional
standards
of optometric practice.
Sec.
13. Quorum in Board Meetings.
— The attendance of three (3) members shall constitute a quorum for the
Board to officially transact business.
chanrobles virtuallaw libraryred
Sec.
14. Votes Required in Administrative
Cases. — To render a decision in an administrative case for unethical
practice,
malpractice, immorality, dishonesty, and related charges affecting the
professional fitness and integrity of an optometrist, the vote of three
(3) members must be obtained: Provided, That in case members
are
disqualified to vote by virtue of their relation to or interest in any
of the parties or voluntarily inhibits themselves from participating in
the proceedings, the Board shall designate, with the approval of the
Commission,
an optometrist in good standing who is respected in the optometric
community
for their probity and integrity to sit in the Board, participate in the
proceedings and vote on the case.
Sec.
15. Supervision of the Board
and Custody of its Records. — The members of the Board shall be under
the
general supervision of the PRC. All records, including examination
papers,
examination results, minutes of deliberations, records of
administrative
cases and investigation of the Board shall be kept by the said
Commission.
Sec.
16. Annual Report. — The Board
shall, at the end of each calendar year, submit to the Commission an
annual
report of its activities and proceedings during the year.Other
information or data may be requested by the Commission as often as may
be necessary and practicable.
THE
OPTOMETRIC BOARD EXAMINATIONS
Sec.
17. Licensure Examination. —
Every applicant seeking to be registered as an optometrist shall
undergo
an examination as provided in this Act.Examinations
for the practice of optometry in the Philippines shall be given by the
Board at least once every year in such places and dates as the PRC may
designate.chan
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Sec.
18. Scope of Examination. — The
Board of Optometry shall prescribe the scope and prepare the contents
of
the licensure examination.In the
discharge of this function, the Board shall take into account recent
developments
in optometry as well as the academic standards imposed by the
Commission
on Higher Education on educational institutions which offer a course in
optometry.cralaw:red
Sec.
19. Requirements for Examination
of Applicants. — To be eligible to take the licensure examination in
optometry,
the applicant must be:
(a) A
Filipino citizen;chanrobles virtuallaw libraryred(b) Of
good moral character;
(c) A
holder of a degree of Doctor of Optometry (O.D.) obtained from a
school,
college, university or institution duly accredited by the government
after
passing at least a six-year course offering the following minimum basic
subjects: mathematics, general and organic chemistry, practical and
mechanical
optics, psychology, physics, physiological optics, pharmacology,
theoretic
optics, practical optometry, sociology, applied psychology, general
anatomy,
physiology, general histology, and embryology, ocular anatomy and
physiology,
general pathology, ocular pathology, biochemistry, microbiology,
clinical
optometry, theoretic optometry, contact lens practice, orthoptics and
vision
training, neuro-optometry and visual fields, research methods,
optometric
ethics and jurisprudence, optometric economics and practice management,
hygiene, sanitation and public health optometry and low vision and
pediatric
optometry.
Sec.
20. Minimum Passing Level. —
In order that the candidate may be considered to have successfully
passed
the examination, he must have obtained a general average of at least
seventy-five
percent (75%) in all subjects, with no rating below fifty percent (50%)
in any subject.
Sec.
21. Report of the Result of the
Examination. — The Board shall report the ratings obtained by each
candidate
to the PRC within sixty (60) days after the last examination day,
unless
extended by the Commission. The
PRC shall cause the publication of the names of successful candidates
in
alphabetical order, without the ratings obtained by each, within sixty
(60) days of the date the Commission receives the aforementioned report
from the Board.chan
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Sec.
22. Additional Requirement for
Reexamination. — Any applicant who, for the third time, fails to pass
the
board examination shall not be allowed to take the next succeeding
examination
without submitting to the Board proof that he has taken a refresher
course
in a duly accredited institute.
REGISTRATION
AND LICENSURE OF OPTOMETRISTS
Sec.
23. Oath of Optometrists. — All
successful examinees shall be required to take their oath before the
Board
or before any person authorized to administer oaths prior to the
issuance
of the certificate of registration: Provided, however, That the
applicant is not disqualified under any of the provisions of Section 24
hereof.
Sec.
24. Disqualification. — The following
applicants shall not be allowed to take their oath as optometrists nor
issued certificates of registration:
(a) Those
who do not possess the qualifications set forth in Section 19 of this
Act;chanrobles virtuallaw libraryred(b) Those
who fail to pass the Optometry Board licensure examination;
(c) Those
who have been convicted by final judgment of any crime involving moral
turpitude by any court;
(d) Those
who have been found guilty by the Board of immoral or dishonorable
conduct;
and
(e) Those
who have been declared to be of unsound mind.
Such
fact of disqualification shall be communicated by the Board to the
applicant
by written statement, which statement shall form part of the records of
the Board.
chanrobles virtuallaw libraryred
Sec.
25. Registration. — The PRC shall
register successful examinees who have taken their oath and thereafter
grant them professional licenses to practice optometry.The
certificate of registration shall be considered as evidence that the
registrant
is qualified to practice optometry in the Philippines.
Sec.
26. Revocation of Certificates
and Suspension of Professional Licenses. — The Board may, after giving
proper notice and hearing to the party concerned, revoke an
optometrist's
certificate of registration or suspend his license to practice for any
unprofessional or unethical conduct, malpractice, or violation of any
of
the provisions of this Act or its rules and regulations, or upon the
conviction
of the optometrist of a crime involving moral turpitude.
Sec.
27. Appeals. — The revocation
of a certificate or suspension of a professional license by the Board
shall
become final unless appealed to the PRC within fifteen (15) days from
receipt
of the decision.chan
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Sec.
28. Reinstatement, Reissuance
or Replacement of Certificates. — The Board may, upon application and
for
reasons deemed proper and sufficient, reinstate any suspended
certificate
of registration, or issue another certificate in lieu of one previously
revoked, and in so doing it may, in its discretion, exempt the
applicant
from taking another examination.
A
new certificate to replace any certificate lost, destroyed or mutilated
may be issued subject to the rules that may be implemented by the Board.
Sec.
29. Renewal of Professional Licenses.
— All licenses shall be renewable every three (3) years and shall be
considered
renewed only upon satisfying the requirements imposed by the Board,
such
as attendance in continuing education programs and payment of the
corresponding
fees as may be fixed by the Board in accordance with the schedule of
fees
fixed by the PRC.
OPTOMETRIC
EDUCATION
Sec.
30. The Technical Panel on Optometric
Education. — To attain the objective of upgrading optometric education
in the Philippines, the Commission on Higher Education, pursuant to
Section
12 of Republic Act No. 7722 shall, within sixty (60) days after the
approval
of this Act, convene and organize a technical panel on optometric
education. For
this purpose, senior practitioners, specialists, academicians in the
field
of optometry and a representative from the accredited national
organization
of optometrists shall be appointed and tapped to assist in the
following:chan
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(a) Setting
a minimum standard curriculum for the study of optometry to be
implemented
in all schools offering optometry as an undergraduate course and degree;chanrobles virtuallaw libraryred(b) Establishing
teaching standards, including the qualifications of members of the
faculty
of schools and colleges of optometry;
(c) Monitoring
the progress of the program on the study of optometry and undertaking
measures
or the attainment of a high quality of optometric education in the
country;
and
(d) Evaluating
periodically the performance of educational institutions offering
optometric
education for the purpose of granting accreditation and incentives as
well
as for the imposition of sanctions when warranted.
Sec.
31. Competence in Pharmacology.
— Persons who have been admitted to the practice of the profession
prior
to the passage of this Act must take a course in pharmacology to be
prescribed
by the Commission on Higher Education and pass a special certification
examination to be administered by the Board before they are allowed to
use specific diagnostic pharmaceutical agents.
chanrobles virtuallaw libraryred
PROHIBITED
ACTS AND PENALTIES
Sec.
32. Prohibited Acts. — The following
acts are prohibited:
(a) Giving
false or forged evidence of any kind to the Board or to any member
thereof
for the purpose of obtaining a certification of registration or a
professional
license;chanrobles virtuallaw libraryred(b) Assumption,
use or advertisement by a person, not holding a valid certificate of
registration
and a valid professional license in accordance with this Act, of a
description,
in connection with his name or title, tending to convey the impression
that he is a duly registered optometrist;
(c) Any
form of advertisement in media outlets giving information and
impression
to the public that the particular optometrist is better than the
others,
is collecting lower professional fees or selling cheaper frames or
lenses;
(d) The
use of diagnostic pharmaceutical agents by an untrained optometrist, in
violation of Section 31 hereof, whether or not such use results in
injury
to the patient;
(e) The
use by any optometrist of pharmaceutical agents other than those which
he is authorized to use;
(f) Engaging
in unauthorized practice of optometry as defined in Section 5 of this
Act;
andchan
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(g) Violation
by any person, whether natural or juridical, of any of the provisions
of
this Act and the rules and regulations promulgated for its effective
implementation.
Sec.
33. Penal Provisions. — The commission
of any of the prohibited acts listed in the immediately preceding
section
shall be punished with imprisonment of not less than one (1) year but
not
more than eight (8) years, or a fine of not less than Ten thousand
pesos
(P10,000.00) but not more than Forty thousand pesos (P40,000.00), or
both,
at the discretion of the court.
In
addition, the administrative penalties specified in Section 26 hereof
shall
be imposed whenever applicable.
If
the violation is committed by an association, partnership, corporation
or any other institution, the managing officers and other persons
responsible
for its commission shall be liable for the penalties provided for in
this
Act.
PROFESSIONAL
AND ETHICAL STANDARDS
Sec.
34. Foreign Reciprocity. — No
foreigner shall be admitted to the optometric board examinations unless
he proves in the manner prescribed by the Rules of Court that by
specific
provision of law, the country of which he is a citizen, subject or
national,
either admits Filipino citizens to the practice of optometry without
restriction,
or allows them to practice optometry after an examination on terms of
strict
and absolute equality with citizens, subjects or nationals of said
country,
including the unconditional recognition of prerequisite degrees
prescribed
by the Commission on Higher Education: Provided, however, That
the
Board, upon approval by the PRC, may grant a special permit to a
foreign
optometrist to practice the profession in this country whether or not
reciprocity
exists between his country and the Philippines and under such
conditions
as may be determined by the Board, if such foreigner is internationally
known to be an outstanding expert in the profession or a well-known
specialist
in any of its branches, and that his services will promote the
advancement
of the profession in the Philippines.The
Board is also hereby authorized to prescribe, upon approval by the PRC,
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 certificate in his country.
Sec.
35. Rules and Regulations. —
The Board shall set professional standards for the practice of
optometry
in the Philippines and adopt such rules and regulations as may be
necessary
to carry out the provisions of this Act, subject to the approval of the
PRC.Such standards, rules and regulations
shall take effect thirty (30) days after its publication in the
Official
Gazette or any newspaper of general circulation.
Sec.
36. Integration of Optometrists.
— In order for every optometrist to contribute to his profession and to
bear his share of professional responsibilities, all optometrists shall
be encouraged to join and be integrated into one national organization
which shall be recognized by the Board and the PRC.Every
optometrist, upon registration with the Board, may become a member of
the
integrated national organization.Those
who have been registered with the Board before the effectivity of this
Act may register as members of the integrated organization within three
(3) years after said effectivity.chan
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Sec.
37. Purposes. — The integrated
national organization of optometrists shall promulgate the Code of
Ethics
for the practice of the profession, define the professional
responsibilities
of its members, ensure adherence to said professional ethics and
responsibilities,
improve the standards of the profession and enable all optometrists to
discharge their public responsibility more effectively.
Sec.
38. Membership Fees and Dues.
— All members shall be subject to the payment of reasonable fees and
dues
for the effective discharge of the purposes of the integrated national
organization.An optometrist shall
receive the benefits and privileges appurtenant to his membership only
upon payment of the required membership fees and dues.
Sec.
39. Other Organizations. — The
integration of optometrists into one national organization shall not
prohibit
the creation of other associations of optometrists organized by
individual
optometrists themselves.
Sec.
40. Code of Professional Ethics.
— The Board shall adopt the Professional Code of Ethics promulgated by
the integrated national organization of optometrists: Provided, That
such
Code provides that it is the duty of an optometrist to:
(a) Consider
as his primary responsibility the visual welfare of the public;chanrobles virtuallaw libraryred(b) Promote
the best possible standards of professional care;
(c) Enhance
continuously his theoretical and practical proficiency;
(d) Render
his services with equal diligence to all, regardless of race, creed or
status;
(e) Respect
the confidential nature of information concerning those he serves; and
(f) Refer
for medical or other professional attention where the need is indicated.chan
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The
Board shall also distribute the Code of Ethics of the Optometric
Profession
in the Philippines to all new optometrists during their oathtaking.
chanrobles virtuallaw libraryred
Any
act or omission which violates this Code shall be considered as
unethical
conduct and shall be suspended or prohibited from the practice of
optometry,
in accordance with Section 26 of this Act.
MISCELLANEOUS
PROVISIONS
Sec.
41. Separability Clause. — If
any provision of this Act or the application of such provision to any
person
or circumstances is declared invalid or unconstitutional, the remainder
of this Act or the application of such provisions to other persons or
circumstance
shall not be affected by such declaration.
Sec.
42. Repealing Clause. — This
Act repeals and supersedes Republic Act No. 1998, otherwise known as
the
Optometry Law.All other acts, executive
orders, rules and regulations, or parts thereof inconsistent with the
provisions
of this Act are hereby repealed or modified accordingly.chan
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Sec.
43. Effectivity Clause. — This
Act shall take effect fifteen (15) days after its publication in the
Official
Gazette or two (2) national newspaper of general circulation.
Approved:
June 7, 1995
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