0% found this document useful (0 votes)
89 views15 pages

Ra 9266

The document defines terms related to architecture and the practice of architecture. It establishes a Professional Regulatory Board of Architecture to regulate the profession, including qualifications and functions of the board. It also lists various terms, acronyms, and qualifications relevant to architecture in the Philippines.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
89 views15 pages

Ra 9266

The document defines terms related to architecture and the practice of architecture. It establishes a Professional Regulatory Board of Architecture to regulate the profession, including qualifications and functions of the board. It also lists various terms, acronyms, and qualifications relevant to architecture in the Philippines.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 15

REPUBLIC ACT NO.

9266

March 17, 2004

AN ACT PROVIDING FOR A MORE RESPONSIVE AND COMPREHENSIVE REGULATION


FOR THE REGISTRATION, LICENSING AND PRACTICE OF ARCHITECTURE, REPEALING
FOR THE PURPOSE REPUBLIC ACT NO. 545, AS AMENDED, OTHERWISE KNOWN AS
"AN ACT TO REGULATE THE PRACTICE OF ARCHITECTURE IN THE PHILIPPINES,"
AND FOR OTHER PURPOSES.

DEFINITION OF TERMS
1. Architecture Architecture is the art, science or profession of planning, designing and
constructing buildings in their totality taking into account their environment, in
accordance with the principles of utility, strength and beauty

2. Architect person professionally and academically qualified, registered and licensed


under R.A. No. 9266 with a Certificate of Registration and Professional Identification

3. Architect of Record who is directly and professionally responsible for the total design
of the project for the client

4. Architect In charge of Construction directly and professionally responsible and


liable for the construction supervision of the project

5. Consulting Architectwho is professionally and academically qualified and with


exceptional or recognized expertise or specialization in any branch of architecture

6. General Practice of Architecture the act of planning and architectural designing,


structural conceptualization, specifying, supervising and giving general administration
and responsible direction to the erection, enlargement or alterations of buildings

7. Scope of the Practice of Architecture encompasses the provision of


professional services in connection with site, physical and planning and the design,
construction, enlargement, conservation, renovation, remodeling, restoration or alteration
of a building or group of buildings.

8. Structual Conceptualization act of conceiving, choosing and developing the


type, disposition, arrangement and proportioning of the structural elements of an
architectural work

9. Architectural Firm a sole proprietorship, a partnership or a corporation registered with


the DTI AND/OR SEC and then with the Board of Architecture and PRC;
10. Authorship author or authors of a set of architectural plans or specifications

11. Board refers to the Professional Regulatory Board of Architecture

12. Commission Professional Regulation Commission

13. Service Agreement a duly notarized written contract or equivalent public instrument
stipulating the scope of services and guaranteeing compensation of such services to be
rendered by an architect registered and licensed under R.A. No. 9266

14. Integrated and Accredited Professional Organization existing official national


organization of all architects of the Philippines

15. Continuing Professional Development sustaining and progressive learning process that
maintains, enhances, or increases the knowledge and continuing ability of architect

16. DTI Department of Trade and Industry

17. SEC Securities and Exchange Commission

18. Association any formal grouping of two or more architects or architectural firms
working in joint venture on a project basis.

19. Architectural Company means a juridical entity that shall be synonymous with an
Architectural Partnership registered with the SEC

20. Architecture Corporation means a group of professionals in architecture and allied


professions, incorporated with Architects for the purpose of delivering professional
service in architecture and allied professions

21. Architectural Documents means an architectural drawings, specifications, and other


outputs of an Architect

22. Architectural Interiors a detailed planning and design of the


indoor/enclosed areas of any proposed building/structure

23. Architectural Partnership a group of two or more Architects duly registered with the
SEC and then with the Board of Architecture
24. Architectural Plan two (2)-dimensional representations reflecting a proposed
development /redevelopment of an enclosed/ semi-enclosed or open area

25. Building a structure for the purpose and function of habitation and other uses

26. Certification of Registration PRC ID

27. Code of Ethical Conduct contains the norms and principles governing the practice of
the profession of architecture in the highest standards of ethical conduct

28. Contract Documents

 Special Provisions or conditions


 General Conditions
 Drawings
 Specifications
 Other Bid Documents
29. Copyright intellectual proprietary rights retained by an Architect

30. CPD Providers have been accredited/registered with the Board of Architecture of
the Professional Regulation Commission to deliver seminars, lectures, and other
continuing professional education modules for architects

31. Diversified Architectural Experience post-baccalaureate, pre-licensure experience


of two (2) years required of a graduate of architecture

32. Foreign Architect architect who is not a Filipino citizen nor an Architect registered
and licensed in the Philippines

33. Filipino Counterpartlocal Philippine architect, partnership or corporation that must


work in association with a foreign architect, partnership or corporation, on a project on
Philippine soil

34. Ownership proprietary rights to an architectural work such as plans, designs and other
documents

35. Planning physical planning at site, community or urban level by an Architect

36. Physical Planner physical planning at site, community or urban level by an Architect

37. Physical Planning the detailed physical planning of land or property on which vertical
structures are to be proposed.
38. Professional a person who is registered to PRC.

39. Professional I.D Card a document bearing the registration number, date of
issuance with an expiry date, due for periodic renewal.

40. Site Planning the detailed site development planning of all areas surrounding a
building/structure

41. Sole Proprietorship


individual Architect practicing and delivering architectural services, duly registered with
the DTI, BOA and the PRC

42. Specializationan expertise and special knowledge in the field of architecture

43. Syllabithe outlines embodying topics and concepts of major subjects

44. Technology Transfercontracts or arrangements involving the transfer of systematic


knowledge for the manufacture of a product, the application of a process, or rendering of
a service

45. Sole Proprietorship individual Architect practicing and delivering architectural


services, duly registered with the DTI, BOA and the PRC

46.  Urban Design physical and systemic design undertaken by an Architect on a


community and urban plane.

ACRONYMS
 ARCHITECTURE ACT OF 2004 – R.A. No. 9266
 BOA – Board of Architecture
 CHED – Commission on Higher Education
 CIAC – Construction Industry Arbitration Commission
 CPD – Continuing Professional Development
 DOLE – Department of Labor and Employment
 DTI – Department of Trade and Industry
 IAPOA – Integrated Accredited Professional Organization of
Architects (the same as United Architects of the Philippines, Inc.)
 Intellectual Property Code of the Philippines – R.A. No. 8293
 PCAB – Philippine Contractors Accreditation Board
 PDCB – Philippine Domestic Construction Board Page 7 of 24
 PRB – Professional Regulatory Board (the same as BOA for the
profession of architecture)
 PRC – Professional Regulation Commission
 PRC Modernization Act of 2000 – R.A. No. 8981 (o) SEC –
Securities and Exchange Commission (p) UAP – United Architects
of the Philippines, Inc

PROFESSIONAL REGULATORY BOARD OF ARCHITECTURE: ORGANIZATION,


POWERS, AND FUNCTIONS
Creation and Composition of the Professional Regulatory Board -- composed of a chairman and
2 members appointed by the Pres. Of the Phils. The Board shall be organized from the effectivity
of the Architecture Act of 2004
Qualifications of Members of the Professional Regulatory Board
a) a citizen and resident of the Phils. b.) a holder of a degree in Bachelor of Science in
Architecture c.) be an architect with a valid Certificate of Registration and Professional
Identification Card and active practitioner of architecture for at least ten (10) years d.) not be
a member of the faculty of any school, college, university or review institution (5 yrs prior to
nomination) e.) has never been convicted of any crime involving moral turpitude f.) not be
an elective officer of the Integrated and Accredited Professional Organization of Architects
and other Professional Organization of Architects

Term of Office
a.) Office term of 3 years b.) each member can be reappointed for one full term (3 yrs) c.)
Chairman - 3 yrs 1 member - 2 yrs 1 member - 1 yr d.) incumbent members of the Board
may be appointed as members of the First Board SECTION 7. Powers and Functions of the
Board (a) Prescribe and adopt the “IRR of the Architecture Act of 2004” (b) Supervise the
registration, licensure and practice of architects; (c) Administer oaths (d) Issue, suspend,
revoke, or reinstate the Certificate of Registration and the Professional Identification Card
for the practice of the architecture

Powers and Functions of the Board


 (a) Prescribe and adopt the “IRR of the Architecture Act of 2004” (b) Supervise the registration,
licensure and practice of architects; (c) Administer oaths (d) Issue, suspend, revoke, or reinstate
the Certificate of Registration and the Professional Identification Card for the practice of the
architecture (e) Adopt an official seal of the Board (f) Monitor the conditions affecting the
practice of architecture (g) Prescribe and/or adopt the Code of Ethical Conduct and Standards of
Professional Practice (h) Hear and decide administrative cases involving violations of R.A. No.
9266, the “IRR of the Architecture Act of 2004” (i) Prescribe guidelines for the Continuing
Professional Development (CPD) program (j) Prepare, adopt, issue or amend the syllabi of the
subjects for examinations (k) Approve, issue, limit or cancel temporary or special permit to
practice architecture (l) In coordination with the CHED, ensure that all higher educational
instruction and offerings of architecture comply with the policies, standards and requirements of
the course (m) To adopt a program for the full computerization of the licensure examination.
Administrative Supervision of the Board, Custodian of its Records, Secretariat and
Support Services 
 The Board shall be under the administrative supervision of the Commission. All records of the
Board, including applications for examination, and administrative and other investigative cases
conducted by the Board shall be under the custody of the Commission. The Commission shall
designate the Secretary of the Board and shall provide the secretariat and other support services
to implement the provisions of this Act.

Grounds for Suspension or Removal of Members of the Board


The president of The Phils. Upon The recommendation of The Commission has The power to
suspended a member of the board.
EXAMINATION, REGISTRATION AND LICENSURE
Examination Required
 All applicants for registration for the practice of architecture shall be required to undergo a
licensure examination to be given by the Board in such places and dates as the Commission may
designate in accordance with the provisions of Republic Act No. 8981.
Qualifications of Applicant for Examination

(a) He/she is a Filipino citizen or a citizen of a foreign country qualified to take the examination
as provided for in this Act;

(b) He/she is of good moral character;

(c) He/she is a holder of a degree of Bachelor of Science in Architecture conferred by a school,


college, academy or institute duly recognized and/or accredited by the Commission on Higher
Education (CHED) and in addition has a specific record of at least two (2) years or equivalent of
diversified architectural experience duly certified by a registered/licensed architect: Provided,
however, That an applicant holding a Master's Degree in Architecture from a school, college,
university or institute recognized by the government shall be credited one (1) year in his/her
practical experience; and

(d) He/she has not been convicted of any criminal offensive involving moral turpitude
Subjects for Examination

(1) History and Theory of Architecture; Principles of Planning and Architectural Practice;

(2) Structural Design, Building Materials, and Architectural Specifications, and Methods of
Construction and Utilities;

(3) Urban Design and Architectural Interiors; and

(4) Architectural Design and Site Planning.

Rating in the Licensure Examination


To be qualified as having passed the licensure examination for architects, a candidate must
obtain a weighted general average of seventy percent (70%), with no grade lower than fifty
percent (50%) in any given subject
Report of Ratings
The Board shall submit to the Commission the ratings obtained by each candidate within thirty
(30) calendar days after the examination
Oath
 All successful candidates in the examination shall be required to take an oath of profession
before any member of the Board, any government official authorized by the Commission or any
person authorized by law to administer oaths, prior to entering upon the practice of the
profession.

Issuance of Certificates of Registration and Professional Identification Card


be issued to every registrant who has paid the prescribed fee of annual registration for three (3)
years
Roster of Architects
A roster showing the names and place of business of all registered professional architects shall
be prepared and updated by the Board and copies thereof shall be made available to any party as
may be deemed necessary.
Seal, Issuance and Use of Seal
A duly licensed architect shall affix the seal prescribed by the Board bearing the registrant’s
name, registration number and title “Architect” on all architectural plans, drawings,
specifications and all other contract documents prepared by or under his/her direct supervision
 Indication of Certificate of Registration/Professional Identification Card and Professional
Tax Receipt. 
The architect shall be required to indicate his/her Certificate of Registration and Professional
Identification Card, its date of issuance and the duration of validity, including the professional
tax receipt number, on the documents he/she signs, uses or issues in connection with the practice
of his/her profession.
Refusal to Issue Certificate of Registration and Professional Identification Card
person who has falsely sworn or misrepresented himself/herself in his/her application for
examination or to any person convicted by a court of competent jurisdiction of a criminal offense
involving moral turpitude or guilty of immoral and dishonorable conduct or to any person of
unsound mind.
Suspension and Revocation of Certificates of Registration, Professional Identification Card
or the Special/Temporary Permit
The Board shall have the power, upon notice and hearing, to suspend or revoke the validity of a
Certificate of Registration/Professional Identification Card
Re-issuance or Replacement of Revoked or Lost Certificates of Registration, Professional
Identification Card or Special and Temporary Permit
The Board may, after the expiration of two (2) years from the date of revocation of a Certificate
of Registration, Professional Identification Card or special/temporary permit, and upon
application and for reasons deemed proper and sufficient, reinstate the validity of a revoked
Certificate of Registration and in so doing may, in its discretion, exempt the applicant from

PRACTICE OF ARCHITECTURE (SUNDRY PROVISIONS)


Registration of Architects Required
Registration of Architects Required (a) A person shall have received from the Board a Certificate
of Registration and be issued a Professional Identification Card in the manner hereinafter
provided and shall thereafter comply with the provisions of R.A. No. 9266. (b) A foreign
architect can't practice in our country
Vested Rights. Architects Registered When This Law is Passed
All architects registered at the time this law takes effect shall automatically be registered
ReciprocityRequirements
"foreign citizen" can't take the ALE. or by RECIPROCITY between his country and our country
by presenting letter requesting the Chairman of the Board of Architecture to allow the foreign
applicant to take the exam
Continuing Professional Development
he integrated and accredited professional organization shall have the responsibility of developing
a continuing professional development program for architects
Prohibition in the Practice of Architecture and Penal Clause
(a)presenting or attempting to use as his/her own the Certificate of Registration/ Professional
Identification Card or seal of another or temporary or special permit, or any person who shall
give any false or forged evidence of any kind to the Board (b)shall be guilty of misdemeanor and
charged in court by the Commission and shall, upon conviction be sentenced to a fine of not less
than One hundred thousand pesos (P100,000.00) but not more than Five million pesos
(P5,000,000.00) or to suffer imprisonment for a period not less than six (6) months or not
exceeding six (6) years or both, at the discretion of the Court. (c)Any head of a government
agency or officer(s) of a private firm/institution who violates Section 7 – sub-paragraph (L) of
R.A. No. 8981 shall be punished by imprisonment of not less than six (6) months and one (1) day
to not more than six (6) years, or a fine of not less than Fifty Thousand Pesos (P50,000.00) to not
more than Five Hundred Thousand Pesos (P500,000.00) or both at the discretion of the court.
Prohibition in the Practice of Architecture Misdemeanor
forcing an architect to render services without a written contract. (Fine - Php 200,000 or 6 yrs or
BOTH)

Liability of Representatives of Non-Registered Persons


having a representative or employee seek architectural work in their behalf. Solicitation of
architectural work shall be construed as offering to practice architecture and shall be unlawful for
any non-registered and unlicensed persons to do so.
Signing and Sealing of Architectural Plans, Specifications, Architectural Permit and Other
Contract Documents
It shall be unlawful for any architect to sign his/her name, affix his/her seal, or use any other
method of signature or architectural plans, specifications or other contract documents made
under another architect's supervision, unless the same is made in such manner as to clearly
indicate the part or parts of such work actually performed by the former; and shall be unlawful
for any person, except the Architect-of record shall be fully responsible for all architectural
plans, specifications, and other documents issued under his/her seal or authorized signature.
Ownership of Plans, Specifications and Other Contract Documents intellectual
intellectual property and documents of the architect
Non-Registered Person shall not Claim Equivalent Service

 Persons not registered as an architect shall not claim nor represent either services or work as
equivalent to those of a duly qualified registered architect, or that they are qualified for any
branch or functions of function of architectural practice, even though no form of the title
"Architect" is used.
Collection of Professional Fees
unlawful for any unregistered person to collect a fee for architectural services except as an
employee collecting a fee as representative of a Registered Architect.
Limitation to the Registration of a Firm, Company, Partnership, Corporation or
Association
(a)Registered and licensed architects shall compose at least seventy-five percent (75%) of the
owners, shareholders, members, incorporators, directors, executive officers (b)Such firm,
partnership, association or corporation shall be registered with the Securities and Exchange
Commission and the Board (d) securing special permits from PRC and DOLE * Upon issuance
of the temporary/special permit, the foreign national may become member of the United
Architects of the Philippines, Inc. subject to the rules and procedures of UAP membership.

Coverage of Temporary/Special Permits Foreign


(a) in their country they permit filipino professionals to practice (b) legally qualified to practice
in his own country ( c) with filipino counterpart (d) securing special permits from PRC and
DOLE * Upon issuance of the temporary/special permit, the foreign national may become
member of the United Architects of the Philippines, Inc. subject to the rules and procedures of
UAP membership.
Liability Insurance of a Person or Entity Allowed to Practice
under a Temporary/Special Permit must secure locally their professional liability insurance or
malpractice insurance or their acceptable equivalent in bond form
FINAL PROVISIONS
Integration of the Architecture Profession
National organization accredited by the Board, approval of the Commission
Implementing Rules and Regulations
Within sixty (60) days after the effectivity of this Act, the Board, subject to the approval of the
Commission and in coordination with the integrated and accredited professional organization,
shall adopt and promulgate such rules and regulations, Code of Ethical Conduct and Standards of
Professional Practice, to carry out the provisions of this Act and which shall be effective fifteen
(15) days following their publication in the Official Gazette or in two (2) major daily newspapers
of general circulation.
Appropriations
The Chairperson of the Professional Regulation Commission shall immediately include in the
Commission’s programs the implementation of R.A. No. 9266, the funding of which shall be
included in the annual General Appropriations Act SECTION 43. Act Not Affecting Other
Professionals R.A. No. 9266 shall not be construed to affect or prevent the practice of any other
legally recognized profession.
Act Not Affecting Other Professionals
R.A. No. 9266 shall not be construed to affect or prevent the practice of any other legally
recognized profession
Effectivity
The herein “IRR of the Architecture Act of 2004” shall be, upon approval by the Commission, be
effective after fifteen (15) days following its full and complete publication in the Official Gazette
or in two (2) major newspapers of general circulation

PRC Modernization Act of 2000 (Republic Act 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
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 by
regulatory measures, programs and activities that foster professional growth and advancement.

Professional Regulation Commission 


 A three-person commission to be known as the Professional Regulation Commission shall be
attached to the Office of the President for general direction and Coordination.
The PRC 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 term 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, The chairperson or
commissioner shall be • and has had at least five (5) years of executive or management
experience. • In addition, one (1) of the Commissioners must be a past chairperson or member of
a Professional Regulatory Board.
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.
Powers, Functions, and Responsibilities of the Commission
 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 issuances, 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 jurisdiction 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; approve the results of the
examination and the release of the same; adopt measures to preserve the integrity and
inviolability of licensure examinations; appoint supervisors and room watchers from among
the employees of the government and/or private individuals with baccalaureate degrees who
have been trained by the Commission; d) publish the list of successful examinees; provide
schools, colleges, and universities, public and private, offering courses for licensure
examinations, with copies of sample test questions on examinations recently conducted by the
Commission and copies of the syllabi or terms of specifications of subjects for licensure
examinations; and impose the penalty of suspension or prohibition from taking licensure
examinations to any examinee charged and found guilty of violating the rules and regulations
governing the conduct of licensure examinations promulgated by the Commission; e) To
admit the successful examinees to the practice of the profession or occupation; cause the entry
of their names on its registry book and computerized database; issue certificates of
registration/professional license, bearing the registrant’s name, picture, and registration
number, signed by all the members of the Board concerned and the Chairperson, with the
official seal of the Board and the Commission affixed thereto which certificate shall be the
authority to practice; and at the option of the professional concerned, magisterially issue the
professional identification card, to be used solely for the purpose of identification, upon
payment of the appropriate amount.  f) To have custody of all the records of the various
Boards, including examination papers, minutes of deliberation, records of administrative
cases and investigations and examination results for control and disposition; g) To determine
and fix the amount of fees to be charged and collected for examination, registration,
registration without examination, professional identification card, certification, docket,
appeal, replacement, accreditation, including surcharges and other fees not specified h) To
appoint subject to the Civil Service laws, rules, and regulations, officials and employees of
the Commission necessary for the effective performance of its functions and responsibilities 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, 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 the 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; Provided, finally, that agencies, organizations or
individuals whether public or private, who secure the 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; 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; 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  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,  w) 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; 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.
Person to Teach Subjects for Licensure Examination
All subjects for licensure examination 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 Commission on Higher Education

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;chan
robles virtual law library

(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 perpetual
absolute disqualification from public office to addition to the penalties prescribed in the
preceding section of this Act;

(c) The penalty of imprisonment ranging from four (4) years and one (1) day to six (6) years or a
fine ranging from Twenty thousand pesos (P20,000.00) to not more than Forty-nine thousand
pesos (P49,000.00), or both imprisonment and fine at the discretion of the court, shall be
imposed upon the accomplices. The penalty of imprisonment ranging from two (2) years and one
(1) day to four (4) years or a fine ranging from Five thousand pesos (P5,000.00) to not more than
Nineteen thousand pesos (P19,000.00), or both imprisonment and fine at the discretion of the
court, shall be imposed upon the accessories.

Penalties for Violation 

(1) by Heads of Government Agencies or Officers of Private Entities/Institutions. – Any head of


a government agency or officer(s) of a private firm/institution who violates Section 7 – subpar.
(1) of this Act shall be punished by imprisonment of not less than six (6) months and one (1) day
to not more than six (6) years, or a fine of not less than Fifty thousand pesos (P50,000.00) to not
more than Five hundred thousand pesos (P500,000.00) or both at the discretion of the court.

 Implementing Rules and Regulations


Within ninety (90) days after the approval of this Act, the Professional Regulation Commission,
together with representatives of the various Professional Regulatory Boards and accredited
professional organizations, the DBM, and the CHED shall prepare and promulgate the necessary
rules and regulations needed to implement the provisions of this Act.
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.

You might also like