Presidential Decree 223 Creating the professional regulation commission and prescribing it powers and functions Jaymarie Aera Furuc Clarissa Gahol Chriscia.

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Presentation transcript:

Presidential Decree 223 Creating the professional regulation commission and prescribing it powers and functions Jaymarie Aera Furuc Clarissa Gahol Chriscia Gagui Angelica Galapon

Presidential Decree No. 223 Office of the Boards of Examiners Misconstrued as nothing more than an examining unit The regulation of the various profession presently regulated by the Office of the boards of examiners is so extensive, it covers all social an economic life of the country. BUT the existence construed for a number of years now as nothing more than an examining unit

Presidential Decree No. 223 Effectively enforce the laws regulating the various profession. Need to create a three-man Commission to administer, implement, coordinate and supervise Boards of Examiners. The regulation of the various profession presently regulated by the Office of the boards of examiners is so extensive, it covers all social an economic life of the country. BUT the existence

Presidential Decree No. 223 Ordered and decreed by Ferdinand E. Marcos in 1973

Professional Regulation Commission (PRC) Three-man commission attached to the office of the president of the Philippines. Its mandate is to regulate and supervise the practice of the professionals who constitute the highly skilled manpower of the country. Previously called the office of the boards of examiners. It became operatonal on January 4, 1974

Functions of Professional Regulation Commission Quasi-Judicial – Investigates erring examinees and professionals. Quasi-Legislative – Formulates rules and policies on professional regulation. Executive – Administer, implements, and enforces the regulatory policies of the national government. . Its decisions have the force and effect of the decisions of a court of law, with the same level of authority as a Regional Trial Court.   When published in the official gazette, these rules have the force and effect of law. , including the maintenance of professional and occupational standards and ethics and the enforcement of the rules and regulations relative thereto.

Vision of Professional Regulation Commission The Professional Regulation Commission is the instrument of the Filipino people in securing for the nation a reliable, trustworthy and progressive system of determining the competence of professionals by credible and valid licensure examinations and standards of professional practice that are globally recognized.

Mission of Professional Regulation Commission To deliberately, scientifically, and consistently determine the competence of professionals through the provision of professional standards and judicious issuance of professional license.

POWER OF THE COMMISSION

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.

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 licensures 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.

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 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 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;

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 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

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

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

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

Sec.6 POWERS, FUNCTIONS & RESPONSIBILITIES OF VARIOUS BOARDS

Powers, functions and responsibilities of various Boards. Measure and maintenance of high professional, ethical and technical standards Members of the board may inspect different plants , hospitals, etc. where the professionals are being employed.

Powers, functions and responsibilities of various Boards. Investigate violations of their respective laws and rules may issue summons, subpoenas and subpoena duces tecum to alleged violators and witnesses and must be present during investigations or hearings;

Powers, functions and responsibilities of various Boards. 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;

Powers, functions and responsibilities of various Boards. 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;

Powers, functions and responsibilities of various Boards. 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

Powers, functions and responsibilities of various Boards. subject to approval by the Commission determine the appropriate passing general rating if not provided for in the law regulating the profession.