Republic of the Philippines
PROFESSIONAL REGULATION. COMMISSION (PRC)
Manila
RESOLUTION NO. 06-342 (A)
Series of 2006
NEW RULES OF PROCEDURE IN
ADMINISTRATIVE INVESTIGATIONS IN
THE PROFESSIONAL REGULATION COMMISSION AND THE,
PROFESSIONAL REGULATORY BOARDS
WHEREAS, thete ie an urgent need to revise the existing rules
and regulations governing aominiswatveinvestganons. Mt tne
Professional Regulation Commission (hereafter the "Gommission") and
the Professional Regulatory Boards (hereafter the "Boards" or "Board".
promulgated pursuant to Sec. 7 (d), (p) and (s) and Sec. § (c) of
Republic Act No. 898%, othernise known as the ‘PRC Wodernzation Act
‘of 2000", to achieve a fair. expeditious and inexpensive disposition of
cases ied withthe Commission and the Bosrcs.
NOW, THEREFORE, the Commission resolves to adopt and
promulgate the folowing rules governing 2éminisiratve investigetions in
the Commission and the Boards
ARTICLE|
GENERAL PROVISIONS
Seo. 1. Title, - These Rules shall be known and cited as the ‘New
Rules of Procedure in Administrative Investigations in the Professional
Regulation Commission and tho Professional Recuiatory Boars"
Sec. 2. Scope. - These Rules are issued in the exercise of the
quasl-judicial powers and functions o! the Commission and the cards
pursuant to Republic Act No. 8981, and the laws regulating the various
professions in relation to cases filed against the examinees in the
lcessure examinations, professionals registered with the Commission,
holders of temporary or special permits issued by the Commission upon
‘ecommerdation by the Board concerned, and members o the Boards
‘Sec. 3. Construction. - These Rules shall be liberally construed to
promiote the objective of a just, speedy and inexpensive determination of
cases. The Commission and the Boards shall mot be bound by
‘echricaltes but shall proseed to heer and decde cases na most
expeditious manner to determine the facts o! each case consisent with
Justis and equity.
‘Sec. 4. Nature of Action. - The administrative investigations shall
be fact-tinding and summary in nature, without prejudice. however, to
the due process of law, and imended primanly to determine f the
rescondent is morally and technically qualified to be admitted to his
profession, to practice or continue to practice his profession, of continue
to bo a member of the Board.
Sec, 5, Rules of Evidence. - Uniess othornise provided in those
Rules, the rules on evidence under the Rules of Court shall be
applicable in the administiative Investigations but technical errers in the
admission of the evidence which do not prejudice the substantive rights
of the parties shall not vitate the proceedings.
2 BH NEW PILES OF PRGERDLRC Te ANTSTRATRE ERT
peteSec. 6. Jurisdiction. - Service of summons with a copy of the
formal charge or complaint shall vest the Commission or the Board with
jurisdiction over the person of the respondent and the power to hear and
decide the case even if he subsequently leaves the Philippines or fals to
‘appear dung the hoarings of the case.
Sec 7. Due Process. - The respondent shall be informed of the
charge against him and shall be entitled tq be represented by counsel or
tbe heard in person, to have a speady end public tra, 1o confront and to
cross-examine witnesses against him andkte all other righis guaranteed
by tne Consttution
See 8 Rules of Procedure, - Te Puls shal unter appl
10 administrative investigations ronchicted io the Central Oftiea and in
the Regional Ottices of tho Commission.
Sec. §. Prohibited Pleadings and Motions. - The tolowing
Pleadings, motions and petitions shall not be allowed by the Commission
‘or the Board and shall be considered mete scraps of paper in the cases
coveted by these Rules:
‘Molin io dismiss the ccmpaini eXeept an the ground of lack of
|urseicton over the subject matiar ortho percen ofthe respondent
2 Motion fora Billet Parteulare;
8. Motion for new tral or for reopening of ial
4 Pettion for elie trom judgment;
5 Motion for extension of ta ta tle pleaags, affidauts or any other
opens:
5 Second or subsequent motions fo reconsideration;
7
‘Appeal 01 petition for cetiorai, madam, cr profibtion aga
‘nlelocuty Ider issued by ke Commission ar ne Hoard
8 Mixion to dectare the tespendent in cetaut,
8__Diatory mations tor postponement,
10. Roply and ejoinserand
3. Demumerto eviene
Sec 19. Delegation of Hearing. - Tho hearing ot the
administrative case may be delegated by the Gommission or the Board
to any lawyer of he Commission of official of the Resional Oifice in
charge of handing administrative cases. The lanyers of the Cammiss on
may act as elther hearing officers or special prosecutors motu proprio
investigations. In_adcition thereto, lawyers 0! the Commission
mompbars of the Boards may administer oath as may be necessat
taking the testimony of a party or a witness in connection wth any
investigation.
The lawyer of the Commission or any member of the Board shall have
the power to exciude from the hearing room any person, party, witness
Of legal counsel who, curing the hearing, disrupts ihe proceedings or
Conducts himself in a dsorderly manner. Such person, pary, witness or
egal counse! may be cited for contempt if he stil creates disturbance
Sutside the hearing room thet causes disruption of the proceedings
Sec. 11. Presence of Board Members. - The prosonce of &
‘momber of the Board shell be required in cases invulviny the pracive
the profession. However, such prasenca may be waived upon
agreement by both partios,
2D CEDURE W AOUIETEA NE IRPESTOATION®‘Sec. 12. Pendency of Another Case, - The fing or pendency of
a criminal and/or civil case before a coustyot law or an administrative
Case before another quasi sical body against an examinee, registered
professional, holder of a temporary or special permit or a member of the
Board involving the same facts as in the adhinistrative case tiled or to
be filed before the Commission or the Board shall neither suspend rior
tar the proceedings of the latler case. The Commission or the Boarc
shall proceed independently with the investigation of the case and shall
render therein ts decision without awaiting the final decision of the court
‘or tho quect judicial Body
Ses. 19. Cases Covered, - The adiminisitative investigations st
Include Out shall not be limited to the following grounds.
Imimeral o- Eshonoieble conduct,
Unorolessional or unethical conduck
Ieseni
Cavaco oa exrinaloeneo raging moral tpt;
1
5 Gross negligence or incompetonco in tha practcn oi profession:
8. Use or perparation of fraud or deceit in the acquistton of Cetficete
Of Registaton/Protessional License, Temaorary ot Soecial Fern)
Professional Idenificaton Card (PRGIO Card), STW Genttcate ot
Gampetency ard Ercorsement Cariteat:
7 Violation of any oF the provisions of Republic Ast No. 8981, he laws
Feguiatra the various profeesons, tnqir implementing ruled. anc
Fogulatons and their coda of ethics:
8. Neglect of cuty
‘Commssion of ireoulattes in the lcensure examinations wt
‘or impugn the legit ofthe examination, crvisiaton of any rule or
regulation poverting such examinations: and
20 Shieh thor eaueo of eaucae ae may bo provded by lw
Sec. 14, Imposable Penalty. - if found guilty, the erring
professional registered with the Commission, holder of a temporar
special permit or a member of the Board shall be meted the ocnally of
Fepiimard, suspension or revocation ot his certficate of
eaistrationiprofessional icense or permit.
In the case of a guilty member of the Board, the Commission chall alco
Fecommend to the President of the Philippines his suspensior
removal from office, as the caso may bo.
In case of an examinee found guilly of the charge leveled against him
the imposable penalty shall be cancellation of his examination papers
andior debarment from taking a licensure examination
Soc. 18. Contempt, - A contempt committed against the
Gomimission or the Boate or any member thereof. or a lewyer cf tho
Commission may be fled with the Regional Trial Gourt having terrtcr a
juisciction over the offce of tho Commission or the Board and shall be
‘governed by the applicable provisions of the Rules of Court
Any one whe, without lawul excuse, tala to appear upon
summons'subpoene issued under the authority of the Commission o:
the Board or who, while appearing before the Commission or ihe Board,
Fefuses to take an oath, give testimony cr produce documents ior
inspection when lanfully required.