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 peteSec. 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.Sec. 16. Affidavit of Proof of Service. - All pleadings filed with the Commission or the Board must be accompanied with an affidavit of reo! of service upon the adverse party. A pleading without the affidavit ‘of ptoo! oF service shall not be accepted by the Commission or the Boars ARTICLE 11 RULES OF PROCEDURE. Ses. 1. Complaint. - A complaint shall be in writing and under ‘oath of embodied in an affidavit Sec, 2, Who May File. - The complaint may be filed by any Porson, firm, partnership, association or corporation, through its iy werizeri raptrsentalive. The Commiccion of the Boacd may, atu Prooro, initiate an administrative investigation. in which case. h omplanant shall be the offiea, section or division of the Commission where the respondent committed the actionable conduct or violation of he rule or tegulation of tne Commission othe Board, ‘See. 3. Language and Contents. - The comolaint must be wrt in a.cloar, simple and concise language so as 10 apprise the respondent of the nalure and cause of the charge against him and to enable tim to intoligontly prepare his defense or answer. The complaint shail contain the following Full names and complete addresses of the complainant and the ropondert 2 The fespondert’s ccolession together win his Ceriteata. a! Regstraton of License or perm! rumoer and date of iscuance lable a In case tha respondent complained of is an examinee, the ‘2vamination bo has applied foro: iaken, and the detelstheveo A oret navoton ot the «aerial faLis wick SHUW ts 2 omissions allegedly commited by tne tesponden! cansttiting the charge, offense or cause of action The discpnary action prayed tr, and Gertie true cepias of documontary idence, are the afidlait's of ‘vinossiosif any Sec. 4. Number of Copies. - The complaint, together with sho documentary evidenos and affidavit’s of witness/es, if any, stall be fied in such number as there are respondents, plus two (2) copies for the file The atfidavitls required to be submitted shall state facts only of direct personal knowledge to the aifiant and shall show the compstence of he attiant to testify to the matters stated therein. A violation of the foregoing fequirement shall be @ ground tor expunging the affidavit or portion thereot trom the record, Sec. 5. Where to File a Complaint. - & complaint may be filed t the Legal and Investigation Division (Legal Division} of the Central Ofice OF ai the Kegional Oftice of the Commission having territoral jurisdiction ver the parties at the option of the complainant. ‘Sec. Venue. - Uniess the parties have agreed that a particular Regional Office shall be the venue of the proceedings, tha verue 0! the zction 8shal be the Regional Otis within whose tortion jareclteon the corpainant or ‘ie respondont resides, atthe option ofthe complainant, provided thatthe Office has a lanyer ors Director or Otfcern-Charge is awyet lr case of complains fled dreciy wih he Reganel Orie, the lator shal ver ty whet te coneemad Board nas jurseition ever the parson cf tho reepordent aod (et the subjact matter, through avalablereeo(as in ts possession. Oe se. | vetlcalion shal bo made wit he Cental Ofc. Sec. 7. Withdrawal of the Complaint. . A complaint may b> xithdrawn by the complainant in writing ‘and under oath before the case is submitted for decision. The Commission or the Board shail forthw th dismiss the case unless the Commission ot the Board shall deam t necessaty to ignore the withdrawal and to prosccute the case in th intorest of the public or for the puntection of the standarse of tho profession arin view of the obvious mert of the case Sec. 8, Issuance of Summons. - On the basis of the complaint the Commission or the Board: shall issue a summons requiring ihe Fosponcent to file his counter-alfidavit or verilied answer within fitoon (15) days from receipt thereof with notice that unless the respondent so answers, the complainant shall be allowed by the Commission or tne Board to present his evidence ex-parié ‘and the Commission cr the Board shall render judgment on the basis tnereot, See. 8. Counter-Aifidavit or Verified Answer. - The courte affidavit or verified answer with the documentary evicenae and affidavt s of wiinessies, it any, to be filed by the respondent pursuant to Sec 8 above shall also inclutie 2 statement incicating whether or not he ele: a formal investigation or waives his right thereto and submis ¢ for decision based on the pleadings, A copy of the counter-aifdavit or veriied answer shall be solved simultaneously upon the complainant not later than titteen (15) days ‘rom rocaipt of the cummeno. Sec. 10. Failure to Serve Summons. - tho complcint shell be dismissed, without prejudice, by the Commission or the Bo ne Summons canriot be served upon the respondent after three (3) attempts to serve. Sec. 11. Order of Default. - Failure of the respondent to file His counter-aftidavit or verified answer within ‘itteen (15) days trom his feceip! of summons shall be consined as @ waiver to fie the same Thereupon, the Commission or the Board shall issue an order of de‘auit ape allow the complainant to present his evidence, and render judgment on the basis thereo! Seo, 12. Service of Summons. - Sesvce ci surmons shal be mass the: personal or by mal et the last known or registered addass ofthe respondent as indicated in the complant. f service cannot be mado personally, tay oe sted by leaving a copy tereot al the respondents residence wil Some pers 0 sulable 292 anc discretion thon reeding therein, Whenever the address of tho respondent unknow and cannot Be ascar diigent neuiy, service of surmmens may, by leave of he Gonnissien ota be fasted upon him vy yobluatn N's heaspaper 0! nationwide efculaioe Such places ard for such lime as the Commission or tha Board may ordor. Such Service may be proved by 19 aca ofthe printer, he foersan at pivspal cles af the editor, business or adverising manager, fo woh afidavt a putlicaten shal be at se ony ot Meaffidavit showing the Geposit of a copy of the summons and order publication in the post office, postage prepaid, direcied to the Tespondent by registered mailto his last known address. Sec. 13. Service of Notices, Motions, Orders, Judgments, Appeals and Pleadings. — (2) Service of notices, orders, motions, judgments, aopeals, pleadings and other elated papers may be made either peiscraly oy y mal lhe ast ‘oem of registered accesses of he respectve counsal ct rasa ct tna ‘complarrant and the respondent. senice caret be made personel. i may be eflectad by leaving a copy thereo! al the counsel's oice wit some responsible verson in charbe ofthe courses clfice between the hours ol eight (@) im the morning and, ve (6) in the stemeer Ary Glarue tt he AOUless or te counsel'o! record’ shal be tepcrtod iting tothe Commission oro tha Board IF services rot made percoraly, sonie® by reoistered mai shal & Fequirod if rgisry service exists nthe locally. Otherwise. s2vice may bbe made by depositing a copy ofthe pleasing, mation, order, judg ¢ pape 19 be served in the post of. n a Sead envelope, pisny ‘2ddessau tothe party's counsel at ns otice, known, othenmes at he fesidence, if known, wth postage fuly prepaid and vr insitucions ‘0 ‘Ws postmaster to retum tho mai t0jRe sender aller fen (10) days Undelivered: 7 Porsonal sanice shall be considered comolete uccn actual detvery. Sewsice by ordinary mall shall be compete upan the expitaton of ion (10) days alte: maitrg, Sere by repstered mal shall no complete Upon actual reosin by ine party cancemed. but i he fale to Gaim he ‘mail fom the pest oftco witin fwe (6) Gaye fom the dete othe frst fovice ot the postmaster, sonic, shall take effect al the expration of such tma; and (2) Somvica on courselis service on a pay whorn sald couse ooresenis Soc. 14. Motions for Postponement. - Notcns for postecnament which shall be in writing, chall be eerved upon the Commissio ur ile Board and all parties conoemed at least five (5) days prot 10 the scheduled hearing sought to be posiponed. A party may be granted a maximum af cnly thres (3) postconemerts suring the whole pracooding. A further postoonement sought by party after availing of the said three (3) postponements shall be dericd Faure on his pan to appear at the scheduled hearing shall be Considered @ waiver of his right to cross-examine the ‘witnesses presented by the other party or lo adduce his evidence. Each posipenement shall not exceed fiftesn (15) days. Sec. 18, Pre-trial Conference. - The Commission or the Boare shall set the case for a pre-trial conference within thirty (30) days irom Feceint of the counter-atidavit or verified answer. Tho notice of pre tal Conference shal be served upon the parties’ counsel of record, arc the counsel served with such notice is charged with the duty of notifying the Barly represented by him. The pre-trial conference shall be mandatory Sec, 18. Matters to be Considered. - Quring the oretrial conference, th parties chall soncider ang carce on the following (a) Possibly cf amicable setlenent, if alowable ib WASTE WHET(b) Stipulation of tacts; (©) Simpitation of issues; {6}. Identication arc masking of extibits; (©) Liming the number of winesses, thar names ard the substance of {her respentvetasimanos Dates of al whien snail Be completed within ninety (60) days tram Sia ef the presortatio of evidenae bye the pay i] Agrooment to dispense wth he presence of & member of the Boara 1 bases involving the practise of the profession: and Such other inatets as may aid nthe prompt dspositon ot the case Such as barring bresoniaten of adeiional cotoborative winescos or Socumenis when they wil no longer ada weight to tho evcerce aleady presented Sec 17 Failure to Appear at Pre-trial Cunterence. - The tailure Of the complainant and/or his counsel to agpear at the pre-tral Conference shall be @ ground for the dismissal of the case. A similar failure on the pair of the respondent andior his counsal to appear at the fre-trial conference shall be a cause to allow the complainant to prose his evidence ex-parte and the Commission or tho Board shall rencer 2 ecision in accordance with the evidence oresented Sec. 18. Summary Judgment. - if the parios caree to dispens With the hearing of the case and submit the case for decision based on the pleadings fled. they may submit their respective position papers ‘ouether with the annexes which must be orginal or cenvfed true copies {ummishing each other copies thereof, within fitteen (18) days irom the Cate oj the previial conference. The Gommission ar the Board. shail ‘ender a summary judgment within sixty (80) days ftom the exprstion of the fiteen (15) day perioa Sec. 19. Prectrial brief. - At least tnroa (3) days before the date ot the pre-trial conference, the parties shall fle with the Commissicn or the Seard thor reapactve yne~tlal utle's which shall contain, amore oiners 8) A Sialeinert of that wlingnoss ts ents inio an gineabie vovteriont indlcaing he deste tarme theres, allonabla, ©) A summary of aomted facts and proposed stpulaten ofc: ©) The eves fo be tied or resoMet 1) The doosments 9° exis tobe cantesponding marcegsthersof 2) The ruber, names and complete adikesses of na wincesles, and the Substance of thor respective teslimones, era *) The dates of hearing, thre be a need ter further hearing to comet {he testimonial evidence which shall nol ba more than rinely 90) reve from start ol the prosentaten ol evderce by eit pair, Any resetvalion by either parly to present his other witnessies. or Secuments than those specified in his pre-tiial brief is profibtee ane shall 01 be allowed by the Commission or the Board, Faure to timely file the pre-trial brief shall have the same effect as ‘allure to appear at the ore-iral conference under Sec. 17 above Seo. 20, Pre-Trial Order. - Within fifteen (15) cays ‘rom temmination of the pre-trial ronferenea, the. Commision or tite Dust Shall fssue a pre-trial order which shall recite in detail the stpulatione and admissions by the parties, Presented, static the purpase ana the GPK ATEand other matiers taken up in the pre-tial coplerence. The pre-trial orcier shall exolicitly define and limit the issues to be tried should the action proceed to trial, The contents of the prejirial order shall govern the subsequent proceedings of the case. unless modified before trial by the ‘Commission or the Board to prevent manifest injustice, Seo. 21. Trial or Hearing. -,Unless the Gommission or the Board for special reasons otherwise ciretts, the inal or hearing shall be limited to the issues siated in the pre-tial order and shall proceed as follows (a) Tho complanant shall gresont evidenoo in suppor cf his complaint subject to the pre-iial ocer or agteemant (2) Gross exarsnation of the complainant ty the respondent, fllowed by re-chect examnaton cf the complainant ard e-cross examnatin Cy Ine respongor The respondent shal present evidence in supgort of his defence subject to the pre-tal oder or agreomert (@) Gross examination of te respondent by the complainant. flowed by rect examinalion of Hi respondent arc re-cross examinalion by the complainary, ‘The testimanies ct ne wingsses, € any, of te partes shall follow the oave sequerosiare i Tho gatas may ade eb dence sujet ic the discretion 2 the Commissioner the Soars." A question and answer type alfdt submited by a pany or 2 witness and properly identified and affirmed by him shall constitute his direct testimony which shall be subject to erose-examinaton By the cppeste party. The affidavit shall be exounged from the records shouk fal to testy See. 22, Continuous Hearings until Termination. - Trials or hearings shall bs conducted en the dates set and aeteod upon during the pre-trial conference. The schedule of trials or hearings so set and auieed upan stall be sinet folowed whoutfurter noice if the counsel for a party fails or refuses to appear during the other party's presentaiion of evidence despite due notice, such a oresentation af evidence by the sa party shall proceed ex parte anc the absent counsel shall Be deemed to have waNed hs right to oross-oxamine ti witness/es presented at that scheduled heating. Sec 23 Appoaranee and Withdrawal of Counsel. course! shall manifeat in wring Fis appearance either for the complainant o” te Fespondeni, stating ris {ul namo, curont Integrated Bar of the Philpones receipt, Roll of Altomeys and Prolessiona) Tex Recap numbers and complete address where he can be served with notices and pleadings Any appearance or pleading of a councel wihout complying with the aGove requirements shall noi be recognized. Ary ‘wihdraneal of counsel shat Gein wing wth tne contormiy et the Day he represerta, copy fursned the other pry Sec 24 Request for Subpoena. - | a party deares ‘he attendance of a witness or the production of documents in a hearing, he sali make a written request to the Commission or the Board for the issuance of the necessary subpoera ad ‘esiffcandum or subocena ices leeum, at least tn (10) days betore the scheduled hoanr, e) 0 aifiantSec, 26. Issuance of Subpoena. - The Commission or the Board through the hearing officer may issue the requested subpoena aa festf'canoum to compel the attendance of witnessies or subocena ices tecumm 10 compel the produetion of documents or thines. Sec. 26, Decision. - The Commission or the Board shall decide the case within stxly (60) Gays trom the date of the order admitting the evidence for the respondent. A pary may file his memorandum withir twenty (20) days from the date of receipt of such order, but shall not i any way extend the sixly (60)-day period for rendering the cecsion by the Commission or the Board. ‘The decision shall be in writing and shall be signed oy at least a majority cf the members of the Commission ar the Board, unless 2 unanimous decision 's required by taw. it shall contain clearly and distinctly the findings of facis and of law on which the sad dec'sion is based. I+ the Complaint is eased on a draach of law, rules and regulations or ethics i the profession, the same shall also be stated in the decision. See. 27. Motion for Reconsideration. - A par'y aggrieved by a decision. order or tesolution may file a motion for reconsideration theres within fifteen (15) days from receipt of the decision. Only one motian for Yeconsitleration shall be entertained. A second or subsequent motion for ‘ecorsideraton shall not be acted upon by the Commission ar the Soard and shall be considered a mere scrap of paper A motion to extend the reglementary period to file a motion reconsideration shall nat be allowed, No motion for roconsideration shall be entertained unless i be ‘or any ct the fellowing causes (2) Fraud, 2 dont, mistake, or excusable negligence which ordinary prudanco could not have quarced aganst and by reason of whion me ‘ger eves nary has wrodably bacn impair at hic nigh bb) Newly siscovered evidence which he could not with reasonable iigence, have discovered ane produced at a heating, ard which * [resented would protsniy ata te resul |) Iimposiion of excossve penalty, ot insutficenoy of the evidence tc lusty the decision, or that the decision 's against ihe law or rot fccordanes withthe facts eresenied Sec 28. When Motion Deemed Filed. motion ‘or Feconsideration sent by mail shall be deemed filed on the date shown by the posimark on the envelope which shal be attached to the Scords ot the case and in case of personal celvery, the date stamped thereon. ARTICLE It VIOLATION OF INSTRUCTIONS TO EXAMINEES, OR LAW, RULES OR REGULATIONS GOVERNING LICENSURE EXAMINATIONS Sec. 1, Complainant. - The complainant shall be the otfice section or unit of the Commission which initiates the action or where the Fespondent-examines commits an infraction of violation of the law. rules ‘ang regulations, insiructions or policies of the Commission of the BoarsThe acmisrative vectgation against the oxarineas bolo tho Board chal be without proudee to the coreurent authory of the Commission to hear anc investgate such cases of vinabons of law, examination rules and regulations 0} insructions 1 examinees fn scministrave action agains an examinos shal sommenes with a fermal ‘which shall be writen ia a clear, simple and concise language 50 as to apprise hin of the native and cause of the complaint against fim and to enable him 10 ineligeniy plepare his defense. ‘See 2, Whore to Filo tho Complaint, The documents shown: violation by an examinee of ary law, instructions fo examinees or ot rules and regulations of the Commission or the Board designed ‘0 preserve the integrty and credibility of the licensure examinations may bo filed oy the Examination Divisign or the Rating Division o! the Licensure Office with the Legal Divisién of the Central Office, or with th Rog ional Office of the Commission having territorial jurisdiction over the place where the examinee resices. Sec. 2 Administrative Case ‘Number. - In admiristiative investigations of violatons of law, instructions to exemrinees oF rules and regulations governing examinations, the administraiive case numer Shall be preticed with a later °L' (0.9. L-06-1) Sec. 4. Action on the Complaint. - On the basis of the documents submitted to the Legal Division, the Commission or the Board shail issue the formal charge requiring the examinee to file his counter-aifidavit or veritied answor with documentary evidenge and affidavi’s of witnessies, it any, for his defense, within ffieen (15) da fram his receipt thereo!. The counter-affidavit or verified answer shal include 2 statement indicating whether or not he elects a formal investigaton or waves his night thereto and submits the case fo: decision based on the evidence on hand Lipon issuance nt a formal charge, tho recule oF the creminetion taken by the examina shal be withheld perging the cutcome of the imvestgation. In cose the resus ol tne examination have bean released and he casses the exarinelor shall rot uo getmited fo take an oath ard register in he rl cl professional. In any ‘event, a Suocessiul exaininee shell not be alowed to register and be iscued & sertfcate of tegstalion or ierse 19 practice hisher profession during tho pendency of such investigation Sac. 5. Sorvice of Formal Charge. - The formal charge shall be served through registered mail on the declared permanent addcase ct tho examinee in his Computerized Application Form (CAFy/Action Shee: Peuranent Examination and Regisiraton Record Card (PERRG) and Identification Answer Sheets for the particular Icensute examination Service by registered mail at such address shall be complete upon actual receipt by the examinee, but if he fails to cizim hs mail from the post office, service shall take effect upon the expiration of five (5) day: from the date of frst notice of the postmaster. Sec. 6. Counter-Affidavit or Veritied Answer. - The court affidavit or verified answer which shall be filed by tho oxaminee shall incluse. the documentary evidence, alfvavil uf statement mentioned in Sec. 4 hereo! Sec. 7. Failure to Filo a Counter-Affidavit or Verified Answer. ~ Failure of the examinee to file his counter-afidavit or ventied answer within fiteen (75)days trom his receipt of the formal charge shall be construed as a waiver thereof and Commission or the Board shall render a dacision based on the complaint and documentary evidence. Sec. 8. Proceedings. - In Regional Ofices where there is a lawyer ‘of the Commission, the appointment of @ spacial prosecutor shall Do Gispensed inith and the lawyer shall proceed with the hearing of the case by receiving the evidence of the examinee. Tho procesdings shal 02 recorded. Whenever applicable, the procedures provided under Artcie tI cf these Rules shall be observed. . Sec. 8. Promulgation of the Decision. - The Commission or the Board shall render the decision within sixty (60) days from the date o} Service of the formal charge, should the examinoo waive a formal investigation, or within five (5) months from the date of such service should the examinee opt for a formal investigation, ARTICLE IV APPEAL Seo. |. Appeal; Period Non-Extendible, - The decision, order 0 Yesolution of the Board shall be final and executory after the lapse of fifteen (18) days from receipt of the decision. order or resolution without an appeal being perfected or taken by either the respondent or the complainant. A party agarieved by the decision, order of resolution may ile @ nofice of appeal Irom the decision, order or resolution of the Board 0 the Commission within fiteen (15) days ftom ieceipt thereo', and serving upon the adverse party a notice of agpeal together with the appellants brie! or memorandum on appeal, and paying the appeal and legal research fees, Failure to sorve upon tho adverse party the notce of ‘appeal and the appellants brief or memorandum on appeal within the \vule nes laty period to eppeal shall be a ground tor the dismissal of the appeal The jiling of 2 motion for reconsideration suspends the running of the reglementary period of fifteen |15) days to appeal The running of the appeal period resumes trom the date the appellant receives an crcier from the Board denying his motion for reconsideration, The period for perfecting the appeal shall be non-extendible, Sec. 2. Appeal and Legal Research Fees. . Upon tiing of the nrotiva of appeal, the appeltant shall pay the appeal and legal 1eseerc. fees. Failure to pay the appeal and legal research 008 within the period for appeal shall be a ground for the dismissal of the anpeal. Sev 3. When Appeal Deemed Filed. - A notice of aopeal sent by ‘mail shall be deemed filed cn the date shown by the pasimark on the envelope which shall bp attached to the records of the case and in case of personal delivery, the date stamped thereon. Sec 4. Evaluation of Appeal. - Before a decision, order o fesolution rendered by the Boar is elevated on appeal to tho Cinmission, the Board shall, through the lawyer assigned 10 the case. first asceriain whether or not the nolice af appeal together with the appellants briel of memorandum on appeal was filed and the appeal ana legal research fees were paid within the reglemeniary perod filteen (15) days RC NEA RULES PRifthe notice of appeal together nith the appellant's brief or memorandum on appeal was filed andior the appeaband legal research fees were p2ic cut of time. the Board shall issue an order denying the appeal arc records ct the caso shall be consigned to the arches. lithe notice of appeal tocether with the appeltant’s brief or memorandum ‘on appeal was fled and the appeal and legal research fees were pad within the reglemeniary period, the Board shall issue an order giving due course to the apoeal and the records of the bese shall be forwarded to the Commission with atrarsmittal form. ¢, 5. When Appeal Perfected. ‘To pertect an appeal. the appellant shall file the following within fteen’ (15) days from receipt ct the Boar's derision, nrrtor or resolution appaied trom: Notice of appeal which shal stato the specie matorial dates showing ‘ati was flee on time: Three (3) leable copies of appetants briet cr memorandum on ‘appeal which shall set jon concisely @ Statement of the matters involved. the issues raised, the spégiication of artars of tect or aw ‘or bah. allagealy committed: by the Beard ané tho rescore ot ‘arguments relise upon fo" the allowance of the appeat Afidaut of proct of sorvice of copy! of the appallan’s memorandum on appedl upon the adverse party and Olficial veceiet of payment of the appeal ard legal researc! atlachedto the notice ol appesl Failure of the appellant to comply with any 01 the foregoing requirement shall be a sufficient grourd for the dismissal ofthe appeal Set 6, Elevation of the Records to the Commission. The dosket officer of the Legal Division shall forward to the Commission the complete fecords of the case within five (6) days aiter the appeal is perlected. The records of the case shall be in two (2) folders containing ‘ne (1) copy each of the papars or documents of the cass Pror to trar'smital to the Commission, the coriplete tecords of the case Shall have a table of contents, chronologically arrangeo and numer‘cally paged or numbered starting with the frst page of the complaint or the document in support of the formal charge as number one (1), and successively in accordance with the date the dacumeni was placea on fle or receives by the Legal Division. The same shall be securely ocuns to prevent any loss of document. Return cards (evidence of mailing to the counsel of record or to the party if not represented by course) shall bbe attached to the corresponding document. In the absence of the return arc, a ceriication as to the exact date of rece'pt af the document shal bbe Secured from the postmaster. The porson in chargo of the transmn‘tal of the complete records shall be held responsible for any loss oF Suppression of any parts or pages thereat Sec. 7. Action on the Appeal. - The 2cverse party may oe Fequired to submit an appellee's. brief within fteen (15) days. ‘rom: receipt of the order rom the Commission, Thereatter. the appeal shall ‘be considered submitted for desision or resolution Ses. 8. Decision on Appeal. - The Commission shall rencer decision or resolution within sixty (60) days from receint of the appellee's brief of upon the, . PRE NEN BLES OF PR AGSexgitation of the titeen (18}-day period’ provided in the iimedietely receding seciion. The Gee'sion or fesolution of the Commissin is tna! and exccutory, unless appealed to the Cdurt of Appeals pursuart to Sec. 11 heteo! Sec. 8. Transmitial of Decision, - The signed cecision or tesoluion shall then be forwarded to the (Office of the Assistant Commissioner iho shal sign the ansmital eter for the Commission See. 9. Rogords on Appeal, - The records of the case shal remain with the Commission Untl the decsign or resolution becomes final ang executory See. 10 Execution, - Alor the decision’ has become final ans executor. the records af the ease shall he traremited t tho Board lor Sxecirion oF mplomentaton Alter execution of the decision, the records of the ease shall oe forwarded tothe Legal Divsion for consignment to the archives Seo. 11, Petition for Review with the Court of Appeals. parly may appeal the decision ofthe Cammissen fo the Court 6 Appeals by way of a peliion for review under Rule 43 of he Rules 0! Cour t Inthe event the decision othe resolution of the Commission is elevated to the Cour of Appeals or Supreme Cour, the records ofthe ease shal bo forwarded by the Commission to the appellate court as and wn Fequired. However, incase the records of the case have been placed 2 the archives, the Legal Division shall be tesponsible ‘or tansmting the records ta the appellate court ARTICLE V EXECUTION OF DECISION, ORDER AND RESOLUTION Soo. 1. Exceution. - Cxeculiuts shall issue cry upon a decision, order of resolution that finally disposes of the action or proceeding. Such @xecution shall issue as matter of righttupon the expiration of the period to appeal therefrom if no appeal has beon duly periected See. 2 Legal Division to Execute. - Decisions, orders 9 resolutions of the Commission or the Bgare which have become tinal 2nd executory shall be immediately entorked and executed by the Legal Division. in coordination with the concérned Accredited Organizations and government agencies Sac, 3. Surrender of Certificate ‘of Registration License and Professional Identification Card. - The’ Chairman cf the conseried Boatd or a mambor of the Board designated by the Chairman, shall sign the certtication attesting 10 the surencer of the Gelllicate cl Regiswration/License and Proiessional Idertification Card ct a Professional ho has been found liable for the offense or violation charged and ordered to surrender said Cenilicata anc Identification Card ir final ang executory decision. The Boards shall be respansible for the eatekceping of the sunei need Genicates @t HegistrationiLicenses ang Professional Identification Cards rolessional OSPR HRARTICLE VI INVESTIGATION AGAINST BOARD MEMBERS Sec. 1. Complaint. - The Commision may, at its own instan: upon a verified complaint of any interested person, initiate and conduct an administrative investigation against any member of the Boards for neglect of duty, incompetence, unprofessional, unethical, immoral cr dishonorable conduct, commission of irregularities in the licens: examinations which taint or impugn the integnty and crecibiity of the results of the said examinations, ot for such other causes as provided by law Sec. 2. Rules. - The rules of procedure in Antcle Il hereot shai govern the investigation of cases against the members of the Boarcis, ARTICLE VIl INTERNAL BUSINESS Sec. 4. Report. - Lawyers of the Commission and the Dirsctors 0 Officers in-Charge of the Fegonal Otfices shall submit io the Commission within five (5) days afier the end of every two (2) months a feport on the status of all pending cases handled by them in a form prescribed by the Commission, The Board shall ikew'se supmit to tho Commission within five (5) days efter the end of every two (2) months @ cerification stating that they Nave terminated tho cases betore them within the period mandated under these Rules, and ii rot, the reasons jor the delay. Sec. 2, Docket and Legal Research Fees in tie Central Office. - Upon filing of the complaint, the complainant shall oay the docket ang legal research fees. Alter payment, an administrative case number shal fhe assigned to the complaint prefixed with the lact two (2) numbers of tho year itis filed (e.g. 08-1), and a verification slip shall be attached thereto stating therein whether or not the person complained of 13 ar applicant/examinee of any of the licensure examinations given by the Boards or a professional regstered /ikensed with the Commission or 2 professional issued a temporary or special permit, or a member of the Board Sec. 9. Docket and Legal Research Fees in the Regional Office. - After payment of the docket and legal research fees. at administraiive case number shall be assigned {0 the complaint preted ‘with "the frst three (2) letters of the place where the Regional Crfice is lecaled, thus BAG (Baguio), TUG (Tuguogarao|, LEG (Legaspi) (Cebu), ILO (lilo). TAC (Tacloban), GAG (Cagayan de Ore), DAV (Davao), ZAM (Zamboanga), LUC Lucena) and the last two (2) numbers of the year is filed Example: A. For registered orafessionals and holders of temporaty or special permits BAGUIO ADMINISTRATIVE CASE NO. BAG-08-1 For examinees or applicants for lisorsure examinations ADMINISTRATIVE CASE NO. L-BAG-06-1 8 yeastSoe. 4. Administrative Case Number of Appealed Cases. -Ait2r payment of an appeal and legal research fees, an administrative case number shall be assigned to the appealed case pretixed with letter "A’ and last two (2) numbers of the yeat iis filed (Eg. 806-1). ‘Sec. 5. Records. - Complaints received oy the Regional O¥ice shall be recorded in @ logbook The logbook shal coniain the full names, and addresses of the complainant and tha respondent, the Board regulating the profession to which the respondent belongs, the date when the complaint was received by the Regiohal Otfie, and the chara: against the respondent. In addition, the logbook shall contain information as to whether the complant was directly filed with the Regional Ofice or Indorsed by the Central QVfice, the adminietrativo sace numbor ane Gate of fling The Regional Office shall establish and mamntan a computerized record system of cases. Tho Legal Dwvision of the Cen Office shall ikewise maintain a record of cases forwarded io Regional Office All documents and pleadings filed by she pertes with the Regional Office, inclucing the transenpts of the stenbgrachic notes, minutes of the broceecings and other papers and documents prepares by the Regional Office shall be at least in duplicate. chrondlogically and systematica arranged. Sec. 6. Jurisdiction. - The Legal! Djvision of the Central Otte shall ensure that the concerned Board has jurisdiction over the person 0! the respondent by determining whether he is a registerso professional, & holder of temporary or special permit or has applied with or taken any o! the licensure examination administered by the Commission, ano aver te suoject matter of the complaint, prior to indorsing the case to the Regional Orfice. indorsed complainte shall bo docketed in the Regional Sftice senoorned W the concemed Board has junsdiction over the person of the fespondent and over the subject matter of the complaint, the Regional Gffce shail proceed with the case in accordance with these Rules Sec. 7. Decisions on Cases against Professionals. -\n case the Regional Office has-a lawyer or its Director or Olticer-in-Charge is a lawyer, he shall drait the docisions, orders or resolutions in the administrative cases against protessionals or holders ct tomporary or special permits and forward them to the Central Office for consideration f the Board within sixty (60) days trom the submission of responcen''s formal offer o! evidence or from the expiration of the period tor such Submission. Thereafter, the decisions, orders or resolutions as approved and signed by the Board shall be sent back to the Regional Office for ‘ansmitial to the parties through their respective lawyers. A party agarieved by the decision, order or resolution may file @ motion {cr reconsideration of a rotice of appeal with the Regional alice. Sec. 8. Decisions on Casos against Examines. ~ Decisicrs erdore or recolutions on adiniiisialive cases against examinoce shall be signed only by the Director or Oificer-in-Charge of the Regicra Office, except those that exonerate the examiness which shall frst b> cleared vith the Commission Propar before boing signed by the Director or Oificerin-Charge and sort to the examinees FEN CUANSTOTNE VESTAARTICLE Vil SEPARABILITY CLAUSE \ any provision or part ofthe Rules is deciared invalid or unconstitutenal by a compatent authority, the other provisions or parts of the Pules no affected shall remain in ‘ull forca and effect ARTICLE IX REPEALING CLAUSE Repeal of Ans. IV, V. Vi and Vil of the Rules and Regulations Governing the Regulation and Practice of Professionals issued on January 5. 1588 uncer Presidential Decree No, 223 and its amendments. Resolution 174, Series of 1980, Resolution No. 233-8, Series of 2004 and the implementing rules ard regulations on aciinistrative investigations he prolessional regulatory laws, ARTICLE X EFFECTIVITY, ‘The Rules shal take effect alter 15 days trom publication in the Ottis Gazette 0 in a newspaper of general circulation Let copies of this Resolution be furnished the U.P aw Center Promulgated on the 22nd day of Jéine, 2006, in the City of Manila Phiippnnes. secwone fessor, LEGRORTRIFON-ROSERO Cneiperson bog a. Adel Hoan ae os AVELINA A. DE LA REA AGNATO 8. VALDECANTOS Commissioner we ‘Commissi ner LEONOR TRIPON-ROSERO Chairperson AVELINA A. DE LA REA RENATO B. VALDECANTOS. Commissioner Commissioner