REPUBLIC ACT No.
1885 "(a) Physicians and surgeons from other countries called in
An Act Amending Sections Seven Hundred Seventy and
Seven Hundred Seventy-One of the Revised
Administrative Code of the Philippines to Authorize
Medical Officers of the United States Veterans
Administration in the Philippines to Practice Medicine
Be it enacted by the Senate and House of Representatives
of the Philippine Congress Assembled:
Section 1. Section seven hundred seventy and seven
hundred seventy-one of the Revised Administrative Code are
hereby amended to read as follows:
"Sec. 770. Inhibition against practicing medicine by
uncertificated persons. -No persons shall practice medicine
in the Philippines without having previously obtained the
proper certificate of registration issued by the Board of
Medical Examiners as herein constituted, or the lawful Board
which was its predecessor, except as hereinafter stated in
this section and in the next following section of this Act.
"A person shall be considered to practice medicine within the
meaning of this section, who shall, for compensation or
reward or even without the same diagnose, treat, operate,
prescribe remedies for any human disease, injury, deformity,
physical or mental condition or any ailment, real or
supposed, regardless of the nature of the remedy or
treatment used or recommended, or who shall, by means of
signs, cards, advertisements, or in any other way either offer
or undertake by any means or method to diagnose, treat,
manipulate, adjust, operate, or prescribe for any human
disease, pain, injury, deformity, physical or mental condition.
"This section shall not be construed to affect commissioned
medical officers serving in the U.S. Army, Navy, or Public
Health Service in the discharge of their duties or medical
officers of the United States Veterans Administration, Manila
Regional Office, in the discharge of their duties in
accordance with governing rules and regulations of said U.
S. Veterans Administration: Provided, However, That not
more than three medical officers of the U. S. Veterans
Administration shall be allowed this exemption, and that said
medical officers of the U. S. Veterans Administration shall
submit their names and qualifications to the Board of Medical
Examiners for registration; or any one serving without
professional fees as interns on the resident staff of any
legally incorporated hospital; or the furnishing of medicine by
authorized Government employees in Government free
dispensaries; or any legally registered dentist exclusively
engaged in practicing dentistry; or the application of
massage whenever advised by duly registered physicians or
limited to hygienic or aesthetic purposes; or any persons
who mechanically fits or sells lenses, artificial eyes; limbs or
other apparatus or appliances, or is engaged in the
mechanical examination of eyes, for the purpose of
constructing or adjusting spectacles, eyeglasses, and
lenses; or the furnishing of medical assistance gratuitously in
case of emergency or in places where the services of the
duly qualified physician, midwife, or nurse are not available
or the administration of family remedies; or the practice of
chiropody."
"Sec. 771. Persons exempt from registration. -Registration
shall not be required of the following classes of persons:
consultation.
"(b) Medical students who are practicing medicine under the
direct supervision of a duly registered physician.
"(c) Medical officers of the U. S. Army, U. S. Navy, or the U.
S. Public Health Service, or the U. S. Veterans
Administration while the latter are engaged in the discharge
of their duties in accordance with governing rules and
regulations of the veterans administration.
"(d) Foreigners employed as technical officers or professors
in such special branches of medicine or surgery as may, in
the judgment of the Secretary of (Public Instruction)
Education, be necessary and indispensable in the
Philippines.
"(e) In cases of epidemics or in municipalities where there is
no legally qualified practicing physician, or when the
circumstances require it, in the interest of the public health,
the Director of Health may issue special authorizations, to all
medical students who have completed the first three years of
their studies, or to persons who have qualified in medicine,
and to graduate or registered nurses, who may request it."
Section 2. This Act shall take effect upon its approval.
REPUBLIC ACT No. 2382
THE MEDICAL ACT OF 1959
ARTICLE I
Objectives and Implementation
Section 1. Objectives. This Act provides for and shall govern
(a) the standardization and regulation of medical education;
(b) the examination for registration of physicians; and (c) the
supervision, control and regulation of the practice of
medicine in the Philippines.
Section 2. Enforcement. For the purpose of implementing
the provisions of this Act, there are created the following
agencies: the Board of Medical Education under the
Department of Education, and the Board of Medical
Examiners under the Commissioner of Civil Service.
ARTICLE II
The Board of Medical Education Its Functions
Section 3. Composition of Board of Medical Education. The
Board of Medical Education shall be composed of the
Secretary of Education or his duly authorized representative,
as chairman, and the Secretary of Health or his duly
authorized representative, the Director of the Bureau of
Private Schools or his duly authorized representative, the
chairman of the Board of Medical Examiners or his duly
authorized representative, a representative of private
practitioners, upon recommendation of an acknowledged
medical association and a representative chosen by the
Philippine Association of Colleges and Universities, as
members.
The officials acting as chairman and members of the Board
of Medical Education shall hold office during their
incumbency in their respective positions.
Section 4. Compensation and traveling expenses. The
chairman and members of the Board of Medical Education
shall not be entitled to any compensation except for traveling
expenses in connection with their official duties as herein
provided.
For administrative purposes, the Board shall hold office in
the office of its chairman, who may designate a ranking
official in the Department of Education to serve as secretary
of the Board.
Section 5. Functions. The functions of the Board of Medical
Education shall be:
(a) To determine and prescribe minimum
requirements for admission into a recognized
college of medicine;
(b) To determine and prescribe requirements for
minimum physical facilities of colleges of medicine,
to wit: buildings, including hospitals, equipment
and supplies, apparatus, instruments, appliances,
laboratories, bed capacity for instruction purposes,
operating and delivery rooms, facilities for out-
patient services, and others, used for didactic and
practical instructions in accordance with modern
trends;
(c) To determine and prescribe the minimum
number and the minimum qualifications of
teaching personnel, including student-teacher ratio
and curriculum;
(d) To determine and prescribe the number of
students who should be allowed to take up the
preparatory course taking into account the
capacity of the different recognized colleges of
medicine.
(e) To select, determine and approve hospitals or
some departments of the hospitals for training
which comply with the minimum specific physical
facilities as provided in subparagraph (b) hereof:
and
(f) To promulgate and prescribe and enforce
necessary rules and regulations for the proper
implementation of the foregoing functions.
Section 6. Minimum required courses. Students seeking
admission to the medical course must have a bachelor of
science or bachelor of arts degree or their equivalent and
must have taken in four years the following subjects with
their corresponding number of units:
English
Latin
Mathematics, including Accounting and Statistics 9
Philosophy, including Psychology and Logic 12
Zoology and Botany 15
Physics 8
Chemistry 21
Library Science 1
Humanities and Social Sciences 12
Twelve units of Spanish shall be required pursuant to
Republic Act Numbered Seven hundred nine; but
commencing with the academic year nineteen hundred sixty
to nineteen hundred sixty-one, twenty-four units of Spanish
shall be required pursuant to Republic Act Numbered
Eighteen hundred and eighty-one as cultural, social and
nationalistic studies.
Provided, That the following students may be permitted to
complete the aforesaid preparatory medical course in shorter
periods as follows:
(a) Students whose general average is below
eighty-five per cent but without any grade of failure
or condition may be allowed to pursue and finish
the course in three academic years and the
intervening summer sessions; and
(b) Students whose general average is eighty-five
per cent or over may be permitted to finish the
course in three academic years by allowing them
to take each semester the overload permitted to
bright students under existing regulations of the
Bureau of Private Schools.
Provided, That upon failure to maintain the general average
of eighty-five per cent, students under (b) shall automatically
revert to the category of students under (a) and those under
(a), upon having any grade of failure or condition, shall
automatically revert to the category of students required to
pursue the preparatory course in four years mentioned
above.
The medical course shall be at least five years, including not
less than eleven rotating internship in an approved hospital,
and shall consist of the following subjects:
Anatomy
Physiology
Biochemistry and Nutrition
Pharmacology
Microbiology
Parasitology
 Medicine and Therapeutics
Genycology
Opthalmology, Otology, Rhinology and
Laryngology
Pediatrics
Obstetrics
Surgery
Preventive Medicine and Public Health
Legal Medicine, including Medical Jurisprudence
and Ethics.
Section 7. Admission requirements. The medical college
may admit any student to its first year class who has not
been convicted by any court of competent jurisdiction of any
offense involving moral turpitude, and who presents (a) a
certificate showing completion of a standard high school
course, (b) a record showing completion of a standard
preparatory medical course as herein provided, (c) a
certificate of registration as medical student, (d) a certificate
of good moral character issued by two former professors in
the pre-medicine course, and (e) birth certificate and
marriage certificate, if any. Nothing in this Act shall be
construed to inhibit any college of medicine from
establishing, in addition to the preceding, other entrance
requirements that may be deemed admissible.
For the purposes of this Act, the term "College of Medicine"
shall mean to include faculty of medicine, institute of
medicine, school of medicine or other similar institution
offering a complete medical course leading to the degree of
Doctor of Medicine or its equivalent.
Every college of medicine must keep a complete record of
enrollment, grades and turnover, and must publish each year
a catalogue giving the following information:
1. Date of publication
2. Calendar for the academic year
3. Faculty roll indicating whether on full time part
time basis
4. Requirements of admission
5. Grading system
6. Requirements for promotion
7. Requirements for graduation
8. Medical hours per academic year by
departments
9. Schedule hours per academic year by
departments
10. Number of students enrolled in each class.
ARTICLE III
THE BOARD OF MEDICAL EXAMINERS; REGISTRATION
OF PHYSICIANS
Section 8. Prerequisite to the practice of medicine. No
person shall engage in the practice of medicine in the
Philippines unless he is at least twenty-one years of age, has
satisfactorily passed the corresponding Board Examination,
and is a holder of a valid Certificate of Registration duly
issued to him by the Board of Medical Examiners.
Section 9. Candidates for board examination. Candidates
for Board examinations shall have the following
qualifications:
(1) He shall be a citizen of the Philippines or a
citizen of any foreign country who has submitted
competent and conclusive documentary evidence,
confirmed by the Department of Foreign Affairs,
showing that his country's existing laws permit
citizens of the Philippines to practice medicine
under the same rules and regulations governing
citizens thereof;
(2) He shall be of good moral character, showing
for this purpose certificate of civil status;
(3) He shall be of sound mind;
(4) He shall not have been convicted by a court of
competent jurisdiction of any offense involving
moral turpitude; and
(5) He shall be a holder of the degree of Doctor of
Medicine or its equivalent, conferred by a college
of medicine duly recognized by the Department of
Education.
Section 10. Acts constituting practice of medicine. A person
shall be considered as engaged in the practice of medicine
(a) who shall, for compensation, fee, salary or reward in any
form, paid to him directly or through another, or even without
the same, physical examine any person, and diagnose, treat,
operate or prescribe any remedy for any human disease,
injury, deformity, physical, mental or physical condition or
any ailment, real or imaginary, regardless of the nature of the
remedy or treatment administered, prescribed or
recommended; or (b) who shall, by means of signs, cards,
advertisements, written or printed matter, or through the
radio, television or any other means of communication, either
offer or undertake by any means or method to diagnose,
treat, operate or prescribe any remedy for any human
disease, injury, deformity, physical, mental or physical
condition; or (c) who shall use the title M.D. after his name.
Section 11. Exemptions. The preceding section shall not be
construed to affect (a) any medical student duly enrolled in
an approved medical college or school under training,
serving without any professional fee in any government or
private hospital, provided that he renders such service under
the direct supervision and control of a registered physician;
(b) any legally registered dentist engaged exclusively in the
practice of dentistry; (c) any duly registered masseur or
physiotherapist, provided that he applies massage or other
physical means upon written order or prescription of a duly
registered physician, or provided that such application of
massage or physical means shall be limited to physical or
muscular development; (d) any duly registered optometrist
who mechanically fits or sells lenses, artificial eyes, limbs or
other similar appliances or who is engaged in the mechanical
examination of eyes for the purpose of constructing or
adjusting eye glasses, spectacles and lenses; (e) any person
who renders any service gratuitously in cases of emergency,
or in places where the services of a duly registered
physician, nurse or midwife are not available; (f) any person
who administers or recommends any household remedy as
per classification of existing Pharmacy Laws; and (g) any
psychologist or mental hygienist in the performance of his
duties, provided such performance is done in conjunction
with a duly registered physician.
Section 12. Limited practice without any certificate of
registration. Certificates of registration shall not be required
of the following persons:
(a) Physicians and surgeons from other countries
called in consultation only and exclusively in
specific and definite cases, or those attached to
international bodies or organization assigned to
perform certain definite work in the Philippines
provided they shall limit their practice to the
specific work assigned to them and provided
further they shall secure a previous authorization
from the Board of Medical Examiners.
(b) Commissioned medical officers of the United
States armed forces stationed in the Philippines
while rendering service as such only for the
members of the said armed forces and within the
limit of their own respective territorial jurisdiction.
(c) Foreign physicians employed as exchange
professors in special branches of medicine or
surgery whose service may in the discretion of the
Board of Medical Education, be necessary.
(d) Medical students who have completed the first
four years of medical course, graduates of
medicine and registered nurses who may be given
limited and special authorization by the Secretary
of Health to render medical services during
epidemics or national emergencies whenever the
services of duly registered physicians are not
available. Such authorization shall automatically
cease when the epidemic or national emergency is
declared terminated by the Secretary of Health.
Section 13. The Board of Medical Examiners, its
composition and duties. The Board of Medical Examiners
shall be composed of six members to be appointed by the
President of the Philippines from a confidential list of not
more than twelve names approved and submitted by the
executive council of the Philippine Medical Association, after
due consultation with other medical associations, during the
months of April and October of each year. The chairman of
the Board shall be elected from among themselves by the
member at a meeting called for the purpose. The President
of the Philippines shall fill any vacancy that may occur during
any examination from the list of names submitted by the
Philippine Medical Association in accordance with the
provisions of this Act.
No examiner shall handle the examinations in more than four
subjects or groups of subjects as hereinafter provided. The
distribution of subject to each member shall be agreed upon
at a meeting called by the chairman for the purpose. The
examination papers shall be under the custody of the
Commissioner of Civil Service or his duly authorized
representative, and shall be distributed to each member of
the Board who shall correct, grade, and sign, and submit
them to the said Commissioner within one hundred twenty
days from the date of the termination of the examinations.
A final meeting of the Board for the deliberation and approval
of the grades shall be called by the Commissioner of Civil
Service immediately after receipt of the records from the
members of the Board of Medical Examiners. The secretary
of the Board shall submit to the President of the Philippines
for approval the names of the successful candidates as
having been duly qualified for licensure in alphabetical order,
without stating the ratings obtained by each.
Section 14. Qualifications of examiners. No person shall be
appointed a member of the Board of Medical Examiners
unless he or she (1) is a natural-born citizen of the
Philippines, (2) is a duly registered physician in the
Philippines, (3) has been in the practice of medicine for at
least ten years, (4) is of good moral character and of
recognized standing in the medical profession, (5) is not a
member of the faculty of any medical school and has no
pecuniary interest, directly or indirectly, in any college of
medicine or in any institution where any branch of medicine
is taught, at the time of his appointment: Provided, That of
the six members to be appointed, not more than two shall be
graduates of the same institution and not more than three
shall be government physicians.
Section 15. Tenure of office and compensation of
members. The members of the Board of Medical Examiners
shall hold office for one year: Provided, That any member
may be reappointed for not more than one year. Each
member shall receive as compensation ten pesos for each
candidate examined for registration as physician, and five
pesos for each candidate examined in the preliminary or final
physician examination.
The President of the Philippines, upon the recommendation
of the Commissioner of Civil Service , after due investigation,
may remove any member of the Board of Medical Examiners
for neglect of duty, incompetency, or unprofessional or
dishonorable conduct.
Section 16. Executive Officer and Secretary of the
Board. The Secretary of the Boards of Examiners appointed
in accordance with section ten of Act Numbered Four
thousand seven, as amended, shall also be the secretary of
the Board of Medical Examiners, who shall keep all the
records, including examination papers, and the minutes of
the deliberations of the Board. He shall also keep a register
of all persons to whom certificates of registration has been
granted; set forth the name, sec, age, and place of birth of
each, place of business, post office address, the name of the
medical college or university from which he graduated or in
which he had studied, together with time spent in the study
of the profession elsewhere, the name of the country where
the institution is located which had granted to him the degree
or certificate of attendance upon clinic and all lectures in
medicine and surgery, and all other degrees granted to him
from institutions of learning. He shall keep an up-to-date
registration book of all duly registered physicians in the
Philippines. He shall furnish copies of all examination
questions and ratings in each subject of the respective
candidates in the physicians examination, one month after
the release of the list of successful examinees, to the deans
of the different colleges of medicine exclusively for the
information and guidance of the faculties thereof. This report
shall be considered as restricted information. Any school
which violates this rule shall be deprived of such privilege.
The secretary of the Board shall likewise keep a record of all
registered medical students. He shall keep all the records
and proceedings, and issue and receive all papers in
connection with any and all complaints presented to the
Board.
Section 17. Rules and regulations. The Board of Medical
Examiners, with the approval of the Commissioner of Civil
Service, shall promulgate such rules and regulations as may
be necessary for the proper conduct of the examinations,
correction of examination papers, and registration of
physicians. The Commissioner shall supervise each Board
examination and enforce the said rules and regulations.
These rules and regulations shall take effect fifteen days
after the date of their publication in the Official Gazette and
shall not be changed within sixty days immediately before
any examination. Such rules and regulations shall be printed
and distributed for the information and guidance of all
concerned.
Section 18. Dates of examinations. The Board of Medical
Examiners shall give examinations for the registration of
physicians, one in May and one in November every year, in
the City of Manila or any of its suburbs after giving not less
than ten days' notice to each candidate who had filed his
name and address with the secretary of the Board.
Section 19. Fees. The secretary of the Board, under the
supervision of the Commissioner of Civil Service, shall
collect from each candidate the following fees:
For registration as medical student
For complete physician examination
For preliminary or final examination
For registration as physician
All fees paid as provided herein shall accrue to the funds of
the Board of Medical Examiners and be expended for the
payment of the compensation of the members thereof. No
fees other than those provided herein shall be paid to the
Board.
Section 20. Issuance of Certificate of Registration, grounds
for refusal of same. The Commissioner of Civil Service and
the secretary of the Board of Medical Examiners shall sign
jointly and issue certificates of registration to those who have
satisfactorily complied with the requirements of the Board.
They shall not issue a certificate of registration to any
candidate who has been convicted by a court of competent
jurisdiction of any criminal offense involving moral turpitude,
or has been found guilty of immoral or dishonorable conduct
after he due investigation by the Board of Medical
Examiners, or has been declared to be of unsound mind.
Section 21. Scope of examination. The examination for the
registration of physicians shall consist of the following
subjects: (1) Anatomy and Histology, (2) Physiology, (3)
Biochemistry, (4) Microbiology and Parasitology, (5)
Pharcology and Therapeutics, (6) Pathology, (7) Medicine,
(8) Obstetrics and Gynecology, (9) Pediatrics and Nutrition,
(10) Surgery and Opthalmology, Otolaryngology and
Rhinology, (11) Preventive Medicine and Public Health, and
(12) Legal Medicine, Ethics and Medical
Jurisprudence: Provided, however, That the examination
questions in each subject or group of subject shall at least be
ten in number: Provided, further, That the examination
questions in Medicine shall include at least three from the
following branches: Infectious diseases, Neurology,
Dermatology, Allergy, Endocrinology and Cardio-Vascular
diseases: Provided, finally, That the examination questions
in Surgery shall include at least four questions from the
following: Opthalmology, Otology, Rhinology, Laryngology,
Orthopedic Surgery and Anesthesiology.
The questions shall be the same for all applicants. All
answers must be written either in English or Spanish. No
name of the examinee shall appear in the examination paper
but the examiners shall devise a system whereby each
applicant can be identified by number only.
In order that a candidate may be deemed to have passed his
examination successfully he must have obtained a general
average of seventy-five per cent without a grade lower than
sixty-five per cent in Medicine, Pediatrics and Nutrition,
Obstetrics and Gynecology, and Preventive Medicine and
Public Health, and no grade lower than fifty per cent in the
rest of the subjects.
The preliminary examinations shall comprise of the following
subjects:
(1) Gross Anatomy and Histology
(2) Physiology
(3) Biochemistry
(4) Microbiology and Parasitology
Section 22. Administrative investigations. In addition to the
functions provided for in the preceding sections, the Board of
Medical Examiners shall perform the following duties: (1) to
administer oath to physicians who qualified in the
examination; (2) to study the conditions affecting the practice
of medicine in all parts of the Philippines; (3) to exercise the
powers conferred upon it by this article with the view of
maintaining the ethical and professional standards of the
medical profession; (4) to subpoena or subpoena duces
tecum witnesses for all purposes required in the discharge of
its duties; and (5) to promulgate, with the approval of the
Commissioner of Civil Service, such rules and regulations as
it may deem necessary for the performance of its duties in
harmony with the provisions of this Act and necessary for the
proper practice of medicine in the Philippines.
Administrative investigations may be conducted by not less
than four members of the Board of Medical Examiners;
otherwise the proceedings shall be considered void. The
existing rules of evidence shall be observed during all
administrative investigations. The Board may disapprove
applications for examination or registration, reprimand erring
physicians, or suspend or revoke registration certificates, if
the respondents are found guilty after due investigations.
Section 23. Procedure and rules. Within five days after the
filling of written charges under oath, the respondent
physician shall be furnished a copy thereof, without requiring
him or her to answer the same, and the Board shall conduct
the investigation within five days after the receipt of such
copy by the respondent. The investigation shall be
completed as soon as practicable.
Section 24. Grounds for reprimand, suspension or
revocation of registration certificate. Any of the following
shall be sufficient ground for reprimanding a physician, or for
suspending or revoking a certificate of registration as
physician:
(1) Conviction by a court of competent jurisdiction
of any criminal offense involving moral turpitude;
(2) Immoral or dishonorable conduct;
(3) Insanity;
(4) Fraud in the acquisition of the certificate of
registration;
(5) Gross negligence, ignorance or incompetence
in the practice of his or her profession resulting in
an injury to or death of the patient;
(6) Addiction to alcoholic beverages or to any habit
forming drug rendering him or her incompetent to
practice his or her profession, or to any form of
gambling;
(7) False or extravagant or unethical
advertisements wherein other things than his
name, profession, limitation of practice, clinic
hours, office and home address, are mentioned.
(8) Performance of or aiding in any criminal
abortion;
(9) Knowingly issuing any false medical certificate;
(10) Issuing any statement or spreading any news
or rumor which is derogatory to the character and
reputation of another physician without justifiable
motive;
(11) Aiding or acting as a dummy of an unqualified
or unregistered person to practice medicine;
(12) Violation of any provision of the Code of
Ethics as approved by the Philippine Medical
Association.
Refusal of a physician to attend a patient in danger of death
is not a sufficient ground for revocation or suspension of his
registration certificate if there is a risk to the physician's life.
Section 25. Rights of respondents. The respondent
physician shall be entitled to be represented by counsel or
be heard by himself or herself, to have a speedy and public
hearing, to confront and to cross-examine witnesses against
him or her, and to all other rights guaranteed by the
Constitution and provided for in the Rules of Court.
Section 26. Appeal from judgment. The decision of the
Board of Medical Examiners shall automatically become final
thirty days after the date of its promulgation unless the
respondent, during the same period, has appealed to the
Commissioner of Civil Service and later to the Office of the
President of the Philippines. If the final decision is not
satisfactory, the respondent may ask for a review of the
case, or may file in court a petition for certiorari.
Section 27. Reinstatement. After two years, the Board may
order the reinstatement of any physicians whose certificate
of registration has been revoked, if the respondent has acted
in an exemplary manner in the community wherein he
resides and has not committed any illegal, immoral or
dishonorable act.
ARTICLE IV
PENAL AND OTHER PROVISIONS
Section 28. Penalties. Any person found guilty of "illegal
practice of medicine" shall be punished by a fine of not less
than one thousand pesos nor more than ten thousand pesos
with subsidiary imprisonment in case of insolvency, or by
imprisonment of not less than one year nor more than five
years, or by both such fine and imprisonment, in the
discretion of the court.
Section 29. Injunctions. The Board of Medical Examiners
may file an action to enjoin any person illegally practicing
medicine from the performance of any act constituting
practice of medicine if the case so warrants until the
necessary certificate therefore is secured. Any such person
who, after having been so enjoined, continues in the illegal
practice of medicine shall be punished for contempt of court.
The said injunction shall not relieve the person practicing
medicine without certificate of registration from criminal
prosecution and punishment as provided in the preceding
section.
Section 30. Appropriation. To carry out the provisions of this
Act, there is hereby appropriated, out of any funds in the
National Treasury not otherwise appropriated, the sum of
twenty thousand pesos.
Section 31. Repealing clause. All Acts, executive orders,
administrative orders, rules and regulations, or parts thereof
inconsistent with the provisions of this Act are repealed or
modified accordingly.
Section 32. Effectivity. This Act shall take effect upon its
approval: Provided, That if it is approved during the time
when examinations for physicians are held, it shall take
effect immediately after the said examinations: Provided,
further, That section six of this Act shall take effect at the
beginning of the academic year nineteen hundred sixty to
nineteen hundred sixty-one, and the first paragraph of
section seven shall take effect four years thereafter.
REPUBLIC ACT NO. 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
Be it enacted by the Senate and House of Representatives
of the Philippines Congress assembled:
Section 1. Title – This Act shall be called the "PRC
Modernization Act of 2000."
Section 2. 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 the regulatory measures, programs and
activities that foster professional growth and advancement.
Section 3. Professional Regulation Commission – There is
hereby created a three-man commission to be known as the
Professional Regulation Commission, hereinafter referred to
as the Commission, which shall be attached to the office of
the President for general direction and coordination.
Section 4. 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 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 and has
had at least five (5) years of executive or management
experience: Provided, That, one (1) of the Commissioners
must be a past Chairperson/member of a Professional
Regulatory Board.
Section 5. 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.
The Chairperson shall act as the presiding and chief
executive officer of the Commission. As presiding officer,
he/she shall preside over the meetings of the Commission
sitting as a collegial body. As chief executive officer of the
Commission, he/she shall be responsible for the
implementation of the policies and the programs adopted by
the Commission for the general administration of the
Commission. He/she shall perform such other activities
which are necessary for the effective exercise of the powers,
functions and responsibilities of the Commission.
Section 6. Compensation and Other Benefits – The
Chairperson shall receive compensation and allowances
equivalent to that of a Department Secretary while the
Commissioners shall receive compensation and allowances
equivalent to that of an Undersecretary. The Chairperson
and the members of the Commission shall be entitled to
retirement benefits provided under Republic Act Numbered
Fifteen Hundred and Sixty Eight, as amended by Republic
Act Numbered Three Thousand Five Hundred and Ninety
Five.
Section 7. Powers, Functions and Responsibilities of the
Commission – The powers, functions, and responsibilities of
the Commission are as follows:
(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 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
issuance 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 jurisdictions;
(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; conduct more than one
(1) licensure examination: Provided, That, when
there are two (2) or more examinations given in a
year, at least one (1) examinations shall be held
on weekdays (Monday to Friday): Provided,
further, That, if only one (1) examination is given in
a year, this shall be held only on
weekdays: Provided, finally, That, the Commission
is also authorized to require the completion of a
refresher course where the examinee has failed to
pass three (3) times, except as otherwise provided
by law; approve the results of examinations 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 for the purpose and who shall be
entitled to a reasonable daily allowance for every
examination day actually attended, to be
determined and fixed by the Commission; 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, ministerially issue the professional
identification card, to be used solely for the
purpose of identification, upon payment of the
appropriate amount: Provided, That, marine deck
and marine engineer officers shall also be issued
endorsement certificates exclusively by the
Commission pursuant to the 1978 and 1995
Standards of Training, Certification and Watch-
keeping (STCW) Convention, to the exclusion of
any other government agency, Section 1(2) of
Executive Order No. 149, Series of 1999 and
provisions of other existing laws, executive orders,
administrative issuance/regulations to the contrary
notwithstanding: Provided, further, That, once a
certificate of registration/professional license, or
certificate of competency, in the case of marine
deck and engine officers are issued, this cannot be
withdrawn, cancelled, revoked, or suspended
except for just cause as may be provided by law
after due notice and hearing;
(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
under the provisions of Republic Act Numbered
Four Hundred Sixty Five as amended by Republic
Act Numbered Sixty Five Hundred and Eleven or
to charge and collect reasonable fees at the rates
higher than the rates provided thereunder subject
to the approval by the Office of the President.
(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;
prescribe their duties and fix their compensation
subject to the provisions of Republic Act
Numbered Six Thousand Seven Hundred and Fifty
Eight and allowances including other fringe
benefits; and to assign and/or reassign personnel
as the exigency of the service requires subject to
the Civil Service laws, rules and regulations; and
to organize or reorganize the structure of the
Commission; and create or abolish positions or
change the designation of existing positions in
accordance with a staffing pattern prepared by it
and approved by the Office of the President upon
the recommendation of the Department of Budget
and Management (DBM) to meet the changing
conditions or as the need arises: Provided, That,
such changes shall not affect the employment
status of the incumbents, reduce their ranks and/or
salaries nor shall result in their separation from the
service;
(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, That, the
requirements 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 those
enjoyed by the subjects or citizens of such foreign
state or country: 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 he 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:
(k) To authorize any officer of the Commission to
administer oaths:
(l) To supervise foreign nations who are authorized
by existing laws to practice their professions either
as holders of a certificate of registration and a
professional identification card or a temporary
special permit in the Philippines; to ensue that the
terms and conditions for their practice or of their
employment are strictly complied with; to require
the hiring or employing government agency or
private entity/institution to secure a temporary
special permit from the concerned Board subject
to approval by the Commission and to file a
criminal complaint against the head of the
government agency or officers of the said private
entity/institution, who shall be liable under the
penalty provided for in the concerned professional
regulatory law or the penalty imposed pursuant to
this Act, when the professional was hired and
allowed to practice his/her profession without
permit; to file upon due process request for
deportation with the Bureau of Immigration and
Deportation (BID); and to supervise professionals
who were former citizens of the Philippines and
who had been registered and issued a certificate
of registration and a professional identification
card prior to their naturalization as foreign citizens,
who may, while in the country on a visit, sojourn or
permanent residence, practice their
profession: Provided, That, prior to the practice of
their profession they shall have first been issued a
special permit and updated professional
identification card by the Board concerned subject
to approval by the Commission and upon payment
of the permit and annual registration fees;
(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;
(o) To exercise administrative supervision over the
various professional regulatory boards and its
members;
(p) To adopt and promulgate such rules and
regulations as may be necessary to effectively
implement policies with respect to the regulation
and practice of the professions;
(q) To implement the program for the full
computerization of all licensure examinations
given by the various professional regulatory
boards including the registration of professionals
not later than the year 2003 and other operations
of the Commission;
(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 and, if found
guilty, to revoke or suspend their certificates of
registration and professional licenses/identification
cards and to recommend to the President of the
Philippines their suspension or removal from office
as the case may be;
(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, 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 occupation, in which case, the hearing shall be
being deputized by the Secretary of Justice; presided over by at least one (1) member of the
Board concerned assisted by a Legal or Hearing
Officer of the Commission;
(x) To prepare an annual report of
accomplishments on the programs, projects and
activities of the Commission during the year for (e) To conduct, through the Legal Officers of the
submission to Congress after the close of its Commission, summary proceedings on minor
calendar year and make appropriate violations of their respective regulatory laws,
recommendations on issues and/or problems violations of the rules and regulations issued by
affecting the Commission, the Professional the boards to implement their respective laws,
Regulatory Board, and the various professions including violations of the general instructions to
under its jurisdiction; and examinees committed by examinees, and render
summary judgment thereon which shall, unless
appealed to the Commission, become final and
(y) To perform such other functions and duties as
executory after fifteen (15) days from receipt of
may be necessary to carry out the provisions of
notice of judgment or decision;
this Act, the various professional regulatory laws,
decrees, executive orders and other administrative
issuance. (f) Subject to final approval by the Commission, to
recommend registration without examination and
the issuance of corresponding certificate of
Section 8. Regional Offices – The Commission is hereby
registration and professional identification card;
authorized to create regional offices as may be necessary to
carry out their functions mandated under this Act.
(g) After due process, to suspend, revoke or
reissue, reinstate certificate of registration or
Section 9. Powers, Functions and Responsibilities of the
licenses for causes provided by law;
Various Professional Regulatory Boards – The various,
professional regulatory boards shall retain the following
powers, functions and responsibilities: (h) To prepare, adopt and issue the syllabi or
tables of specifications of the subjects for
examinations in consultation with the academe;
(a) To regulate the practice of the professions in
determine and prepare the questions for the
accordance with the provisions of their respective
licensure examinations which shall strictly be
professional regulatory laws;
within the scope of the syllabus or table of
specifications of the subject for examination; score
(b) To monitor the conditions affecting the practice and rate the examination papers with the name
of the profession or occupation under their and signature of the Board member concerned
respective jurisdictions and whenever necessary, appearing thereon and submit the results in all
adopt such measures as may be deemed proper subjects duly signed by the members of the Board
for the enhancement of the profession or to the Commission within ten (10) days from the
occupation and/or the maintenance of high last day of examination unless extended by the
professional, ethical and technical standards, and Commission for justifiable cause/s; and subject to
for this purpose the members of the Board duly the approval by the Commission, determine the
authorized by the Commission with deputized appropriate passing general average rating in an
employees of the Commission, may conduct examination if not provided for in the law
ocular inspection in industrial, mechanical, regulating the profession; and
electrical or chemical plants or establishments,
hospitals, clinics, laboratories, testing facilities,
(i) To prepare an annual report of
mines and quarries, other engineering facilities
accomplishments on programs, projects and
and in the case of schools, in coordination with the
activities of the Board during the year for
Commission on Higher Education (CHED);
submission to the Commission after the close of
each calendar year and make appropriate
(c) To hear and investigate cases arising from recommendations on issues or problems affecting
violations of their respective laws, the rules and the profession to the Commission.
regulations promulgated thereunder and their
Codes of Ethics and, for this purpose, may issue
Section 10. Compensation of the Members of the
summons, subpoena and subpoena duces
Professional Regulatory Boards – The members of the
tecum to alleged violators and/or witnesses to
Professional Regulatory Boards shall receive compensation
compel their attendance in such investigations or
equivalent to, at least, two salary grades lower than the
hearings: Provided, That, the decision of the
salary grade of the Commissioners: Provided, That the
Professional Regulatory Board shall, unless
Chairperson of the Regulatory Board shall receive a monthly
appealed to the Commission, become final and
compensation of two steps higher than the members of the
executory after fifteen (15) days from receipt of
Board, and: Provided, further, That they shall be entitled to
notice of judgment or decision;
other allowances and benefits provided under existing laws.

(d) To delegate the hearing or investigation of

Section 11. Person to Teach Subjects for Licensure
administrative cases filed before them except in
Examination on all Professions – All subjects for licensure
cases where the issue or question involved strictly
examinations shall be taught by persons who are holders of
concerns the practice of the profession or
valid certificates of registration and valid professional
licenses of the profession and who comply with the other
requirements of the CHED.
Section 12. Assistance of Law Enforcement Agency – Any
law enforcement agency shall, upon call or request of the
Commission or of any Professional Regulatory Board, render
assistance in enforcing the regulatory law of the profession
including the rules and regulations promulgated thereunder
by prosecuting the violators thereof in accordance with law
and the rules of court.
Section 13. Appropriations – The amount necessary to carry
out the initial implementation of this Act shall be charged
against the current year’s appropriations of the Professional
Regulation Commission. Thereafter, such sums as may be
necessary for the continued implementation of this Act shall
be included in the succeeding General Appropriations Act.
Section 14. Authority to Use Income – In addition to the
annual appropriations of the Commission provided under the
Annual General Appropriations Act, the Commission is
hereby authorized to use its income not exceeding the
amount of Forty-five million pesos (P45,000,000.00) a year
for a period of five (5) years after the effectivity of this Act to
implement the program for full computerization of the
operations of the Commission, subject to the usual
accounting and auditing requirements.
Section 15. 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.
(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.
Section 16. Penalties for Violation of Section 7 –
Subparagraph (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.
Section 17. 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.
Section 18. Transitory Provisions – The incumbent
Commissioner and two (2) incumbent Associate
Commissioners shall serve as Chairperson and
Commissioners respectively under the terms for which they
have been appointed without need of new appointments.
The incumbent Executive Director shall likewise serve as
Assistant Commissioner without need of new appointment.
Section 19. Separability Clause – If any provision of this Act
or the application of such provision to any person or
circumstances is declared invalid or unconstitutional, the
remainder of this Act or application of such provisions to
other persons or circumstance shall not be affected by such
declaration.
Section 20. Repealing Clause – Republic Act. No. 546,
Presidential Decree No. 223, as amended by Presidential
Decree No. 657, Republic Act No. 5181, and Executive
Order No. 266, Series of 1995 are hereby repealed. Section
23 (h) of Republic Act No. 7836, Section 4 (m & s). Section
23 of Republic Act No. 7920, and Section 29 of Republic Act
No. 8050, insofar as it requires completion of the
requirements of the Continuing Professional Education
(CPE) as a condition for the renewal of the license are
hereby repealed. All other laws, orders, rules and regulations
or resolutions and all part/s thereof inconsistent with the
provisions of this Act are hereby repealed or amended
accordingly.
Section 21. 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.
Approved: December 05, 2000
REPUBLIC ACT No. 4224
AN ACT TO AMEND CERTAIN SECTIONS OF REPUBLIC
ACT NUMBERED TWENTY-THREE HUNDRED AND
EIGHTY-TWO, OTHERWISE KNOWN AS "THE MEDICAL
ACT OF 1959."
Section 1. Sections three, four, five, six, seven, nine, ten,
eleven, twelve, thirteen, fourteen, fifteen, sixteen, eighteen,
nineteen, twenty, twenty-one, twenty-two, and twenty-five of
Republic Act Numbered Twenty-three hundred and eighty-
two are hereby amended to read as follows:
"(g) To select, determine and approve hospitals or
some departments of the hospitals for training
which comply with the minimum specific physical
facilities as provided for in subparagraph (b)
hereof; and

"Sec. 3. Composition of the Board of Medical Education. The "(h) To promulgate and prescribe and enforce
Board of Medical Education shall be composed of the necessary rules and regulations for the proper
Secretary of Education or his duly authorized representative, implementation of the foregoing functions.
as chairman; and the Secretary of Health or his duly
authorized representative; the Director of the Bureau of
"Sec. 6. Minimum required courses. Students seeking
Private Schools or his duly authorized representative; the
admission to the medical course must have a bachelor of
chairman of the Board of Medical Examiners or his duly
science or bachelor of arts degree or their equivalent, which
authorized representative; a representative of the Philippine
should include the following subjects with their
Medical Association; the Dean of the College of Medicine,
corresponding number of units:
University of the Philippines; a representative of the Council
of Deans of medical schools; and a representative chosen by
the Philippine Association of Colleges and Universities, as
members. "English 18

"Latin 3
"Sec. 4. Compensation and traveling expenses. The
chairman and the members of the secretary of the Board of "Mathematics, including accounting and statistics 9
Medical Education shall be entitled to twenty-five pesos per
diem for every meeting, provided, the number of meeting "Philosophy, including psychology and logic 12
authorized with a per diem shall not exceed four times in a
month, except officials receiving regular salaries from the "Zoology and Botany 15
Government and for traveling expenses in connection with
their official duties as herein provided. "Physics 8

"Chemistry 21
"Sec. 5. Functions. The functions of the Board of Medical
Education shall be:
"Humanities and Social Science 12

"(a) To determine and prescribe minimum "Library Science 1

requirements for admission into a recognized
college of medicine;
As many units of Spanish shall be required as may be
provided by law for cultural, social and nationalistic studies.
"(b) To determine and prescribe requirements for
minimum physical facilities of colleges of medicine,
to wit: buildings, including hospitals, equipment "The medical course shall be at least five years, including
and supplies, apparatus, instruments, appliances, not less than eleven months rotating internship in an
laboratories, bed capacity for instruction purposes, approved hospital, and shall consist of the following subjects:
operating and delivery rooms, facilities for out-
patient services, and others, used for didactic and
"Anatomy
practical instructions in accordance with modern
trends;
"Physiology
"(c) To determine and prescribe the minimum
number and minimum qualification of teaching "Biochemistry and Nutrition
personnel, including student-teacher ratio;
"Pharmacology
"(d) To recommend the minimum required
curriculum;
"Microbiology

"(e) To determine and prescribe the number of

students who should be allowed to take up the "Parasitology
preparatory course taking into account the
capacity of the different recognized colleges of "Medicine and Therapeutics
medicine;
"Pathology
"(f) To keep a register of medical students and to
collect from said medical students the amount of
five pesos each which shall accrue to the "Gynecology
operating fund of the Board of Medical Education;
"Ophthalmology, Otology, Rhinology and
Laryngology
 "Pediatrics
"Obstetrics
"Surgery
"Preventive Medicine and Public Health
"Legal Medicine, including Medical Jurisprudence
"Medical Economics and Ethics
"Sec. 7. Admission requirements. The medical college may
admit any student to its first-year class who has not been
convicted by any court of competent jurisdiction of any
offense involving moral turpitude, and who presents (a) a
record showing a bachelor's degree in science or arts or its
equivalent as herein provided; (b) a certificate of eligibility for
entrance to a medical school from the Board of Medical
Education; (c) a certificate of good moral character issued by
two of his former professors in the College of Liberal Arts;
and (d) birth certificate. Nothing in this Act shall be construed
to inhibit any college of medicine from establishing, in
addition to the preceding, other entrance requirements that
may be deemed admissible.
"For purposes of this Act the term "College of Medicine" shall
mean to include faculty of medicine, institute of medicine,
school of medicine, or other similar institutions offering a
complete medical course leading to the degree of Doctor of
Medicine or its equivalent.
"Every college of medicine must keep a complete record of
enrollment, grades, graduates, and must publish each year a
catalogue giving the following information:
"1. Date of publication
"2. Calendar for the academic year
"3. Faculty roll indicating whether or full-time or
part-time basis
"4. Requirements for admission
"5. Grading system
"6. Requirements for promotion
"7. Requirements for graduation
"8. Curriculum and description of course by
departments and
"9. Number of students enrolled in each class in
the preceding year.
"Sec. 9. Candidates for board examinations. Candidates for
Board examinations shall have the following qualifications:
"(1) He shall be a citizen of the Philippines or a
citizen of any foreign country who has submitted
competent and conclusive documentary evidence,
confirmed by the Department of Foreign Affairs,
showing that his country's existing laws permit
citizens of the Philippines to practice medicine
under the same rules and regulations governing
citizen thereof;
"(2) He shall be of good moral character;
"(3) He shall be of sound mind;
"(4) He shall not have been convicted by a court of
competent jurisdiction of any offense involving
moral turpitude; and
"(5) He shall be a holder of the degree of Doctor of
Medicine or its equivalent, conferred by a college
of medicine duly recognized by the Government.
"Sec. 10. Acts constituting practice of medicine. A person
shall be considered as engaged in the practice of medicine
(a) who shall, for compensation, fee, salary or reward in any
form paid to him directly or through another, or even without
the same, physically examine any person, and diagnose,
treat, operate or prescribe any remedy for human disease,
injury, deformity, physical, mental, psychical condition or any
ailment, real or imaginary, regardless of the nature of the
remedy or treatment administered, prescribed or
recommended; or (b) who shall by means of signs, cards,
advertisements, written or printed matter, or through the
radio, television or any other means of communication, either
offer or undertake by any means or method to diagnose,
treat, operate or prescribe any remedy for any human
disease, injury, deformity, physical, mental or psychical
condition; or (c) who shall falsely use the title of M.D. after
his name.
"Sec. 11. Exemptions. The preceding section shall not be
construed to affect (a) any medical student duly enrolled in
an approved medical college or school, or graduate under
training, serving without any professional fee in any
government or private hospital, provided that he render such
service under the direct supervision and control of a
registered physician; (b) any legally registered dentist
engaged exclusively in the practice of dentistry; (c) any duly
registered masseur or physiotherapist, provided that he
applies massage or other physical means upon written order
or prescription of a duly registered physician, or provided
that such application of massage or physical means shall be
limited to physical or muscular development; (d) any duly
registered optometrist who mechanically fits or sells lenses,
artificial eyes, limbs or other similar appliances or who is
engaged in the mechanical examination of eyes for the
purpose of constructing or adjusting eyeglasses, spectacles
and lenses; (e) any person who renders any service
gratuitously in cases of emergency, or in places where the
services of a duly registered physician, nurse or midwife are
not available; (f) any person who administers or
recommends any household remedy as per classification of
existing Pharmacy Laws; (g) any clinical psychologist, or
mental hygienist, in the performance of his duties in regard
to patients with psychiatric problems, provided such
performance is done with the prescription and direct
supervision of a duly registered physician, and (h)
prosthetists who fit artificial limbs under the supervision of a
registered physician.
"Sec. 12. Limited practice without any certificate of
registration. Certificates of registration shall not be required
of the following persons:
"(a) Physicians and surgeons from other countries
called in consultation only and exclusively in
specific and definite case, or those attached to
international bodies or organizations assigned to
perform certain definite work in the Philippines,
provided they shall limit their practice to the
specific work assigned to them and provided
further they shall secure a previous authorization
from the Board of Medical Examiners.
"(b) Commissioned medical officers of the United
States Armed Forces stationed in the Philippines
while rendering service as such only for the
members of the said armed forces and within the
limit of their own respective territorial jurisdiction.
"(c) Foreign physicians employed as exchange
professors in special branches of medicine or
surgery whose service may, upon previous
authorization of the Board of Medical Examiners,
be necessary.
"(d) Medical students who have completed the first
four years of medical course, graduates of
medicine and registered nurses who may be given
limited and special authorization by the Secretary
of Health to render services during epidemics or
national emergencies whenever the services of
duly registered physicians are not available. Such
authorization shall automatically cease when the
epidemic or national emergency is declared
terminated by the Secretary of Health.
"Sec. 13. The Board of Medical Examiners, its composition
and duties. The Board of Medical Examiners shall be
composed of six members to be appointed by the President
of the Philippines from a list of not more than twelve names
approved and submitted by the Executive Council of the
Philippine Medical Association, after due consultation with
other medical association during the month of September
each year. The chairman of the Board shall be elected from
among themselves by the members at a meeting called for
the purpose. The President of the Philippines shall fill any
vacancy that may occur during any examination from the list
of names submitted by the Philippine Medical Association in
accordance with the provisions of this Act.
"No examiner shall handle examinations in more than four
subjects or groups of subjects as hereinafter provided. The
distribution of subjects to each member shall be agreed upon
at a meeting called by the chairman for the purpose. The
examination papers shall be under the custody of the
Commissioner of Civil Service or his duly authorized
representative, and shall be distributed to each member of
the Board who shall correct, grade, and sign, and submit
them to the said Commissioner within one hundred twenty
days from the date of the termination of the examinations.
"A final meeting of the Board for the deliberation and
approval of the grades shall be called by the Commissioner
of Civil Service immediately after the receipt of the records
from the members of the Board of Medical Examiners. The
Secretary of the Board shall submit to the President of the
Philippines for approval the tabulation of results, without
names and immediately upon receipt of the approved
tabulation from the Office of the President, the Board shall
insert the names and cause the publication of the names of
successful candidates in alphabetical order without the
ratings obtained by each, and at the same time transmit a
copy thereof to the Office of the President.
"Sec. 14. Qualifications of examiner. No person shall be
appointed a member of the Board of Medical Examiners
unless he or she (1) is a natural-born citizen of the
Philippines, (2) is a duly registered physician in the
Philippines, (3) has been in the practice of medicine for at
least ten years, (4) is of good moral character and of
recognized standing in the medical profession as certified by
the Philippine Medical Association, (5) is not a member of
the faculty of any medical school and has no pecuniary
interest, directly or indirectly, in any college of medicine or
any institution where any branch of medicine is taught, at the
time of his appointment.
"Sec. 15. Tenure of office and compensation of members.
The members of the Board of Medical Examiners shall hold
office for a term of three years without immediate
reappointment and until their successors shall have been
duly appointed and duly qualified. During the first year of the
implementation of this amendment, the members of the
Board of Medical Examiners shall hold office as follows:
"Two members of a term of one year;
"Two members of a term of two years;
"Two members of a term of three years:
Provided, That yearly appointments of two new members will
be made to replace those whose terms will expire: Provided,
further, That appointments to fill up vacancies created by
causes other than through expiration of regular terms will be
for the unexpired period only. Each member shall receive as
compensation ten pesos for each candidate examined for
registration as physician, and five pesos for each candidate
examined in the preliminary or final physical examination,
provided the sum of said compensation does not exceed
eighteen thousand pesos annually.
"The President of the Philippines, upon the recommendation
of the Commissioner of Civil Service, after due investigation,
may remove any member of the Board of Medical Examiners
for neglect of duty, incompetency, or unprofessional of
dishonorable conduct.
"Sec. 16. Executive officer and Secretary of the Board. The
Secretary of the Boards of Examiners appointed in
accordance with Section ten of Act Numbered Four thousand
seven, as amended, shall also be the secretary of the Board
of Medical Examiners, who shall keep all the records,
including examination papers and the minutes of the
deliberations of the Board. He shall also keep a register of all
persons to whom certificates of registration has been
granted; set forth the name, sex, age, and place of birth of
each, place of business, post office address, the name of the "2) Physiology
medical college or university from which he graduated or in
which he had studied, together with the time spent in the
"3) Biochemistry
study of the profession elsewhere, the name of the country
where the institution is located which had granted to him the
degree or certificate of attendance on clinics and all lectures "4) Microbiology and Parasitology
in medicine and surgery, and all other degrees granted to
him from institutions of learning. He shall keep an up-to-date
"(b) Final Examination
registration book of all duly registered physicians in the
Philippines. He shall furnish copies of all examination
questions and ratings in each subject of the respective "1) Pharmacology and Therapeutics
candidates in the physicians examination, one month after
the release of the list of successful examinees, to the deans
of the different colleges of medicine exclusively for the "2) Pathology
information and guidance of the faculties thereof. This report
shall be considered as restricted information. Any school "3) Medicine
which violates this rule shall be deprived of such privilege.
The Secretary shall keep all the records and proceedings,
and issue and receive all papers in connection with any and "4) Obstetrics and Gynecology
all complaints presented to the Board.
"5) Pediatrics and Nutrition
"Sec. 18. Dates of the examinations. The Board of Medical
Examiners shall give examinations for the registration of "6) Surgery and Ophthalmology,
physicians, twice a year, on dates to be determined by it Otolaryngology and Rhinology
provided that the interval between the first and the second
examinations in a year shall be six months, in the City of
Manila or any of its suburbs after giving not less than ten "7) Preventive Medicine and Public
days' notice to each candidate who had filed his name and Health, and
address with the Secretary of the Board.
"8) Legal Medicine, Ethics and Medical
"Sec. 19. Fees. The Secretary of the Board, under the Jurisprudence
supervision of the Commissioner of Civil Service, shall
collect from each candidate the following fees: "(c) Complete Examination

"For complete physician examination "1) Anatomy and Histology

"For preliminary or final examination

"2) Physiology
"For registration as physician
"3) Biochemistry
"All fees paid as provided herein shall accrue to the funds of
the Board of Medical Examiners and be expended for the "4) Microbiology and Parasitology
payment of the compensation of the members thereof. No
fees other than those provided herein shall be paid to the "5) Pharmacology and Therapeutics
Board.

"6) Pathology
"Sec. 20. Issuance of Certificates of Registration, grounds
for refusal of same. The Commissioner of Civil Service, the
chairman, the members and the Secretary of the Board of "7) Medicine
Medical Examiners shall sign and issue certificates of
registration to those who have satisfactorily complied with "8) Obstetrics and Gynecology
the requirements of the Board. They shall not issue a
certificate of registration to any candidate who has been
convicted by a court of competent jurisdiction of any criminal "9) Pediatrics and Nutrition
offense involving moral turpitude, or has been found guilty of
immoral or dishonorable conduct after the investigation by "10) Surgery and Ophthalmology,
the Board of Medical Examiners, or has been declared to be Otolaryngology and Rhinology
of unsound mind.

"11) Preventive medicine and Public

"Sec. 21. Scope of examination. The following subjects shall Health, and
be given in the examinations:

"12) Legal Medicine, Ethics and Medical

"(a) Preliminary Examination Jurisprudence

"1) Anatomy and Histology

"The questions shall be the same for all applicants. All systems that have direct impact on public health
answers must be written in English. No name of the care;
examinee shall appear in the examination paper but the
examiners shall devise a system whereby each applicant
(b) To promote and advocate the use of traditional,
can be identified by number only.
alternative, preventive and curative health care
modalities that have been proven safe, effective,
"In order that a candidate may be deemed to have passed cost effective and consistent with government
his examination successfully he must have obtained a standards on medical practice;
general average of seventy-five per cent without a grade
lower than fifty per cent in any subject: Provided, That a
(c) To develop and coordinate skills training
candidate who fails for the third time in the complete or final
courses for various forms of traditional and
examinations will be required to take a refresher course
alternative health care modalities;
prescribed by the Board of Medical Examiners of at least one
(1) year in a recognized medical school or college before he
could be allowed to take subsequent examinations. (d) To formulate standards, guidelines and codes
of ethical practice appropriate for the practice of
traditional and alternative health care as well as in
"If the applicant is found to be proficient in the subjects in the
the manufacture, quality control and marketing of
preliminary examinations, he or she shall be exempt in these
different traditional and alternative health care
subjects at the time of the final examination. In case of
materials, natural and organic products, for
failure in any subject at any preliminary examination given in
approval and adoption by the appropriate
accordance with this section, the candidate shall not then be
government agencies;

--
RA 8423
AN ACT CREATING THE PHILIPPINE INSTITUTE OF
TRADITIONAL AND ALTERNATIVE HEALTH CARE
(PITAHC) TO ACCELERATE THE DEVELOPMENT OF
TRADITIONAL AND ALTERNATIVE HEALTH CARE IN
THE PHILIPPINES, PROVIDING FOR A TRADITIONAL
AND ALTERNATIVE HEALTH CARE DEVELOPMENT
FUND AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives
of the Philippines in Congress assembled::
Section 1. Short Title. – This Act shall be known as the
“Traditional and Alternative Medicine Act (TAMA) of
1997.”
(e) To formulate policies for the protection of
indigenous and natural health resources and
technology from unwarranted exploitation, for
approval and adoption by the appropriate
government agencies;
(f) To formulate policies to strengthen the role of
traditional and alternative health care delivery
system; and
(g) To promote traditional and alternative health
care in international and national conventions,
seminars and meetings in coordination with the
Department of Tourism, Duty Free Philippines,
Incorporated, Philippine Convention and Visitors
Corporation and other tourism-related agencies as
well as non-government organizations and local
government units.

ARTICLE II
ARTICLE I
DEFINITION OF TERMS
GUIDING PRINCIPLES

Section 4. Definition of Terms. – As used in this Act, the

Section 2. Declaration of Policy. – It is hereby declared the
following terms shall mean:
policy of the State to improve the quality and delivery of
health care services to the Filipino people through the
development of traditional and alternative health care and its (a) “Traditional and alternative health care” – the
integration into the national health care delivery system. sum total of knowledge, skills and practices on
health care, other than those embodied in
biomedicine, used in the prevention, diagnosis and
It shall also be the policy of the State to seek a legally
elimination of physical or mental disorder.
workable basis by which indigenous societies would own
their knowledge of traditional medicine. When such
knowledge is used by outsiders, the indigenous societies can (b) “Traditional medicine” – the sum total of
require the permitted users to acknowledge its source and knowledge, skills, and practice on health care, not
can demand a share of any financial return that may come necessarily explicable in the context of modern,
from its authorized commercial use. scientific philosophical framework, but recognized
by the people to help maintain and improve their
health towards the wholeness of their being, the
Section 3. Objectives. – The objectives of this Act are as
community and society, and their interrelations
follows:
based on culture, history, heritage, and
consciousness.
(a) To encourage scientific research on and
develop traditional and alternative health care
 (c) “Biomedicine” – that discipline of medical care
advocating therapy with remedies that produce
effects differing from those of the diseases treated.
It is also called “allopathy”,”western medicine”,
“orthodox medicine”, or “cosmopolitan medicine”.
(d) “Alternative health care modalities” – other
forms of non-allopathic, occasionally non-
indigenous or imported healing methods, though
not necessarily practiced for centuries nor handed
down from one generation to another. Some
alternative health care modalities include
reflexology, acupressure, chiropractics, nutritional
therapy, and other similar methods.
(e) “Herbal medicines” – finished, labelled,
medicinal products that contain as active
ingredient/s serial or underground part/s of plant or
other materials or combination thereof, whether in
the crude state or as plant preparations.
Plant material includes juices, gums, fatty oils,
essential oils, and other substances of this nature.
Herbal medicines, however, may contain
excipients in addition to the active ingredient(s).
Medicines containing plant material(s) combined
with chemically-defined active substances,
including chemically-defined, isolated constituents
of plants, are not considered to be herbal
medicines.
(f) “Natural product” – those foods that grow
spontaneously in nature whether or not they are
tended by man. It also refers to foods that have
been prepared from grains, vegetables, fruits,
nuts, meats, fish, eggs, honey, raw milk, and the
like, without the use or addition of additives,
preservatives, artificial colors and flavors, or
manufactured chemicals of any sort after harvest
or slaughter.
(g) “Manufacture” – any and all operations
involved in the production, including preparation,
propagation, processing, formulating, filling,
packing, repacking, altering, ornamenting,
finishing, or otherwise changing the container,
wrapper, or labelling of a consumer product in the
furtherance of the distribution of the same from the
original place of manufacture to the person who
makes the final delivery or sale to the ultimate
consumer.
(h) “Traditional healers” – the relatively old, highly
respected people with a profound knowledge of
traditional remedies.
(i) “Intellectual property rights” – is the legal basis
by which the indigenous communities exercise
their rights to have access to, protect, control over
their cultural knowledge and product, including, but
not limited to, traditional medicines, and includes
the right to receive compensation for it.
ARTICLE III
THE PHILIPPINE INSTITUTE OF TRADITIONAL AND
ALTERNATIVE HEALTH CARE
Section 5. Philippine Institute of Traditional and
Alternative Health Care. – There is hereby established a
body corporate to be known as the Philippine Institute of
Traditional and Alternative Health Care, hereinafter referred
to as the Institute. The Institute shall be attached to the
Department of Health. Its principal flag office shall be in
Metro Manila, but it may establish other branches or offices
elsewhere in the Philippines as may be necessary or proper
for the accomplishment of its purposes and objectives.
Section 6. Powers and Functions. – In furtherance of its
purposes and objectives, the Institute shall have the
following powers and functions:
(a) To plan and carry out research and
development activities in the areas of traditional
and alternative health care and its ultimate
integration into the national health care delivery
system;
(b) To verify, package and transfer economically
viable technologies in the field of traditional and
alternative health care, giving emphasis on the
social engineering aspects necessary for group
endeavor;
(c) To provide the data base or policy formulation
that will stimulate and sustain production,
marketing and consumption of traditional and
alternative health care products;
(d) To organize and develop continuing training
programs for physicians, nurses, pharmacists,
physical therapists, and other professional health
workers and students, as well as scientists,
research managers and extension workers in the
field of traditional and alternative health care;
(e) To formulate policies that would create public
awareness through educational activities,
conventions, seminars, conferences, and the like
by focusing on the promotion of healthy living for
preventing diseases, thereby uplifting the health
care industry;
(f) To acquire or obtain from any governmental
authority whether national or local, foreign or
domestic, or from any person, corporation,
partnership, association or other entity, such
charters, franchises, licenses, rights, privileges,
assistance, financial or otherwise, and
concessions as are conducive to and necessary or
proper for the attainment of its purposes and
objectives;
(g) To receive and acquire from any person and/or
government and private entities, whether foreign
or domestic, grants, donations and contributions
consisting of such properties, real or personal,
including funds and valuable effects or things, as
may be useful, necessary or proper to carry out its
purposes and objectives and administer the same
in accordance with the terms of such grants,
donations and contributions, consistent with its
purposes and objectives;
(h) To serve as the coordinating center of a
national network of traditional and alternative
health care stations located in the different regions
of the country;
(i) To formulate a code of ethics and standards for
the practice of traditional and alternative health
care modalities for approval and adoption by the
appropriate professional and government
agencies;
(j) To formulate standards and guidelines for the
manufacture, marketing and quality control of
different traditional and alternative health care
materials and products for approval and adoption
by the Bureau of Food and Drugs;
(k) To coordinate with other institutions and
agencies involved in the research on herbal
medicines;
(1) To adopt and use a corporate seal;
(m) To sue and be sued in its corporate name;
(n) To succeed by its corporate name;
(o) To adopt its bylaws and promulgate such rules
and regulations as may be necessary or proper to
implement this Act, and to amend or repeal the
same from time to time;
(p) To enter into, make and execute contracts and
agreements of any kind or nature;
(q) To borrow, raise or obtain funds, or to enter
into any financial or credit arrangement in order to
support or carry out its research programs, finance
its capital and operating expenses, subject to
pertinent laws governing public debts and
expenditure;
(r) To invest in, purchase or otherwise acquire,
own, hold, use, mortgage, pledge, encumber, sell,
assign, convey, exchange, or otherwise deal in
real and/or personal properties of whatever kind
and nature, or any interest therein, including
shares of stock, bonds, notes, securities and other
evidences of indebtedness of natural or juridical
persons, whether domestic or foreign and whether
government or private;
(s) To exercise all the powers of a corporation
under the General Corporation Law, insofar as
such powers are not in violation of the provisions
of this Act; and
(t) To exercise such other powers and functions,
and perform other acts as may be necessary,
proper or incidental to the attainment of its
purposes and objectives.
Section 7. Board of Trustees. – The corporate powers of
the Institute shall be exercised, and all its business, activities
and properties shall be controlled by a Board of Trustees,
hereinafter referred to as the Board.
(a) Composition. – The Board shall be composed
of the following:
Secretary of Health – ex-officio
chairman
Permanent representatives of the
following government offices:
Department of Science and Technology;
Department of Environment and Natural
Resources;
Department of Agriculture;
Department of Education, Culture and
Sports; and
Commission on Higher Education.
Representatives of the following
industries/sectors:
One (1) physician who is engaged in the
practice of traditional and alternative
health care;
One (1) member from a duly recognized
academe/research institution engaged in
traditional and alternative health care
research;
One (1) traditional and alternative health
care practitioner who is not a physician;
One (1) biomedical/allopathietwestem
medical practitioner preferably from the
Philippine Medical Association;
One (1) member from the natural food
industry and/or organic food industry;
and
One (1) member from an environmental
sector organization,
The six (6) members representing the
abovementioned sectors/industries shall
be appointed by the President of the
Philippines upon recommendation of the
Secretary of Health.
Of the appointive members, two (2)
members shall have a term of three (3)
years; the second two (2) members shall
 have a term of three (3) years; and, the
third two (2) members shall each have a
term of one (1) year.
Any member appointed to a vacancy
shall serve only for the unexpired term
of the member whom he/she
succeeded.
(b) Meetings and quorum. – The Board shall meet
regularly at least once a month or as often as the
exigencies of the service demand. The presence
of at least six (6) members shall constitute a
quorum, and the majority vote of the members
present, there being a quorum, shall be necessary
for the adoption of any resolution, decision, or any
other act of the Board.
(c) Allowances and per diems. – The members of
the Board shall receive a per them for every
meeting actually attended subject to the pertinent
budgetary laws, rules and regulations on
compensation, honoraria and allowances.
Section 8. Powers and Functions of the Board. – The
Board shall exercise the following powers and functions:
(a) To define and approve the programs, plans,
policies, procedures and guidelines for the Institute
in accordance with its purposes and objectives,
and to control the management, operation and
administration of the Institute;
(b) To approve the Institute’s organizational
structure, staffing pattern, operating and capital
expenditure, and financial budgets prepared in
accordance with the corporate plan of the Institute;
(c) To approve salary ranges, benefits and
privileges, bonuses and other terms and
conditions of service for all officers and employees
of the Institute, upon recommendation of the
Director General and consistent with the salary
standardization and other laws;
(d) To appoint, transfer, promote, suspend,
remove or otherwise discipline any subordinate
officer or employee of the Institute, upon
recommendation of the Director General;
(e) To create such committee or committees and
appoint the members thereof, as may be
necessary or proper for the management of the
Institute or the attainment of its purposes and
objectives;
(f) To determine the research priorities of the
Institute consistent with the framework of its
purposes and objectives and in coordination with
other government agencies; and
(g) To exercise such other powers and functions
and perform such other acts as may be necessary
or proper for the attainment of the purposes and
objectives of the Institute, or as may be delegated
by the Secretary of Health.
Section 9. Director General and Other Officers. – The
Institute shall be headed by a Director General who shall be
appointed by the President of the Philippines upon
recommendation of the Secretary of Health. The Director
General shall have a term of six (6) years.
The Director General shall be assisted by such Deputy
Director General(s) and program managers/coordinators as
the Board may determine to carry out the purposes and
objectives of this Act.
Section 10. Powers, Functions and Duties of the
Director General. – The Director General shall have the
following powers, functions and duties:
(a) To exercise overall supervision and direction
over the implementation of all research and
development programs of the Institute, and to
supervise and direct the management, operation
and administration of the Institute;
(b) To execute contracts, including the deeds that
may incur obligations, acquire and dispose of
assets and deliver documents on behalf of the
Institute, within the limits of authority delegated to
him by the Board;
(c) To implement and enforce policies, decisions,
orders, rules and regulations adopted by the
Board;
(d) To submit to the Board an annual report of the
Institute;
(e) To submit to the Board an annual budget and
such supplemental budget as may be necessary
for its consideration and approval; and
(f) To exercise such other powers and functions
and perform such other duties as may be
authorized by the Board.
Section 11. Government Agency Support and
Coordination. – The Institute may, for the purpose of its
research and development activities, obtain and secure the
services of scholars, scientists and technical personnel of
any unit of the Department of Health and other agencies of
the Philippine Government. Such personnel may be paid
honoraria as may be fixed and authorized by the Board
following the usual government rules and regulations
governing honoraria and allowances. The Institute shall also
assist, cooperate and coordinate with other government
agencies, such as the Bureau of Food and Drugs of the
Department of Health and the Philippine Council for Health
Research and Development of the Department of Science
and Technology for the implementation of the purposes and
objectives of this Act.
ARTICLE IV
PROMOTION OF TRADITIONAL AND ALTERNATIVE
HEALTH CARE
Section 12. Traditional and Alternative Health Care
Advocacy and Research Program. – The Institute shall
promulgate a nationwide campaign to boost support for the
realization of the objectives of this Act. It shall encourage the
participation of non-government organizations in traditional
and alternative health care and health-related projects. The
Institute shall also formulate and implement a research
program on the indigenous Philippine traditional health care
practices performed by “traditional healers” using scientific
research methodologies.
Incumbent officials and employees of the affected offices
shall continue to exercise their respective functions, duties
and responsibilities with the corresponding benefits and
privileges. To the greatest extent possible and in accordance
with existing laws, all employees of the affected offices,
agencies and units shall be absorbed by the Institute.
ARTICLE VI
MISCELLANEOUS PROVISIONS

Section 18. Oversight Function. – The Institute shall

Section 13. Standards for the Manufacture, Marketing
submit to Congress an annual accomplishment report which
and Quality Control of Traditional Medicine. – The
shall include the status of its priority researches and
Institute, in collaboration with the Bureau of Food and Drugs,
operation. In the exercise of its oversight functions,
shall formulate standards and guidelines for the
Congress may inquire into the programs of the Institute.
manufacture, quality control and marketing of different
traditional and alternative health care materials and
products. Section 19. Implementing Rules and Regulations. –
Within thirty (30) days from the completion of their
appointments, the Board shall convene and, in collaboration
Section 14. Incentives for the Manufacturers of
with the Department of Health – Traditional Medicine Unit,
Traditional and Alternative Health Care Products. –
formulate the rules and regulations necessary for the
Manufacturers of traditional and alternative health care
implementation of this Act. Said rules and regulations shall
products like herbal medicinal plants shall enjoy such
be issued within one hundred eighty (180) days from the
exemptions, deductions and other tax incentives as may be
date of the Board’s initial meeting and shall take effect upon
provided for under the Omnibus Investment Code, as
publication in a newspaper of general circulation.
amended.

Section 20. Repealing Clause. – All laws, decrees,

Section 15. Traditional and Alternative Health Care
executive orders, and other laws including their
Development Fund. – To implement the provisions of this
implementing rules and regulations inconsistent with the
Act, there is hereby created a Traditional and Alternative
provisions of this Act are hereby amended, repealed or
Health Care Development Fund which shall be used
modified accordingly.
exclusively for the programs and projects of the Institute, in
the amount of Fifty million pesos (P50,000,000,00) for the
first year, Seventy-five million pesos (P75,000,000.00) for Section 21. Separability Clause. – If any provision of this
the second year, and One hundred million pesos Act is declared unconstitutional or invalid, other provisions
(P100,000,000.00) for the third year from the earnings of thereof which are not affected thereby shall continue in full
Duty Free Philippines: Provided, That not more than fifteen force and effect.
percent (15%) of said fund shall be used for administrative
costs of the Institute.
Section 22. Effectivity. – This Act shall take effect fifteen
(15) days following its publication in the Official Gazette or in
Thereafter, such amount as may be necessary to fund the at least two (2) newspapers of general circulation.
continued implementation of this Act shall be included in the
annual General Appropriations Act.
Approved: December 9, 1997

ARTICLE V
TRANSITORY PROVISIONS
Section 16. Appointment of Board Members. – Within
thirty (30) days from the date of effectivity of this Act, the
President of the Philippines shall appoint the members of the
Board as well as the Director General and Deputy Director
General(s).
Section 17. Transfer of Functions of the Traditional
Medivine Unit. – Upon the establishment of the Institute, the
functions, personnel and assets of the Traditional Medicine
Unit and all the pharmaceutical and herbal processing plants
of the Department of Health shall be transferred to the
Institute without need of conveyance, transfer of assignment.
For the year, during which this Act was approved, the
unexpended portion of the budget of the offices, agencies
and units merged shall be utilized for establishing the
Institute and initiating its operations, including the formulation
of the rules and regulations necessary for the
implementation of this Act.
reexamined in such subject in which he may have failed until
he shall have finished the prescribed course of medical study
and internship.
"Sec. 22. Administrative investigations. In addition to the
functions provided for in the preceding sections, the Board of
Medical Examiners shall perform the following duties: (1) to
administer oath to physicians who qualified in the
examinations; (2) to study the conditions affecting the
practice of medicine in all parts of the Philippines; (3) to
exercise the powers conferred upon it by this article with the
view of maintaining the ethical and professional standards of
the medical profession, (4) to subpoena or subpoena duces
tecum witnesses for all purposes required in the discharge of
its duties; and (5) to promulgate, with the approval of the
Commissioner of Civil Service, such rules and regulations as
it may deem necessary for the performance of its duties in
harmony with the provisions of this Act and necessary for the
proper practice of medicine in the Philippines.
"Administrative investigations shall be conducted by at least
two members of the Board of Medical Examiners with one
legal officer sitting during the investigation, otherwise the
proceedings shall be considered void. The existing rules of
evidence shall be observed during all administrative
investigations. The Board may disapprove applications for
examination or registration, reprimand erring physicians, or
suspend or revoke registration certificates, if the respondents
are found guilty after due investigation.
"Sec. 25. Rights of respondents. The respondent physician
shall be entitled to be represented by counsel or be heard in
person, to have a speedy and public hearing, to confront and
to cross-examine witnesses against him or her, and to all
other rights guaranteed by the Constitution and provided for
in the Rules of Court."
Section 2. This Act shall take effect upon its approval.
Approved: June 19, 1965
RESIDENTIAL DECREE No. 541 August 20, 1974
ALLOWING FORMER FILIPINO PROFESSIONALS TO
PRACTICE THEIR RESPECTIVE PROFESSIONS IN THE
PHILIPPINES.
WHEREAS, a considerable number of Filipino professionals
have, with the passage of time, gone to other countries to
pursue further studies and/or take up specialized studies in
their chosen fields of endeavor while others emigrated to
other lands in search of better job opportunities;
WHEREAS, since their departure from the Philippines some
of these professionals have become naturalized citizens of
their host countries so that they are now barred from the
practice of their profession in our country;
WHEREAS, a considerable number of these erstwhile
Filipino professionals are now desirous to come home under
the Balikbayan Program and, while here, would like to serve
our people or share their advanced knowledge and expertise
with their local professional colleagues;
WHEREAS, for the sake of faster national development our
government is now trying to attract these erstwhile Filipino
professionals to return and reside permanently in the
Philippines so that they can provide the talent and expertise
urgently needed by the homeland;
NOW, THEREFORE, I, FERDINAND E. MARCOS,
President of the Philippines, by virtue of the powers vested in
me by the Constitution, do hereby decree and order the
following:
Section 1. The provisions of all existing laws, rules and
regulations, decrees, orders, and instructions to the contrary
notwithstanding, professionals who were formerly citizens of
the Philippines and who have previously passed licensure
examinations in the Philippines for the practice of their
profession, may, while in this country on a visit, sojourn or
permanent residence, practice their profession: Provided,
That they are professional practitioners of good standing
prior to their departure from the Philippines and in their
adopted country: Provided further, That prior to the practice
of their profession they shall have first registered with the
Professional license fee; and Provided finally, That they shall
pay the corresponding income tax due on all incomes
realized by them in the practice of their respective
professions in the Philippines.
Section 2. The Professional Regulations Commission shall
promulgate the necessary rules and regulations to
implement and carry out the purposes of this Decree.
Section 3. This Decree shall take effect immediately.
DONE in the City of Manila, this 20th day of August, in the
year of Our Lord, nineteen hundred and seventy-four.
PRESIDENTIAL DECREE No. 819 October 24, 1975
DECLARING A BALIK-SCIENTIST PROGRAM,
ALLOWING ANY FOREIGN-BASED SCIENTISTS,
PROFESSIONAL, TECHNICIAN, OR ANY PERSON WITH
SPECIAL SKILL OR EXPERTISE WHO IS OF FILIPINO
ORIGIN OR DESCENT TO PRACTICE HIS/HER
PROFESSION OR EXPERTISE IN THE PHILIPPINES AND
ALIGNING INCENTIVES FOR HIM/HER AND FOR OTHER
PURPOSES
WHEREAS, Letter of Instruction No. 210 dated August 20,
1974 extending the Balikbayan Program to another period
beginning September 1, 1975 to February 29, 1976, and has
especially emphasized "our duty to encourage overseas
Filipino scientists and technicians to come home and apply
their knowledge to the development programs of the
country . . .";
WHEREAS, Presidential Decree No. 541 allows erstwhile
Filipino professionals to practice their professions in the
Philippines under certain conditions but did not specify
Filipino professionals who passed licensure examinations
given by their host country;
WHEREAS, Presidential Decree No. 659 amending Section
5(j) of Presidential Decree No. 223 allows foreign nationals
to practice their professions in the Philippines, also under
certain conditions, but did not include those of Filipino origin
and descent and their families who may also qualify under
the Balikbayan Program;
WHEREAS, Presidential Decree No. 439 as amended by
Presidential Decree No. 592 providing for tax holiday for
overseas Filipinos as contemplated in Letters of Instructions
No. 105, 163 and 210 which would include Balik-Scientists,
is co-terminous with the Balikbayan program which will end
on February 29, 1976;
WHEREAS, there is need of attracting foreign-based
scientists, professionals, or persons with special skill or
expertise who are of Filipino descent or origin to visit the
Philippines in order for them to learn the truth about the New
Philippines and contribute their share in the building of a
New Society;
NOW, THEREFORE, I, FERDINAND E. MARCOS,
President of the Philippines, by virtue of the powers in me
vested by the Constitution, do hereby decree and order the
following:
Section 1. Any foreign-based scientist, technician, or radio, television or any other means of communication, either
professional, or any person with special skill or expertise offer or undertake by any means or method to diagnose,
who is a Filipino or of Filipino origin or descent and the treat, operate or prescribe any remedy for any human
members of his/her family, who is licensed to practice his/her disease, injury, deformity, physical, mental or physical
profession, special skill or expertise in his/her host, adopted condition; or (c) who shall use the title M.D. after his name.
or native country, may practice his/her profession, special
skill or expertise while staying in the Philippines either on a
Section 11. Exemptions. The preceding section shall not be
temporary or permanent basis upon approval by the
construed to affect (a) any medical student duly enrolled in
Secretary of Health: Provided, That such foreign-based
an approved medical college or school under training,
scientist, technician or professional shall first register with
serving without any professional fee in any government or
the Professional Regulation Commission regardless of
private hospital, provided that he renders such service under
whether or not, his special skill or expertise falls within any of
the direct supervision and control of a registered physician;
the regulated professions and vocations in the Philippines
(b) any legally registered dentist engaged exclusively in the
and pay the required license fee for the practise of her/his
practice of dentistry; (c) any duly registered masseur or
profession, skill or expertisee in his country.
physiotherapist, provided that he applies massage or other
physical means upon written order or prescription of a duly
Section 2. All incentives, benefits and privileges now registered physician, or provided that such application of
granted to or being enjoyed by overseas homecoming massage or physical means shall be limited to physical or
Filipinos (Balikbayans) under existing decrees maybe muscular development; (d) any duly registered optometrist
availed of by professionals, scientists, or technicians referred who mechanically fits or sells lenses, artificial eyes, limbs or
to in Section 1 hereof, for the duration of the Balik-Scientist other similar appliances or who is engaged in the mechanical
program which shall run for a period of five (5) years from examination of eyes for the purpose of constructing or
the date of effectivity of this decree. adjusting eye glasses, spectacles and lenses; (e) any person
who renders any service gratuitously in cases of emergency,
or in places where the services of a duly registered
Section 3. The Department of Tourism, the National Science
physician, nurse or midwife are not available; (f) any person
Development Board and the Professional Regulation
who administers or recommends any household remedy as
Commission shall coordinate their activities in this regard
per classification of existing Pharmacy Laws; and (g) any
and, within thirty (30) days from the promulgation of this
psychologist or mental hygienist in the performance of his
Decree, jointly promulgate such rules and regulations as
duties, provided such performance is done in conjunction
maybe necessary to implement and carry out effectively the
with a duly registered physician.
purpose, spirit and objective of this Decree. Said Rules and
Regulations shall include such additional incentives, benefits
and privileges that maybe necessary to attract the individuals
referred to in Section 1 hereof, to come and help in the
scientific and technological advancement of the country.
Section 5. No law shall be made respecting an
establishment of religion, or prohibiting the free exercise
Section 4. The Secretary of Tourism, in his capacity as thereof. The free exercise and enjoyment of religious
Chairman of the Civil Aeronautics Board, or his duly profession and worship, without discrimination or preference,
authorized representative, is hereby authorized to negotiate shall forever be allowed. No religious test shall be required
with or secure from any airline company non-revenue or for the exercise of civil or political rights.
discounted air passage tickets for the use of any of the
individuals covered by this Decree.
A religious test is a legal requirement to swear faith to a
specific religion or sect, or to renounce the same.
Section 5. All laws, decrees, orders, letters of instructions,
rules and regulations or parts thereof that are inconsistent
with the provisions of this Decree are hereby repealed,
superseded, modified or amended accordingly.

Section 6. This Decree shall take effect immediately.

DONE in the City of Manila, this 24th day of October, in the

year of Our Lord, nineteen hundred and seventy-five.

FAITH HEALING

Section 10. Acts constituting practice of medicine. A person

shall be considered as engaged in the practice of medicine
(a) who shall, for compensation, fee, salary or reward in any
form, paid to him directly or through another, or even without
the same, physical examine any person, and diagnose, treat,
operate or prescribe any remedy for any human disease,
injury, deformity, physical, mental or physical condition or
any ailment, real or imaginary, regardless of the nature of the
remedy or treatment administered, prescribed or
recommended; or (b) who shall, by means of signs, cards,
advertisements, written or printed matter, or through the