Republic of the Philippines PROFESSIONAL REGULATION. COMMISSION (PRC) Manila RESOLUTION NO. 06-342 (A) Series of 2006 NEW RULES OF PROCEDURE IN ADMINISTRATIVE INVESTIGATIONS IN THE PROFESSIONAL REGULATION COMMISSION AND THE, PROFESSIONAL REGULATORY BOARDS WHEREAS, thete ie an urgent need to revise the existing rules and regulations governing aominiswatveinvestganons. Mt tne Professional Regulation Commission (hereafter the "Gommission") and the Professional Regulatory Boards (hereafter the "Boards" or "Board". promulgated pursuant to Sec. 7 (d), (p) and (s) and Sec. § (c) of Republic Act No. 898%, othernise known as the ‘PRC Wodernzation Act ‘of 2000", to achieve a fair. expeditious and inexpensive disposition of cases ied withthe Commission and the Bosrcs. NOW, THEREFORE, the Commission resolves to adopt and promulgate the folowing rules governing 2éminisiratve investigetions in the Commission and the Boards ARTICLE| GENERAL PROVISIONS Seo. 1. Title, - These Rules shall be known and cited as the ‘New Rules of Procedure in Administrative Investigations in the Professional Regulation Commission and tho Professional Recuiatory Boars" Sec. 2. Scope. - These Rules are issued in the exercise of the quasl-judicial powers and functions o! the Commission and the cards pursuant to Republic Act No. 8981, and the laws regulating the various professions in relation to cases filed against the examinees in the lcessure examinations, professionals registered with the Commission, holders of temporary or special permits issued by the Commission upon ‘ecommerdation by the Board concerned, and members o the Boards ‘Sec. 3. Construction. - These Rules shall be liberally construed to promiote the objective of a just, speedy and inexpensive determination of cases. The Commission and the Boards shall mot be bound by ‘echricaltes but shall proseed to heer and decde cases na most expeditious manner to determine the facts o! each case consisent with Justis and equity. ‘Sec. 4. Nature of Action. - The administrative investigations shall be fact-tinding and summary in nature, without prejudice. however, to the due process of law, and imended primanly to determine f the rescondent is morally and technically qualified to be admitted to his profession, to practice or continue to practice his profession, of continue to bo a member of the Board. Sec, 5, Rules of Evidence. - Uniess othornise provided in those Rules, the rules on evidence under the Rules of Court shall be applicable in the administiative Investigations but technical errers in the admission of the evidence which do not prejudice the substantive rights of the parties shall not vitate the proceedings. 2 BH NEW PILES OF PRGERDLRC Te ANTSTRATRE ERT peteSec. 6. Jurisdiction. - Service of summons with a copy of the formal charge or complaint shall vest the Commission or the Board with jurisdiction over the person of the respondent and the power to hear and decide the case even if he subsequently leaves the Philippines or fals to ‘appear dung the hoarings of the case. Sec 7. Due Process. - The respondent shall be informed of the charge against him and shall be entitled tq be represented by counsel or tbe heard in person, to have a speady end public tra, 1o confront and to cross-examine witnesses against him andkte all other righis guaranteed by tne Consttution See 8 Rules of Procedure, - Te Puls shal unter appl 10 administrative investigations ronchicted io the Central Oftiea and in the Regional Ottices of tho Commission. Sec. §. Prohibited Pleadings and Motions. - The tolowing Pleadings, motions and petitions shall not be allowed by the Commission ‘or the Board and shall be considered mete scraps of paper in the cases coveted by these Rules: ‘Molin io dismiss the ccmpaini eXeept an the ground of lack of |urseicton over the subject matiar ortho percen ofthe respondent 2 Motion fora Billet Parteulare; 8. Motion for new tral or for reopening of ial 4 Pettion for elie trom judgment; 5 Motion for extension of ta ta tle pleaags, affidauts or any other opens: 5 Second or subsequent motions fo reconsideration; 7 ‘Appeal 01 petition for cetiorai, madam, cr profibtion aga ‘nlelocuty Ider issued by ke Commission ar ne Hoard 8 Mixion to dectare the tespendent in cetaut, 8__Diatory mations tor postponement, 10. Roply and ejoinserand 3. Demumerto eviene Sec 19. Delegation of Hearing. - Tho hearing ot the administrative case may be delegated by the Gommission or the Board to any lawyer of he Commission of official of the Resional Oifice in charge of handing administrative cases. The lanyers of the Cammiss on may act as elther hearing officers or special prosecutors motu proprio investigations. In_adcition thereto, lawyers 0! the Commission mompbars of the Boards may administer oath as may be necessat taking the testimony of a party or a witness in connection wth any investigation. The lawyer of the Commission or any member of the Board shall have the power to exciude from the hearing room any person, party, witness Of legal counsel who, curing the hearing, disrupts ihe proceedings or Conducts himself in a dsorderly manner. Such person, pary, witness or egal counse! may be cited for contempt if he stil creates disturbance Sutside the hearing room thet causes disruption of the proceedings Sec. 11. Presence of Board Members. - The prosonce of & ‘momber of the Board shell be required in cases invulviny the pracive the profession. However, such prasenca may be waived upon agreement by both partios, 2D CEDURE W AOUIETEA NE IRPESTOATION®‘Sec. 12. Pendency of Another Case, - The fing or pendency of a criminal and/or civil case before a coustyot law or an administrative Case before another quasi sical body against an examinee, registered professional, holder of a temporary or special permit or a member of the Board involving the same facts as in the adhinistrative case tiled or to be filed before the Commission or the Board shall neither suspend rior tar the proceedings of the latler case. The Commission or the Boarc shall proceed independently with the investigation of the case and shall render therein ts decision without awaiting the final decision of the court ‘or tho quect judicial Body Ses. 19. Cases Covered, - The adiminisitative investigations st Include Out shall not be limited to the following grounds. Imimeral o- Eshonoieble conduct, Unorolessional or unethical conduck Ieseni Cavaco oa exrinaloeneo raging moral tpt; 1 5 Gross negligence or incompetonco in tha practcn oi profession: 8. Use or perparation of fraud or deceit in the acquistton of Cetficete Of Registaton/Protessional License, Temaorary ot Soecial Fern) Professional Idenificaton Card (PRGIO Card), STW Genttcate ot Gampetency ard Ercorsement Cariteat: 7 Violation of any oF the provisions of Republic Ast No. 8981, he laws Feguiatra the various profeesons, tnqir implementing ruled. anc Fogulatons and their coda of ethics: 8. Neglect of cuty ‘Commssion of ireoulattes in the lcensure examinations wt ‘or impugn the legit ofthe examination, crvisiaton of any rule or regulation poverting such examinations: and 20 Shieh thor eaueo of eaucae ae may bo provded by lw Sec. 14, Imposable Penalty. - if found guilty, the erring professional registered with the Commission, holder of a temporar special permit or a member of the Board shall be meted the ocnally of Fepiimard, suspension or revocation ot his certficate of eaistrationiprofessional icense or permit. In the case of a guilty member of the Board, the Commission chall alco Fecommend to the President of the Philippines his suspensior removal from office, as the caso may bo. In case of an examinee found guilly of the charge leveled against him the imposable penalty shall be cancellation of his examination papers andior debarment from taking a licensure examination Soc. 18. Contempt, - A contempt committed against the Gomimission or the Boate or any member thereof. or a lewyer cf tho Commission may be fled with the Regional Trial Gourt having terrtcr a juisciction over the offce of tho Commission or the Board and shall be ‘governed by the applicable provisions of the Rules of Court Any one whe, without lawul excuse, tala to appear upon summons'subpoene issued under the authority of the Commission o: the Board or who, while appearing before the Commission or ihe Board, Fefuses to take an oath, give testimony cr produce documents ior inspection when lanfully required.Sec. 16. Affidavit of Proof of Service. - All pleadings filed with the Commission or the Board must be accompanied with an affidavit of reo! of service upon the adverse party. A pleading without the affidavit ‘of ptoo! oF service shall not be accepted by the Commission or the Boars ARTICLE 11 RULES OF PROCEDURE. Ses. 1. Complaint. - A complaint shall be in writing and under ‘oath of embodied in an affidavit Sec, 2, Who May File. - The complaint may be filed by any Porson, firm, partnership, association or corporation, through its iy werizeri raptrsentalive. The Commiccion of the Boacd may, atu Prooro, initiate an administrative investigation. in which case. h omplanant shall be the offiea, section or division of the Commission where the respondent committed the actionable conduct or violation of he rule or tegulation of tne Commission othe Board, ‘See. 3. Language and Contents. - The comolaint must be wrt in a.cloar, simple and concise language so as 10 apprise the respondent of the nalure and cause of the charge against him and to enable tim to intoligontly prepare his defense or answer. The complaint shail contain the following Full names and complete addresses of the complainant and the ropondert 2 The fespondert’s ccolession together win his Ceriteata. a! Regstraton of License or perm! rumoer and date of iscuance lable a In case tha respondent complained of is an examinee, the ‘2vamination bo has applied foro: iaken, and the detelstheveo A oret navoton ot the «aerial faLis wick SHUW ts 2 omissions allegedly commited by tne tesponden! cansttiting the charge, offense or cause of action The discpnary action prayed tr, and Gertie true cepias of documontary idence, are the afidlait's of ‘vinossiosif any Sec. 4. Number of Copies. - The complaint, together with sho documentary evidenos and affidavit’s of witness/es, if any, stall be fied in such number as there are respondents, plus two (2) copies for the file The atfidavitls required to be submitted shall state facts only of direct personal knowledge to the aifiant and shall show the compstence of he attiant to testify to the matters stated therein. A violation of the foregoing fequirement shall be @ ground tor expunging the affidavit or portion thereot trom the record, Sec. 5. Where to File a Complaint. - & complaint may be filed t the Legal and Investigation Division (Legal Division} of the Central Ofice OF ai the Kegional Oftice of the Commission having territoral jurisdiction ver the parties at the option of the complainant. ‘Sec. Venue. - Uniess the parties have agreed that a particular Regional Office shall be the venue of the proceedings, tha verue 0! the zction 8shal be the Regional Otis within whose tortion jareclteon the corpainant or ‘ie respondont resides, atthe option ofthe complainant, provided thatthe Office has a lanyer ors Director or Otfcern-Charge is awyet lr case of complains fled dreciy wih he Reganel Orie, the lator shal ver ty whet te coneemad Board nas jurseition ever the parson cf tho reepordent aod (et the subjact matter, through avalablereeo(as in ts possession. Oe se. | vetlcalion shal bo made wit he Cental Ofc. Sec. 7. Withdrawal of the Complaint. . A complaint may b> xithdrawn by the complainant in writing ‘and under oath before the case is submitted for decision. The Commission or the Board shail forthw th dismiss the case unless the Commission ot the Board shall deam t necessaty to ignore the withdrawal and to prosccute the case in th intorest of the public or for the puntection of the standarse of tho profession arin view of the obvious mert of the case Sec. 8, Issuance of Summons. - On the basis of the complaint the Commission or the Board: shall issue a summons requiring ihe Fosponcent to file his counter-alfidavit or verilied answer within fitoon (15) days from receipt thereof with notice that unless the respondent so answers, the complainant shall be allowed by the Commission or tne Board to present his evidence ex-parié ‘and the Commission cr the Board shall render judgment on the basis tnereot, See. 8. Counter-Aifidavit or Verified Answer. - The courte affidavit or verified answer with the documentary evicenae and affidavt s of wiinessies, it any, to be filed by the respondent pursuant to Sec 8 above shall also inclutie 2 statement incicating whether or not he ele: a formal investigation or waives his right thereto and submis ¢ for decision based on the pleadings, A copy of the counter-aifdavit or veriied answer shall be solved simultaneously upon the complainant not later than titteen (15) days ‘rom rocaipt of the cummeno. Sec. 10. Failure to Serve Summons. - tho complcint shell be dismissed, without prejudice, by the Commission or the Bo ne Summons canriot be served upon the respondent after three (3) attempts to serve. Sec. 11. Order of Default. - Failure of the respondent to file His counter-aftidavit or verified answer within ‘itteen (15) days trom his feceip! of summons shall be consined as @ waiver to fie the same Thereupon, the Commission or the Board shall issue an order of de‘auit ape allow the complainant to present his evidence, and render judgment on the basis thereo! Seo, 12. Service of Summons. - Sesvce ci surmons shal be mass the: personal or by mal et the last known or registered addass ofthe respondent as indicated in the complant. f service cannot be mado personally, tay oe sted by leaving a copy tereot al the respondents residence wil Some pers 0 sulable 292 anc discretion thon reeding therein, Whenever the address of tho respondent unknow and cannot Be ascar diigent neuiy, service of surmmens may, by leave of he Gonnissien ota be fasted upon him vy yobluatn N's heaspaper 0! nationwide efculaioe Such places ard for such lime as the Commission or tha Board may ordor. Such Service may be proved by 19 aca ofthe printer, he foersan at pivspal cles af the editor, business or adverising manager, fo woh afidavt a putlicaten shal be at se ony ot Meaffidavit showing the Geposit of a copy of the summons and order publication in the post office, postage prepaid, direcied to the Tespondent by registered mailto his last known address. Sec. 13. Service of Notices, Motions, Orders, Judgments, Appeals and Pleadings. — (2) Service of notices, orders, motions, judgments, aopeals, pleadings and other elated papers may be made either peiscraly oy y mal lhe ast ‘oem of registered accesses of he respectve counsal ct rasa ct tna ‘complarrant and the respondent. senice caret be made personel. i may be eflectad by leaving a copy thereo! al the counsel's oice wit some responsible verson in charbe ofthe courses clfice between the hours ol eight (@) im the morning and, ve (6) in the stemeer Ary Glarue tt he AOUless or te counsel'o! record’ shal be tepcrtod iting tothe Commission oro tha Board IF services rot made percoraly, sonie® by reoistered mai shal & Fequirod if rgisry service exists nthe locally. Otherwise. s2vice may bbe made by depositing a copy ofthe pleasing, mation, order, judg ¢ pape 19 be served in the post of. n a Sead envelope, pisny ‘2ddessau tothe party's counsel at ns otice, known, othenmes at he fesidence, if known, wth postage fuly prepaid and vr insitucions ‘0 ‘Ws postmaster to retum tho mai t0jRe sender aller fen (10) days Undelivered: 7 Porsonal sanice shall be considered comolete uccn actual detvery. Sewsice by ordinary mall shall be compete upan the expitaton of ion (10) days alte: maitrg, Sere by repstered mal shall no complete Upon actual reosin by ine party cancemed. but i he fale to Gaim he ‘mail fom the pest oftco witin fwe (6) Gaye fom the dete othe frst fovice ot the postmaster, sonic, shall take effect al the expration of such tma; and (2) Somvica on courselis service on a pay whorn sald couse ooresenis Soc. 14. Motions for Postponement. - Notcns for postecnament which shall be in writing, chall be eerved upon the Commissio ur ile Board and all parties conoemed at least five (5) days prot 10 the scheduled hearing sought to be posiponed. A party may be granted a maximum af cnly thres (3) postconemerts suring the whole pracooding. A further postoonement sought by party after availing of the said three (3) postponements shall be dericd Faure on his pan to appear at the scheduled hearing shall be Considered @ waiver of his right to cross-examine the ‘witnesses presented by the other party or lo adduce his evidence. Each posipenement shall not exceed fiftesn (15) days. Sec. 18, Pre-trial Conference. - The Commission or the Boare shall set the case for a pre-trial conference within thirty (30) days irom Feceint of the counter-atidavit or verified answer. Tho notice of pre tal Conference shal be served upon the parties’ counsel of record, arc the counsel served with such notice is charged with the duty of notifying the Barly represented by him. The pre-trial conference shall be mandatory Sec, 18. Matters to be Considered. - Quring the oretrial conference, th parties chall soncider ang carce on the following (a) Possibly cf amicable setlenent, if alowable ib WASTE WHET