Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
2382
THE MEDICAL ACT OF 1959
(c) To determine and prescribe the minimum number and the minimum
qualifications of teaching personnel, including student-teacher ratio and
curriculum;
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.
(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:
Unit
English
12
Latin
Mathematics,
Statistics
including
Accounting
and
12
The officials acting as chairman and members of the Board of Medical Education shall
hold office during their incumbency in their respective positions.
15
Physics
Chemistry
21
Library Science
12
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:
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.
2.
3.
4.
5.
6.
7.
8.
9.
Date of publication
Calendar for the academic year
Faculty roll indicating whether on full time part time basis
Requirements of admission
Grading system
Requirements for promotion
Requirements for graduation
Medical hours per academic year by departments
Schedule hours per academic year by departments
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-todate 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,
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:
P 5.00
75.00
40.00
20.00
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.
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.
Approved: June 20, 1959
Section 3. Professional Regulation Commission There is hereby created a threeman 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.
(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;
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:
(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 being deputized by the Secretary of Justice;
(x) To prepare an annual report of accomplishments on the programs,
projects and activities of the Commission during the year for submission to
Congress after the close of its calendar year and make appropriate
recommendations on issues and/or problems affecting the Commission, the
Professional Regulatory Board, and the various professions under its
jurisdiction; and
(y) To perform such other functions and duties as may be necessary to carry
out the provisions of this Act, the various professional regulatory laws,
decrees, executive orders and other administrative issuance.
Section 8. Regional Offices The Commission is hereby authorized to create
regional offices as may be necessary to carry out their functions mandated under this
Act.
signature of the Board member concerned appearing thereon and submit the
results in all subjects duly signed by the members of the Board to the
Commission within ten (10) days from the last day of examination unless
extended by the Commission for justifiable cause/s; and subject to the
approval by the Commission, determine the appropriate passing general
average rating in an examination if not provided for in the law regulating the
profession; and
(i) To prepare an annual report of accomplishments on programs, projects
and activities of the Board during the year for submission to the Commission
after the close of each calendar year and make appropriate
recommendations on issues or problems affecting the profession to the
Commission.
Section 10. Compensation of the Members of the Professional Regulatory Boards
The members of the Professional Regulatory Boards shall receive compensation
equivalent to, at least, two salary grades lower than the salary grade of the
Commissioners: Provided, That the Chairperson of the Regulatory Board shall receive
a monthly compensation of two steps higher than the members of the Board,
and: Provided, further, That they shall be entitled to other allowances and benefits
provided under existing laws.
Section 11. Person to Teach Subjects for Licensure Examination on all
Professions All subjects for licensure examinations shall be taught by persons who
are holders of 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 years 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.
17)
Sanitary Engineers
18)
(b)
Seventy-five pesos:
Section 1.
Sections one, two, three, four, five and six of Republic Act Numbered
Four hundred sixty-five are hereby amended to read as follows:
"Section 1.
The provisions of existing law to the contrary notwithstanding,
applicants for any of the licensure examinations conducted by any of the boards
under the Office of the Boards of Examiners shall pay examination fees as follows;
(a)
1)
Accountants
2)
Agricultural Engineers
3)
Architects
4)
Chemical Engineers
5)
Civil Engineers
6)
Customs Brokers
7)
8)
9)
10)
Foresters
11)
Geodetic Engineers
12)
Licensing Contractors
1)
Chemists
2)
3)
Dietitians
4)
Geologists
5)
Medical Technologists
6)
7)
Nurses
8)
Optometrists
9)
Pharmacists
10)
Social Workers
11)
Sugar Technologists
12)
Veterinarians
13)
Midwives
14)
15)
(c)
Fifty pesos:
1)
2)
Harbor-Bay-River-Lake Patrons
3)
Minor Patrons
4)
Therapists
5)
Master Electricians
6)
13)
Master Marine Officers, except Chief, Second, Third Mates, Major, Minor or
Harbor Bay Lake-River Patrons
7)
Dental Hygienists
14)
8)
15)
Mining Engineers
9)
16)
10)
Provided, that in cases where removal examinations are allowed, the examination fee
shall fifty per centum of the original fee prescribed under classifications A, B and C
provided for under this section.
"Sec. 2.
Every applicant for registration in any of the professions or occupations
under regulation by the Office of the Boards of Examiners who passed the
corresponding examination shall pay a registration fee of fifty pesos for those falling
under class (a); forty pesos for those under class (b); and thirty pesos for those under
class (c) provided in section one, except those in the marine examinations who are
registered by the Philippine Coast Guard. An applicant for registration without
examination shall pay also the amount corresponding to the examination fee of the
profession or occupation applied plus the registration fee herein prescribed: provided,
that detailmen shall pay twenty pesos, mine or quarry foreman and chemical
technician, thirty pesos: provided, further, that applicants for registration who
qualified in the examination given prior to the approval of this Act, shall pay the
corresponding registration fee heretofore prescribed.
"Sec. 3.
Every practicing professional or practitioner of any of the occupations
regulated by the Office of the Boards of Examiners shall pay an annual registration
fee of five pesos: provided, that major or minor patrons, second, third, or fourth
motor or steam engineers, harbor-river-lake patrons, bay-river-lake-motor engineers,
master electricians, certified plant mechanics, master plumbers, midwives, chemical
technicians and mine or quarry foremen shall pay two pesos: provided, further, that
licensed contractors and detailmen shall be exempt from the payment of the annual
registration fee as they are required to renew their licenses or registrations annually.
Failure to pay the annual registration fee on or before January twenty of the year next
following the calendar year in which it is due, shall bear a surcharge of twenty per
centum for each calendar year in which payment has not been made: provided, that
after the lapse of five continuous years from the year it was last paid if the annual
registration fee has never been paid, the delinquent's certificate of registration shall
be considered suspended and his name shall be dropped from the annual roster for
not having been good standing and may be reinstated only upon application and
payment of the fee herein provided for registration without examination. When a
registered practitioner desires to stop practicing his profession, he shall inform the
board concerned in writing within one year from the time he stopped practicing in
order to exempt him from the payment of the annual registration fee: provided, that
when he intends to resume the practice of his professions, he shall likewise inform
the board concerned in writing and pay the annual registration fee for the current
year without any surcharge and his name shall be reinstated in the annual roster.
of the office or of the board concerned, two pesos for the first one hundred words and
in excess thereof fifty centavos for every one hundred words or a fraction thereof.
"Sec. 5.
All examination, registration and other fees shall be paid to the collecting
officer of the Office of the Boards of Examiners which shall be deposited in a special
trust account to constitute the professional regulation special fund and which shall be
expended solely for the operational expenses of the Office of the Boards of
Examiners, for compensation of members of the board and salaries of officials and
employees including the hiring of temporary personnel as the exigencies of the
service require, for the purchase, acquisition and improvement of equipment,
furniture, and fixtures, motor vehicles, sites and construction of building for office
spaces and examination halls, for conducting research to keep the office abreast with
recent trends in regulation of professions and occupations and in all other matters
that would enhance the effectiveness and efficiency of the office.
"Sec. 6.
Each Chairman and member of the Board of Examiners, whether a
government employee or not, shall receive as compensation a fee not exceeding
fifteen pesos per capita of the candidates examined or registered without
examination, and a per diem not exceeding ten (P10.00) pesos for each day of
attendance in administrative investigations and ocular inspections lasting not less
than one hour at a time: provided, that the total compensation of any Chairman or
member shall not be less than three thousand six hundred pesos, but not more than
twenty-four thousand pesos for participating in all examinations given by their
respective board during the fiscal year. Any member whose term expires before the
end of the fiscal year shall receive only the compensation equivalent to the number
of candidates examined and/or registered without examination wherein he last
participated or at the rate of five hundred pesos per month computed from the
beginning of fiscal year until the last day of his term of office or until his successor
shall have been appointed and qualified, whichever is higher: provided, that the
Chairman or member whose term expires before the result of the examination he last
participated in his released shall be allowed to continue correcting his examination
papers and to perform his other duties relative to the release of the results thereof
until he shall signed the certificate of registration of those who have qualified in the
examination or were registered without examination, without additional
compensation except those allowed herein, and that the full compensation due him
shall be paid only after he shall have been cleared of all his responsibilities."
Sec. 2.
All laws, executive orders, administrative orders, rules and regulations, or
parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.
Sec. 3.
The annual registration card, at least for the calendar year immediately preceding,
shall be presented to the collection agent of the Bureau of Internal Revenue when
paying his professional tax and the registration number, date of issuance and the
year shown on the card shall be indicated on the official receipt as evidence that the
payor is authorized by law to practice the profession.
"Sec. 4.
Every applicant for duplicate certificate of registration shall pay a fee of
twenty-five pesos and for certifications or true copies of records with the official seal