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, Unarolessional or unethical cond Iesenity Conviction of a erminal ottansa invnwag moral turptude; 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 Sitehcthar sau or eauest se may 69 provided by law. 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 suspension or 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. NEW ALLER PROSEDIRE NADUISTRATHE WUEETONTONE