REPUBLIC ACT No.

2382 (f) To promulgate and prescribe and enforce necessary rules and regulations for the
THE MEDICAL ACT OF 1959 proper implementation of the foregoing functions.
Section 6. Minimum required courses. Students seeking admission to the medical course
ARTICLE I must have a bachelor of science or bachelor of arts degree or their equivalent and must have
Objectives and Implementation taken in four years the following subjects with their corresponding number of units:
Section 1. Objectives. This Act provides for and shall govern (a) the standardization and Unit
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. English 12
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 Latin 3
Education, and the Board of Medical Examiners under the Commissioner of Civil Service.
ARTICLE II Mathematics, including Accounting and Statistics 9
The Board of Medical Education Its Functions
Section 3. Composition of Board of Medical Education. The Board of Medical Education shall Philosophy, including Psychology and Logic 12
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 Zoology and Botany 15
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 Physics 8
practitioners, upon recommendation of an acknowledged medical association and a
representative chosen by the Philippine Association of Colleges and Universities, as Chemistry 21
members.
Library Science 1
The officials acting as chairman and members of the Board of Medical Education shall hold
office during their incumbency in their respective positions.
Humanities and Social Sciences 12
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 Twelve units of Spanish shall be required pursuant to Republic Act Numbered Seven hundred
connection with their official duties as herein provided. nine; but commencing with the academic year nineteen hundred sixty to nineteen hundred
For administrative purposes, the Board shall hold office in the office of its chairman, who sixty-one, twenty-four units of Spanish shall be required pursuant to Republic Act Numbered
may designate a ranking official in the Department of Education to serve as secretary of the Eighteen hundred and eighty-one as cultural, social and nationalistic studies.
Board. Provided, That the following students may be permitted to complete the aforesaid
Section 5. Functions. The functions of the Board of Medical Education shall be: preparatory medical course in shorter periods as follows:
(a) To determine and prescribe minimum requirements for admission into a (a) Students whose general average is below eighty-five per cent but without any
recognized college of medicine; grade of failure or condition may be allowed to pursue and finish the course in
(b) To determine and prescribe requirements for minimum physical facilities of three academic years and the intervening summer sessions; and
colleges of medicine, to wit: buildings, including hospitals, equipment and supplies, (b) Students whose general average is eighty-five per cent or over may be
apparatus, instruments, appliances, laboratories, bed capacity for instruction permitted to finish the course in three academic years by allowing them to take
purposes, operating and delivery rooms, facilities for out-patient services, and each semester the overload permitted to bright students under existing regulations
others, used for didactic and practical instructions in accordance with modern of the Bureau of Private Schools.
trends; Provided, That upon failure to maintain the general average of eighty-five per cent, students
(c) To determine and prescribe the minimum number and the minimum under (b) shall automatically revert to the category of students under (a) and those under (a),
qualifications of teaching personnel, including student-teacher ratio and upon having any grade of failure or condition, shall automatically revert to the category of
curriculum; students required to pursue the preparatory course in four years mentioned above.
(d) To determine and prescribe the number of students who should be allowed to The medical course shall be at least five years, including not less than eleven rotating
take up the preparatory course taking into account the capacity of the different internship in an approved hospital, and shall consist of the following subjects:
recognized colleges of medicine. Anatomy
(e) To select, determine and approve hospitals or some departments of the Physiology
hospitals for training which comply with the minimum specific physical facilities as Biochemistry and Nutrition
provided in subparagraph (b) hereof: and Pharmacology
Microbiology
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 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.
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 (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 P 5.00
For complete physician examination 75.00
For preliminary or final examination 40.00
For registration as physician 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
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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
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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
CODE OF ETHICS OF THE PHILIPPINE MEDICAL ASSOCIATION
ARTICLE 1 GENERAL PRINCIPLES
Section 1. The primary objective of the practice of medicine is service to mankind irrespective
of race, age, disease, disability, gender, sexual orientation, social standing, creed or political
affiliation. In medical practice, reward or financial gain should be a subordinate
consideration.
Section 2. On entering the profession, a physician assumes the obligation of maintaining the
honorable tradition that confers the well deserved title of a “friend of mankind”. The
physician should cherish a proper pride in the calling and conduct himself/herself in
accordance with this Code and in the generally accepted principles of the International Code
of Medical Ethics.
Section 3. Physicians should fulfill the civic duties of a good citizen, must conform to the laws
and cooperate with the proper authorities in the application of medical knowledge for the
promotion of the common welfare.
Section 4. Physicians should work together in harmony and mutual respect.
Section 5. Physicians should cooperate with and safeguard the interest, reputation and
dignity of paramedical and other health professionals.
Section 6. Physicians should be upright, diligent, sober, modest and well versed in both the
science and the art of the profession.
Section 7. The promotion and advancement of the health of the patients should be
prioritized over the benefits of the physicians and the health products industries.
ARTICLE II DUTIES OF PHYSICIANS TO THEIR PATIENTS
Section 1. A physician should be dedicated to provide competent medical care with full
professional skill in accordance with the current standards of care, compassion,
independence and respect for human dignity.
Section 2. A physician should be free to choose patients.
Section 3. In an emergency, provided there is no risk to his or her safety, a physician should
administer at least first aid treatment and then refer the patient to the primary physician
and/or to a more competent health provider and appropriate facility if necessary.
Section 4. In serious/difficult cases, or when the circumstances of the patient or the family so
demand or justify, the attending physician should seek the assistance of the appropriate
specialist.
Section 5. A physician should exercise good faith and honesty in expressing opinion/s as to
the diagnosis, prognosis, and treatment of a case under his/her care. A physician shall
respect the right of the patient to refuse medical treatment. Timely notice of the worsening
of the disease should be given to the patient and/or family. A physician shall not conceal nor
exaggerate the patient’s condition except when it is to the latter’s best interest. A physician
shall obtain from the patient a voluntary informed consent. In case of unconciousness or in a
state of mental deficiency the informed consent may be given by a spouse or immediate
relatives and in the absence of both, by the party authorized by an advanced directive of the
patient. Informed consent in the case of minor should be given by the parents or guardian,
members of the immediate family that are of legal age.
Section 6. The physician should hold as sacred and highly confidential whatever may be
discovered or learned pertinent to the patient even after death, except when required in the
promotion of justice, safety and public health.
Section 7. Professional fees should be commensurate to the services rendered with due
consideration to the patient’s financial status, nature of the case, time consumed and the
professional standing and skill of the physician in the community.
ARTICLE III DUTIES OF PHYSICIANS TO THE COMMUNITY
Section 1. A physician should cooperate with the duly constituted health authorities in the
education and enforcement of laws and regulations for the promotion of health.
Furthermore, in times of epidemic and public calamity, except when his or her personal
safety is at stake, the physician must attend to the victims, alert the public and duly
constituted health authorities on the dangers of communicable diseases and enforce
measures for prevention and cure in accordance with existing laws, rules and regulations.
Section 2. A physician shall assist the government in the administration of justice in
accordance with law. He/she maybe accorded a fair and just remuneration when called upon
as an expert witness.
Section 3. A physician is encouraged to expose and report to the proper authorities
unlicensed medical practitioners, charlatans and quacks in as much as their nefarious
practices may cause injury to health and life. A physician should never condone nor connive
with such fake health providers.
Section 4. A physician shall not employ agents in the solicitation and recruitment of patients.
For the promotion of medical practice, a physician may use professional cards, classified
advertising, publications, internet, directories and signboards. Signboards shall not exceed
one by two (1x2) meters in size. Except in internet web sites, only the name of the physician,
field of specialty, office hours or office or residential addresses may appear. The act of the
physician in publishing his or her personal superiority, special certificates or diplomas, post
graduate training, specific methods of treatment, operative techniques or former
connections with hospitals or clinics is not allowed. However, these matters may be placed
by a physician within the confines of his clinic or residence. For internet web sites,
recognizing the right of a patient to know the capabilities and qualifications of his doctor,
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special certificates or diplomas, post graduate training and former connections with hospitals
or clinics may be posted.
Section 5. A physician involved in multi media must be well informed of the matter under
discussion. Only the name of the physician and membership to a society or institution may be
mentioned or posted. A physician should only make a general opinion and shall refrain from
making a specific diagnosis, therapy or projection to individual cases in his appearances in
the broadcast media. An article written by a physician must be evidence-based and disclose
connections with pharmaceutical or health product companies. A physician shall not
commercially endorse any medical or health product.
ARTICLE IV DUTIES OF PHYSICIANS TO THEIR COLLEAGUES AND TO THE PROFESSION
Section 1. A physician shall waive his professional fees to a colleague, his or her spouse,
children and parents who are financially dependent on him.
Section 2. When necessary, the attending physician should always seek consultation from an
available appropriate specialist.
Section 3. The primary and consultant physicians should always observe the proper protocol
of the referral system. The consultant may make another referral but should seek permission
from the primary physician. In making a referral, a physician should forward a clinical abstract
and specify the purpose as to whether the case is for opinion/evaluation, for co-
management, or for transfer of service.
Section 4. With the consent of the patient, in cases where a physician has to suspend service
during temporary absences, the substitute physician shall treat the patient with the same
dedication and quality of care extended to his/her own patient. The patient should be
returned to the care of the primary physician as soon as possible.
Section 5. Whenever a physician makes a social or business call on a patient under the care of
another, making comments pertaining to the case is unethical unless if an emergency arises.
Section 6. Whenever there is an irreconcilable difference of opinion in the management of a
case, the matter should be referred to the Philippine Medical Association or the specialty
society concerned.
Section 7. Members of the editorial board of medical journals should possess adequate
qualifications. Written articles and scientific presentations in scientific conferences should
include full disclosure of any pharmaceutical support and should be independent of any
commercial influence.
Section 8. A physician shall not receive any commission for referring patients to a colleague,
third person or institution. However, nominal gifts during occasions may be received by a
physician.
Section 9. A physician is encouraged to report to the Philippine Medical Association or the
Board of Medicine personal knowledge of any corrupt or dishonest conduct of the members
of the profession.
Section 10. Continuing medical education conferences and professional meetings must
contribute to improve and optimize patients care or address the educational needs of the
targeted medical audience. They must be organized by a medical society on its own or in
cooperation with sponsoring entities.
Section 11. Funds from commercial sources may be accepted for the benefit of the
association or society.
Section 12. Physicians may accept reasonable subsidies from health and other industries to
support their participation in CME events.
Section 13. The faculty/speaker/consultant of conferences or meetings is allowed to accept
from health industries honoraria and reimbursement for reasonable transportation, lodging
and meal expenses.
Section 14. Scholarships for physicians and medical students are permissible as long as the
selection of scholars are made by the organizers or academic institutions concerned.
Section 15. Generic names shall be used during the course of CME activities. However, after
the lectures, the sponsoring entity may promote or indicate their branded products.
Section 16. When commercial exhibits are part of the overall program, arrangements for
these should not influence the planning nor interfere with the CME activities. Only relevant
information of the product should be included in the exhibit area.
Article V DUTIES OF PHYSICIANS TO ALLIED PROFESSIONALS
Section 1. Physicians should never pay nor receive commission to or from any allied health
worker for cases referred.
ARTICLE VI
RELATIONSHIP OF PHYSICIANS WITH THE HEALTH PRODUCTS INDUSTRY
Section 1. The physician shall not derive any form of material gain from product samples.
Section 2. Physicians may participate in post-marketing or similar activities where they are
asked to try new products on patients provided that the patients are properly informed and
have given their informed consent. Physicians are encouraged to report or share the result of
such activities to the duly constituted authorities.
Section 3. Only gifts of reasonable value that primarily entail benefit to patient care or
related to physicians’ work may be accepted by a physician from a health product company.
Section 4. Physicians may request donations for a charitable purpose for as long as it does
not redound to his or her personal benefit.
Section 5. Research activities shall be ethically defensible, socially responsible, and
scientifically valid. Any remuneration should be reasonable and should not constitute an
enticement.
Section 6 Research trials conducted by physicians for an industry should be done in
accordance with the national or institutional guidelines for the protection of human subjects.
ARTICLE VII AMENDMENTS
Section 1. The Board of Governors of the Association, upon recommendation of the
Commission on Ethics may amend or repeal this code by a 2/3 vote of the members of the
Board. Amendments shall be subsequently ratified by the General Assembly following the
approval by the Board.
An Act proclaiming the rights and obligations of patients, providing a grievance mechanism
thereof and for other purposes.
SEVENTEENTH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE
SENATE BILL NO. 1402
INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCITO
AN ACT PROCLAIMING THE RIGHTS AND OBLIGATIONS OF PATIENTS, PROVIDING A
GRIEVANCE MECHANISM THEREOF AND FOR OTHER PURPOSES
EXPLANATORY NOTE
6
Every person shall be given appropriate health care based on their needs and must not be
deprived of their right without discrimination regardless of their social status.
Thus, this bill seeks to ensure the rights of Filipino people to proper healthcare, protect their
wellbeing, and instill health consciousness among them. As part of the society, it is only just
to provide them with a decent quality health care they deserve without prejudice. All
patients must be treated fairly and equally, human dignity, convictions, integrity, individual
needs and culture shall be respected, especially to those who are underprivileged who
doesn't have the means to afford one. Patients' needs to be informed as well insofar their
rights and moral obligations are concerned, through the Department of Health, upon the
enactment of this act, it is their duty to conduct a nationwide campaign to raise awareness of
the people's right as patients.
Therefore, with that said being, the immediate passage of this bill is earnestly sought.
JOSEPH VICTOR G. EJERCITO
SEVENTEENTH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE
SENATE BILL NO. 1402
INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCITO
AN ACT PROCLAIMING THE RIGHTS AND OBLIGATIONS OF PATIENTS, PROVIDING A
GRIEVANCE MECHANISM THEREOF AND FOR OTHER PURPOSES
Be 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 "Magna Carta of Patient's Rights
and Obligations Act of 2017."
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to promote the
right to health of the people and instill health consciousness among them, It shall likewise
protect and enhance the right of all people to human dignity thereby establishing the Magna
Carta of Patient's Rights and Obligations in order to ensure a decent, humane and quality
Health Care for all patients and Health Care Providers.
SEC. 3. Definition of Terms. - As used in this Act, the following terms shall be defined as
follows:
a. Emergency Patient- one who is in immediate threat of dying or losing life or limb;
b. Health Care- measures taken by a Health Care Provider or in a Health Care Institution in
order to determine a patient's state of health or to restore or maintain it;
c. Health Care Institution- a site devoted primarily to the maintenance and operation of
facilities for the prevention, diagnosis, treatment and care of individuals suffering from
illness, disease, injury or deformity if in need of medical and nursing care;
d. Health Care Provider- any physician, dentist, nurse, pharmacist or paramedic and other
supporting health personnel, including, but not limited to, dental and medical technicians
and technologists, nursing aides, therapists, nutritionists trained in Health Care and/or duly
registered and licensed to practice in the Philippines as well as traditional and alternative
Health Care practitioner; and
e. Patient- a person who avails of the health and medical care services.
SEC. 4. Individual Rights of Patients. - The following individual rights of Patients shall be
respected by all those involved in the delivery of Health Care services;
a. Right to Good Quality Health Care and Humane Treatment- Every person has a right to a
continuity of good quality Health Care without discrimination and within the limits of the
resources, manpower and competence available for health and medical care. In the course of
such care, his human dignity, convictions, integrity, individual needs and culture shall be
respected.
If a Patient cannot immediately be given treatment that is medically necessary, he shall be
informed of the reason for the delay and be treated in accordance with his best interests:
Provided, that the treatment applied shall be in accordance with generally accepted medical
principles.
Emergency Patients shall be extended immediate medical care and treatment without
requiring, as a prerequisite thereof, any pecuniary consideration.
b. Right to Dignity- The Patient's dignity, culture and value shall be respected at all times in
medical care and teaching. Likewise, terminally ill patients shall be entitled to humane
terminal care to make dying as dignified and comfortable as possible.
c. Right to be Informed of His Rights and Obligations as a Patient- Every person has the right
to be informed of his rights and obligations as a Patient. In line with this, the Department of
Health, in coordination with Health Care Providers, professional and civic groups, the media,
health insurance corporations, people's organizations and local government organizations,
shall launch and sustain a nationwide information and education campaign to make known
to the people their rights as Patients, as provided in this Act. It shall also be the duty of
Health Care Institutions to inform Patients of their rights as well as of the institution's rules
and regulations that apply to the conduct of the Patient while in the care of such institution,
These rights and rules and regulations shall be posted in a bulletin board conspicuously
placed in a Health Care Institution
d. Right to Choose His Physician/ Health Institution- The Patient is free to choose the
services of a physician or health institution of his choice except when he chooses to be
confined in a charity ward, In this case, the attending physician shall be the consultant under
whose service the patient was admitted as appearing in the Doctor's Order Sheet of the
Medical Record, the Patient shall have the right to seek a second opinion and subsequent
opinions, if necessary, from another physician or health institution, and to change his
physician or health institution,
e. Right to Informed Consent- The Patient has a right to self- determination and to make free
decisions regarding himself/herself, however, the attending physician shall inform the
Patient of the I consequences of his/her decisions.
A Patient who is mentally competent and is of legal age, or in his incapacity or age of
minority, his legal representative, has a right to a clear explanation, in layman's terms, of all
proposed or contemplated procedures, whether diagnostic or therapeutic, including the
identity and professional circumstances of the person or persons who will perform the said
procedure or procedures. The explanation shall include the amount of information necessary
and indispensable for him to intelligently give his consent, including, but not limited to, the
benefits, risk, side effects and the probability of success or failure, as a possible consequence
of said proposed procedure or procedures, including the implications of withholding consent.
In the explanation, the comprehensive ability of the patient shall also be considered, taking
into account his level of education, the dialect or language that he speaks and understands,
and if possible, with the use of anatomic sketch or any materials or visual aids that may aid
the Patient, or his legal representative, in fully understanding the proposed procedure or
procedures.
7
The right to informed consent shall likewise consider the voluntariness in which the Patient
or his/her legal representative has given his/her consent, seeing to it that the Patient or his
legal representative was allowed to ask questions, or that he/she is given the chance to
consult his/her kin, or to seek another expert opinion. If the Patient is unconscious or is
unable to express his/her will, informed consent must be obtained whenever possible from a
legal representative; Provided however, that when medical intervention is urgently needed,
the consent of the patient may be presumed; Provided further, that a physician should
always try to save the life of a Patient who is unconscious due to suicide attempt.
In the case of a Patient who is legally incompetent or is a minor, the consent of a legal
representative is required; Provided however, that the Patient must be involved in the
decision making process to the fullest extent allowed by his mental capacity. If the legally
incompetent Patient can make rational decisions, his/her decisions must be respected, and
he/she has the right to forbid disclosure of such information to his/her legal representative.
If the patient's legal representative forbids treatment, but, in the opinion of the physician, it
is contrary to the patient's best interest, the physician may challenge this decision in court;
Provided however, that in emergency cases, the physician shall act in the patient's best
interest; Provided further, that in emergency cases where there is no one who can give
consent on the patient's behalf, the physician can perform any emergency diagnostic or
treatment procedure in the best interest of the patient.
f. Right to Refuse Diagnostic and Medical Treatment- The Patient has the right to refuse
diagnostic and medical treatment procedures, provided that the following conditions are
satisfied;
1. The Patient is of legal age and is mentally competent;
2. The Patient is informed of the medical consequences of his/her refusal;
3. The Patient releases those involved in his care from any obligation relative to the
consequences of his/her decision; and
4. The Patient's' refusal will not jeopardize public health and safety.
g. Right to Refuse Participation in Medical Research- The Patient has the right to be advised
of plans to involve him/her in medical research that may affect the care or treatment of
his/her condition. Any proposed research shall be performed only upon the written informed
consent of the Patient.
h. Right to Religious Belief and Assistance- The Patient has the right to receive spiritual and
moral comfort, including the help of a priest or minister of his/her chosen religion. He/she
also has the right to refuse medical treatment or procedures which may be contrary to his
religious beliefs, subject to the limitations described in paragraph 6 of this Section.
i. Right to Privacy and Confidentiality- The patient has the right to privacy and protection
from unwarranted publicity. The right to privacy shall include the patient's right not to be
subjected to exposure, private or public, either by photography, publications, video- taping,
discussion, or by any other means that would otherwise tend to reveal his person and
identity and the circumstances under which he was, he is, or he will be, under medical or
surgical care or treatment.
The Patient and his/her legal representative has the right to be Informed by the physician or
his/her legal representative of the patient's continuing Health Care requirements following
discharge, including instructions about home medications, diet, physical activity and other
pertinent information.
All identifiable information about a patient's health status, medical condition, diagnosis,
prognosis and treatment, and all other information of a personal kind, must be kept
confidential even after death; Provided, that descendants may have a right of access to
information that will inform them of their health risks.
All identifiable Patient data must also be protected. The protection of the data must be
appropriate as to the manner of its storage. Human substance from which identifiable data
can be derived must be likewise protected.
Confidential information can be disclosed in the following cases:
i. When the patient's medical or physical condition is in controversy in a court litigation and
the court, in its discretion, orders the patient to submit to physical or mental examination of
a physician;
ii. When public health or safety so demands;
iii. When the Patient, or in his incapacity, his/her legal representative, expressly gives the
consent;
iv. When the patient's medical or surgical condition is discussed in a medical or scientific
forum for expert discussion for I his/her benefit or for the advancement of science and
medicine; Provided however, that the identity of the Patient should not be revealed; and
v. When it is otherwise required by law.
j. Right to Disclosure of, and Access to, Information- In the course of the patient's treatment
and hospital care, the Patient or his/her legal guardian has the right to be informed of the
result of the evaluation of the nature and extent of his/her disease. Any other additional or
further contemplated medical treatment on surgical procedure or procedures shall be
disclosed and may only be performed with the written consent of the patient.
The disclosure of information may be withheld if giving the information to the Patient will
cause mental suffering or further impair his health, Provided, That such disclosure may be
withheld or deferred to some future opportune time upon due consultation with the
patient's immediate family, Provided further, That such information must be given in a way
that is appropriate to the local culture and in a manner the Patient can understand.
The Patient has the right to choose who he/she desires should be informed on his behalf,
Provided however, That the Patient also has the right not to be informed on his explicit
request, unless it is required for the protection of another person's life.
The Patient has the right to be given, and examine, an itemized bill for hospital and medical
services rendered. He is entitled to a thorough explanation of such bill.
k. Right to Correspondence and to Receive Visitors- The Patient has the right to
communicate with his/her relatives and other persons and to receive visitors subject to
reasonable limits prescribed by the rules and regulations of the Health Care Institution.
l. Right to Medical Records- The Health Care Institution and the, physician shall ensure and
safeguard the integrity and authenticity of the medical records.
The Patient, upon his/her request, is entitled to a medical certificate and clinical abstract.
He/she has the right to view, and obtain an explanation of, the contents of his/her medical
records from the attending physician, except for psychiatric notes and other incriminating
information obtained about a third party.
The Patient may also obtain from the Health Care Institution a reproduction, at his/her
expense, of his/her medical records, except for the psychiatric notes and incriminating
evidence referred to above; Provided, That any relevant document that the Patient may
require for insurance claims shall be made available to him within a reasonable period of
time.
m. Right to Health Education- Every person has the right to health education that will assist
him in making informed choices about personal health and about available health services.
The education shall include information about healthy lifestyles and about methods of
8
prevention and early detection of illnesses. The personal responsibility of everybody for his
own health should be stressed.
n. Right to Leave Against Medical Advice- The Patient has the right to leave a hospital or any
other Health Care Institution regardless of his physical condition; Provided, that:
i. He/she is informed of the medical consequences of his/her decision;
ii. He/she releases those involved in his/her care from any obligation relative to the
consequences of his/her decision; and
iii. His/her decision will not prejudice public health and safety.
o. Right to Express Grievances.- Every Patient has the right to express valid complaints and
grievances about the care and services received and to know the disposition of such
complaints, in accordance with Sections 7-8 of this Act.
SEC. 5. Societal Rights of Patients. - In addition to the Individual rights of Patients, the
Patient has likewise the following societal rights:
a. Right to Health- The Patient has the right to access quality Health Care and physicians who
are free to render clinical and ethical judgment without interference or external pressure. He
has likewise the right to regain/and or acquire the highest attainable standard of health in a
non-discriminatory, gender sensitive and equal manner which health authorities and Health
Care Providers must progressively contribute to realize.
b. Right to Access to Quality Public Health Care- The Patient has the right to a
comprehensive and integrated Health Care delivery system with the necessary manpower
and facility resources. He shall also have the right to a functioning public health and Health
Care facilities, needed programs, such as public health insurance, goods and services in
sufficient quantity. He shall likewise be provided with health facilities and services with
adequate provision for essential drugs, regular screening programs, appropriate treatment of
prevalent diseases, illnesses, injuries and disabilities. Towards this end, the government shall
approximate the international standard allocation for the health sector as set by the World
Health Organization.
c. Right to a Healthy and Safe Workplace- The Patient as the right to a healthy natural
workplace environment with adequate supply of safe and potable water and basic sanitation,
industrial hygiene, prevention and reduction of exposure to harmful substances, preventive
measures for occupational accidents and diseases, and an environment that discourages
abuse of alcohol, tobacco and drug use, and the use of other harmful substances.
d. Right to Medical Information and Education Programs- The Patient has the right to
medical information and education programs on immunization; prevention, treatment and
control of diseases; behavior related concerns; and disaster relief and emergency situations
during epidemics and similar health hazards. The State shall endeavor to provide these
information through lectures, symposia, tri-media, posters and the like.
e. Right to Participate in Policy Decisions- The Patient has the right to participate in policy
decisions relating to patient's right to health at the community and national levels.
f. Right to Access to Health Facilities- The Patient has the right to be admitted to primary,
secondary, tertiary and other specialty hospitals when appropriate and necessary.
g. Right to an Equitable and Economical Use of Resources- The Patient has the right to an
equitable and economical use of resources such that health institutions, projects and
programs of the State are equitably established and implemented in various regions of the
country.
h. Right to Continuing Health Care- The Patient has the right to avail of or secure access to
programs that will ensure continuity of care in the form of hospice care, rehabilitation,
chemotherapy, radiotherapy arid other similar modalities.
i. Right to Be Provided Quality Health Care in Times of Insolvency- The Patient has the right,
at all times, to access quality medical care in spite of insolvency. The State must provide for a
system of payment to Health Care Institutions and Providers for all the valid and necessary
medical expenses of the. poor and marginalized citizens.
SEC. 6. The Obligations of Patients. - The Patient shall fulfill the following obligations and
responsibilities regarding his/her medical care and/or personal behavior:
a. Know Rights- The Patient shall ensure that he knows and understands what his/her rights
as a Patient are and shall exercise those rights responsibly and reasonably.
b. Provide Adequate, Accurate and Complete Information- The Patient shall provide, to the
best of his/her knowledge, adequate, accurate and complete information about all matters
pertaining to his/her health, including medications and past or present medical problems,
ailments, medical history, consultation with other physicians, results of diagnostic work-up
and treatment, to his/her Health Care Provider.
c. Report Unexpected Health Changes - The Patient shall report unexpected changes to
his/her condition or symptoms, including pain, to his/her Health Care Provider.
d. Understand the Purpose and Cost of Treatment - The Patient shall ensure that he/she
understands the purpose and cost of any proposed treatment or procedure before deciding
to accept it. He/she shall notify his/her Health Care Provider if he/she does not understand
any information about the proposed care or treatment. The Patient shall insist upon
explanations until adequately informed and shall endeavor to make all the necessary
consultations before reaching a decision.
e. Accept the Consequences of Own Informed Consent - The Patient shall accept all the
consequences of his/her own informed consent. If he/she refuses treatment or does not
follow the instructions or advice of the Health Care Provider, he/she must accept the
consequences of such decision and relieve the Health Care Provider of any liability as a result
of the exercise of his/her right to self-determination.
f. Settle Financial Obligations. - The Patient shall ensure that the financial obligations as a
result of his/her Health Care are fulfilled as promptly as possible. Otherwise, he/she shall
make the appropriate arrangements to settle unpaid hospital bills and/or professional fees in
accordance with Republic Act No. 9439. The patient must seek support from the State in
order to establish a system of payment to Health Care Institutions and Providers.
g. Respect the Rights of Health Care Providers, Health Care Institutions and Other Patients -
The Patient is obligated to give due respect to the rights and well-being of Health Care
Providers, Health Care Institutions and other Patients. He shall act in a considerate and/or
cooperative manner and shall give respect to the rights and properties of others. He shall
follow the policies, rules and regulations, and procedures of Health Care Institutions.
h. Obligation to Self - The Patient shall refrain from indulging in unhealthy food
consumption; addiction forming substance foods such as tobacco, alcohol anti drugs;
lifestyles that have an adverse impact on health, such as sexual promiscuity and reckless
activities; and contamination of the environment. The Patient is obligated to maintain a state
of wellness.
i. Provide Adequate Health Information and Actively Participate in His/Her Treatment. - The
Patient shall ensure that he/she has adequate health information that will allow him/her to
actively participate in the formulation of his/her diagnostic and treatment plans. When
he/she signs an informed consent, it is assumed that he has the necessary information.
j. Respect the Right to Privacy of Health Care Providers and Institutions. - The Patient has
the obligation to submit grievances to the proper authorities or venue and not resort to
unwarranted publicity in the media. He/she shall not disclose to the public any alleged
9
complaint against Health Care Providers and/or Institutions if it has not been fully decided by
a court or administrative tribunal of prosper jurisdiction.
k. Exercise Fidelity on Privileged Communication - A patient-physician relationship is a
fiduciary one where mutual trust, respect and confidence are expected. All communications
are privileged and the patient' is obliged not to breach this privileged communication
especially if it involves a third party.
l. Respect a Physician's Refusal to Treat Him - While the Patient has the right to choose
his/her physician, he/she is also obligated to respect the physician's decision to choose
whom he/she will treat.
m. Respect the Physician's Decision on Medical Reasons based on his/her Religious Beliefs -
The Patient is obliged to respect the physician's religious beliefs. If the Patient is a minor or is
legally incapacitated, his/her parents or legal representatives are obliged to likewise respect
the physician's decision on mailers relating to medical reasons despite their religious beliefs.
n. Ensure Integrity and Authenticity of Medical Records - The Patient is obliged to ensure
the integrity and authenticity of his/her medical records. Any manner of alteration of his/her
records is a criminal offense subject to the provisions of the Revised Penal Code.
o. Participate in the Training of Competent Future Physicians – The Patient is obligated to
participate in the training of future physicians provided that necessary information is
provided to him/her and the appropriate ethical considerations are observed.
p. Report Infractions and Exhaust Grievance Mechanism. - The Patient shall immediately
inform his/her Health Care Provider of any perceived or alleged infraction of his/her rights as
set forth in this Act through proper channels in order to promote mutual trust, respect and
confidence, between the Provider and the and Patient. The Patient shall exhaust the
grievance mechanism mediation provided in Sections 7-8 of this Act before filing any
administrative or legal action.
SEC. 7. Grievance Mechanism. - Any written complaint arising from violation of any of the
rights of patients shall first be submitted for mediation. There shall be two (2) forms of
mediation: the hospital-based mediation and the barangay-based mediation.
The hospital-based mediation committee shall be composed of a physician who shall be
appointed by the hospital and shall act as chairperson and two other (2) physicians
recommended by the Philippine Medical Association local component society and acceptable
to both parties as members. The chairperson and the members of the committee must be in
good standing of the PMA and its local component society.
The barangay-based mediation committee shall be composed of the local health officer as
chairperson, one from the religious or duly accredited people's organization, and one from
the PMA local component society who is a member In good standing.
The mediation procedure shall not be adversarial in nature. The Patient and the Health Care
Provider shall be given the opportunity to discuss the complaint and efforts shall be made for
its amicable settlement No monetary compensation nor legal counsels shall be involved at
this stage.
The aggrieved party shall be given thirty (30) days from occurrence of the incident to file
his/her written complaint for mediation. Upon receipt of the written complaint, the
concerned mediation committee shall have ninety (90) days to resolve the complaint.
A successful mediation shall bar the filing of any judicial or administrative actions.
SEC. 8. Second-Tier Mediation. - When mediation fails or no agreement is reached after the
lapse of the ninety (90) day period, the mediation committee 14 shall refer the complaint to
the PMA through its local component society for appropriate administrative action.
The PMA local component society shall serve as the second tier mediation. It shall be
composed of the president of the local society as the presiding officer and one representative
from each of the following: component medical society, specialty society corresponding to
the case, the People's Health Watch or other civic organizations, and a representative from
the local religious organization. The PMA component society shall render its decision within
Sixty (60) days from receipt of the complaint
In the event that the second tier medication fails, the case shall be automatically referred to
the PMA Commission on Ethics which shall likewise render its decision within sixty (60) days
from receipt of the complaint.
Resort to mediation and referral to the PMA Commission on Ethics shall be a condition
precedent to the filing of a legal action in court.
All parties to the complaint shall be bound by the rules on confidentiality on all levels of the
mediation.
All minutes of the mediation proceedings shall not be disclosed to any party unless
authorized by the court of law. Any discussion held or admissions made therein shall not be
used for or against any party in subsequent or other proceedings.
In the event there is compensation, it shall be limited to actual monetary loss due to
treatment related to physical injuries. It shall not cover for "pain and suffering" or other
explicit non-monetary loss. An award shall bar the patient from filing any other legal actions.
SEC. 9. Prescriptive Period. - The time during which the case is submitted for mediation shall
toll the running of the prescriptive period for the filing of a civil or criminal case under the
Revised Penal Code or any administrative case under existing laws.
SEC. 10. Inclusion in School Curriculum, Licensure Examinations and Training. - The
provisions of this Act shall be considered in the medical and medical-related school
curriculum and licensure examinations, including trainings and seminars of traditional and
alternative Health Care Providers or practitioners.
SEC. 11. Rules and Regulations. - The Secretary of Health, in consultation with the Philippine
Medical Association, the Philippine Hospital Association, the Philippine Institute of
Traditional and Alternative Health Care and other concerned private agencies, non-
governmental organization and people's organizations shall promulgate such rules and
regulations as may be necessary for its implementation within One Hundred Eighty (180)
days from the effectivity of this Act.
SEC. 12. Repealing Clause. - All Acts, Executive Orders, Rules and Regulations, or parts
thereof that are inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.
SEC. 13. Effectivity. - This Act shall take effect fifteen (15) days after the date of its
publication in at least two (2) major newspapers of general circulation.
MALACAÑANG
Manila
PRESIDENTIAL DECREE No. 223 June 22, 1973
CREATING THE PROFESSIONAL REGULATION COMMISSION AND PRESCRIBING ITS POWERS
AND FUNCTIONS
10
WHEREAS, the regulations of the various profession presently regulated by the Office of the
Boards of Examiners is so extensive, practically covering all social and economic life of the
country;
WHEREAS, the existence of the Boards of Examiners is misconstrued for a number of years
now as nothing more than an examining unit, though all the professional laws creating the
various Boards have charged them with the supervision and regulation over the professional
practice in the Philippines; and
WHEREAS, to effectively enforce the laws regulating the various professions, there is an
urgent need to create a three-man Commission to administer, implement, coordinate and
supervise the various Boards of Examiners;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the
powers vested in me by the Constitution as Commander-in-Chief of all the Armed Forces of
the Philippines, and pursuant to Proclamation No. 1081 dated September 21, 1972, and
General Order No. 1 dated September 22, 1972, as amended, do hereby order and decree:
Section 1. Professional Regulation Commission. There is hereby created a three-man
Commission to be known as the Professional Regulation Commission which shall be attached
to the Office of the President for general direction and coordination.
Section 2. Composition. The Commission shall be headed by one full time Commissioner and
two full time Associate Commissioners, all to be appointed by the President for a term of
nine (9) years without reappointment to start from the time they assume office, except the
first two Associate Commissioners who shall be appointed, one for six (6) years and the other
for three (3) years, and thereafter, any vacancy in the Commission shall be filled for the
unexpired term only with the most senior of the Associate Commissioners succeeding the
Commissioner at the expiration of his term, resignation or removal. No person shall be
appointed chairman or member of the Commission unless he is at least forty (40) years of
age, familiar with the principles and methods of professional regulation and/or licensing and
has at least five (5) years of executive or managerial experience.
Section 3. Exercise of powers and functions of the Commission. The Commissioner, who shall
be the Chairman of the Commission, and the Associate Commissioners as members thereof
shall, as a body, exercise general administrative, executive and policy-making functions for
the whole agency.
Section 4. Compensation. The Commissioner shall receive an annual compensation of forty-
eight thousand pesos (P48,000) with five hundred pesos (P500) commutable transportation
and representation allowances and the Associate Commissioners, thirty-six thousand pesos
(P36,000) each with three hundred fifty pesos (P350) commutable transportation and
representation allowances.
Section 5. Powers of the Commission. The powers 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 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 issuances as may be
necessary in the execution and implementation of its functions and the
improvement of its services.
c) To review, coordinate, integrate and approve the policies, resolutions, rules and
regulations, orders or decisions promulgated by the various Boards with respect to
the profession or occupation under their jurisdictions including the results of their
licensures examination but their decisions on administrative cases shall be final and
executory unless appealed to the Commission within thirty (30) days from the date
of promulgation thereof.
d) To administer and conduct the licensure examinations of the various Boards
according to the rules and regulations promulgated by it; determine and fix the
places and dates of examinations; appoint supervisors and room examiners from
among the employees of the Government or private individuals who have been
trained by the Commission for that purpose who shall be entitled to a daily
allowance of not less than ten pesos (P10) for every examination day actually
attended; use the buildings and facilities of public and private schools for
examination purposes; and approve the release of examination results;
e) To keep and maintain a register of authorized practitioners of the profession or
occupation; issue certificates of registration or licenses signed by all the members
of the Board concerned and the Commissioner with the official seal of the Board
affixed;
f) To have custody of all the records of the various Boards including their
examination papers, minutes of deliberation, records of administrative cases and
investigations and examination results;
g) To determine, fix and collect the amount to be charged for examination,
registration, registration without examination, licenses, annual registration fees,
certifications, surcharges and other fees not specified under the provisions of
Republic Act No. 6511 or amend the rates provided thereunder subject to approval
by the Office of the President;
h) To appoint, subject to the provisions of existing laws, such as officials and
employees of the Commission as are necessary in the effective performance of its
functions and responsibilities, prescribed their duties and fix their compensation;
and to organize or reorganize the structure of the Commission, create or abolish
positions, change the designations of existing positions to meet changing
conditions or as the need therefor arises; Provided, That such changes shall not
affect the employment status of the incumbents, reduce their ranks and/or salaries
nor result separating them from the services;
i) To submit and recommend to the President of the Philippines nominees for
appointment as members of the various Boards from among those nominated by
the bona fide professional organizations accredited by the Commission to fill
existing or probable vacancies;
j) The Commission may, upon the recommendation of the Board concerned,
approve the registration of and authorize the issuance of a certificate of
registration with or without examination to a foreigner who is registered under the
laws of his country: Provided, That the requirement 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 the subject or citizens of such foreign
state or country: Provided, finally, That the applicant shall submit competent and
conclusive documentary evidence, confirmed by the Department of Foreign Affairs,
showing that this country's existing laws permit citizens of the Philippines to
practice the profession under the rules and regulations governing citizens thereof.
11
 The Commission is also hereby authorized to prescribe additional requirements or
grant certain privileges to foreigners seeking registration in the Philippines if the
same privileges are granted to or some additional requirements are required of
citizens of the Philippines in acquiring the same certificates in his country;
k) The Commission shall have general supervision over foreign nationals who are
authorized by existing laws or granted special permits to, practice their profession
temporarily in the Philippines to see that the terms and conditions for their
employment are strictly observed and adhered to;
l) to prescribe or revise, in conjunction with the Board concerned and the Secretary
of Education and Culture or his authorized representative, collegiate courses the
completion of or graduation from which shall be a prerequisite for admission into
the practice of the profession concerned;
m) To exercise general supervision over the members of the various Boards;
n) To promulgate such rules and regulations as may be necessary to effectively
implement policies with respect to the regulation and practice of the professions;
o) To perform such other functions and duties as may be necessary to carry out
effectively the various provisions of professional regulatory laws, decrees or orders;
Section 6. Powers, functions and responsibilities of various Boards. The various Boards shall
retain the following powers, functions and responsibilities:
a) To look from time to time into the condition affecting the practice of the
profession or occupation under their respective jurisdictions and whenever
necessary, adopt such measures as may be deemed proper for the enhancement of
the profession or occupation and/or the maintenance of high professional, ethical
and technical standards and for this purpose the members of a Board may
personally or through subordinate employees of the Commission conduct ocular
inspection or visit industrial, mechanical, electrical or chemical plants or works,
hospitals, clinics and other engineering works where registered practitioners of the
profession or occupation are employed or are working for the purpose of
determining compliance with the provisions of laws relative to the practice of the
profession or occupation or as an aid in formulating policies relative thereto in
accordance with the established policies promulgated by the Commission;
b) To investigate violations of their respective laws and the rules and regulations
promulgated thereunder and for this purpose may issue summons, subpoenas and
subpoena duces tecum to alleged violators or witnesses thereof and compel their
attendance to such investigations or hearings;
c) To delegate the hearing of investigation of administrative cases filed before them
except in cases where the issue involved strictly concerns the practice of the
profession or occupation, in which case the hearing shall be presided by at least
one member of the Board concerned assisted by a legal or hearing officer of the
Commission;
d) To promulgate decisions on such administrative cases subject to review by the
Commission. If after thirty (30) days from the receipt of such decision no appeal is
taken therefrom to the Commission, the same shall become final and immediately
enforceable;
e) Subject to review by the Commission to approve registration without
examination and the issuance of the corresponding certificates of registration;
f) After due process, to suspend, revoked or reissue certificates of registration for
causes provided for by law or by the rules and regulations promulgated therefor;
g) To determine and prepare the contents of licensure examinations; score and rate
the examination papers and submit the results thereof to the Commission within
one hundred twenty (120) days after the last examination day unless extended by
the Commission; and, subject to approval by the Commission determine the
appropriate passing general rating if not provided for in the law regulating the
profession.
Section 7. Names of various Boards. The names of the various Boards shall be changed by the
Commission by deleting the word "Examiners."
Section 8. Transfer of personnel, funds, records, etc. The present office of the Boards of
Examiners, its personnel, funds, records, supplies, equipment, materials, furniture, and
fixture are hereby transferred to the Commission.
Section 9. Repealing clause. The provisions of Republic Act No. 546 are hereby repealed as
well as those of other pertinent laws inconsistent herewith.
Section 10. Effectivity. This Decree shall take effect immediately.
Done in the City of Manila, this 22nd day of June, in the year of Our Lord, nineteen hundred
and seventy-three.
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
12
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
13
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,
14
 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.
Section 9. Powers, Functions and Responsibilities of the Various Professional Regulatory
Boards – The various, professional regulatory boards shall retain the following powers,
functions and responsibilities:
(a) To regulate the practice of the professions in accordance with the provisions of
their respective professional regulatory laws;
(b) To monitor the conditions affecting the practice of the profession or occupation
under their respective jurisdictions and whenever necessary, adopt such measures
as may be deemed proper for the enhancement of the profession or occupation
and/or the maintenance of high professional, ethical and technical standards, and
for this purpose the members of the Board duly authorized by the Commission with
deputized employees of the Commission, may conduct ocular inspection in
industrial, mechanical, electrical or chemical plants or establishments, hospitals,
clinics, laboratories, testing facilities, mines and quarries, other engineering
facilities and in the case of schools, in coordination with the Commission on Higher
Education (CHED);
(c) To hear and investigate cases arising from violations of their respective laws, the
rules and regulations promulgated thereunder and their Codes of Ethics and, for
this purpose, may issue summons, subpoena and subpoena duces tecum to alleged
violators and/or witnesses to compel their attendance in such investigations or
hearings: Provided, That, the decision of the Professional Regulatory Board shall,
unless appealed to the Commission, become final and executory after fifteen (15)
days from receipt of notice of judgment or decision;
(d) To delegate the hearing or investigation of administrative cases filed before
them except in cases where the issue or question involved strictly concerns the
practice of the profession or occupation, in which case, the hearing shall be
presided over by at least one (1) member of the Board concerned assisted by a
Legal or Hearing Officer of the Commission;
(e) To conduct, through the Legal Officers of the Commission, summary
proceedings on minor violations of their respective regulatory laws, violations of
the rules and regulations issued by the boards to implement their respective laws,
including violations of the general instructions to examinees committed by
examinees, and render summary judgment thereon which shall, unless appealed to
the Commission, become final and executory after fifteen (15) days from receipt of
notice of judgment or decision;
(f) Subject to final approval by the Commission, to recommend registration without
examination and the issuance of corresponding certificate of registration and
professional identification card;
(g) After due process, to suspend, revoke or reissue, reinstate certificate of
registration or licenses for causes provided by law;
(h) To prepare, adopt and issue the syllabi or tables of specifications of the subjects
for examinations in consultation with the academe; determine and prepare the
questions for the licensure examinations which shall strictly be within the scope of
the syllabus or table of specifications of the subject for examination; score and rate
the examination papers with the name and 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 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
15
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
PRC RESOLUTION NO. 775-13
REVISED RULES AND REGULATIONS IN ADMINISTRATIVE INVESTIGATIONS
WHEREAS, it is imperative to revise the
existing rules and regulations governing administrative investigations in the Professional
Regulation Commission (Commission) and the Professional Regulatory Boards (Boards),
promulgated pursuant to Sec. 7 (d), (p) and (s) and Sec. 9 (c) of Republic Act No. 8981,
otherwise known as the "PRC Modernization Act of 2000", and the Professional
Regulatory Laws, to achieve a fair, expeditious and inexpensive disposition of cases filed
with the Commission and the Boards.
NOW, THEREFORE, the Commission resolves to adopt and promulgate the
following Revised Rules and Regulations GoverningAdministrative Investigations in the
Commission and the Boards:
ARTICLE I
General Provisions
SECTION 1. Title. — The Rules shall be known and cited as the
"Revised Rules in Administrative Investigations".
SECTION 2. Scope. — The Rules are issued in the exercise of the quasi-judicial
function of the Commission or the Board to conduct an investigation of cases against a
Chairman, Vice-Chairman or Member of the Board; a registered and licensed
professional; a juridical person allowed to practice a profession; a holder of a special
temporary permit; an examinee; an applicant for examination; or an applicant for
registration without examination. cASIED
SECTION 3. Construction. — The Rules shall be liberally construed to promote
the objective of a just, speedy and inexpensive determination of cases. The Commission
and the Boards shall not be bound by technicalities but shall proceed to hear and decide
cases in a most expeditious manner to determine the facts of each case consistent with
justice and equity.
SECTION 4. Nature of Action. — The administrative investigations shall be fact-
finding and summary, and intended primarily to determine if the Chairman, Vice-
Chairman or Member of the Board is fit to continue as such; the registered and licensed
professional or juridical person, or holder of Special Temporary Permit is still qualified
and competent to continue practicing the profession; or the Applicant or Examinee is
qualified to be admitted to the practice of his profession.
SECTION 5. Suppletory Application of the Revised Rules of Court. — Unless
otherwise provided in the Rules, the Revised Rules of Court shall be suppletorily
applicable in the administrative investigations. However, technical errors in the
16
admission of the evidence which do not prejudice the substantive rights of the parties
shall not vitiate the proceedings.
SECTION 6. Jurisdiction. — Service of summons with a copy of the complaint or
formal charge 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 fails to appear during the hearings of the case.
The Legal and Investigation Division of the Central Office, and the Regional
Office shall ensure that the Commission or the concerned Board has jurisdiction over
the person of the respondent and over the subject matter of the complaint.
SECTION 7. Due Process. — The respondent shall be informed of the charge/s
against him, entitled to be represented by counsel or to be heard in person, to have a
speedy and public trial, and to confront and to cross-examine witnesses against him.
SECTION 8. Rules of Procedure. — The Rules shall uniformly apply
to administrative investigations conducted in the Central Office andin the Regional
Offices of the Commission. DaHISE
SECTION 9. Prohibited Pleadings and Motions. — The following pleadings,
motions and petitions shall be considered mere scraps of paper in the cases covered by
the Rules:
a. Motion to dismiss the complaint except on the ground of lack of
jurisdiction over the subject matter or the person of the
respondent;
b. Motion for a bill of particulars;
c. Motion for a new trial or for reopening of trial;
d. Petition for relief from judgment;
e. Motion for extension of time to file pleadings, affidavits or any other
papers;
f. Second or subsequent motions for reconsideration;
g. Motion for reconsideration against any interlocutory order issued by
the Commission and the Board;
h. Reply and rejoinder; and
i. Demurrer to evidence.
SECTION 10. Delegation of Hearing. — The hearing of the administrative cases
may be delegated to any lawyer of the Commission. The lawyers of the Commission may
act as either Hearing Officers, or Special Prosecutors in motu
proprio investigations. In addition thereto, lawyers of the Commission and members of
the Boards may administer oaths as may be necessary in taking the testimony of a party
or a witness.
The lawyers of the Commission or any member of the Board shall have the
power to exclude from the hearing room any person, party, witness or legal counsel
who, during the hearing, disrupts the proceedings or conducts himself/herself in a
disorderly manner. Such person, party, witness or legal counsel may be cited for
contempt if he still creates disturbance outside the hearing room. EATcHD
SECTION 11. Presence of a Board Member. — The presence of a member of
the Board shall be required in cases involving the practice of the profession. However,
the Board may in its discretion waive the presence of any member during the hearings
except in cases where the issue or question involved strictly concerns the practice of the
profession or occupation.
SECTION 12. Pendency of Another Case. — The filing or pendency of a criminal
and/or civil case before a court of law or anadministrative case before another quasi-
judicial body against a Chairman, Vice-Chairman or Member of the Board; a registered
and licensed professional; a juridical person allowed to practice a profession; a holder of
a special temporary permit; an examinee; an applicant for examination; and an
applicant for registration without examination shall neither suspend nor bar the
proceedings of the latter. The Commission or the Board shall independently proceed
with the investigation and shall render its decision without awaiting the final decision of
the Court or the other quasi-judicial body.
SECTION 13. Cases Covered. — The administrative investigations shall cover
any of the grounds provided under the pertinent professional regulatory laws
and Republic Act No. 8981, or the "PRC Modernization Act".
SECTION 14. Imposable Penalty. — The Commission shall revoke or suspend
the certificate of registration of a member of the Board and recommend to the
President of the Philippines his suspension or removal from office, as the case may be.
If found guilty by the Board, the respondent professional or juridical person
shall be meted the penalty of revocation or suspension of the Certificate/s of
Registration or reprimand. The revocation or suspension of the Certificate/s of
Registration and/or the Professional Identification Card; and in the case of marine
officers, the STCW Certificates, if applicable, shall cause the surrender thereof to the
Board within ten (10) days from the finality of the decision. cSTHAC
The penalty on a holder of a special temporary permit shall be the cancellation
of the special temporary permit in accordance with the concerned Professional
Regulatory Law and Sec. 7 (l) of R.A. No. 8981 with a recommendation for deportation.
The imposable penalty on an examinee shall be the cancellation of
examination papers; withholding the results of his licensure examination and/or
deferment of registration; or debarment from taking a licensure examination within a
specified period or any future licensure examination. On an applicant, the imposable
penalty shall be denial or cancellation of his application or deferment of his registration,
as the case may be.
SECTION 15. Contempt. — A petition for contempt may be filed with the
Regional Trial Court having territorial jurisdiction over the office of the Commission or
Regional Office for improper acts or conduct committed against the Commission or the
Board or any member thereof, or a lawyer of the Commission.
SECTION 16. Proof of Service. — All pleadings subsequent to a complaint must
show proof of service upon the adverse party. A pleading without proof of service shall
not be accepted or acted upon by the Commission or the Board.
ARTICLE II
Complaint
SECTION 1. Complaint. — A complaint shall be verified, or embodied in an
affidavit, either of which shall have a certification of non-forum shopping.
SECTION 2. Who May File. — A complaint shall be filed by any person, or a
duly authorized representative, for any violation of law,rules and regulations,
instructions or policies of the Commission or the Board. The Commission or the Board
may motu proprio initiate anadministrative investigation. cDCEIA
SECTION 3. Where to File a Complaint. — A complaint may be filed at the Legal
and Investigation Division of the Central Office or at the Regional Office of the
Commission having territorial jurisdiction over the parties: Provided, however, that, if
17
there is no lawyer in the said Regional Office, the complaint may be filed in the nearest
Regional Office where there is a lawyer of the Commission.
SECTION 4. Form and Contents. — The complaint must be written in a clear,
simple and concise language to inform the respondent of the nature and cause of the
charge against him and to enable him to intelligently prepare his defense or answer. The
complaint shall contain the following:
a. Full names and complete addresses of the complainant and the
respondent;
b. The respondent's profession together with his Certificate of
Registration or special temporary permit number and date of
issuance, if known;
c. In case the respondent is an examinee, the licensure examination he
has applied for or taken, and the date/s thereof, if known by
the complainant; or in the case of an applicant for
registration without examination, the profession he applied
for;
d. A brief narration of the material facts which show the acts or
omissions allegedly committed by the respondent
constituting the charge, offense or cause of action;
e. The disciplinary action prayed for; and
f. Certified true copies of documentary evidence, and the affidavit/s of
witness/es, if any.
SECTION 5. Number of Copies. — The complaint together with the
documentary evidence and affidavit/s of witness/es, if any, shall be filed in three (3)
legible copies plus such number as there are respondents. The affidavit/s required to be
submitted shall state facts only of direct personal knowledge to the affiant and shall
show the competence of the affiant to testify to the matters stated therein. A violation
of the foregoing requirement shall be a ground for excluding the affidavit, or portion
thereof, from the record. ECAaTS
SECTION 6. Withdrawal of the Complaint. — A complaint may be withdrawn
by the complainant in writing and under oath at any time before the case is submitted
for decision. The Commission or the Board shall forthwith dismiss the case unless it is
necessary to disregard such withdrawal and to prosecute the case in the interest of the
public, for the protection of the standards of the profession, or in view of the obvious
merit of the case.
SECTION 7. Dismissal of the Complaint. — A complaint shall be dismissed
outright on any of the following grounds:
a. No jurisdiction over the person of the respondent or the subject
matter of the complaint
b. No legal capacity of the complainant to sue
c. No cause of action stated in the complaint
ARTICLE III
Conciliation Proceedings
SECTION 1. Conciliation. — A verified complaint against a professional, a
juridical person or a holder of a special temporary permit, an examinee or an applicant
for registration without examination shall be conciliated except in cases involving acts or
omissions resulting to death or injury to persons, or serious impairment of the public
interest.
SECTION 2. Assignment to a Conciliator. — Within five (5) days upon receipt of
the complaint, the complaint shall be forwarded to the conciliation unit of the
Commission.
SECTION 3. Conciliation Conference and Proceedings. — The complaint upon
its receipt shall be referred to the designated conciliator who shall promptly initiate a
conciliation conference within five (5) days. The conciliator shall assist the parties to
arrive at a settlement. For expeditious proceedings, the conciliator shall: DaTISc
a. Clarify the issues and narrow down the disagreements
b. Validate the positions and relief sought
c. Encourage parties to generate options and enter into stipulations, or
to arrive at acceptable solutions and voluntary settlement.
SECTION 4. Period for Conciliation Proceedings and Appearance of Parties. —
Unless the parties agree otherwise, conciliation proceedings shall be carried out and
terminated within thirty (30) days from receipt of the complaint.
The parties shall appear at all times. Lawyers may be allowed to attend the
conference only to render advice to the parties.
Where the complainant or respondent fails to appear in two (2) meetings
despite due notice, the conciliator shall make a report to the Board within five (5) days.
The Board shall dismiss the complaint with prejudice for non-appearance of the
complainant in the two (2) meetings. On the other hand, the Board shall order the
docketing of the case where the respondent failed to appear in the said two (2)
meetings.
SECTION 5. Pre-termination of Conciliation. — The conciliation proceedings
may be terminated at any time within the 30-day period, due to the following reasons:
a. Failure to appear by one or both parties for two (2) consecutive
meetings
b. Failure to reach a settlement or agreement by the parties
c. Pre-termination upon agreement of the parties
d. Entering into a settlement or compromise agreement by the parties
In cases of failure to reach an agreement, the conciliator shall make a report
within five (5) days from termination, indicating therein the reasons for such failure. The
conciliator shall submit the report accompanied by a copy of the complaint to the legal
and investigation division. The complaint shall be docketed after payment of the
required fees, and the case shall be assigned to a hearing officer. Summons shall be
issued upon the respondent, and his name shall be included in the control list of the
Commission. cSHATC
SECTION 6. Compromise Agreement. — In case of amicable settlement, the
conciliator shall reduce the agreement into writing, have the parties understand the
contents thereof and sign the same in his presence, and attest the document to be the
true and voluntary act of the parties.
The conciliator shall make a report within five (5) days and endorse the
compromise agreement to the Board for approval.
SECTION 7. Confidentiality of Conciliation Proceedings. — The conciliation
proceedings shall be confidential.
The confidentiality of information arising from the conciliation proceedings
may be waived in writing by both parties.
ARTICLE IV
Summons
18
 SECTION 1. Issuance of Summons. — Summons shall be issued together with
the copy of the complaint or formal charge requiring the respondent to file his counter-
affidavit or verified answer within fifteen (15) days from receipt thereof.
Service of summons may be made through private courier at the expense of
the complainant.
SECTION 2. Counter-Affidavit or Verified Answer. — The counter-affidavit or
verified answer with the documentary evidence and affidavit/s of witness/es, if any,
shall also include a statement indicating whether he elects a formal investigation or
waives his right thereto and submits the case for decision based on the pleadings.
A copy of the counter-affidavit or verified answer shall be served upon the
complainant.
SECTION 3. Service of Summons with Complaint or Formal Charge. — The
summons with complaint or formal charge shall be served personally or through
registered mail at the address indicated in the complaint or in the records of the
Commission. If service cannot be made personally, it may be effected by leaving a copy
thereof at the respondent's residence with some person of suitable age and discretion
residing therein. Service by registered mail shall be complete upon actual receipt by the
respondent; Provided, however, that if he fails to claim his mail from the post office,
service shall take effect upon the expiration of five (5) days from the date of first notice
of the postmaster. aSTHDc
SECTION 4. Failure to Serve Summons. — The complaint shall be archived with
notice to the complainant if the summons cannot be served after three (3) attempts to
serve at the address indicated in the complaint or in the records of the Commission.
SECTION 5. Order of Default. — An order of default shall be issued for failure
of the respondent to file his counter-affidavit or verified answer within fifteen (15) days
from receipt of summons. Thereupon, an ex-parte presentation of evidence shall be
allowed, and judgment shall be rendered thereon.
ARTICLE V
Service of Notices, Motions, Orders, Judgments and Pleadings
SECTION 1. Service of Notices, Motions, Orders, Judgments and Pleadings. —
Service of notices, orders, motions, judgments, and pleadings may be made either
personally or by registered mail to the parties and to their counsel. Service to counsel is
service to the party he represents.
SECTION 2. When Notice/Motion/Pleading Deemed Filed. —
notice/motion/pleading personally submitted shall be deemed filed on the date
stamped thereon; or, if sent by registered mail, on the date shown by the postmark on
the envelope which shall be attached to the records of the case.
ARTICLE VI
Pre-trial Conference
SECTION 1. Pre-trial Conference. — A mandatory pre-trial conference shall be
set within thirty (30) days from receipt by the Commission or the Board of the counter-
affidavit or verified answer. The notice of pre-trial conference shall be served upon the
parties and their respective counsel.
SECTION 2. Filing of Pre-trial Brief. — The parties shall file their pre-trial briefs
not less than three (3) days before the date of the pre-trial conference, which shall
contain, among others: TECcHA
a. A statement of their willingness to enter into an amicable
settlement, indicating the desired terms thereof, if allowable;
b. A summary of admitted facts and proposed stipulation of facts;
c. The issues to be tried or resolved;
d. The documents or exhibits to be presented, stating the purpose and
the corresponding markings thereof;
e. The number, names and complete addresses of the witness/es, and
the substance of their respective testimonies;
f. The dates of hearing, if there be a need for further hearing, to
complete the testimonial evidence which shall not be more
than ninety (90) days from start of the presentation of
evidence by either party;
g. Willingness to submit the case for decision on the basis of position
papers; and
h. Such other matters for the prompt disposition of the case.
Any reservation made by either party to present additional witness/es or
documents shall be subject to the discretion of the Commission or the Board.
Failure to file the pre-trial brief at least three (3) days before the date of pre-
trial conference shall have the same effect as failure to appear at the pre-trial
conference.
SECTION 3. Failure to Appear at Pre-trial Conference. — The failure of the
complainant and/or his counsel to appear at the pre-trial conference shall cause the
dismissal of the case. On the other hand, failure on the part of the respondent and/or
his counsel to appear shall be a cause to allow the complainant to present evidence ex-
parte and for judgment to be rendered on the basis thereof. ISCaTE
SECTION 4. Matters to be Considered. — During the pre-trial conference, the
parties shall consider the following:
a. Possibility of an amicable settlement, if allowable;
b. Stipulation of facts;
c. Simplification of issues;
d. Identification and marking of exhibits;
e. Limitation of the number of witnesses, their names and the
substance of their respective testimonies;
f. Dates of trial which shall be completed within ninety (90) days from
start of the presentation of evidence by either party;
A g. Agreement to dispense with the presence of a member of the
Board in cases involving the practice of the profession;
h. Submission of the case for decision on the basis of position papers;
and
i. Such other matters for the prompt disposition of the case.
SECTION 5. Pre-Trial Order. — Within fifteen (15) days from termination of the
pre-trial conference, a pre-trial order shall be issued detailing the stipulations and
admissions of the parties, and other matters taken up therein. The pre-trial order shall
explicitly define and limit the issues to be tried should the action proceed to trial, and
the contents thereof shall govern the subsequent proceedings of the case unless
modified before trial to prevent manifest injustice.
SECTION 6. Summary Judgment. — In lieu of a hearing, the Board may require
the parties to submit their verified position papers, furnishing each other copies thereof,
within fifteen (15) days from the date of pre-trial conference, or receipt of the order
from the Board. The verified position paper shall contain only those charges, defenses
19
and other claims contained in the affidavits and pleadings filed by the parties. Any
additional relevant affidavit and/or documentary evidence may be attached by the
parties to their position papers. On the basis of the position papers, affidavits and other
pleadings filed, the case can be considered submitted for resolution. CcAHEI
Failure of any party to submit his verified position paper when required by the
Board shall be deemed a waiver thereof. The case shall be deemed submitted for
decision.
ARTICLE VII
Trial
SECTION 1. Trial. — The trial shall proceed as follows:
a. Presentation by the complainant and witnesses;
b. Cross examination of the complainant and his witnesses, followed by
re-direct examination of the complainant and his witnesses
and re-cross examination by the respondent;
c. Presentation by the respondent of evidence in support of his
defense;
d. Cross examination of the respondent and witnesses, followed by re-
direct examination of the respondent and witnesses and re-
cross examination by the complainant; and
e. Rebuttal and sur-rebuttal evidence, subject to the discretion of the
Commission or the Board.
SECTION 2. Judicial Affidavit/s in Lieu of Direct Testimonies. — The Judicial
Affidavit Rule pursuant to A.M. No. 12-8-8 SC shall apply.
SECTION 3. Motion for Postponement. — A motion for
postponement in writing shall be filed and furnished the adverse party at least five (5)
days prior to the scheduled hearing sought to be postponed.
Either party is granted a maximum of two (2) postponements during the whole
proceedings regardless of the number of the complainant/s or respondent/s. Any
further postponement shall be denied. Failure on the part of a party to appear at the
scheduled hearing shall be considered a waiver of his right to cross-examine the
witness/es presented by the other party or to adduce his evidence. DACIHc
SECTION 4. Continuous Trial until Termination. — Trials shall be conducted on
the dates set and agreed upon during the pre-trial conference. The schedule of the trials
shall be strictly followed without further notice.
SECTION 5. Appearance and Withdrawal of Counsel. — A counsel shall
manifest in writing his appearance, stating:
a. his full name;
b. the receipt number of the current payment of membership dues to
the Integrated Bar of the Philippines;
c. Roll of Attorneys;
d. Professional Tax Receipt with date and place of issue;
e. MCLE compliance with date of issue; and
f. Complete address where he can be served with notices and
pleadings.
Any appearance or pleading of a counsel without complying with the above
requirements shall not be recognized. Any withdrawal of counsel shall be in writing with
the conformity of the party he represents and copy furnished the adverse party.
SECTION 6. Request for Subpoena. — A party shall make a written request to
the Commission or the Board for the issuance of the necessary subpoena ad
testificandum or subpoena duces tecum at least ten (10) days before the scheduled
hearing.
SECTION 7. Issuance of Subpoena. — The hearing officer may issue the
requested subpoena ad testificandum to compel the attendance of witness/es or
subpoena duces tecum to compel the production of documents or things. DaCEIc
ARTICLE VIII
Decision
SECTION 1. Decision. — A decision shall be rendered within six (6) months
from the date of service of summons and within thirty (30) days from the date of Order
declaring the case submitted for decision.
In the case of an appeal, the Commission shall render a decision or resolution
within ninety (90) days from the perfection of the appeal. The decision or resolution of
the Commission is final and executory, unless appealed to the Court of Appeals.
The decision shall be in writing and signed by at least a majority of the
members of the Commission or the Board, unless a unanimous decision is required by
law. It shall contain clearly and distinctly the findings of facts and of the law upon which
the said decision is based.
SECTION 2. Motion for Reconsideration. — A party aggrieved by a decision,
order or resolution may file a motion for reconsideration within fifteen (15) days from
receipt of the decision, order or resolution. Only one motion for reconsideration shall be
entertained. A second or subsequent motion for reconsideration shall not be acted upon
and shall not stop the running of the reglementary period to appeal.
A motion to extend the reglementary period to file a motion for
reconsideration shall not be allowed.
No motion for reconsideration shall be entertained unless it is for any of the
following causes:
a. Fraud, accident, mistake, or excusable negligence which ordinary
prudence could not have guarded against and by reason of
which the aggrieved party has probably been impaired of his
rights;
b. Newly discovered evidence which he could not, with reasonable
diligence, have discovered and produced at the hearing, and
which if presented would probably alter the result;
and DIcTEC
c. Imposition of excessive penalty, or insufficiency of the evidence to
justify the decision, or the decision is against the law or
not inaccordance with the facts presented.
SECTION 3. Transmittal of Decision. — The decision or resolution shall be
transmitted to the parties and/or counsel.
ARTICLE IX
Appeal
SECTION 1. Appeal, Period Non-Extendible. — The decision or order of the
Board that completely disposes of the case shall be final and executory after the lapse of
fifteen (15) days from receipt thereof without an appeal being perfected or taken by
either party. The aggrieved party may file a notice of appeal to the Commission together
with the appellant's brief or memorandum on appeal, copy furnished the adverse party,
20
within fifteen (15) days from receipt of the decision or order, and shall pay the appeal Organizations/Accredited and Integrated Professional Organizations and government
and legal research fees. agencies.
The period for perfecting the appeal shall be non-extendible. SECTION 3. Surrender of Certificate of Registration, STCW Certificates and
SECTION 2. Appeal and Legal Research Fees. — The appellant shall pay the Professional Identification Card. — The Chairman, or a duly designated member of the
prescribed appeal and legal research fees. Failure to pay the appeal and legal research Board, shall sign the certification attesting to the surrender of the Certificate of
fees within the period for appeal shall be a ground for the dismissal thereof. Registration, Professional Identification Card, Special Temporary Permit and/or STCW
SECTION 3. When Appeal Deemed Filed. — A notice of appeal personally Certificates upon those who have been imposed the penalty of suspension or
submitted shall be deemed filed on the date stamped thereon, or, if sent by registered revocation.
mail, on the date shown by the postmark on the envelope which shall be attached to the In cases where the professional has failed to surrender the Certificate of
records of the case. Registration, Professional Identification Card, Special Temporary Permit and/or STCW
SECTION 4. Evaluation of Appeal. — Before a decision or order is elevated on Certificates, his practice of the profession after the decision or order becomes final and
appeal to the Commission, the Board shall first ascertain whether the appeal is not from executory, shall be deemed illegal.
an interlocutory order and whether the requirements for perfecting an appeal are The Legal and Investigation Division shall be responsible for the safekeeping of
complied with. the surrendered Certificates of Registration, Professional Identification Card and/or
An appeal from an interlocutory order shall be dismissed. Failure to comply STCW Certificates.
with the requirements for perfecting of an appeal shall also cause the dismissal of the ARTICLE XI
appeal. ISTCHE Miscellaneous Provisions
SECTION 5. Requirements for Perfection of Appeal. — An appeal shall be SECTION 1. Separability Clause. — If any provision or part of the Rules is
deemed perfected upon compliance with the following requirements: declared invalid or unconstitutional by a competent authority, the other provisions or
a. Notice of appeal stating the specific material date when the parts thereof not affected shall remain in full force and effect.
decision, order or resolution was received; SECTION 2. Repealing Clause. — PRC Res. No. 06-342 (A), series of 2006 is
b. Three (3) legible copies of brief or memorandum on appeal which hereby repealed. All other issuances inconsistent herewith are likewise repealed or
shall set forth concisely a statement of the matters involved, modified accordingly.
the issues raised, the specification of errors of fact or law, or SECTION 3. Effectivity. — The Rules shall take effect after fifteen (15) days
both, allegedly committed by the Board, and the reasons or upon its full publication in the Official Gazette or in a newspaper of general circulation.
arguments relied upon for the allowance of the appeal; Three (3) certified copies shall be filed with the U.P. Law Center.
c. Proof of service of a copy of the brief or memorandum on appeal Done in the City of Manila this 25th day of July 2013.
upon the adverse party; and (SGD.) TERESITA R. MANZALA
d. Official receipt of payment of the appeal and legal research fees Chairperson
attached to the notice of appeal. Professional Regulation Commission
SECTION 6. Action on the Appeal. — The adverse party shall be required to (SGD.) JENNIFER JARDIN-MANALILI
submit an appellee's brief by the Head of the RegulationsOffice upon authority of the Commissioner
Commission within fifteen (15) days from receipt of an Order from the Commission. Professional Regulation Commission
Thereafter, the appeal shall be considered submitted for decision or resolution. VACANT
SECTION 7. Records on Appeal. — The records of the case shall remain with Commissioner
the Commission until the decision shall have been executed. Professional Regulation Commission
ARTICLE X ||| (Revised Rules and Regulations in Administrative Investigations, PRC Resolution No. 775-
Execution of Decision, Order and Resolution 13, [July 25, 2013])
SECTION 1. Execution. — Execution shall issue as a matter of right, only after a
decision, order or resolution that finally disposes of the action or proceeding shall have Republic of the Philippines
become final and executory. The records of the case shall be forwarded to the Legal and Congress of the Philippines
Investigation Division after execution of the decision, order or resolution for Metro Manila
consignment to the archives. EScaIT Tenth Congress
SECTION 2. Execution by the Legal and Investigation Division. — Decisions,
orders or resolutions of the Commission or the Board which have become final and
executory shall be immediately enforced and executed through the Legal and Republic Act No. 8423 December 9, 1997
Investigation Division, incoordination with the concerned Accredited Professional

21
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."
ARTICLE I
GUIDING PRINCIPLES
Section 2. Declaration of Policy. - It is hereby declared the 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 integration into the national health care
delivery system.
It shall also be the policy of the State to seek a legally workable basis by which indigenous
societies would own their knowledge of traditional medicine. When such knowledge is used
by outsiders, the indigenous societies can require the permitted users to acknowledge its
source and can demand a share of any financial return that may come from its authorized
commercial use.
Section 3. Objectives. - The objectives of this Act are as follows:
(a) To encourage scientific research on and develop traditional and alternative
health care systems that have direct impact on public health care;
(b) To promote and advocate the use of traditional, alternative, preventive and
curative health care modalities that have been proven safe, effective, cost effective
and consistent with government standards on medical practice;
(c) To develop and coordinate skills training courses for various forms of traditional
and alternative health care modalities;
(d) To formulate standards, guidelines and codes of ethical practice appropriate for
the practice of traditional and alternative health care as well as in the manufacture,
quality control and marketing of different traditional and alternative health care
materials, natural and organic products, for approval and adoption by the
appropriate government agencies;
(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
DEFINITION OF TERMS
Section 4. Definition of Terms. - As used in this Act, the following terms shall mean:
(a) "Traditional and alternative health care" - the sum total of knowledge, skills and
practices on health care, other than those embodied in biomedicine, used in the
prevention, diagnosis and elimination of physical or mental disorder.
(b) "Traditional medicine" - the sum total of knowledge, skills, and practice on
health care, not necessarily explicable in the context of modern, scientific
philosophical framework, but recognized by the people to help maintain and
improve their health towards the wholeness of their being, the community and
society, and their interrelations based on culture, history, heritage, and
consciousness.
(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
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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.
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 (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.
Section 13. Standards for the Manufacture, Marketing and Quality Control of Traditional
Medicine. - The Institute, in collaboration with the Bureau of Food and Drugs, shall formulate
standards and guidelines for the manufacture, quality control and marketing of different
traditional and alternative health care materials and products.
Section 14. Incentives for the Manufacturers of Traditional and Alternative Health Care
Products. - Manufacturers of traditional and alternative health care products like herbal
medicinal plants shall enjoy such exemptions, deductions and other tax incentives as may be
provided for under the Omnibus Investment Code, as amended.
Section 15. Traditional and Alternative Health Care Development Fund. - To implement the
provisions of this Act, there is hereby created a Traditional and Alternative Health Care
Development Fund which shall be used 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 the second year, and One hundred million pesos
(P100,000,000.00) for the third year from the earnings of Duty Free Philippines: Provided,
That not more than fifteen percent (15%) of said fund shall be used for administrative costs
of the Institute.
Thereafter, such amount as may be necessary to fund the continued implementation of this
Act shall be included in the annual General Appropriations Act.
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
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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.
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 submit to Congress an annual
accomplishment report which shall include the status of its priority researches and operation.
In the exercise of its oversight functions, Congress may inquire into the programs of the
Institute.
Section 19. Implementing Rules and Regulations. - Within thirty (30) days from the
completion of their appointments, the Board shall convene and, in collaboration with the
Department of Health - Traditional Medicine Unit, formulate the rules and regulations
necessary for the implementation of this Act. Said rules and regulations shall be issued within
one hundred eighty (180) days from the date of the Board's initial meeting and shall take
effect upon publication in a newspaper of general circulation.
Section 20. Repealing Clause. - All laws, decrees, executive orders, and other laws including
their implementing rules and regulations inconsistent with the provisions of this Act are
hereby amended, repealed or modified accordingly.
Section 21. Separability Clause. - If any provision of this Act is declared unconstitutional or
invalid, other provisions thereof which are not affected thereby shall continue in full force
and effect.
Section 22. Effectivity. - This Act shall take effect fifteen (15) days following its publication in
the Official Gazette or in at least two (2) newspapers of general circulation.
Approved: December 9, 1997

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