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(NAR) VOL. III NO. 2 / APRIL - JUNE 1992

[ PRC RESOLUTION NO. 217, May 14, 1992 ]

DELISTING OF NAMES OF DELINQUENT PROFESSIONALS FROM THE ROLLS OF REGISTERED PROFESSIONALS



WHEREAS many registered professionals, after payment of the initial registration fee, have been remiss in the payment of the annual registration fee as mandated by Section 3 of R.A. No. 6511, on account of diverse factors;

WHEREAS Section 3 of R.A. 6511 pertinently states, in part, to wit:  "That after the lapse of five continuous years from the year it was last paid if the annual registration has never been paid, the delinquent’s certificate of registration shall be considered suspended and his name shall be dropped from the annual roster for not having been in good standing and may be reinstated only upon application and payment of the fee herein provided for registration without examination", (underscoring supplied);

WHEREAS the Commission prescribed Sec. 40, Art. III of the “Rules and Regulations Governing the Regulation and Practice of Professionals” to carry out the aforequoted provisions of Section 3; and,

WHEREAS the penalty imposed under Sec. 40 aforementioned is valid and enforceable, inasmuch as the law: R.A. No. 6511 upon which the formulation thereof was premised contains a penalty in Sec. 3 thereof (146 SCRA 120 Tayug-Rural Bank vs. Central Bank of the Philippines),

NOW, THEREFORE, the Commission hereby RESOLVED, as it so resolves:

1. to direct the professional regulatory boards to suspend the certificates of registration of registered professionals who have been delinquent in the payment of the annual registration fees for five (5) continuous years from the year it was last paid based on the list of delinquent professionals submitted by the Registration Division, and, accordingly, to delist their names from the Rolls of Registered Professionals — with or without surrender of the said certificates.

2. that, prior to the enforcement of the foregoing action, every delinquent registrant shall be duly notified about the Commission’s intention at his/her address on file with his/her records and accorded within thirty (30) days from receipt of the said notice to either make good his/her delinquency or submit his/her reason therefor.  Valid justification may warrant the deferment of the suspension and delisting within a reasonable period of thirty (30) days from the date of receipt of the Boards’ action on such deferment. If practicable, in certain cases, substitute service by publication in the Official Gazette or any newspaper of general circulation pursuant to the Rules of Court may be allowed.

3. that, prior to such suspension and delisting, the names of the delinquent registered professionals and the requirements and period to clear or cure such delinquency, be published in the newspaper of general circulation.

4. that the name of a registered professional whose certificate of registration has been suspended shall be reinstated or re-enrolled in the Rolls of Registered Professionals: that his/her certificate of registration shall be returned thereto, if surrendered: and that his/her professional license shall be renewed — only upon filing of an application, compliance with the Continuing Professional Education (CPE) requirement, unless exempted, and payment of the annual registration fees, (professional license fees) and the surcharge for every calendar year.

5. that those whose certificates of registration have been suspended and whose names have been delisted from the Rolls of Registered Professionals shall be held criminally liable for illegal practice of their professions if, in the course of such suspensions or prior to the reinstatement of their names, they had practiced their professions.

6. that the herein Resolution shall take effect after fifteen (15) days following completion of the publication thereof in the Official Gazette or in any newspaper of general circulation.

Adopted: 14 May 1992

(SGD.) HERMOGENES P. POBRE
Commissioner
(SGD.) MARIANO A. MENDIETA
Associate Commissioner
(SGD.) ARMANDO C. PASCUAL
Associate Commissioner
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