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WHEREAS, the Professional Regulation Commission is empowered under Section 7 Paragraph (a) of Republic Act No. 8981 (The PRC Modernization Act) “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 xxx;”

WHEREAS, under Paragraph (d) of Section 7, the Commission is likewise empowered “to administer and conduct the licensure examinations of the various regulatory boards in accordance with the rules and regulations promulgated by the Commission xxx;”

WHEREAS, Paragraph (p) of Section 7 likewise provides that the Commission is empowered “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;”

WHEREAS, under Paragraph (v) of Section 7, the Commission is empowered “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;”

WHEREAS, the test booklets and test questionnaires used in the licensure examinations administered by the Commission are property of the Professional Regulatory Boards conducting the licensure examinations, pursuant to Paragraph (h) Section 9 of R.A. No. 8981;

WHEREAS, per operating guidelines of the Commission and the Boards, used test booklets and test questionnaires are to be destroyed after the conduct of every licensure examinations;

WHEREAS, test booklets and test questionnaires used in the licensure examinations are taken from the Boards and the Commission without their consent and later reproduced and copied by unscrupulous persons or entities and thereafter sold or distributed as review materials;

WHEREAS, the proliferation of used test booklets or test questionnaires is the result of asportation or thievery which should subject the person stealing the used test booklets or test questionnaires to criminal prosecution;

WHEREAS, reproduction and copying of the used test booklets or test questionnaires as well as mere possession thereof are illegal since said used test booklets and test questionnaires are derived from theft;

NOW, THEREFORE, the Commission RESOLVES, as they hereby RESOLVED:

1. To prohibit any person or entity not authorized by this Commission to reproduce, copy and/or possess test booklets or test questionnaires used in licensure examinations conducted by the Boards and administered by the Commission;

2. To prohibit the distribution or sale of said used test booklets or test questionnaires;

3. To call on the National Bureau of Investigation, the Philippine National Police, all Local Government Units and any other law enforcement agency in apprehending and prosecuting any person or entity violating this Resolution in accordance with the provisions of the Revised Penal Code, Presidential Decree No. 1612 (Anti-Fencing Law) or when applicable, Republic Act No. 8293 (Intellectual Property Code of the Philippines).

All issuances that are inconsistent with this Resolution are hereby amended or modified accordingly.

This Resolution shall take effect fifteen (15) days from its publication in a newspaper of general circulation.

Adopted: 01 Aug. 2008

APPROVED:

(SGD.) LEONOR TRIPON-ROSERO
Chairperson

(SGD.) RUTH RAÑA- PADILLA
Commissioner