Adopted: 07 February 2018
Date Filed: 02 March 2018
WHEREAS, Section 5 of Republic Act No. 8981, known as the “PRC Modernization Act of 2000”, provides that “[T]he 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”;
WHEREAS, Section 8 (p) of Commission Resolution No. 2000-01 or the Rules and Regulations to Implement the Provisions of Republic Act No. 8981 provides that one of the powers, functions and responsibilities of the Professional Regulation Commission is “[T]o exercise administrative supervision over the various Professional Regulatory Boards (Boards) and its members”;
WHEREAS, the Commission recognizes the existence of accredited professional organizations by virtue of Executive Order 496, Series of 1991, entitled “Instituting Procedures and Criteria for the Selection and the Recommendation of Nominees for Appointment to Vacant Positions in the Professional Regulatory Boards under the Supervision of the Professional Regulation Commission”;
WHEREAS, relevant provisions in various Professional Regulatory Laws empower the Commission, together with the Boards, to accredit professional organizations for each of its regulated profession;
WHEREAS, the Boards have regulatory jurisdiction over registered and licensed professionals who are or can be members of professional organizations belonging to their discipline or profession;
WHEREAS, the PRC issued Resolution No. 2004-178, Series of 2004, entitled “Rules Governing the Status of the Present Accredited Professional Organizations, Accreditation of New/Future Professional Organizations, the Renewal of the Certificates of Accreditation, and their Cancellation/Suspension”, which governs the accreditation process of Accredited Professional Organizations (APOS)/Accredited Integrated Professional Organizations (AIPOs);
WHEREAS, there is a need to review and revise the present rules to address some implementation and operational gaps in the process of accrediting APOs/AIPOs;
WHEREAS, the Commission and the Professional Regulatory Board, as the may be, shall accredit only one (1) professional organization for each of the professions under its jurisdiction;
WHEREAS, the Commission, in crafting the new rules on the accreditation of APOS/AIPOs, conducted consultations with the Boards, APOS, AIPOs, Philippine Federation of Professional Association, Inc. (PFPA) and other stakeholders;
WHEREAS, the Boards, APOs, AIPOs, PFPA and other stakeholders favorably endorsed this Revised Rules on the Accreditation of Professional Organizations and Integrated Professional Organizations for the approval of the Commission.
NOW, THEREFORE, the Commission
RESOLVED, as it hereby
RESOLVES, to issue and promulgate this “Revised Rules on the Accreditation of Professional Organizations and Integrated Professional Organizations”.
RULE 1
DEFINITION OF TERMS
Section 1. Definition of Terms. - As used in this Rules, the following terminologies shall be construed as:
a. Accreditation – refers to the formal or official approval granted to an organization upon meeting the basic requirements and achievement standards, including qualifications, for a period of three (3) years;
b. Certificate of Accreditation – refers to the document issued by the PRC, upon endorsement or recommendation of the Board, after the organization had complied with the requirements set forth in this Rules;
c. Certificate of Registration (CoR) – refers to the document issued by the PRC and the Board signifying that the person named therein has complied with all the legal and procedural requirements for such issuance, including, in appropriate cases, passing the licensure examination;
d. Professional Identification Card (PIC) – refers to the card bearing the registration number, dates of issuance and expiry, duly signed by the PRC Chairperson that is issued to a registered professional upon payment of the prescribed fee and compliance with Republic Act No. 10912 (CPD Act of
2016);
e. APO – refers to the PRC Accredited Professional Organization where membership therein by professionals is only voluntary;
f. AIPO – refers to the concerned Board and PRC Accredited Integrated Professional Organization for a given profession which is specifically mandated by the provision of the PRL to integrate the professionals into one national organization and where the membership therein by professionals is automatic and mandatory[1];
g. ASEAN – Association of Southeast Asian Nations;
h. BIR – refers to the Bureau of Internal Revenue;
i. Board – refers to the Professional Regulatory Board;
j. CPA – refers to the Certified Public Accountant;
k. CPD – refers to the Continuing Professional Development;
l. GIS – refers to the General Information Sheet;
m. MRA – refers to the mutual recognition arrangement between or among states;
n. PRC – refers to the Professional Regulation Commission;
o. PRL – refers to the Professional Regulatory Law, and
p. SEC – refers to the Securities and Exchange Commission.
RULE 2
ACCREDITED PROFESSIONAL ORGANIZATION (APO) – QUALIFICATIONS, DISQUALIFICATIONS, AND RENEWAL OF ACCREDITATION
Section 2. Qualifications for Accreditation. - In order to be accredited by the PRC, a professional organization must, at the time of filing of its application for accreditation, possess all of the following qualifications:
a. It is established for the promotion of the benefit and welfare of the professionals of one discipline, the advancement of their profession, and the attainment of other professional ends;
b. Its membership is open to all registered professionals of the same discipline without discrimination;
c. It is duly registered as a non-stock and non-profit corporation or association with SEC and duly registered with BIR; and
d. Its membership in a particular discipline shall be comprised of at least fifty percent plus one (50% + 1) of the registered professionals possessing current and valid PICs.
Section 3. Disqualifications for Accreditation. - A professional organization shall be disqualified from applying for accreditation as APO on any of the following grounds:
a. It has committed act/s inimical to the interest of the profession or its members;
b. It has failed to comply with the lawful orders and/or policies of the Board and/or the PRC;
c. It has failed to comply with regulatory policies of other government agencies like the SEC, BIR and local government units;
d. It has adopted discriminatory policies on membership; and
e. It has committed other act/s analogous to the foregoing.
Section 4. Documentary Requirements for Accreditation. - A professional organization seeking accreditation shall submit the following documents:
a. A duly notarized Petition for Accreditation signed by the authorized representative of the professional organization with a statement that it possesses all of the qualifications and none of the disqualifications to become an APO and with verification; (Copy of Petition Form is hereto attached as Annex “A”")
b. Secretary’s Certificate or Board Resolution granting authority to represent the professional organization;
c. Complete list of incumbent officers of the professional organization, including its chapter officers (if any), with photocopies of their PICs;
d. Authenticated copy of certificate of registration issued by SEC;
e. Authenticated copy of certificate of registration issued by BIR;
f. Authenticated copy of the professional organization's current Articles of
Incorporation and By-Laws;
g. Copy of the latest Audited Financial Statement/s submitted to SEC duly signed by a CPA authorized to practice public accountancy, including those of its chapter organizations, if applicable;
h. Proof of payment of the prescribed processing fee; and
i. Complete list of members in good standing, with the following details:
i. Names of members in alphabetical order and numbered;
ii. Their respective CoR numbers;
iii. Dates of registration; and
iv. Status of PICs, whether valid or expired.
Example
No . | Name of Member | CoR Number | Date of
Registration | Status of
PIC | Receipt No. of
Membership
Dues |
| 1 | | | | | |
| 2 | | | | | |
The petitioner has the option of submitting soft copies of items c and i in PDF format. The items shall be saved in the CD separately with a file name corresponding to the name of the professional organization followed by the name of the document. (Example file name: PRC-List of Members)
Section 5. Documentary Requirements for the Renewal of Accreditation. – The APO seeking for the renewal of its accreditation shall submit the following documents:
a. A duly notarized Petition for Renewal of Accreditation signed by the authorized representative of the professional organization (Copy of Petition Form is hereto attached as Annex “B”*) stating, among others, the following:
i. That the professional organization continues to maintain the purpose/s for which it was established[2]; and
ii. That the membership of the accredited professional organization does
not fall below fifty percent plus one (50%+1) of the registered professionals with valid PICs for the current year;
b. Secretary’s Certificate or Board Resolution granting authority to represent the professional organization;
c. Complete list of incumbent officers of the professional organization, including its chapter officers (if any), with photocopies of their PICs;
d. Authenticated copy of the recent amended Articles of Incorporation and By- Laws, if any;
e. Proof of payment of the prescribed processing fee;
f. Complete list of members in good standing, with the following details:
i. Names of members in alphabetical order and numbered;
ii. Their respective CoR numbers;
iii. Dates of registration; and
iv. Status of PICs, whether valid or expired.
The petitioner has the option of submitting soft copies of items c and f in the manner provided under Section 4.
The petition for renewal, with all the supporting documents, shall be submitted not later than three (3) months prior to the expiration of the APO’s Certificate of Accreditation.
RULE 3
ACCREDITED INTEGRATED PROFESSIONAL ORGANIZATION (AIPO) – QUALIFICATIONS, DISQUALIFICATIONS, AND RENEWAL OF ACCREDITATION
Section 6. Qualifications for Accreditation. – In order to be accredited by the concerned Board and PRC, a professional organization must, at the time of filing of its application for accreditation, possess all of the following qualifications:
a. Its Articles of Incorporation include as one of its purposes: to integrate the professionals of one discipline into one (1) national organization as mandated by their PRL;
b. It promises to carry out the policies, objectives, and purposes pursuant to its mandate under the PRL;
c. It is a duly registered non-stock and non-profit corporation or association with the SEC and duly registered with the BIR; and
d. Its membership in a particular discipline shall be comprised of at least fifty percent plus one (50%+1) of the registered professionals possessing current and valid PICs.
Section 7. Disqualifications for Accreditation. – A professional organization shall be disqualified from applying for accreditation as AIPO on any of the grounds provided under Section 3 of Rule 2.
Section 8. Documentary Requirements for Accreditation. – A professional organization seeking accreditation to become an AIPO shall submit the documents listed under Section 4 of Rule 2. (A Copy of Petition Form is hereto attached as Annex “C”*).
Section 9. Documentary Requirements for the Renewal of Accreditation. – The AIPO seeking for the renewal of its accreditation shall submit the following documents:
a. A duly notarized Petition for Renewal signed by the authorized representative of the professional organization stating, among others, that the professional organization continues to maintain the purpose/s for which it was established[3]; (Copy of Petition Form is hereto attached as Annex “D”*)
b. Secretary’s Certificate or Board Resolution granting authority to represent
the professional organization;
c. Complete list of incumbent officers of the professional organization, including its chapter officers (if any), with photocopies of their PICs;
d. Authenticated copy of the recent amended Articles of Incorporation and By- Laws, if any, and
e. Proof of payment of the prescribed processing fee.
The petitioner has the option of submitting soft copies of item c in the manner provided under Section 4.
The petition for renewal, with all the supporting documents, shall be submitted not later than three (3) months prior to the expiration of the AIPO’s Certificate of Accreditation.
RULE 4
PROCESS, PUBLICATION, AND VALIDITY OF ACCREDITATION
Section 10. Endorsement/Recommendation by the Board. – Upon receipt of complete documents of the organization applying as APO, the Board shall evaluate the petition submitted and make an endorsement to the PRC within thirty (30) days from receipt thereof. The endorsement shall contain the reason for the approval or disapproval of the petition. (Endorsement Form is hereto attached as Annex “E”)
Upon receipt of complete documents of the organization applying as AIPO, the Board shall evaluate the petition submitted and make a Board Resolution recommending approval or denial, stating its reason/s, to the PRC within thirty
(30) days.
Section 11. Action on the Petition for Accreditation. – Upon granting of the petition, the PRC shall issue a Resolution which shall be published in any newspaper of general circulation at the expense of the petitioner. The accreditation shall take effect immediately upon the publication of the Resolution, and after which, the PRC shall issue the Certificate of Accreditation.
If the petition for accreditation is denied, the PRC shall notify the petitioner in writing citing the reason/s provided in the Board or PRC Resolution, as the case may be.
The decision denying the petition shall be final and executory.
Section 12. Validity of Accreditation. – The Certificate of Accreditation is valid for three (3) years from the completion of the Resolution’s publication.
Section 13. Processing Fee. – The processing fee for the initial and renewal of accreditation shall be the amount prescribed in the processing sheet. (Processing Sheet is hereto attached as Annex “F” for new professional organizations and “G-1 and G-2” for the renewal of professional organizations)
RULE 5
RIGHTS, PRIVILEGES, DUTIES, AND RESPONSIBILITIES OF APO/AIPO
Section 14. Rights and Privileges of APO/AIPO. – The APO/AIPO shall enjoy, within the period of the validity of its accreditation, the following rights and privileges:
a. To represent the profession for which such organization has been established and accredited;
b. To submit nominees for vacant positions in the Board;
c. To bid for the yearly award for the outstanding professional organization;
d. To nominate for the annual outstanding professional of its profession;
e. To designate a representative to sit as the 1st member of the CPD Council;
f. To be part of the oath taking ceremony of the new professionals;
g. To represent the profession in the Monitoring Committee for the ASEAN MRAs, if applicable; and
h. To exercise analogous rights and privileges under the law.
Section 15. Duties and Responsibilities of APO/AIPO. – It shall be the duty and responsibility of the APO/AIPO:
a. To define the professional responsibilities of its members;
b. To ensure that its members adhere to the Code of Ethics, Responsibilities, and highest professional and technical standards;
c. To improve the standards of the profession through effective collaboration with the Board and the PRC;
d. To look into the conditions affecting the practice of the profession and to propose policies or measures to the Board or the PRC for its improvement;
e. To ensure the welfare, and best interest as well as harmonious relationship among its members; and
f. To report violations of the PRL to the PRC, through the Office of the Legal
Service, for possible prosecution or filing of complaint.
Section 16. Annual Reportorial Requirements. – During the validity of accreditation, the APO/AIPO shall, in addition to the duties and responsibilities stated in the preceding section, submit the following:
a. Yearly Audited Financial Statement (FS) of the organization and those of its chapters, if any, duly signed by a CPA authorized to practice public accountancy within ten (10) days from the submission made to the SEC. It shall bear “RECEIVED” mark by the SEC and BIR;
b. Authenticated copy of the recent GIS within thirty (30) days from the conduct of national election; and
c. Report on significant achievements as corporate body in attaining the objectives of the organization, in the enhancement of the welfare of its members and the stature/prestige of the profession, as well as tangible programs (which may include insuring its members, providing scholarship; and conducting free CPD programs for the members; life, health and death benefits; and other benefits) to be signed by the Board of the professional organization, within thirty (30) days after the conduct of election.
RULE 6
NOTIFICATION AND OBSERVATION OF ELECTIONS OF APO/AIPO
Section 17. Prior Notice. – The APO/AIPO shall inform the PRC in writing of the scheduled national election at least thirty (30) days prior to the conduct of the event.
Section 18. Election of APO/AIPO Trustees and Officers. – During the national election of the APO/AIPO Board of Trustees and officers, a duly authorized representative of the PRC, preferably from the Office of the Legal Service, may monitor and witness the conduct thereof upon written request of the concerned Board to the PRC.
The representative shall submit a report to the PRC of the election proceedings within fifteen (15) days after the date of the election. (Election Report Form is hereto attached as Annex “H”).
RULE 7
GROUNDS FOR SUSPENSION OR CANCELLATION
Section 19. Cancellation or Suspension of Accreditation. – A certificate of accreditation of an APO/AIPO shall be cancelled or suspended by the PRC or by the concerned Board upon approval or concurrence by the PRC, only after due process, on any of the following grounds/causes:
a. The APO/AIPO ceases to possess any of the qualifications for accreditation;
b. The APO/AIPO no longer serves the best interest of the profession for which it was accredited;
c. The APO fails to maintain its membership of fifty percent plus one (50%+1)
of those who have been issued their valid and current PICs;
d. The APO/AIPO commits acts inimical to the interest of its members and to the profession;
e. The APO/AIPO fails to submit the annual reportorial requirements as stated under Section 16;
f. The APO/AIPO fails to exercise legitimate obligations required of them by the
Board and/or PRC; and
g. The APO/AIPO fails to comply with the lawful orders of the Board and/or PRC.
Section 20. Decisions of Cancellation or Suspension and its Effects. – The decision canceling or suspending the APO/AIPO accreditation shall be final and executory and shall only take effect after its publication in any newspaper of general circulation.
The exercise of rights, privileges, duties and responsibilities by the APO/AIPO as stated in Rule 5 of this Rules, shall cease upon the cancellation or suspension of the certificate of accreditation. The Board and/or PRC may accept other qualified applicants for accreditation thereafter.
Any required document issued by the APO/AIPO pursuant to a Board and/or PRC Resolution shall automatically cease to be a requirement until a professional organization shall have been accredited pursuant to this Rules.
[4]RULE 8
EFFECTS OF EXPIRATION/NON-RENEWAL OF CERTIFICATE OF ACCREDITATION, EFFECTS OF AN ENACTMENT OF NEW PROFESSIONAL REGULATORY LAW AND APPOINTMENT OF INTERIM APO/AIPO
Section 21. Effects of Expiration/Non-Renewal of Accreditation. – The non- renewal and expiration of accreditation shall automatically result in the loss or forfeiture of all the rights, privileges, duties and responsibilities of APO/AIPO.
The expiration or non-renewal of accreditation shall carry the same effects as that of cancellation/suspension as stipulated in Section 20 of this Rules.
Section 23. Effects of Accrediting another Professional Organization. – A professional organization which has duly acquired an accreditation from the Board and/or PRC shall possess all the rights and privileges under Section 14 and shall be subject to all the duties and responsibilities provided under Section 15 of Rule 5. It shall receive a Certificate of Accreditation, with the corresponding accreditation number which shall be valid for three (3) years, unless sooner revoked or suspended.
Section 24. Enactment of a Revised/Amended Professional Regulatory Law that affects the existing APO/AIPO. – The revision/amendment of a PRL shall not affect the status of the incumbent APO/AIPO, provided, that it continues to hold a valid and subsisting accreditation of such time. It shall continue to discharge its functions and duties as such until a professional organization shall have been accredited pursuant to the provisions of the revised/amended PRL and this Rules.
Section 25. Appointment of Interim APO/AIPO. – The PRC shall have the power to appoint an interim APO/AIPO, should the circumstances so warrant.
The PRC shall issue separate guidelines for the implementation of this section.
RULE 9
PROCEDURE FOR THE CONDUCT OF INVESTIGATION AGAINST APO/AIPO
Section 26. Nature of Administrative Proceedings against the APO/AIPO. – If a case has been filed with the PRC against APO/AIPO, the proceedings shall be summary in nature and shall be governed by the prevailing PRC Rules of Procedure on Administrative Investigation.
Section 27. Motu Proprio Investigation. – The PRC and/or Board shall have the power to investigate the APO/AIPO, and for this purpose, may direct a trustee, officer or member to testify or bring with him/her books, documents, or other things under his/her control which are material or pertinent to the matter under investigation.
RULE 10
ORGANIZATIONAL DISPUTE
Section 28. Mediator in an Organizational Dispute of the APO/AIPO. – The PRC, through the Office of the Legal Services, may direct the parties to undergo conciliation/mediation in relation to any organizational dispute which, in the opinion of the Board and the PRC, is material to APO/AIPO accreditation status including, but not limited to, the election disputes. The conciliation/mediation may proceed independently and simultaneously with any other legal action that may be taken in connection with the dispute.
The PRC shall issue separate guidelines for the implementation of this section.
RULE 11
FINAL PROVISIONS
Section 28. Retention of Accreditation Number. – Professional Organizations previously accredited by the PRC under Section 1, Article IX of the “Rules and Regulations governing the Regulation and Practice of Professionals” promulgated pursuant to Section 5 (n) of Presidential Decree No. 223 and PRC Resolution 2004-178, shall retain their respective accreditation numbers.
Section 29. Separability Clause. – If any provision or section of this Rules shall be declared unconstitutional or invalid, other provisions not affected thereby shall remain in force and effect.
Section 30. Repealing Clause. – PRC Resolution No. 2004-178 is repealed. All rules, regulations, memoranda, orders, circulars, or parts thereof in conflict with the provisions of this Rules are hereby repealed or amended accordingly.
Section 31. Effectivity. – This Rules shall take effect after fifteen (15) days following its full and complete publication in the Official Gazette or in any major newspaper of general circulation in the Philippines.
Let copies hereof be further furnished the U. P. Law Center, APOs, AIPOs and the Philippine Federation of Professional Association, Inc. (PFPA).
Done in the City of Manila, this 7th day of February, 2018.
(SGD) TEOFILO S. PILANDO, J.R
Chairman
(SGD) YOLANDA D. REYES
Commissioner | (SGD) JOSE Y. CUETO, JR.
Commissioner |
[1] Except as provided in Republic Act No. 8050 (Revised Optometry Law of 1995) and Republic Act
No. 7836 (Philippine Teachers Professionalization Act of 1994) as amended
[2] i.e. for the promotion of the benefit and welfare of the professionals of one discipline, the advancement of the profession and the attainment of other professional ends
[3] i.e. to integrate professionals of one discipline into one (1) national organization as mandated by their PRL
[4] E.g. AIPO Certificate of Good Standing as a requirement for the renewal of PIC.
