PRC Memorandum 2016-03 - 0 (OCR)
PRC Memorandum 2016-03 - 0 (OCR)
PRC Memorandum 2016-03 - 0 (OCR)
ippincs
professional Regulation Commission
,11 I N COMMISSION
PROFESSIONAL R
Memorandum Order No. 03
Series of 2016
November 10, 2016
TO: CHAIRPERSONS AND MEMBERS OF THE PROFESSIONAL REGULATORY
BOARDS
LEGAL BASES
Page 2 of 8
REVISED GUIDELINES IN IMPLEMENTING SECTION 7 (J), (L) AND
SECTION 16 OF REPUBLIC ACT NO. 8981. OTHERWISE KNOWN AS THE
"PRC MODERNIZATION ACT OF 2000”. AND THE PERTINENT PROVISIONS
OF THE PROFESSIONAL REGULATORY LAWS (PRLs) , THE GENERAL AGREEMENT
ON TRADE-IN-SERVICES (GATS), AND OTHER INTERNATIONAL AGREEMENTS
ON THE PRACTICE OF FOREIGN PROFESSIONALS IN THE PHILIPPINES
For this purpose, the foreign applicant shall be required to submit the
following documents:
1.1 a letter or any document signed by and under the official seal of the
appropriate official of the foreign state or country requesting the Board
Chairperson concerned to allow the foreign applicant to take the
licensure examination and that by express provision of the law of the
foreign state or country or international treaty, agreement or covenant to
which the applicant’s state or country is a signatory, the citizens of the
Philippines are allowed to take the licensure examination and to register
as a professional in such foreign state or country;
1.2 an official copy of the foreign law or treaty, agreement or covenant
officially translated in the English language, if applicable;
1.3 original or certified true copy of the transcript of records or equivalent
document of the course for the licensure examination issued by the
institution of higher learning where the foreign applicant graduated:
Provided, that the documents must also be certified by the Commission
on Higher Education (CHED) to be equivalent to the pertinent course
accredited/recognized in the Philippines;
1.4 a duly accomplished Application Form for the licensure examination;
Page 3 of 8
REVISED GUIDELINES IN IMPLEMENTING SECTION 7 (J), (L) AND
SECTION 16 OF REPUBLIC ACT NO. 8981, OTHERWISE KNOWN AS THE
"PRC MODERNIZATION ACT OF 2000" AND THE PERTINENT PROVISIONS
OF THE PROFESSIONAL REGULATORY LAWS (PRLs) , THE GENERAL AGREEMENT
ON TRADE-IN-SERVICES (GATS), AND OTHER INTERNATIONAL AGREEMENTS
ON THE PRACTICE OF FOREIGN PROFESSIONALS IN THE PHILIPPINES
2.1 a letter or any document signed by and under the official seal of the
appropriate official of the foreign state or country requesting the Board
Chairperson concerned to allow the foreign applicant to register without
examination pursuant to the provisions of the applicable regulatory law,
coupled with a declaration/statement that the requirements for the
registration and licensing of professionals in such foreign state or country
are substantially the same as those provided for under Philippine laws;
2.2 an official copy of the foreign law or treaty, agreement or covenant as proof
of reciprocity, officially translated in the English language, if applicable;
2.3 any competent proof of citizenship; and
2.4 an official document showing that the applicant is a registered and licensed
professional in such foreign state or country or any equivalent document.
Page 4 of 8
REVISED GUIDELINES IN IMPLEMENTING SECTION 7 (J). (L) AND
SECTION 16 OF REPUBLIC ACT NO. 8981, OTHERWISE KNOWN AS THE
"PRC MODERNIZATION ACT OF 2000", AND THE PERTINENT PROVISIONS
OF THE PROFESSIONAL REGULATORY LAWS (PRLs) , THE GENERAL AGREEMENT
ON TRADE-IN-SERVICES (GATS), AND OTHER INTERNATIONAL AGREEMENTS
ON THE PRACTICE OF FOREIGN PROFESSIONALS IN THE PHILIPPINES
2.3 an official document showing that the applicant is a registered and licensed
professional in the foreign state or country or any equivalent document.
IV. FEES
The corresponding processing fees for the issuance of COR, PIC and STP shall
be paid by the applicant: Provided, that the COR, PIC or STP shall only be
issued upon payment of the prescribed registration or permit fee, as the case
may be.
A. Applications for the issuance of CORs, PICs and STPs under reciprocity
and other international agreements under Part III A (1) (2) and B (1)
1. An applicant for the issuance of COR, PIC or STP shall submit his/her
application, with all the supporting documents, to the International Affairs
Division (IAD) which shall undertake the initial assessment of the
documents as to their completeness. Actions/decisions on the application
by the processing clerk and head of the IAD shall be noted in the Action
Sheet appearing in the Application Form.
2. The IAD shall endorse the application with complete documents to the
Board concerned within two (2) days from receipt.
3. The Board, through a Resolution signed by at least majority of its
Members, shall act on the endorsed application for the issuance of CORs
and PICs (with examination) within five (5) days from receipt or longer
but in no case later than ten (10) days before the date of the licensure
examination. In the case of applications for registration without
examination and the STP, the Board shall likewise act on the same within
five (5) days from receipt.
4. The signed Board Resolution shall be endorsed to the Commission
which shall act thereon within three (3) days from the date of receipt.
Page 5 of 8
REVISED GUIDELINES IN IMPLEMENTING SECTION 7 (J). (L) AND
SECTION 16 OF REPUBLIC ACT NO. 8981, OTHERWISE KNOWN AS THE
•PRC MODERNIZATION ACT OF 2000", AND THE PERTINENT PROVISIONS
OF THE PROFESSIONAL REGULATORY LAWS (PRLs) , THE GENERAL AGREEMENT
ON TRADE-IN-SERVICES (GATS). AND OTHER INTERNATIONAL AGREEMENTS
ON THE PRACTICE OF FOREIGN PROFESSIONALS IN THE PHILIPPINES
B. Applications for the issuance of STPs under Part III B (2), (3) and (4)
The heads of the IAD, Application Division and Registration Division shall
be respectively accountable for the preparation, management and control
of all STP Certificates, NOAs, CORs and PICs that are to be issued based
on the approved applications.
The IAD shall email the names of the applicants for the issuance of COR,
PIC or STP to all the Members of the Board upon the filing of the
applications therefor. It shall be the duty of every Member of the Board to
submit in writing to the IAD and the Board Focal Person his/her comment
or objection thereto within two (2) days from the date that the same was
emailed to him/her. Failure to do so will not bar the approval of the
application and the issuance of the corresponding COR, PIC or STP to
the successful applicant.
Page 6 of 8
REVISED GUIDELINES IN IMPLEMENTING SECTION 7 (J), (L) AND
SECTION 16 OF REPUBLIC ACT NO, 8981, OTHERWISE KNOWN AS THE
•PRC MODERNIZATION ACT OF 2000", AND THE PERTINENT PROVISIONS
OF THE PROFESSIONAL REGULATORY LAWS (PRLs) , THE GENERAL AGREEMENT
ON TRADE-IN-SERVICES (GATS). AND OTHER INTERNATIONAL AGREEMENTS
ON THE PRACTICE OF FOREIGN PROFESSIONALS IN THE PHILIPPINES
All applications which have been disapproved by the Board Focal Person
shall be returned to the IAD for proper notification to the applicant.
The aggrieved party may file a Motion for Reconsideration (MR) of the
decision with the Board. The Board shall rule on the MR not later than
three (3) days from the date of receipt thereof. In resolving the MR,
the Board may either override the decision of the Board Focal Person and
consequently direct that the application be given due course, or sustain
the decision of the Board Focal Person disapproving the application.
In the latter case, the applicant may file an appeal to the Commission to
set aside the Board’s decision.
The basis of the authority and accountability of the Board Focal Person is
the Resolution signed by the Board en banc designating him/her in such
capacity. For this purpose, the Board concerned shall prescribe the
minimum standards to be observed by the Board Focal Person in the
evaluation of applications for the STP. Any and all actions and/or
decisions on the STP applications of the Board Focal Person shall be
binding upon all Members of the Board. In similar vein, any and all
liabilities and accountabilities accruing from any action and/or decision of
the Board Focal Person respecting the STP applications shall devolve to
the rest of the Members of the Board unless shown to be patently illegal,
arbitrary or unconstitutional, in which case, the liability or accountability
therefor shall be personal to the former.
The IAD and the Records and Management Division (RMD) shall have the
custody of all issued STP Certificates and Resolutions on Ratification,
respectively.
Page 7 of 8
REVISED GUIDELINES IN IMPLEMENTING SECTION 7 (J), (L) AND
SECTION 16 OF REPUBLIC ACT NO 8981, OTHERWISE KNOWN AS THE
‘PRC MODERNIZATION ACT OF 2000", AND THE PERTINENT PROVISIONS
OF THE PROFESSIONAL REGULATORY LAWS (PRLs). THE GENERAL AGREEMENT
ON TRADE-IN-SERVICES (GATS). AND OTHER INTERNATIONAL AGREEMENTS
ON THE PRACTICE OF FOREIGN PROFESSIONALS IN THE PHILIPPINES
Such request shall be acted and decided upon by the Board en banc
within fifteen (15) days from its receipt. The letter granting or denying the
request shall specifically state the reason/s or ground/s therefor.
All resolutions, orders, circulars and other issuances inconsistent herewith are hereby
repealed or amended accordingly.
Z
TEOFILO S. PILANDO, JR.
Chairman
O-CH/O-COMMI-O-COMMII/D-LGL/D-IAD/D-SPRB
TSP/ATCC/YDR/EfOI/LLPV/LTB
Page 8 of 8
Annex A
Category Steps
Application for the The applicant shall The IAD shall The Board, The Board shall The Resolution
issuance of COR and PIC submit the make the initial through a endorse its approving the
(with examination) application, with all evaluation of the Resolution Resolution to application shall
the supporting application signed by at the Commission be forwarded to
documents, to the documents least majority of which shall act the Application
International submitted and its Members, thereon within Division which
Affairs Division shall endorse the shall act on the three (3) days shall issue the
(IAD) within the pre-evaluated endorsed from receipt. corresponding
prescribed application to the application Notice of
deadline. Board concerned within five (5) Admission
within two (2) days days from (NOA) to the
from receipt. receipt or longer applicant.
but in no case
later than ten
(10) days before
the date of the
examination.
Application for the The applicant shall The IAD shall The Board, The Board shall The Resolution
issuance of COR and PIC submit the make the initial through a endorse its approving the
(without examination) application, with all evaluation of the Resolution Resolution to application shall
the supporting application signed by at the Commission be forwarded to
documents, to the documents least majority of which shall act the Registration
IAD. submitted and its Members, thereon within Division which
shall endorse the shall act on the three (3) days shall issue the
pre-evaluated endorsed from receipt. corresponding
application to the application COR and PIC
Board concerned within five (5) to the applicant.
within two (2) days days from its
from receipt. receipt.
Application for the The applicant shall The IAD shall The Board, The Board shall The Resolution
issuance of STP under submit the make the initial through a endorse its approving the
reciprocity and under application, with all evaluation of the Resolution Resolution to application shall
international agreements the supporting application signed by at the Commission be forwarded to
documents, to the documents least majority of which shall act the IAD which
IAD. submitted and its Members, thereon within shall issue the
shall endorse the shall act on the three (3) days STP Certificate
pre-evaluated endorsed from receipt. to the applicant.
application to the application
Board concerned within five (5)
within two (2) days days from its
from receipt. receipt.
Applications for the The applicant shall The IAD shall The Board Focal The IAD shall The signed STP
issuance of STP to submit the make the initial Person shall act endorse the Certificate shall
engage as consultant in application, with all evaluation of the on the endorsed STP Certificate be forwarded to
foreign- funded, joint the supporting application application and and the filled- the IAD which
venture or foreign- documents, to the documents submit his/her out Action shall issue the
assisted projects of the IAD. submitted and action / decision Sheets to the same to the
government shall endorse the thereon to the Board applicant.
pre-evaluated IAD within two Chairperson
application to the (2) days from and
Board concerned, receipt. IAD shall Commission
through its Focal proceed to Chairperson for
Person, within two prepare the STP their signatures.
(2) days from Certificate of the
receipt. applicant whose
application has
been approved
by the Board
Focal Person.
Applications for the The applicant shall The IAD shall The Board Focal The IAD shall The signed STP
issuance of STP to be submit the make the initial Person shall act endorse the Certificate shall
employed by Philippine application, with all evaluation of the on the endorsed STP Certificate be forwarded to
or foreign private firms the supporting application application and and the filled- the IAD which
or institutions documents, to the documents submit his/her out Action shall issue the
International submitted and action / decision Sheets to the same to the
Affairs Division shall endorse the thereon to the Board applicant.
(IAD). pre-evaluated IAD within two Chairperson
application to the (2) days from and
Board concerned, receipt. IAD shall Commission
through its Focal proceed to Chairperson for
Person, within two prepare the STP their signatures.
(2) days from Certificate of the
receipt applicant whose
application has
been approved
by the Board
Focal Person.
Applications for the The applicant shall The IAD shall The Board Focal The IAD shall The signed STP
issuance of STP to submit the make the initial Person shall act endorse the Certificate shall
engage in humanitarian application, with all evaluation of the on the endorsed STP Certificate be forwarded to
or medical, dental or the supporting application application and and the filled- the IAD which
surgical missions for a documents, to the documents submit his/her out Action shall issue the
limited period of time IAD. submitted and action / decision Sheets to the same to the
shall endorse the thereon to the Board applicant.
pre-evaluated IAD within two Chairperson
application to the (2) days from and
Board concerned, receipt. IAD shall Commission
through its Focal proceed to Chairperson for
Person, within two prepare the STP their signatures.
(2) days from Certificate of the
receipt applicant whose
application has
been approved
by the Board
Focal Person.