laws and ethics (jan 24 2014)

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    REPUBLIC ACT

    NO. 8981AN ACT MODERNIZING THE PROFESSIONALREGULATION COMMISSION (PRC), REPEALINGFOR THE PURPOSE PRESIDENTIAL DECREENUMBERED TWO HUNDRED AND TWENTY-THREE, ENTITLED "CREATING THEPROFESSIONAL REGULATION COMMISSION AND

    PRESCRIBING ITS POWERS AND FUNCTIONS,"AND FOR OTHER PURPOSES

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    INTRODUCTION

    The PRC has one of the most dauntingmandates in national development, as itregulates and supervises the practice of theprofessionals who constitute the highlyskilled manpower of the country.

    2.4 million Filipino Professional that are

    registered coming from 46 different fields. PRC Chairperson Teresita R. Manzala

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    INTRODUCTION

    PRC has in the past been tagged as thecradle of anomalies and fixing activities.Examination leakages easily got their wayinto review center and examination sites.Professional licenses and Board Certificatescan easily be bought along C. M. Recto

    Avenue.

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    INTRODUCTION

    Theme e -PRC: Taking Off @ ElectronicModernization and Empowerment TowardsExcellent Service.

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    INTRODUCTION

    Flagship Electronic Modernization Projects:

    PRC DoxPro:Call Center with Delivery

    System Professional ID in Minutes

    Computerized Official Receipt and Income

    Reporting e-National Government Accounting System

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    INTRODUCTION

    Nurture Filipino Professionalstowards technical proficiencyand civic responsibility in theservice of the Filipino nation

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    SECTIONS

    Section 1

    Title "PRC Modernization Act of 2000."

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    Section 2 Statement of Policy

    The State recognizes the important role of professionals innation-building and, towards this end, promotes thesustained development of a reservoir of professionalswhose competence has been determined by honest andcredible licensure examinations and whose standards ofprofessional service and practice are internationallyrecognized and considered world-class brought about theregulatory measures, programs and activities that fosterprofessional growth and advancement.

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    Section 3 Professional Regulation Commission

    There is hereby created a three-mancommission to be known as the ProfessionalRegulation Commission, hereinafter referredto as the Commission, which shall be attachedto the office of the President for generaldirection and coordination.

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    Section 4

    Composition The Commission shall be headed by one (1) full-

    time Chairperson and two (2) full-timeCommissioners, all to be appointed by thePresident for a term of seven (7) years withoutreappointment to start from the time they assumeoffice. Appointments to a vacancy that occursbefore the expiration of the term of aCommissioner shall cover only the unexpired term

    of the immediate predecessor. At the expiration ofthe Chairperson, the most senior of theCommissioners shall temporarily assume andperform the duties and functions of theChairperson until a permanent Chairperson isappointed by the President.

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    Section 4

    Composition The Chairperson or Commissioner shall be at least forty (40)

    years of age, holding a valid certificate ofregistration/professional license and a valid professionalidentification card or a valid certificate of competency issuedby the Commission or a valid professional license issued byany government agency, familiar with the principles andmethods of professional regulation and/or licensing and hashad at least five (5) years of executive or managementexperience: Provided , That, one (1) of the Commissionersmust be a past Chairperson/member of a ProfessionalRegulatory Board.

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    Section 5

    Exercise of Powers and Functions of theCommission The Chairperson of the Commission, and the

    Commissioners as members thereof shall sitand act as a body to exercise generaladministrative, executive and policy-makingfunctions of the Commission. The Commissionshall establish and maintain a high standard ofadmission to the practice of all professionsand at all times ensure and safeguard theintegrity of all licensure examinations.

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    Section 5

    Exercise of Powers and Functions of the

    Commission 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 acollegial body. As chief executive officer of theCommission, he/she shall be responsible forthe implementation of the policies and theprograms adopted by the Commission for thegeneral administration of the Commission.He/she shall perform such other activitieswhich are necessary for the effective exerciseof the powers, functions and responsibilities ofthe Commission.

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    Section 6

    Compensation and Other Benefits The Chairperson shall receive compensation and

    allowances equivalent to that of a DepartmentSecretary while the Commissioners shall receivecompensation and allowances equivalent to that of anUndersecretary. The Chairperson and the members ofthe Commission shall be entitled to retirement benefits

    provided under Republic Act Numbered FifteenHundred and Sixty Eight, as amended by Republic ActNumbered Three Thousand Five Hundred and NinetyFive.

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    Section 8

    Regional Offices The Commission is hereby authorized to create regional

    offices as may be necessary to carry out their functionsmandated under this Act.

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    Section 9

    Powers, Functions and

    Responsibilities of the VariousProfessional Regulatory Boards

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    Section 10

    Compensation of the Members of the Professional RegulatoryBoards

    The members of the Professional Regulatory Boardsshall receive compensation equivalent to, at least, twosalary grades lower than the salary grade of theCommissioners: Provided , That the Chairperson of theRegulatory Board shall receive a monthly compensationof two steps higher than the members of the Board,and: Provided, further , That they shall be entitled toother allowances and benefits provided under existinglaws.

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    Section 11

    Person to Teach Subjects for LicensureExamination on all Professions

    All subjects for licensure examinations shallbe taught by persons who are holders of validcertificates of registration and validprofessional licenses of the profession andwho comply with the other requirements of theCHED.

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    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, renderassistance in enforcing the regulatory law of the professionincluding the rules and regulations promulgated thereunder byprosecuting the violators thereof in accordance with law andthe rules of court.

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    Section 13

    Appropriations The amount necessary to carry out the initial implementation

    of this Act shall be charged against the current yearsappropriations of the Professional Regulation Commission.Thereafter, such sums as may be necessary for the continuedimplementation of this Act shall be included in the succeedingGeneral Appropriations Act.

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    Section 16

    Penalties for Violation of Section 7 Subparagraph (1) byHeads of Government Agencies or Officers of PrivateEntities/Institutions

    Any head of a government agency or officer(s) of a privatefirm/institution who violates Section 7 subpar. (1) of this Actshall be punished by imprisonment of not less than six (6)months and one (1) day to not more than six (6) years, or afine of not less than Fifty thousand pesos (P50,000.00) to notmore than Five hundred thousand pesos (P500,000.00) orboth at the discretion of the court.

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    Section 17

    Implementing Rules and Regulations Within ninety (90) days after the approval of this Act, the

    Professional Regulation Commission, together withrepresentatives of the various Professional Regulatory Boardsand accredited professional organizations, the DBM, and theCHED shall prepare and promulgate the necessary rules andregulations needed to implement the provisions of this Act.

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    Section 18

    Transitory Provisions The incumbent Commissioner and two (2) incumbent

    Associate Commissioners shall serve as Chairperson andCommissioners respectively under the terms for which theyhave been appointed without need of new appointments. Theincumbent Executive Director shall likewise serve as AssistantCommissioner without need of new appointment.

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    Section 19

    Separability Clause If any provision of this Act or the application of such

    provision to any person or circumstances is declaredinvalid or unconstitutional, the remainder of this Act orapplication of such provisions to other persons orcircumstance shall not be affected by such declaration.

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    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 arehereby repealed. Section 23 (h) of Republic Act No. 7836,Section 4 (m & s). Section 23 of Republic Act No. 7920, andSection 29 of Republic Act No. 8050, insofar as it requirescompletion of the requirements of the Continuing ProfessionalEducation (CPE) as a condition for the renewal of the licenseare hereby repealed. All other laws, orders, rules andregulations or resolutions and all part/s thereof inconsistentwith the provisions of this Act are hereby repealed oramended accordingly.

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    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

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    PI HE ODE OF

    ETHI S Section 1.

    The chemical engineer shall be guided in all his relations bythe highest standards of honor and integrity and shall act withfairness and impartiality to all.

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    Section 2.

    The chemical engineer shall uphold at all times the dignity ofthe chemical engineering profession and shall protect it frommisrepresentation.

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    Section 3.

    The chemical engineer shall avoid being associated with anyenterprise which is of questionable character or is contraryto law or public welfare.

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    Section 4.

    The chemical engineer shall express a professional opiniononly when he is adequately informed of the facts relatedthere to and the purposes for which the opinion is asked.

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    Section 5.

    The chemical engineer shall not issue statements,criticism or arguments on matters of public concern which areinspired or paid for by private interests, unless he indicatesin whose behalf he is making the statement.

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    Section 7.

    The chemical engineer shall be mindful of the safetyand convenience of the public at all times and shall makeevery effort to remedy or bring to the attention of his client oremployer any dangerous defect in equipment or structuresor dangerous conditions of operation which come to hisknowledge.

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    Section 8.

    The chemical engineer shall consider it his professional obligation to protect the interest of hisclient, employer or any person of responsibility and he shall act accordingly as long as it does notconflict with law, public policy, and welfare.

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    Section 9.

    The chemical engineer shall make known to his client oremployer all his other professional obligations, financialinterests, or other considerations which might restrict orinterfere with his meeting the legitimate expectations of hisclient or employer before undertaking an engagement.

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    Section 10.

    The chemical engineer shall not accept compensation,financial or otherwise form more than one client or employerwho is in the same line of business or has conflicting interestwith the others, without the consent of all parties; he shall notaccept compensation directly or indirectly from parties dealingwith his client or employer except with the consent of hisclient or employer.

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    Section 11.

    The chemical engineer shall present clearly the consequences or risk that will arise if his professional judgment or work, forwhich he is responsible, is overruled.

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    Section 12.

    The chemical engineer shall not hesitate to engage, or advisehis client or employer to engage the services of otherexperts or specialists on problems on which his information orexperience is inadequate.

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    Section 14.

    The chemical engineer shall exchange general informationand experience with his fellow chemical engineers, contributeto the work of engineering societies and schools, and

    cooperate in such other endeavors as will enhance theeffectiveness of the chemical engineering profession.

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    Section 15.

    The chemical engineer shall encourage and provideopportunity for the professional developmentor advancement of chemical engineers in his employ.

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    Section 16.

    The chemical engineer shall recognize the view thatinadequate compensation forprofessional services tend towards inferior and

    unreliable work and shall not accept compensation beneaththe generally accepted level of professional fee.

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    Section 17.

    The chemical engineer shall not competewith another engineer unfairly, such as reducing his usualprofessional charges for work after having been informed

    of the charges asked by others.

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    Section 18.

    The chemical engineer shall not injure or attempt toinjure falsely or maliciously, directly or indirectly, theprofessional reputation, competence, capability, prospects, or

    practice of another professional.

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    Section 19.

    The chemical engineer shall endeavor at all times to givecredit to those to whom credit is properly due.

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    Section 20.

    The chemical engineer shall not review the work of anotherchemical engineer for the same client or employer without theprior knowledge and consent of such engineer when the client

    or employer relation of such chemical engineer has alreadybeen terminated, prior notice is sufficient.

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    Section 21.

    The chemical engineer shall report any infraction of any rulesof professional conduct to the Philippine Institute ofChemical Engineers (PICHE) for

    proper appraisal and shall be ready to testify, if necessary.

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    Section 22.

    This Code shall take effect after fifteen (15) days following itspublication in the Official Gazette.

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    Thank you for listening!