ARTICLE VIII
JUDICIAL DEPARTMENT

Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.

Section 2. The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the various courts but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof.

No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its Members.

Section 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released.

Section 4. (1) The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or in its discretion, in division of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof.

(2) All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court are required to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.

(3) Cases or matters heard by a division shall be decided or resolved with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon, and in no case without the concurrence of at least three of such Members. When the required number is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc.

Section 5. The Supreme Court shall have the following powers:

1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in:

(a) All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.

(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.

(c) All cases in which the jurisdiction of any lower court is in issue.

(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.

(e) All cases in which only an error or question of law is involved.

(3) Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned.

(4) Order a change of venue or place of trial to avoid a miscarriage of justice.

(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the under-privileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.

(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

Section 6. The Supreme Court shall have administrative supervision over all courts and the personnel thereof.

Section 7. (1) No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born citizen of the Philippines. A Member of the Supreme Court must be at least forty years of age, and must have been for fifteen years or more, a judge of a lower court or engaged in the practice of law in the Philippines.

(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Bar.

(3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence.

Section 8. (1) A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of the Congress as ex officio Members, a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the private sector.

(2) The regular members of the Council shall be appointed by the President for a term of four years with the consent of the Commission on Appointments. Of the Members first appointed, the representative of the Integrated Bar shall serve for four years, the professor of law for three years, the retired Justice for two years, and the representative of the private sector for one year.

(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of its proceedings.

(4) The regular Members of the Council shall receive such emoluments as may be determined by the Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for the Council.

(5) The Council shall have the principal function of recommending appointees to the Judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it.

Section 9. The Members of the Supreme Court and judges of the lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation.

For the lower courts, the President shall issue the appointments within ninety days from the submission of the list.

Section 10. The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of judges of lower courts, shall be fixed by law. During their continuance in office, their salary shall not be decreased.

Section 11. The Members of the Supreme Court and judges of lower courts shall hold office during good behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office. The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.

Section 12. The Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions.

Section 13. The conclusions of the Supreme Court in any case submitted to it for decision en banc or in division shall be reached in consultation before the case is assigned to a Member for the writing of the opinion of the Court. A certification to this effect signed by the Chief Justice shall be issued and a copy thereof attached to the record of the case and served upon the parties. Any Members who took no part, or dissented, or abstained from a decision or resolution, must state the reason therefor. The same requirements shall be observed by all lower collegiate courts.

Section 14. No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based.

No petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied without stating the legal basis therefor.

Section 15. (1) All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four months from date of submission for the Supreme Court, and, unless reduced by the Supreme Court, twelve months for all lower collegiate courts, and three months for all other lower courts.

(2) A case or matter shall be deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the Rules of Court or by the court itself.

(3) Upon the expiration of the corresponding period, a certification to this effect signed by the Chief Justice or the presiding judge shall forthwith be issued and a copy thereof attached to the record of the case or matter, and served upon the parties. The certification shall state why a decision or resolution has not been rendered or issued within said period.

(4) Despite the expiration of the applicable mandatory period, the court, without prejudice to such responsibility as may have been incurred in consequence thereof, shall decide or resolve the case or matter submitted thereto for determination, without further delay.

Section 16. The Supreme Court shall, within thirty days from the opening of each regular session of the Congress, submit to the President and the Congress an annual report on the operations and activities of the Judiciary.

ARTICLE XII
NATIONAL ECONOMY AND PATRIMONY

Section 1. The goals of the national economy are a more equitable distribution of opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and an expanding productivity as the key to raising the quality of life for all, especially the under-privileged.

The State shall promote industrialization and full employment based on sound agricultural development and agrarian reform, through industries that make full and efficient use of human and natural resources, and which are competitive in both domestic and foreign markets. However, the State shall protect Filipino enterprises against unfair foreign competition and trade practices.

In the pursuit of these goals, all sectors of the economy and all regions of the country shall be given optimum opportunity to develop. Private enterprises, including corporations, cooperatives, and similar collective organizations, shall be encouraged to broaden the base of their ownership.

Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. The State may directly undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least sixty per cent-um of whose capital is owned by such citizens. Such agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and under such terms and conditions as may be provided by law. In cases of water rights for irrigation, water supply fisheries, or industrial uses other than the development of water power, beneficial use may be the measure and limit of the grant.

The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.

The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fish- workers in rivers, lakes, bays, and lagoons.

The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country. In such agreements, the State shall promote the development and use of local scientific and technical resources.

The President shall notify the Congress of every contract entered into in accordance with this provision, within thirty days from its execution.

Section 3. Lands of the public domain are classified into agricultural, forest or timber, mineral lands and national parks. Agricultural lands of the public domain may be further classified by law according to the uses to which they may be devoted. Alienable lands of the public domain shall be limited to agricultural lands. Private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and not to exceed one thousand hectares in area. Citizens of the Philippines may lease not more than five hundred hectares, or acquire not more than twelve hectares thereof, by purchase, homestead, or grant.

Taking into account the requirements of conservation, ecology, and development, and subject to the requirements of agrarian reform, the Congress shall determine, by law, the size of lands of the public domain which may be acquired, developed, held, or leased and the conditions therefor.

Section 4. The Congress shall, as soon as possible, determine, by law, the specific limits of forest lands and national parks, marking clearly their boundaries on the ground. Thereafter, such forest lands and national parks shall be conserved and may not be increased nor diminished, except by law. The Congress shall provide for such period as it may determine, measures to prohibit logging in endangered forests and watershed areas.

Section 5. The State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being.

The Congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain.

Section 6. The use of property bears a social function, and all economic agents shall contribute to the common good. Individuals and private groups, including corporations, cooperatives, and similar collective organizations, shall have the right to own, establish, and operate economic enterprises, subject to the duty of the State to promote distributive justice and to intervene when the common good so demands.

Section 7. Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.

Section 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by law.

Section 9. The Congress may establish an independent economic and planning agency headed by the President, which shall, after consultations with the appropriate public agencies, various private sectors, and local government units, recommend to Congress, and implement continuing integrated and coordinated programs and policies for national development.

Until the Congress provides otherwise, the National Economic and Development Authority shall function as the independent planning agency of the government.

Section 10. The Congress shall, upon recommendation of the economic and planning agency, when the national interest dictates, reserve to citizens of the Philippines or to corporations or associations at least sixty per cent-um of whose capital is owned by such citizens, or such higher percentage as Congress may prescribe, certain areas of investments. The Congress shall enact measures that will encourage the formation and operation of enterprises whose capital is wholly owned by Filipinos.

In the grant of rights, privileges, and concessions covering the national economy and patrimony, the State shall give preference to qualified Filipinos.

The State shall regulate and exercise authority over foreign investments within its national jurisdiction and in accordance with its national goals and priorities.

Section 11. No franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except to citizens of the Philippines or to corporations or associations organized under the laws of the Philippines, at least sixty per cent-um of whose capital is owned by such citizens; nor shall such franchise, certificate, or authorization be exclusive in character or for a longer period than fifty years. Neither shall any such franchise or right be granted except under the condition that it shall be subject to amendment, alteration, or repeal by the Congress when the common good so requires. The State shall encourage equity participation in public utilities by the general public. The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in its capital, and all the executive and managing officers of such corporation or association must be citizens of the Philippines.

Section 12. The State shall promote the preferential use of Filipino labor, domestic materials and locally produced goods, and adopt measures that help make them competitive.

Section 13. The State shall pursue a trade policy that serves the general welfare and utilizes all forms and arrangements of exchange on the basis of equality and reciprocity.

Section 14. The sustained development of a reservoir of national talents consisting of Filipino scientists, entrepreneurs, professionals, managers, high-level technical manpower and skilled workers and craftsmen in all fields shall be promoted by the State. The State shall encourage appropriate technology and regulate its transfer for the national benefit.

The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law.

Section 15. The Congress shall create an agency to promote the viability and growth of cooperatives as instruments for social justice and economic development.

Section 16. The Congress shall not, except by general law, provide for the formation, organization, or regulation of private corporations. Government-owned or controlled corporations may be created or established by special charters in the interest of the common good and subject to the test of economic viability.

Section 17. In times of national emergency, when the public interest so requires, the State may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately-owned public utility or business affected with public interest.

Section 18. The State may, in the interest of national welfare or defense, establish and operate vital industries and, upon payment of just compensation, transfer to public ownership utilities and other private enterprises to be operated by the Government.

Section 19. The State shall regulate or prohibit monopolies when the public interest so requires. No combinations in restraint of trade or unfair competition shall be allowed.

Section 20. The Congress shall establish an independent central monetary authority, the members of whose governing board must be natural-born Filipino citizens, of known probity, integrity, and patriotism, the majority of whom shall come from the private sector. They shall also be subject to such other qualifications and disabilities as may be prescribed by law. The authority shall provide policy direction in the areas of money, banking, and credit. It shall have supervision over the operations of banks and exercise such regulatory powers as may be provided by law over the operations of finance companies and other institutions performing similar functions.

Until the Congress otherwise provides, the Central Bank of the Philippines operating under existing laws, shall function as the central monetary authority.

Section 21. Foreign loans may only be incurred in accordance with law and the regulation of the monetary authority. Information on foreign loans obtained or guaranteed by the Government shall be made available to the public.
Section 22. Acts which circumvent or negate any of the provisions of this Article shall be considered inimical to the national interest and subject to criminal and civil sanctions, as may be provided by law.

ARTICLE XVI
GENERAL PROVISIONS

Section 1. The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law.

Section 2. The Congress may, by law, adopt a new name for the country, a national anthem, or a national seal, which shall all be truly reflective and symbolic of the ideals, history, and traditions of the people. Such law shall take effect only upon its ratification by the people in a national referendum.

Section 3. The State may not be sued without its consent.

Section 4. The Armed Forces of the Philippines shall be composed of a citizen armed force which shall undergo military training and serve as may be provided by law. It shall keep a regular force necessary for the security of the State.

Section 5. (1) All members of the armed forces shall take an oath or affirmation to uphold and defend this Constitution.

(2) The State shall strengthen the patriotic spirit and nationalist consciousness of the military, and respect for people’s rights in the performance of their duty.

(3) Professionalism in the armed forces and adequate remuneration and benefits of its members shall be a prime concern of the State. The armed forces shall be insulated from partisan politics.

No member of the military shall engage, directly or indirectly, in any partisan political activity, except to vote.

(4) No member of the armed forces in the active service shall, at any time, be appointed or designated in any capacity to a civilian position in the Government, including government-owned or controlled corporations or any of their subsidiaries.

(5) Laws on retirement of military officers shall not allow extension of their service.cralaw

(6) The officers and men of the regular force of the armed forces shall be recruited proportionately from all provinces and cities as far as practicable.

(7) The tour of duty of the Chief of Staff of the armed forces shall not exceed three years. However, in times of war or other national emergency declared by the Congress, the President may extend such tour of duty.

Section 6. The State shall establish and maintain one police force, which shall be national in scope and civilian in character, to be administered and controlled by a national police commission. The authority of local executives over the police units in their jurisdiction shall be provided by law.

Section 7. The State shall provide immediate and adequate care, benefits, and other forms of assistance to war veterans and veterans of military campaigns, their surviving spouses and orphans. Funds shall be provided therefor and due consideration shall be given them in the disposition of agricultural lands of the public domain and, in appropriate cases, in the utilization of natural resources.

Section 8. The State shall, from time to time, review to increase the pensions and other benefits due to retirees of both the government and the private sectors.

Section 9. The State shall protect consumers from trade malpractices and from substandard or hazardous products.

Section 10. The State shall provide the policy environment for the full development of Filipino capability and the emergence of communication structures suitable to the needs and aspirations of the nation and the balanced flow of information into, out of, and across the country, in accordance with a policy that respects the freedom of speech and of the press.

Section 11. (1) The ownership and management of mass media shall be limited to citizens of the Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by such citizens.

The Congress shall regulate or prohibit monopolies in commercial mass media when the public interest so requires. No combinations in restraint of trade or unfair competition therein shall be allowed.

(2) The advertising industry is impressed with public interest, and shall be regulated by law for the protection of consumers and the promotion of the general welfare.

Only Filipino citizens or corporations or associations at least seventy per centum of the capital of which is owned by such citizens shall be allowed to engage in the advertising industry.

The participation of foreign investors in the governing body of entities in such industry shall be limited to their proportionate share in the capital thereof, and all the executive and managing officers of such entities must be citizens of the Philippines.

Section 12. The Congress may create a consultative body to advise the President on policies affecting indigenous cultural communities, the majority of the members of which shall come from such communities.

PRESIDENTIAL DECREE No. 1534

FURTHER AMENDING REPUBLIC ACT NO. 5527 AS AMENDED BY PRESIDENTIAL DECREE NO. 498 OTHERWISE KNOWN AS THE PHILIPPINE MEDICAL TECHNOLOGY ACT OF 1969

WHEREAS, Presidential Decree No. 498 amended certain sections of Republic Act No. 5527 otherwise known as the Philippine Medical Technology Act of 1969;

WHEREAS, in the implementation of said decree, certain sections thereof have been found to hamper or render ineffective certain functions and duties of the Department of Education and Culture and the Department of Health; and

WHEREAS, the aforesaid Decree contains provisions which prejudice the practice of anatomic and clinical pathology by qualified physicians thus negating one of the primary objectives of the original Medical Act of 1969;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree:

Section 1. Section 3 of Republic Act No. 5527 as amended by Presidential Decree No. 498 is hereby amended to read as follows:

“Sec. 3. Council of Medical Technology Education; Its Composition. There is hereby established a Council of Medical Technology Education hereafter referred to as the Council, which shall be composed of the Director of Higher Education as Chairman; the Chairman of the Professional Regulation Commission as Vice-Chairman; and the Director of the Bureau of Research and Laboratories of the Department of Health, the Chairman and two (2) members of the Board of Medical Technology, a representative of the Deans of Schools of Medical Technology and Public Health, and the Presidents of the Philippine Society of Pathologists and the Philippine Association of Medical Technologies, as members.”

Section 2. Paragraph 3, Section 8 of Republic Act No. 5527 as amended is hereby amended to read as follows;

“Sec. 8. Qualification of Examiners. No person shall be appointed as a member of the Medical Technology Board unless he or she: . . . is a qualified Pathologists, or a duly registered Medical Technologist, of the Philippines with the degree of Bachelor of Science in Medical Technology/Bachelor of Science in Hygiene/Public Health; . . . .”

Section 3. Sub-paragraphs (g) and (i) of Section 11 of Republic Act No. 5527 as amended are hereby repealed.

Section 4. Section 13 of Republic Act No. 5527 as amended, is hereby further amended to read as follows:

“Sec. 13. Accreditation of Schools of Medical Technology and of Training Laboratories. The Department of Education and Culture shall approve schools of Medical Technology in accordance with the provisions of this Act, as amended, in conjunction with the Board of Medical Technology. The Department of Health through the Bureau of Research and Laboratories shall approve laboratories for accreditation as training laboratories for medical technology students or post-graduate trainees in conjunction with the Board of Medical Technology. The laboratories shall show satisfactory evidence that they possess qualified personnel and are properly equipped to carry out laboratory procedures commonly required in the following fields: Clinical Chemistry, Microbiology, Serology, Parasitology, Hematology, Blood Banking, Clinical Microscopy, and Histopathologic techniques, and that the scope of activities of said laboratories offer sufficient training in said laboratory procedures.”

Section 5. Section 12 of Presidential Decree No. 498 is hereby amended to read as follows:

“Sec. 12. Repealing Clause. All those Executive Order, Decrees, Rules and Regulations, or parts thereof inconsistent with the provisions of this Decree are hereby repealed, amended or modified accordingly: Provided, however, That nothing in this Decree shall be construed as repealing or amending any portion of the Medical Act of 1959 (Republic Act No. 2382, as amended by Republic Act No. 4224), and the Clinical Laboratory Act of 1966 (Republic Act No. 4688), and the Blood Banking Law of 1956 (Republic Act No. 1517), and the Rules and Regulations issued pursuant to these laws.”

Section 6. This Decree shall take effect immediately.

Done in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen hundred and seventy-eight.

PRESIDENTIAL DECREE No. 449 May 9, 1974

COCKFIGHTING LAW OF 1974

WHEREAS, cockfighting has been and still is a popular, traditional and customary form of recreation and entertainment among Filipinos during legal holidays, local fiestas, agricultural, commercial and industrial fairs, carnivals or expositions;

WHEREAS, by reason of the aforestated meaning and connotation of cockfighting in relation to filipino customs and traditions, it should neither be exploited as an object of commercialism or business enterprise, nor made a tool of uncontrolled gambling, but more as a vehicle for the preservation and perpetuation of native Filipino heritage and thereby enhance our national identity.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order to be part of the laws of the land, the following:

Sec 1. Title. This Decree shall be known as the “Cockfighting Law of 1974″.

Section 2. Scope. This law shall govern the establishment, operation, maintenance and ownership of cockpits.

Section 3. Declaration of Policy. It is hereby declared a policy of the government to insure within the framework of the New Society maximum development and promotion of wholesome recreation and amusement to bring about the following goals:

(a) To effectively control and regulate cockfighting towards its establishment as a national recreation, relaxation and source of entertainment;

(b) To provide additional revenue for our tourism program; and

(c) To remove and prevent excessive and unreasonable business operation and profit considerations in the management of cockpits and, instead preserve Philippine customs and traditions and thereby enhance our national identity.

Section 4. Definition of Terms. As used in this law, the following terms shall be understood, applied and construed as follows:

(a) Cockfighting shall embrace and mean the commonly known game or term “cockfighting derby, pintakasi or tupada”, or its equivalent terms in different Philippine localities.

(b) Zoning Law or Ordinance Either both national or local city or municipal legislation which logically arranges, prescribes, defines and apportions a given political subdivision into specific land uses as present and future projection of needs warrant.

(c) Bet Taker of Promoter A person who calls and takes care of bets from owners of both gamecocks and those of other bettors before he orders commencement of the cockfight and thereafter distributes won bets to the winners after deducting a certain commission.

(d) Gaffer (Taga Tari) A person knowledgeable in the art of arming fighting cocks with gaff or gaffs on either or both legs.

(e) Referee (Sentenciador) A person who watches and oversees the proper gaffing of fighting cocks, determines the physical condition of fighting cocks while cockfighting is in progress, the injuries sustained by the cocks and their capability to continue fighting and decides and make known his decision by work or gestures and result of the cockfight by announcing the winner or declaring a tie or no contest game.

(f) Bettor A person who participates in cockfights and with the use of money or other things of value, bets with other bettors or through the bet taker or promoter and wins or loses his bet depending upon the result of the cockfight as announced by the Referee or Sentenciador. He may be the owner of fighting cock.

Section 5. Cockpits and Cockfighting: In General:

(a) Ownership, Operation and Management of Cockpits. Only Filipino citizens not otherwise inhibited by existing laws shall be allowed to own, manage and operate cockpits. Cooperative capitalization is encouraged.

(b) Establishment of Cockpits. Only one cockpit shall be allowed in each city or municipality, except that in cities or municipalities with a population of over one hundred thousand, two cockpits may be established, maintained and operated.

(c) Cockpits Site and Construction. Cockpits shall be constructed and operated within the appropriate areas as prescribed in Zoning Law or Ordinance. In the absence of such law or ordinance, the local executives shall see to it that no cockpits are constructed within or near existing residential or commercial areas, hospitals, school buildings, churches or other public buildings. Owners, lessees, or operators of cockpits which are now in existence and do not conform to this requirement are given three years from the date of effectivity of this Decree to comply herewith. Approval or issuance of building permits for the construction of cockpits shall be made by the city or provincial engineer in accordance with their respective building codes, ordinances or engineering laws and practices.

(d) Holding of Cockfights. Except as provided in this Decree, cockfighting shall be allowed only in licensed cockpits during Sundays and legal holidays and during local fiestas for not more than three days. It may also be held during provincial, city or municipal, agricultural, commercial or industrial fair, carnival or exposition for a similar period of three days upon resolution of the province, city or municipality where such fair, carnival or exposition is to be held, subject to the approval of the Chief of Constabulary or his authorized representative: Provided, that, no cockfighting on the occasion of such fair, carnival or exposition shall be allowed within the month of a local fiesta or for more than two occasions a year in the same city or municipality: Provided, further, that no cockfighting shall be held on December 30 (Rizal Day), June 12 (Philippine Independence Day) November 30 (National Heroes Day), Holy Thursday, Good Friday, Election or Referendum Day and during Registration Days for such election or referendum.

(e) Cockfighting for Entertainment of Tourists or for Charitable Purposes. Subject to the preceding subsection hereof, the Chief Constabulary or his authorized representative may also allow the holding of cockfighting for the entertainment of foreign dignitaries or for tourists, or for returning Filipinos, commonly known as “Balikbayan”, or for the support of national fund-raising campaigns for charitable purposes as may be authorized by the Office of the President, upon resolution of a provincial board, city or municipal council, in licensed cockpits or in playgrounds or parks: Provided, that this privilege shall be extended for only one time, for a period not exceeding three days, within a year to a province, city, or municipality.

(f) Other games during cockfights prescribed. No gambling of any kind shall be permitted on the premises of the cockpit or place of cockfighting during cockfights. The owner, manager or lessee off such cockpit and the violators of this injunction shall be criminally liable under Section 8 hereof.

Section 6. Licensing of Cockpits. City and municipal mayors are authorized to issue licenses for the operation and maintenance of cockpits subject to the approval of the Chief of Constabulary or his authorized representatives. For this purpose, ordinances may be promulgated for the imposition and collection of taxes and fees not exceeding the rates fixed under Section 13, paragraphs (a) and (b); and 19; paragraph (g) 16 of Presidential Decree No. 231, dated June 28, 1973, otherwise known as the Local Tax Code, as amended.

Section 7. Cockfighting Officials. Gaffers, referees or bet takers or promoters shall not act as such in any cockfight herein authorized, without first securing a license renewable every year on their birth-month from the city or municipality where such cockfighting is held. Cities and municipalities may charge a tax of not more than twenty pesos. Only licensed gaffers, referees, bet takers or promoters shall officiate in all kinds of cockfighting authorized in this Decree.

Section 8. Penal Provisions. Any violation of the provisions of this Decree and of the rules and regulations promulgated by the Chief of Constabulary pursuant thereto shall be punished as follows:

a. By prison correctional in its maximum period and a fine of two thousand pesos, with subsidiary imprisonment in case of insolvency, when the offender is the financer, owner, manger or operator of cockpit, or the gaffer, referee or bet taker in cockfights; or the offender is guilty of allowing, promoting or participating in any other kind of gambling in the premises of cockfights during cockfights.

b. By prison correctional or a fine of not less than six hundred pesos nor more than two thousand pesos or both, such imprisonment and fine at the discretion of the court, with subsidiary imprisonment in case of insolvency, in case of any other offender.

Section 9. Repealing Clause. The provisions of Section 2285 and 2286 of the Revised Penal Code, Republic Act No. 946, all laws, decrees, rules and regulations, or orders which are inconsistent with this Decree are hereby repealed or modified accordingly.

Section 10. Date of Effectivity. This Decree shall take effect after fifteen (15) days following the completion of the publication in the Official Gazette.

Done in the City of Manila, this 9th day of May, in the year of Our Lord, nineteen hundred and seventy-four.

PRESIDENTIAL DECREE No. 498 June 28, 1974

AMENDING SECTIONS TWO, THREE, FOUR, SEVEN, EIGHT, ELEVEN, THIRTEEN, SIXTEEN, SEVENTEEN, TWENTY-ONE AND TWENTY-NINE OF REPUBLIC ACT NO. 5527, ALSO KNOWN AS THE PHILIPPINE MEDICAL TECHNOLOGY ACT OF 1969

WHEREAS, Republic Act No. 5527, An Act Requiring the Registration of Medical Technologists, Defining Their Practice, And For Other Purpose took effect on June 21, 1969;

WHEREAS, in the implementation of said Act, some provisions were found to be prejudicial to the interests of some medical technology practitioners who would otherwise qualify for registration as medical technologist without examination; and

WHEREAS, it was likewise found that some provisions were inadequate to meet the primary objectives of maintaining the high standard of the medical technology profession, hence, there is an imperative need to correct these deficiencies of the said Act.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution as Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081 dated September 21, 1972, as amended, do hereby order and decree:

Section 1. Subsections (a) and (d) of Section 2 of Republic Act No. 5527 are hereby amended to read as follows:

“Sec. 2. Definition of Terms. As used in this Act, the following terms shall mean:

(a) Practice of Medical Technology. A person shall be deemed to be in the practice of medical technology within the meaning of this Act, who shall for a fee, salary or other compensation or reward paid or given directly or indirectly through another, renders any of the following professional services for the purpose of aiding the physician in the diagnosis, study and treatment of diseases and in the promotion of health in general:

1. Examination of tissues, secretions and excretions of the human body and body fluids by various electronic, chemical, miscroscopic, bacteriologic, hematologic, serologic, immunologic, nuclear, and other laboratory procedures and techniques either manual or automated:

2. Blood banking procedures and techniques;

3. Parasitologic, Mycologic and Microbiologic procedures and techniques;

4. Histopatholgic and Cytotechnology; provided that nothing in this paragraph shall inhibit a duly registered medical laboratory technician from performing histopathologic techniques and procedures.

5. Clinical research involving patients or human beings requiring the use of and/or application of medical technology knowledge and procedures;

6. Preparations and standardization of reagents, standards, stains and others, provided such reagents, standards, stains and others are exclusively for the use of their laboratory;

7. Clinical laboratory quality control;

8. Collection and preservation of specimens,

Provided, that any person who shall passed the corresponding Board examination for the practice of a profession already regulated by existing laws, shall not be subject to the provisions of at last four (4) preceding paragraphs if the performance of such acts or services is merely incidental to his profession.

(d) Medical Laboratory Technicians. A person certified and registered with the Board as qualified to assist a medical technologist and/or qualified pathologist in the practice of medical technology as defined in this Act.”

Section 2. Section 3 of the same Act is hereby amended and now to read as follows:

“Sec. 3. Council of Medical Technology Education, Its Composition. There is hereby established a Council of Medical Technology Education, hereafter referred to as Council, which shall be composed of the Commissioner of the Professional Regulation Commission as Chairman, the Chairman of the Board of Medical Technology as Vice-Chairman, and the two (2) members of the Board of Medical Technology, and the Director of Private Education or its duly authorized representative, the Director of the Bureau of Research and Laboratories of the Department of Health, and a representative of the deans or heads of the private schools of medical technology, as members.”

Section 3. Section of the same Act is hereby amended to read as follows:

“Sec. 4. Compensation and Traveling Expenses of Council Members. For every meeting actually attended, the Chairman shall be entitled to a fifty pesos (P50.00) per diem while the members shall be entitled to twenty-five pesos (P25.00) each regardless of whether or not they receive regular salaries from the government. In addition, the Chairman and members of the Council shall be entitled to traveling expenses in connection with their official duties.”

Section 4. Section 7 of the same Act is hereby amended to read as follows:

“Sec. 7. Medical Technology Board. There is hereby created a Medical Technology Board under the Professional Regulation Commission, which shall thereafter be referred to as the Board composed of a Chairman who is a pathologist, and two (2) members who are registered medical technologists who shall be appointed by the President of the Republic of the Philippines upon recommendation of the Professional Regulation Commission. The Chairman and members of the Board shall hold office for three (3) years after appointment or until their successors shall have been appointed and duly qualified: Provided, That the incumbent members will continue to serve until the expiration of their terms.

In case of death, disability, or removal of a member of the Board, his successor shall serve only the balance of his terms.”

Section 5. Paragraph 3 and 5 of Section 8 of the same Act are hereby amended to read as follows:

“Sec. 8. Qualification of Examiners. No person shall be appointed a member of the Medical Technology Board unless he or she:

1) . . .

2) . . .

3) is a duly registered medical technologist of the Philippines with the degree of Bachelor of Science in Medical Technology/Bachelor of Science in Hygiene/Public Health;

4) . . .

5) is not a member of the faculty of any medical technology school for at least two (2) years prior to appointment or having any pecuniary interest direct or indirect in such institution.”

Section 6. Subsection (c) of Section 11 of the same Act is hereby amended and subparagraphs (g), (h) and (l) are hereby added to read as follows:

“Sec. 11. . . .

(c) Issue, suspend and revoke certificates of registration for the practice of medical technology and medical laboratory technician;

(g) To determine the adequacy of the technical staff of all clinical laboratories and blood banks before they could be licensed with the Department of Health in accordance with R.A. No. 4655 and 1517;

(h) To prescribe the qualification and training of medical technologist as to special fields of the profession and supervise their specialty examination conducted by the professional organization of medical technologists accredited by the Professional Regulation Commission;

(i) To classify and prescribe the qualification and training of the technical staff of clinical laboratories as to: Chief Medical Technologist; Senior Medical Technologist; Medical Technologist and Medical Laboratory Technician.”

Section 7. Section 13 of the same Act is hereby amended to read as follows:

“Sec. 13. Accreditation of Schools of Medical Technology and of Training Laboratories. Upon the recommendation of the Medical Technology Board, the Department of Education and Culture shall approve schools of medical technology in accordance with the provisions of this Decree. The Professional Regulation Commission upon recommendation of the Medical Technology Board shall approve laboratories for accreditations as training laboratories for medical technology students or post graduate trainees upon satisfactory evidence that said laboratories possess qualified personnel and are properly equipped to carry out laboratory procedures commonly required in the following fields: bacteriology, serology, parasitology, hematology, biochemistry and blood banking, and that the scope of activities of said laboratory offer sufficient training in said laboratory procedure.”

Section 8. Subparagraph (b) of Section 16 is hereby amended to read as follows:

“Sec. 16. . . .

(b) Has completed a course of at least four (4) years leading to the degree of Bachelor of Science in Medical Technology or Bachelor of Science in Public Health conferred by a recognized school, college or university in accordance with this Decree or having graduated from some other profession and has been actually performing medical technology for the last five (5) years prior to the date of the examinations, if such performance began prior to June 21, 1969.”

Section 9. Section 17 of the same Act is hereby amended to read as follows:

“Sec. 17. Scope of examination. The examination questions shall cover the following subjects with their respective relative weights:

Clinical Chemistry    20%
Microbiology & Parasitology    20%
Hematology    20%
Blood Banking & Serology    20%
Clinical Microscopy (Urinalysis and other body fluids)    10%
Histopathologic Techniques, Cytotechnology, Medical Technology Laws, Related Laws and its implementing rules, and the Code of Ethics    10%

The Board shall prepare the schedule of subjects for examination and to submit the same to the Commissioner of the Professional Regulation Commission for publication at least thirty (30) days before the date of examination. The Board shall compute the general average of each examinee according to the above-mentioned relative weights of each subject. Provided, however, that the Board may change, add to or remove from the list of subjects or weights above as progress in the science of Medical Technology may require, subject to the prior approval of the Professional Regulation Commission, and publication of the change or amendment at least three (3) months prior to the date of examination in which the same is to take effect.”

Section 10. Section 21 of the same Act is hereby amended to read as follows:

“Sec. 21. Issuance of Certificate of Registration. Every applicant who has satisfactorily passed the required examination for medical technologist shall be issued a certificate of registration as such. Provided that no such certificate shall be issued to any successful applicant who has not attained the age of twenty-one (21) years. All certificate shall be signed by the members of the Board and by the Commissioner of the Professional Regulation Commission. The duly registered medical technologist shall be required to display his certificate of registration in the place where he works. Provided, that upon application filed and the payment of the required fee of one hundred and fifteen pesos (P115.00) the Board shall issue a certificate of registration as medical technologist without examination to persons who have been graduated with Bachelor of Science in Medical Technology/Bachelor of Science in Public Health in duly recognized schools of medical technology in the Philippines or in any foreign country, provided, that in case of the latter, the standard of medical technology education is substantially the same as ours, and in addition shall have been in the practice of medical technology for at least three (3) years prior to the filing of the application in laboratories in the Philippines duly accredited by the Bureau of Research and Laboratories, Department of Health, or in foreign countries if such performance began prior to June 21, 1969 and also to all other persons who having graduated from other professions have been actually performing medical technology practice for the last eight (8) years prior to filing of the application, Provided, that such performance began prior to June 21, 1969.

Provided, further, that the Board shall likewise issue a certificate of registration as medical laboratory technician without examination to any person who upon application and payment of the required fee of fifty pesos (P50.00) show evidence satisfactory to the Board that:

1. He or she passed the civil service examination for medical technician on March 21, 1964; or

2. Has finished a two-year college course and has at least one (1) year of experience as medical laboratory technician, provided, that for every year of deficiency in college attainment two (2) years of experience may be substituted; Provided, further, that an applicant who has at least ten (10) years experience as medical laboratory technician as of the date of approval of this Decree regardless of his academic attainment may qualify for registration without examination; or

3. Has failed to pass the board examination for medical technology but had obtained a general rating of at least 70%. Provided, finally, that a registered medical laboratory technician when employed in the government shall have the equivalent civil service eligibility not lower than second grade.”

Section 11. Section 29 subparagraph (j) of the same Act is hereby amended to read as follows:

“(j) Any person or corporate body who shall allow anyone in his employ who is not a registered medical technologist/medical laboratory technician to engage in the practice of medical technology or recommend for appointment anyone to the position of medical technologist/medical laboratory technician knowing that he is not registered as such.”

Section 12. Repealing Clause. All laws, executive orders, decrees, rules and regulations or parts thereof, inconsistent with the provisions of this Decree are hereby repealed, amended or modified accordingly.

Section 13. This Decree shall take effect immediately.

Done in the City of Manila, this 28th day of June, in the year of Our Lord, nineteen hundred and seventy-four.

PRESIDENTIAL DECREE No. 1536

REGULATING THE PRACTICE OF THE METALLURGICAL ENGINEERING PROFESSION IN THE PHILIPPINES AND PROVIDING FOR THE LICENSING AND REGISTRATION OF METALLURGICAL ENGINEERS

WHEREAS while other profession are protected from the influx of foreign practitioners, metallurgical engineers have been left to complete on their own ways with foreign metallurgical engineers and non-metallurgical engineers practicing tasks;

WHEREAS, there is a need to regulate the practice of the metallurgical engineering profession in the country and to protect the metal industry from unscrupulous practitioners; and

WHEREAS, in order to give justice to them men who have pioneered in this profession to enhance the development of our metal industry, it is now high time for the government which will be responsible for the promotion, development and implementation of the rules and regulations of the discipline in order to sustain the need of one of the fastest growing industries in the Philippines, today, the metal industry;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby order and Decree:

ARTICLE I

Section 1. Title of Decree This Decree shall be known as the “Metallurgical Engineering Law of the Philippines.”

Section 2. Creation and Composition of the Board Within thirty days and effectivity of this Decree, there shall be created a Board of Metallurgical Engineering, hereinafter referred to as the “Board”, to be composed of three members, all of whom shall be appointed by the President of the Philippines upon recommendation of the Professional Regulation Commission from among those organizations involved in minerals and metals processing or studies. One of the appointed members of the Board shall be designated as Chairman.

Section 3. Powers Vested in the Board The Board is hereby empowered to administer oaths; to issue, suspend and revoke certificates of registration for the practice of metallurgical engineering; to investigate violations of this Decree and for this purpose it may, under the hand of its chairman and seal of the Board, subpoena witnesses and compel their attendance; to inspect metallurgical plants; to look into the conditions affecting the teaching and practice of metallurgical engineering in the Philippines; to recommend the adoption of such rules and regulations and other measures as may be deemed proper for the enforcement of this Decree; and to discharge such other duties as the Board may deem necessary for the maintenance of ethical and technical standards of the metallurgical profession.

Section 4. Qualifications of Board Members Each members of the Board shall at the time of his appointment:

(1) Be a citizen of the Philippines;

(2) Be a holder of at least the degree of Bachelor of Science in Metallurgical Engineering of Metallurgy with at least five years experience in metallurgical practice as defined in Section 12 of this Decree after graduation, or a holder of the degree of Doctor of Science of Philosophy in Metallurgical or Mineral Engineering or Metallurgy with at least two years experience in metallurgical work;

(3) Be registered and legally qualified to practice metallurgical engineers in the Philippines, except for the members of the first Board who shall automatically be registered under the provisions of this Decree; and

(4) Not be a member of the faculty of any school, college or university, where degrees in metallurgy, metallurgical engineering or mining engineering are granted, nor has pecuniary interests in such institution at least two years before his appointment as members of the Board.

(5) Must be recommended by a bona fide professional mineral or metal organization of the Philippines.

Section 5. Term of Office The members of the Board shall hold office for a term of three years after their appointment or until their successors shall have been appointed and duly qualified. The members of the first Board appointed under this Decree shall hold office for the following: One member, (who shall be the Chairman of the Board) for one year, one member for two years and one member for three years. The Chairmanship of his last tenure year as member of the Board. In case of death, incapacity or removal for cause of any member, a new member shall be appointed by the President of the Philippines, and shall serve the unexpired portion of the term of his predecessor.

Section 6. Executive Office and Secretary of the Board The Professional Regulation Commission shall designate an executive officer of the Board who shall conduct the examination given by it. The Secretary of the Professional Regulation Commission shall also be the Secretary of the Board. All records and minutes of the deliberation of the Board, including examination papers, shall be kept by the Professional Regulation Commission under the direct custody of the Secretary.

Section 7. Removal of Board Members The President may remove any members of the Board for continued neglect of duty or incompetency, or for unethical or immoral conduct, after having given the member concerned an opportunity to defend himself in a proper administrative investigation.

Section 8. Compensation of the Board The members of the Board shall receive compensation at the current rate of the other Boards of Engineering. A member of the Board who is, at the same time, a government employee shall receive the compensation herein provided in addition to his salary. All fees shall be received by the Professional Regulation Commission which shall pay all authorized compensations and expenditures of the Board.

Section 9. Rules and Regulations The Board may, subject to the approval of the Professional Regulation Commission, adopt such rules and regulations as may be necessary to carry out the provisions of this Decree.

Section 10. Submission of Annual Report The Board shall submit an annual report to the President of the Philippines through the Commissioner of the Professional Regulation Commission after the close of each calendar year, giving a detailed account of its proceedings during the year and making such recommendation as it may deem proper.

ARTICLE II
REGISTRATION AND EXAMINATION

Section 11. Inhibition from practicing the Metallurgical Engineering Profession Unless exempt from registration, no person shall practice or offer to practice metallurgy or metallurgical engineering in the Philippines as defined in this Decree, without having previously obtained a certificate of registration as Metallurgical Engineering from the Board of Metallurgical Engineering created under this Decree; and in the case of foreigners, unless the country of which he is a citizen permits Filipino metallurgical engineers to practice their profession within their territorial limits.

Section 12. Definition of Terms (a) A person shall be deemed to be practicing metallurgical engineering within the meaning and intent of this Decree who shall, for a fee, salary or other reward or compensation, paid to him or through another person, or even without such reward or compensation, render or offer to render professional service in metallurgy or metallurgical engineering in the form of consultation, investigation, valuation, planning, designing or supervision of operation.

(b) The term metallurgy or metallurgical engineering as used in this Decree, shall mean the teaching and practice of the science and technology of preparing minerals and metals from ores by separating them from mechanical mixture and chemical combination and/or finally processing them for use. Metallurgy or metallurgical engineering embraces:

1. Mineral Processing and Extractive Metallurgy the scientific, engineering and economic aspects of the preparation, separation, extraction and purification of ores, metals and mineral products by physical and chemical processes such as roasting, and smelting, hydro-metallurgical processes such leaching, electro-metallurgical processes such as electric smelting and electrolysis other similar processes.

2. Physical Metallurgy processes specifically relating to the control of microstructure of metals and its alloys such as heat treatment and surface hardening; quality control in allowing operations to meet specification of metal allows; and metallographic studies. These apply to powder, mechanical, nuclear and vacuum metallurgy.

3. Fuel Technology fuel preparation processes such as washing, flotation, heavy media separation including carbonization, gasification and cooking operations.

Section 13. Exemption from Registration shall not be required of the following classes of persons upon proper application for exemption with the Board of Metallurgical Engineering:

(a) Foreign consultants, engineers and technicians called in by the Republic of the Philippines for consultation or for specific assignment or project.

(b) Foreign consultants, engineers and technicians employed by private firms for which the pertinent professional society certifies that no qualified Filipino is available, in which case the Board may, in its discretion, allow then to practice without registration: Provided, That the private firm shows justification for the need of said consultants, engineers and technicians to the satisfaction of the Board: Provided, further, That the period of employment shall be for one (1) year extendable for another year but not to exceed three (3) years for any one individual.

Employment of foreigners under paragraphs (a) and (b) of this section shall be subject to the following conditions:

1. That the applicant is of good reputation and moral character;

2. That the applicant’s curriculum vitae and detailed description of his assignment shall be submitted to the Board together with his application for exemption;

3. That the applicant will not engage in private practice on his own account;

4. That for every applicant one Filipino understudy who is registered under the provisions of this Decree shall be employed by the private firm utilizing the services of such applicants for at least the duration of the foreign expert’s tenure with said firm; and

5. That the applicant is legally qualified to practice his profession in his own state or country and that the country of which he is a citizen or subject permits Filipino metallurgical engineers and metallurgists to practice their profession within its territorial limits.

(c) Engineering students, apprentices and other persons employed or acting as subordinates of/or undergoing training under a person holding a valid certificate of registration under this Decree.

Section 14. Examination Required Except as otherwise specifically allowed under the provisions of this Decree, all applicants for registration for the practice of metallurgical engineering shall be required to undergo an examination as provided for in this Decree.

Section 15. Qualification for Examination In order to be admitted to the metallurgical engineering examination, an applicant shall establish to the satisfaction of the Board that:

(1) He is a citizen of the Philippines or if a foreigner, his country must accord reciprocity with the Philippines;

(2) He is at least twenty-one years of age;

(3) He is a good reputation and moral character; and

(4) He is graduated from school, college, university or institute recognized by the government with the least:

(a) Bachelor of Science in Metallurgical Engineering or Metallurgy or its equivalent, the course for which covers not less than the total number of credit units equivalent to the regular course in metallurgical engineering; or

(b) Bachelor in Science in Mining Engineering or Chemical Engineering and in addition has had at least five years experience in any or all of metallurgical engineering practice as defined in Section 12 of this Decree; or

(c) Bachelor of Science in any other engineering disciplines and in addition has had at least 10 years experience in any or all of the metallurgy or metallurgical engineering practice as defined in Section 12 of this Decree: Provided, That the said experience is certified by the applicant’s employer and approved by the Board: Provided, further, That said other engineering professions shall give the same privilege to graduate of metallurgy or metallurgical engineering.

Section 16. Exemption from Examination A person may be registered as metallurgical engineer and given a license to practice as metallurgical engineer without examination, who, on the date of approval of this Decree:

(a) Had graduated from a school, college or university recognized by the government with a degree of Bachelor of Science in Metallurgy or Metallurgical Engineering, and has had at least five (5) years experience in any or all of the metallurgical practice as defined in Section 12 of this Decree after graduation; or

(b) Had graduated with a degree of Master of Science in Metallurgy or Metallurgical Engineering or its equivalent and has had at least two (2) years experience in any or all of the metallurgical practice as defined in Section 12 of this Decree; or

(c) Had graduated with a degree of Doctor or Philosophy in Metallurgy, Metallurgical Engineering or Doctor of Science in Metallurgy, Metallurgical Engineering; or

(d) Had graduated from a school, college, universities or institute recognized by the government with a Bachelor of Science in Mining or Chemical Engineering; and has had at least ten (10) years experience in any metallurgical practice as defined in Section 12 of this Decree after his graduation; or

(e) Had graduated with a degree of Bachelor of Science in any other engineering discipline and in addition has had at least 15 years experience in any metallurgical practice as defined in Section 12 of this Decree after his graduation; or

(f) Are foreign metallurgists or metallurgical engineers, who had been in the actual and bonafide practice or metallurgy or metallurgical engineering for at least five consecutive years in the Philippines as approved by the Board; Provided, That no foreign metallurgical engineer or metallurgist shall be allowed to practice his profession in the Philippines unless the country of which he is citizen or subject permits Filipino metallurgical engineers or metallurgists to practice their profession within its territorial limits; and Provided, further, That the required experience mentioned above is certified by the applicant’s employer and approved by the Board.

All applicants for exemption from examination shall submit to the Board of Metallurgical Engineering the following:

1. Diploma or transcript of records of Board Registration Certificate Number.

2. A metallurgical engineering report which shall serve as a basis whether applicant, in the opinion of the Board, deserves exemption from examination.

All applications for registration without examination shall be filed within two (2) years from the date of effectivity of this Decree, except for those who graduated with a Doctorate degree who may apply at anytime.

Section 17. Qualification of Applicants for Metallurgical Plant Foreman Any person applying for a certificate of registration without examination as Metallurgical Plant Foreman, shall, prior to his admission for certification, establish to the satisfaction of the Board that:

1. He is a citizen of the Philippines;

2. He is of good reputation and moral character;

3. He has at least ten years experience in any metallurgical works as defined in Section 12 of this Decree and as certified applicant’s present employer.

The Board shall, subject to the approval of the Professional Regulation Commission, adopt such rules and regulations as may be necessary to classify metallurgical foremen to such metallurgical plants as concentrators, foundries, smelters, refineries and any other specific classifications as may be found necessary.

Section 18. Date and Scope of Examination Examinations for the practice of Metallurgical Engineering in the Philippines shall be given on the second Monday of February and August of each year. Unless modified by the Board and approved by the Commission, the examination shall cover questions relating to:

1. Mineral Processing, Physical Metallurgy, Assaying and Chemistry;

2. Extractive and Applied Metallurgy;

3. Fuel Technology, Foundry, and Refractory Science;

4. Engineering Management, Law and Ethics;

5. Applied Mathematics and Mechanics and any other pertinent subjects as the Board may deem necessary to test the applicant’s ability and knowledge to insure safety, economy and proficiency in the design, construction, installation maintenance, operation, organization and management of metallurgical plants: Provided, That the relative weight of 1 and 2 subjects shall not be less than thirty per cent each.

Section 19. Report of Rating The Board of Metallurgical Engineering shall, within ninety days after the examination, report and ratings obtained by each candidate to the Commissioner of the Professional Regulation Commission.

Section 20. Issuance of Certificate The Board of Metallurgical Engineers shall issue certificates of registration to:

a. Examinees who have successfully passed the board examinations for metallurgical engineers and have complied with the requirements of the rules and regulations prescribed by the Board;

b. Persons who have applied for registration without examination and who possess the qualifications listed in Section 16 of this Decree, and have complied with the requirements of the rules and regulations prescribed by the Board; and

c. Applicants for Metallurgical Plant Foreman as approved by the Board.

All certificates of registration shall state the full name of the registrant, shall have a serial number and shall be signed by all members of the Board, the Commissioner of PRC, and shall be attested to by the Official seal of the Board: Provided, That the issuance of certificate of registration by the Board to a registrant shall be evidence that the person named therein is entitled to all rights and privileges of a Registered Metallurgical Engineer or Metallurgical Plant Foreman while said certificate remains unrevoked or unsuspended.

Section 21. Fees for Examination and Registration Every applicant for the Metallurgical Engineer licensure examination shall pay one hundred and fifty pesos as examination fee; one hundred pesos as registration fee for every registrant after passing the examination; and ten pesos as annual registration fee.

Registrants without examination shall pay one hundred and fifty pesos plus the registration fees herein prescribed.

Section 22. Reprimand, Suspension and Revocation of Certificate The Board shall have the power to reprimand any registrant, or suspend or revoke his certificate of registration for any cause specified in this section, or for the use or perpetuation of any fraud or deceit in obtaining said certificate, or for gross negligence or incompetency, or for unprofessional, dishonorable or immoral conduct, after giving him proper notice and hearing.

It shall be sufficient for the revocation of a certificate issued under this Decree that he has:

1. Signed any metallurgical report, design, or work not prepared by him nor executed his direct and immediate supervision; or

2. Represented himself as having taken charge of, undertaken or supervised the metallurgical work in an area or of project without actually having done so.

Any person or persons, firm, associates or corporation may file charges in accordance with the provisions of this Section against registrant or the Board itself may motu proprio investigate the take cognizance of acts and practices constituting sufficient cause or suspension or revocation of the certificate of registration by proper order or resolution. Such charges shall be in writing and shall be sworn to by the person making them and filed with the Secretary of the Board.

Section 23. Reissue of Revoked Certificates and Replacement of Lost Certificates The Board may, after the expiration of one (1) year from the date of revocation of a certificate of registration for reasons it may be deem sufficient, entertain an application for a new certificate of registration from a person whose certificate has been revoked, in the same manner as application for an original certificate and in doing so it may, in its discretion, exempt the applicant from the necessity of undergoing another examination. Issuance of certificate of registration to replace any certificate lost, destroyed or mutilated shall be subject to the rules of the Board and a charge at current rate shall be made for such issuance.

ARTICLE III
SUNDRY PROVISIONS RELATIVE TO THEPRACTICE OF METALLURGICAL ENGINEERING

Section 24. Prohibited in the Practice of Metallurgical Engineering A person who shall practice metallurgical engineering in the Philippines as defined, without a certificate of registration issued in accordance with the provisions of this Decree, or without having been declared exempt, or any person presenting or using as his own a certificate or registration of another, or any person who shall give any false or forged evidence, or any person who shall give any false or forged evidence, or any person who shall impersonate any registrant of like or different name, or any person who shall use a revoked or suspended certificate of registration, or any person who shall assume, use or advertise any title or description tending to convey the impression that he is a metallurgist or metallurgical engineer or is engaged in metallurgical work without holding a valid certificate of registration from the Board, or any person who shall commit misdemeanor, shall upon conviction, be sentenced to a fine of not less than three thousand pesos nor more than five thousand pesos, or to suffer imprisonment for a period of not less than one month nor more than six months, or both, in the discretion of the court.

Section 25. Practice of Firms and Corporations A firm, co-partnership, company, corporation or association can practice metallurgical engineering in the Philippines provided that such practice is carried out by metallurgical engineers holding valid certificates of registration issued by the Board and in the regular employ of said firm, co-partnership, company, corporation or association.

Section 26. Posting of Certificates Registered metallurgical engineers shall post or cause to be posted in a conspicuous place within his office or place of business his certificate of registration as metallurgical engineer; he shall present the same upon demand of members of the Board, or law-enforcing officers of the national, provincial, city, or municipal governments.

Section 27. Roster of Metallurgical Engineers A roster showing the names and places of business of all registered metallurgical engineers shall be prepared by the Secretary of the Board annually, commencing one year from the date this Decree becomes effective. Copies of this roster may be released to any government agency or to the public upon request.

ARTICLE IV
FINAL PROVISIONS

Section 28. Appropriation The sum of ten thousand pesos, not otherwise appropriated, is hereby authorized to be appropriated to be disbursed by the Professional Regulation Commission in accordance with the provisions of this Decree. All sums collected in accordance with this Decree shall be paid into the National Treasury as part of the general funds thereof: Provided, That during the first twelve months from effectivity of this Decree any portion of this sum collected may be used for purposes of this Decree to cover disbursements in excess of the amount appropriated herein.

Section 29. Separability Clause If any section or sections of this Decree are declared unconstitutional or invalid, this shall not invalidate any other section hereof.

Section 30. Repealing Clause All laws, decrees, orders, rules and regulations or parts thereof which are in conflict with the provisions of this Decree including parts of Act Numbered Twenty-Nine Hundred and eighty-five, as amended, as pertain to the practice of metallurgy, are hereby repealed or modified accordingly.

Section 31. Effectivity Clause This Decree shall take effect immediately.

Done in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen hundred and seventy-eight.

ARTICLE XIV
EDUCATION, SCIENCE AND TECHNOLOGY, ARTS,
CULTURE AND SPORTS
EDUCATION

Section 1. The State shall protect and promote the right of all citizens to quality education at all levels, and shall take appropriate steps to make such education accessible to all.

Section 2. The State shall:

(1) Establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society;

(2) Establish and maintain, a system of free public education in the elementary and high school levels. Without limiting the natural rights of parents to rear their children, elementary education is compulsory for all children of school age;

(3) Establish and maintain a system of scholarship grants, student loan programs, subsidies, and other incentives which shall be available to deserving students in both public and private schools, especially to the under-privileged;

(4) Encourage non-formal, informal, and indigenous learning systems, as well as self-learning, independent, and out-of-school study programs particularly those that respond to community needs; and

(5) Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational efficiency, and other skills.

Section 3. (1) All educational institutions shall include the study of the Constitution as part of the curricula.

(2) They shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency.

(3) At the option expressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the Government.

Section 4. (1) The State recognizes the complementary roles of public and private institutions in the educational system and shall exercise reasonable supervision and regulation of all educational institutions.

(2) Educational institutions, other than those established by religious groups and mission boards, shall be owned solely by citizens of the Philippines or corporations or associations at least sixty per cent-um of the capital of which is owned by such citizens. The Congress may, however, require increased Filipino equity participation in all educational institutions.

The control and administration of educational institutions shall be vested in citizens of the Philippines.

No educational institution shall be established exclusively for aliens and no group of aliens shall comprise more than one-third of the enrollment in any school. The provisions of this subsection shall not apply to schools established for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign temporary residents.

(3) All revenues and assets of non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposes shall be exempt from taxes and duties. Upon the dissolution or cessation of the corporate existence of such institutions, their assets shall be disposed of in the manner provided by law.

Proprietary educational institutions, including those cooperatively owned, may likewise be entitled to such exemptions, subject to the limitations provided by law, including restrictions on dividends and provisions for reinvestment.

(4) Subject to conditions prescribed by law, all grants, endowments, donations, or contributions used actually, directly, and exclusively for educational purposes shall be exempt from tax.

Section 5. (1) the State shall take into account regional and sectoral needs and conditions and shall encourage local planning in the development of educational policies and programs.

(2) Academic freedom shall be enjoyed in all institutions of higher learning.

(3) Every citizen has a right to select a profession or course of study, subject to fair, reasonable, and equitable admission and academic requirements.

(4) The State shall enhance the right of teachers to professional advancement. Non-teaching academic and non-academic personnel shall enjoy the protection of the State.

(5) The State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment.

Twelfth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand two.

REPUBLIC ACT NO. 9173
October 21, 2002

AN ACT PROVIDING FOR A MORE RESPONSIVE NURSING PROFESSION, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 7164, OTHERWISE KNOWN AS “THE PHILIPPINE NURSING ACT OF 1991″ AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

ARTICLE I

Title

Section 1. Title. – This Act shall be known as the “Philippine Nursing Act of 2002.”

ARTICLE II

Declaration of Policy

Sec. 2. Declaration of Policy. It is hereby declared the policy of the State to assume responsibility for the protection and improvement of the nursing profession by instituting measures that will result in relevant nursing education, humane working conditions, better career prospects and a dignified existence for our nurses.

The State hereby guarantees the delivery of quality basic health services through an adequate nursing personnel system throughout the country.

ARTICLE III

Organization of the Board of Nursing

Section 3. Creation and Composition of the Board. – There shall be created a Professional Regulatory Board of Nursing, hereinafter referred to as the Board, to be composed of a Chairperson and six (6) members. They shall be appointed by the president of the Republic of the Philippines from among two (2) recommendees, per vacancy, of the Professional Regulation Commission, hereinafter referred to as the Commission, chosen and ranked from a list of three (3) nominees, per vacancy, of the accredited professional organization of nurses in the Philippines who possess the qualifications prescribed in Sec. 4 of this Act.

Sec. 4. Qualifications of the Chairperson and Members of the Board. – The Chairperson and Members of the Board shall, at the time of their appointment, possess the following qualifications:

(a) Be a natural born citizen and resident of the Philippines;

(b) Be a member of good standing of the accredited professional organization of nurses;

(c) Be a registered nurse and holder of a master’s degree in nursing, education or other allied medical profession conferred by a college or university duly recognized by the Government: Provided, That the majority of the members of the Board shall be holders of a master’s degree in nursing: Provided, further, That the Chairperson shall be a holder of a master’s degree in nursing;

(d) Have at least ten (10) years of continuous practice of the profession prior to appointment: Provided, however, That the last five (5) years of which shall be in the Philippines; and

(e) Not have been convicted of any offense involving moral turpitude; Provided, That the membership to the Board shall represent the three (3) areas of nursing, namely: nursing education, nursing service and community health nursing.

Sec. 5. Requirements Upon Qualification as Member of the Board of Nursing. – Any person appointed as Chairperson or Member of the Board shall immediately resign from any teaching position in any school, college, university or institution offering Bachelor of Science in Nursing and/or review program for the local nursing board examinations or in any office or employment in the government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries as well as these employed in the private sector. He/she shall not have any pecuniary interest in or administrative supervision over any institution offering Bachelor of Science in Nursing including review classes.

Sec. 6. Term of Office.. – The Chairperson and Members of the Board shall hold office for a term of three (3) years and until their successors shall have been appointed and qualified: Provided, That the Chairperson and members of the Board may be re-appointed for another term.

Any vacancy in the Board occurring within the term of a Member shall be filled for the unexpired portion of the term only. Each Member of the Board shall take the proper oath of office prior to the performance of his/her duties.

The incumbent Chairperson and Members of the Board shall continue to serve for the remainder of their term under Republic Act No. 7164 until their replacements have been appointed by the President and shall have been duly qualified.

Sec. 7. Compensation of the Board Members. – The Chairperson and Members of the Board shall receive compensation and allowances comparable to the compensation and allowances received by the Chairperson and members of other professional regulatory boards.

Sec. 8. Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Services. – The Board shall be under the administrative supervision of the Commission. All records of the Board, including applications for examinations, administrative and other investigative cases conducted by the Board shall be under the custody of the Commission. The Commission shall designate the Secretary of the Board and shall provide the secretariat and other support services to implement the provisions of this Act.

Sec. 9. Powers and Duties of the Board. – The Board shall supervise and regulate the practice of the nursing profession and shall have the following powers, duties and functions:

(a) Conduct the licensure examination for nurses;

(b) Issue, suspend or revoke certificates of registration for the practice of nursing;

(c) Monitor and enforce quality standards of nursing practice in the Philippines and exercise the powers necessary to ensure the maintenance of efficient, ethical and technical, moral and professional standards in the practice of nursing taking into account the health needs of the nation;

(d) Ensure quality nursing education by examining the prescribed facilities of universities or colleges of nursing or departments of nursing education and those seeking permission to open nursing courses to ensure that standards of nursing education are properly complied with and maintained at all times. The authority to open and close colleges of nursing and/or nursing education programs shall be vested on the Commission on Higher Education upon the written recommendation of the Board;

(e) Conduct hearings and investigations to resolve complaints against nurse practitioners for unethical and unprofessional conduct and violations of this Act, or its rules and regulations and in connection therewith, issue subpoena ad testificandum and subpoena duces tecum to secure the appearance of respondents and witnesses and the production of documents and punish with contempt persons obstructing, impeding and/or otherwise interfeming with the conduct of such proceedings, upon application with the court;

(f) Promulgate a Code of Ethics in coordination and consultation with the accredited professional organization of nurses within one (1) year from the effectivity of this Act;

(g) Recognize nursing specialty organizations in coordination with the accredited professional organization; and

(h) Prescribe, adopt issue and promulgate guidelines, regulations, measures and decisions as may be necessary for the improvements of the nursing practice, advancement of the profession and for the proper and full enforcement of this Act subject to the review and approval by the Commission.

Sec. 10. Annual Report. – The Board shall at the close of its calendar year submit an annual report to the President of the Philippines through the Commission giving a detailed account of its proceedings and the accomplishments during the year and making recommendations for the adoption of measures that will upgrade and improve the conditions affecting the practice of the nursing profession.

Sec. 11. Removal or Suspension of Board Members. – The president may remove or suspend any member of the Board after having been given the opportunity to defend himself/herself in a proper administrative investigation, on the following grounds;

(a) Continued neglect of duty or incompetence;

(b) Commission or toleration of irregularities in the licensure examination; and

(c) Unprofessional immoral or dishonorable conduct.

ARTICLE IV

Examination and Registration

Sec. 12. Licensure Examination. – All applicants for license to practice nursing shall be required to pass a written examination, which shall be given by the Board in such places and dates as may be designated by the Commission: Provided, That it shall be in accordance with Republic Act No. 8981, otherwise known as the “PRC Modernization Act of 2000.”

Sec. 13. Qualifications for Admission to the Licensure Examination. – In order to be admitted to the examination for nurses, an applicant must, at the time of filing his/her application, establish to the satisfaction of the Board that:

(a) He/she is a citizen of the Philippines, or a citizen or subject of a country which permits Filipino nurses to practice within its territorial limits on the same basis as the subject or citizen of such country: Provided, That the requirements for the registration or licensing of nurses in said country are substantially the same as those prescribed in this Act;

(b) He/she is of good moral character; and

(c) He/she is a holder of a Bachelor’s Degree in Nursing from a college or university that complies with the standards of nursing education duly recognized by the proper government agency.

Sec. 14. Scope of Examination. – The scope of the examination for the practice of nursing in the Philippines shall be determined by the Board. The Board shall take into consideration the objectives of the nursing curriculum, the broad areas of nursing, and other related disciplines and competencies in determining the subjects of examinations.

Sec. 15. Ratings. – In order to pass the examination, an examinees must obtain a general average of at least seventy-five percent (785%) with a rating of not below sixty percent (60%) in any subject. An examinees who obtains an average rating of seventy-five percent (75%) or higher but gets a rating below sixty percent (60%) in any subject must take the examination again but only in the subject or subjects where he/she is rated below sixty percent (60%). In order to pass the succeeding examination, an examinees must obtain a rating of at least seventy-five percent (75%) in the subject or subjects repeated.

Sec. 16. Oath. – All successful candidates in the examination shall be required to take an oath of profession before the Board or any government official authorized to administer oaths prior to entering upon the nursing practice.

Sec. 17. Issuance of Certificate of Registration/Professional License and Professional Identification Card. – A certificate of registration/professional license as a nurse shall be issued to an applicant who passes the examination upon payment of the prescribed fees. Every certificate of registration/professional license shall show the full name of the registrant, the serial number, the signature of the Chairperson of the Commission and of the Members of the Board, and the official seal of the Commission.

A professional identification card, duly signed by the Chairperson of the Commission, bearing the date of registration, license number, and the date of issuance and expiration thereof shall likewise be issued to every registrant upon payment of the required fees.

Sec. 18. Fees for Examination and Registration. – Applicants for licensure and for registration shall pay the prescribed fees set by Commission.

Sec. 19. Automatic Registration of Nurses. – All nurses whose names appear at the roster of nurses shall be automatically or ipso facto registered as nurses under this Act upon its effectivity.

Sec. 20. Registration by Reciprocity. – A certificate of registration/professional license may be issued without examination to nurses registered under the laws of a foreign state or country: Provided, That the requirements for registration or licensing of nurses in said country are substantially the same as those prescribed under this Act: Provided, further, That the laws of such state or country grant the same privileges to registered nurses of the Philippines on the same basis as the subjects or citizens of such foreign state or country.

Sec. 21. Practice Through Special/Temporary Permit. – A special/temporary permit may be issued by the Board to the following persons subject to the approval of the Commission and upon payment of the prescribed fees:

(a) Licensed nurses from foreign countries/states whose service are either for a fee or free if they are internationally well-known specialists or outstanding experts in any branch or specialty of nursing;

(b) Licensed nurses from foreign countries/states on medical mission whose services shall be free in a particular hospital, center or clinic; and

(c) Licensed nurses from foreign countries/states employed by schools/colleges of nursing as exchange professors in a branch or specialty of nursing;

Provided, however, That the special/temporary permit shall be effective only for the duration of the project, medical mission or employment contract.

Sec. 22. Non-registration and Non-issuance of Certificates of Registration/Professional License or Special/Temporary Permit. – No person convicted by final judgment of any criminal offense involving moral turpitude or any person guilty of immoral or dishonorable conduct or any person declared by the court to be of unsound mind shall be registered and be issued a certificate of registration/professional license or a special/temporary permit.

The Board shall furnish the applicant a written statement setting forth the reasons for its actions, which shall be incorporated in the records of the Board.

Sec. 23. Revocation and suspension of Certificate of Registration/Professional License and Cancellation of Special/Temporary Permit. – The Board shall have the power to revoke or suspend the certificate of registration/professional license or cancel the special/temporary permit of a nurse upon any of the following grounds:

(a) For any of the causes mentioned in the preceding section;

(b) For unprofessional and unethical conduct;

(c) For gross incompetence or serious ignorance;

(d) For malpractice or negligence in the practice of nursing;

(e) For the use of fraud, deceit, or false statements in obtaining a certificate of registration/professional license or a temporary/special permit;

(f) For violation of this Act, the rules and regulations, Code of Ethics for nurses and technical standards for nursing practice, policies of the Board and the Commission, or the conditions and limitations for the issuance of the temporarily/special permit; or

(g) For practicing his/her profession during his/her suspension from such practice;

Provided, however, That the suspension of the certificate of registration/professional license shall be for a period not to exceed four (4) years.

Sec. 24. Re-issuance of Revoked Certificates and Replacement of Lost Certificates. – The Board may, after the expiration of a maximum of four (4) years from the date of revocation of a certificate, for reasons of equity and justice and when the cause for revocation has disappeared or has been cured and corrected, upon proper application therefor and the payment of the required fees, issue another copy of the certificate of registration/professional license.

A new certificate of registration/professional license to replace the certificate that has been lost, destroyed or mutilated may be issued, subject to the rules of the Board.

ARTICLE V

Nursing Education

Section 25. Nursing Education Program. – The nursing education program shall provide sound general and professional foundation for the practice of nursing.

The learning experiences shall adhere strictly to specific requirements embodied in the prescribed curriculum as promulgated by the Commission on Higher Education’s policies and standards of nursing education.

Sec. 26. Requirement for Inactive Nurses Returning to Practice. – Nurses who have not actively practiced the profession for five (5) consecutive years are required to undergo one (1) month of didactic training and three (3) months of practicum. The Board shall accredit hospitals to conduct the said training program.

Sec. 27. Qualifications of the Faculty. – A member of the faculty in a college of nursing teaching professional courses must:

(a) Be a registered nurse in the Philippines;

(b) Have at least one (1) year of clinical practice in a field of specialization;

(c) Be a member of good standing in the accredited professional organization of nurses; and

(d) Be a holder of a master’s degree in nursing, education, or other allied medical and health sciences conferred by a college or university duly recognized by the Government of the Republic of the Philippines.

In addition to the aforementioned qualifications, the dean of a college must have a master’s degree in nursing. He/she must have at least five (5) years of experience in nursing.

ARTICLE VI

Nursing Practice

Sec. 28. Scope of Nursing. – A person shall be deemed to be practicing nursing within the meaning of this Act when he/she singly or in collaboration with another, initiates and performs nursing services to individuals, families and communities in any health care setting. It includes, but not limited to, nursing care during conception, labor, delivery, infancy, childhood, toddler, preschool, school age, adolescence, adulthood, and old age. As independent practitioners, nurses are primarily responsible for the promotion of health and prevention of illness. A members of the health team, nurses shall collaborate with other health care providers for the curative, preventive, and rehabilitative aspects of care, restoration of health, alleviation of suffering, and when recovery is not possible, towards a peaceful death. It shall be the duty of the nurse to:

(a) Provide nursing care through the utilization of the nursing process. Nursing care includes, but not limited to, traditional and innovative approaches, therapeutic use of self, executing health care techniques and procedures, essential primary health care, comfort measures, health teachings, and administration of written prescription for treatment, therapies, oral topical and parenteral medications, internal examination during labor in the absence of antenatal bleeding and delivery. In case of suturing of perineal laceration, special training shall be provided according to protocol established;

(b) establish linkages with community resources and coordination with the health team;

(c) Provide health education to individuals, families and communities;

(d) Teach, guide and supervise students in nursing education programs including the administration of nursing services in varied settings such as hospitals and clinics; undertake consultation services; engage in such activities that require the utilization of knowledge and decision-making skills of a registered nurse; and

(e) Undertake nursing and health human resource development training and research, which shall include, but not limited to, the development of advance nursing practice;

Provided, That this section shall not apply to nursing students who perform nursing functions under the direct supervision of a qualified faculty: Provided, further, That in the practice of nursing in all settings, the nurse is duty-bound to observe the Code of Ethics for nurses and uphold the standards of safe nursing practice. The nurse is required to maintain competence by continual learning through continuing professional education to be provided by the accredited professional organization or any recognized professional nursing organization: Provided, finally, That the program and activity for the continuing professional education shall be submitted to and approved by the Board.

Sec. 29. Qualification of Nursing Service Administrators. – A person occupying supervisory or managerial positions requiring knowledge of nursing must:

(a) Be a registered nurse in the Philippines;

(b) Have at least two (2) years experience in general nursing service administration;

(c) Possess a degree of Bachelors of Science in Nursing, with at least nine (9) units in management and administration courses at the graduate level; and

(d) Be a member of good standing of the accredited professional organization of nurses;

Provided, That a person occupying the position of chief nurse or director of nursing service shall, in addition to the foregoing qualifications, possess:

(1) At least five (5) years of experience in a supervisory or managerial position in nursing; and

(2) A master’s degree major in nursing;

Provided, further, That for primary hospitals, the maximum academic qualifications and experiences for a chief nurse shall be as specified in subsections (a), (b), and (c) of this section: Provided, furthermore, That for chief nurses in the public health nursing shall be given priority. Provided, even further, That for chief nurses in military hospitals, priority shall be given to those who have finished a master’s degree in nursing and the completion of the General Staff Course (GSC): Provided, finally, That those occupying such positions before the effectivity of this Act shall be given a period of five (5) years within which to qualify.

ARTICLE VII

Health Human Resources Production, Utilization and Development

Sec. 30. Studies for Nursing Manpower Needs, Production, Utilization and Development. – The Board, in coordination with the accredited professional organization and appropriate government or private agencies shall initiate undertake and conduct studies on health human resources production, utilization and development.

Sec. 31. Comprehensive Nursing Specialty Program. – Within ninety (90) days from the effectivity of this Act, the Board in coordination with the accredited professional organization recognized specialty organizations and the Department of Health is hereby mandated to formulate and develop a comprehensive nursing specialty program that would upgrade the level of skill and competence of specialty nurse clinicians in the country, such as but not limited to the areas of critical care, oncology, renal and such other areas as may be determined by the Board.

The beneficiaries of this program are obliged to serve in any Philippine hospital for a period of at least two (2) years and continuous service.

Sec. 32. Salary. – In order to enhance the general welfare, commitment to service and professionalism of nurses the minimum base pay of nurses working in the public health institutions shall not be lower than salary grade 15 prescribes under Republic Act No. 6758, otherwise known as the “Compensation and Classification Act of 1989″: Provided, That for nurses working in local government units, adjustments to their salaries shall be in accordance with Sec. 10 of the said law.

Sec. 33. Funding for the Comprehensive Nursing Specialty Program. – The annual financial requirement needed to train at least ten percent (10%) of the nursing staff of the participating government hospital shall be chargeable against the income of the Philippine Charity Sweepstakes Office and the Philippine Amusement and Gaming Corporation, which shall equally share in the costs and shall be released to the Department of Health subject to accounting and auditing procedures: Provided, That the department of Health shall set the criteria for the availment of this program.

Sec. 34. Incentives and Benefits. – The Board of Nursing, in coordination with the Department of Health and other concerned government agencies, association of hospitals and the accredited professional organization shall establish an incentive and benefit system in the form of free hospital care for nurses and their dependents, scholarship grants and other non-cash benefits. The government and private hospitals are hereby mandated to maintain the standard nurse-patient ratio set by the Department of Health.

ARTICLE VIII

Penal and Miscellaneous Provisions

Sec. 35. Prohibitions in the Practice of Nursing. – A fine of not less than Fifty thousand pesos (P50,000.00) nor more than One hundred thousand pesos (P100,000.00) or imprisonment of not less than one (1) year nor more than six (6) years, or both, upon the discretion of the court, shall be imposed upon:

(a) any person practicing nursing in the Philippines within the meaning of this Act:

(1) without a certificate of registration/professional license and professional identification card or special temporary permit or without having been declared exempt from examination in accordance with the provision of this Act; or

(2) who uses as his/her own certificate of registration/professional license and professional identification card or special temporary permit of another; or

(3) who uses an invalid certificate of registration/professional license, a suspended or revoked certificate of registration/professional license, or an expired or cancelled special/temporary permits; or

(4) who gives any false evidence to the Board in order to obtain a certificate of registration/professional license, a professional identification card or special permit; or

(5) who falsely poses or advertises as a registered and licensed nurse or uses any other means that tend to convey the impression that he/she is a registered and licensed nurse; or

(6) who appends B.S.N./R.N. (Bachelor of Science in Nursing/Registered Nurse) or any similar appendage to his/her name without having been conferred said degree or registration; or

(7) who, as a registered and licensed nurse, abets or assists the illegal practice of a person who is not lawfully qualified to practice nursing.

(b) any person or the chief executive officer of a judicial entity who undertakes in-service educational programs or who conducts review classes for both local and foreign examination without permit/clearance from the Board and the Commission; or

(c) any person or employer of nurses who violate the minimum base pay of nurses and the incentives and benefits that should be accorded them as specified in Sections 32 and 34; or

(d) any person or the chief executive officer of a juridical entity violating any provision of this Act and its rules and regulations.

ARTICLE IX

Final Provisions

Sec. 36. Enforcement of this Act. – It shall be the primary duty of the Commission and the Board to effectively implement this Act. Any duly law enforcement agencies and officers of national, provincial, city or municipal governments shall, upon the call or request of the Commission or the Board, render assistance in enforcing the provisions of this Act and to prosecute any persons violating the same.

Sec. 37. Appropriations. – The Chairperson of the Professional Regulation Commission shall immediately include in its program and issue such rules and regulations to implement the provisions of this Act, the funding of which shall be included in the Annual General Appropriations Act.

Sec. 38. Rules and Regulations. – Within ninety (90) days after the effectivity of this Act, the Board and the Commission, in coordination with the accredited professional organization, the Department of Health, the Department of Budget and Management and other concerned government agencies, shall formulate such rules and regulations necessary to carry out the provisions of this Act. The implementing rules and regulations shall be published in the Official Gazette or in any newspaper of general circulation.

Sec. 39. Reparability Clause. – If any part of this Act is declared unconstitutional, the remaining parts not affected thereby shall continue to be valid and operational.

Sec. 40. Repealing Clause. – Republic Act No. 7164, otherwise known as the “Philippine Nursing Act of 1991″ is hereby repealed. All other laws, decrees, orders, circulars, issuances, rules and regulations and parts thereof which are inconsistent with this Act are hereby repealed, amended or modified accordingly.

Sec. 41. Effectivity. – This act shall take effect fifteen (15) days upon its publication in the Official Gazette or in any two (2) newspapers of general circulation in the Philippines.

Approved:

FRANKLIN DRILON
President of the Senate

JOSE DE VENECIA JR.
Speaker of the House of Representatives

This Act, which originated in the House of Representative was finally passed by the House of Representatives and the Senate on October 15, 2002 and October 8, 2003 respectively.

OSCAR G. YABES
Secretary of Senate

ROBERTO P. NAZARENO
Secretary General
House of Represenatives

Approved: October 21, 2002

GLORIA MACAPAGAL-ARROYO
President of the Philippines