EXECUTIVE ORDER NO. 496
EXECUTIVE ORDER NO. 496 -
INSTITUTING PROCEDURES AND CRITERIA FOR THE SELECTION AND THE
RECOMMENDATION OF NOMINEES FOR APPOINTMENT TO VACANT POSITIONS IN THE
PROFESSIONAL REGULATORY BOARDS UNDER THE SUPERVISION OF THE
PROFESSIONAL REGULATION COMMISSION
WHEREAS,
Sec. 5, subsection (i), of Presidential Decree No. 223 provides that
the Professional Regulation Commission shall “submit and recommend to
the President of the Philippines nominees for appointment as members of
the various Boards from among those nominated by the bona fide
professional organizations accredited by the Commission to fill
existing or probable vacancies;”
WHEREAS, only professionals possessing demonstrated outstanding
qualifications should be nominated and appointed as members of the
various professional regulatory Boards;
WHEREAS, the screening and selection of nominees should be based
strictly on merit, integrity and fitness;
WHEREAS, uniform procedures and criteria for the selection and
nomination of persons to fill existing vacancies in the various
professional regulatory Boards should be instituted;
NOW THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by law, do hereby order and direct
the following:
ARTICLE
I
Duties and Responsibilities of
the Professional Organizations
Section 1. Committee on Nominations. —
There shall be a permanent standing committee called the Committee on
Nominations in every professional organization accredited by the
Professional Regulation Commission in accordance with the provisions of
its Rules and Regulations Governing the Regulation and Practice of
Professionals, as amended. The Committee shall be composed of the five
(5) immediate past national presidents of the organization. However,
should any of the five past national president be not available, the
past president immediately following the last five shall serve as
Member. The most recent president shall serve as Chairman of the
Committee.
If an organization does not have the necessary number of past president
as herein required, incumbent members of the Board of Directors
selected by the Board members themselves shall serve in the
Committee.
In this relation, the Professional Regulation Commission shall submit
to the Office of the President at the end of every quarter a complete
updated list of all the professional organizations it has accredited in
accordance with rules and regulations.
Sec. 2. Term of Office. — The Chairman of the
Committee shall serve until replaced by the next incoming past
president. The Members shall serve until replaced on a first-in,
first-out basis through the assumption to membership of the most recent
past president.
Sec. 3. Duties and Responsibilities. — The
Committee on Nominations shall have the following duties and
responsibilities:
A.
To actively search, screen and select qualified nominees for
appointment to vacant positions in its professional regulatory Board;
B. To submit
to the National Board of Directors for approval the names of the five
(5) qualified nominees, ranked in the order of preference, for every
vacancy in its professional regulatory Board; Provided, however, that
if there are two or more vacancies, as single list with appropriate
rankings shall be submitted to the said Board; and
C. To comply
with their requirements of the Professional Regulation Commission
regarding the selection and nomination of persons for appointment to
its professional regulatory Board.
Sec. 4. Search and Screening Process. — The
Committee shall actively search for persons with demonstrated
outstanding qualifications for membership in the Board, keeping in mind
that appointment thereto is a privilege and not a right. Nomination
shall be based strictly on merit, integrity and fitness.
Sec. 5. Criteria for Selection of Nominees. — In
addition to the qualifications required by the respective laws
governing each profession, the nominees for appointment to the
professional regulatory Board should meet the following criteria:
A.
Proven leadership qualities as evidenced by honors, awards and
citations given by reputable organizations, and participation and
involvement in the activities of the professional organization and
social and civic associations;
B.
Professional competence and experience as evidenced by relevant past in
present positions held, years of professional practice, professional
honors and awards, and academic honors and degrees;
C. Impeccable
integrity and a strong commitment to promote and maintain the highest
professional standards as evidenced by his personal and professional
conduct, personal interviews and the testimony of colleagues, clients
and socio-civic leaders;
D. Up-to-date
knowledge of current theories, principles and practices in the
profession as evidenced by teaching and research activities, scholarly
articles in publications, participation in continuing professional
education and development programs, and advanced academic degrees; and
E. Must have
the time, capacity and capability to perform the duties and to fulfill
the obligations of a regulatory Board Member, which include, among
others, the preparation and rating of examination papers, the hearing
of administrative cases, and the inspection of schools, colleges and
universities, hospitals, industrial plants and others.
Sec. 6. Disqualification. — The following shall be
disqualified from being nominated:
A.
Those who have already completed at least two (2) terms in the
professional regulatory Board so that other member who may be equally,
if not more, qualified shall have the opportunity to serve in their
professional regulatory Board;
B. Those who
are incumbent national officers (President, Vice President, Secretary,
Treasurer and Press Relations Officer or their equivalent positions) of
the organization; and
C. Those who
directly or indirectly solicit and use influence in seeking their
nominations, for this evinces unprofessional conduct. The solicitation
and use of influence referred to herein shall be considered prima facie
evidence that the person concerned lacks the necessary qualifications
for appointment to the regulatory Board of his profession.
Sec. 7. Accomplishment of Personal and Data Sheet
and Submission of Clearances. — Each nominee shall accomplish the
Personal Data Sheet or Nomination Form prescribed by the Professional
Regulation Commission. The Personal Data Sheet or Nomination Form shall
subscribed under oath and accompanied by current clearances from the
National Bureau of Investigation and the Office of the Ombudsman.
Sec. 8. Submission of List of Nominees. — On the
basis of the report of the Committee on Nominations, the National
President of the duly accredited professional organization shall submit
to the Professional Regulation Commission the resolution of the
National Board of Directors recommending not more than five (5)
nominees, ranked in the order of preference, for appointment to each
vacancy in the professional regulatory Board; Provided, however, that
if two or more vacancies exist, a single list with appropriate rankings
shall be submitted. That list shall be submitted not later than three
(3) months before the vacancy occurs. The nominations submitted to the
Commission shall be valid for the present vacancy to be filled.
Subsequent vacancies that may occur will require another list of
nominees, which may or may not include those who have not been
previously considered.
Sec. 9. Failure or Refusal of the Accredited
Professional Organization to Submit Nominees. — The Commission shall
notify the duly accredited professional organization of probable or
existing vacancies in its professional regulatory Board. In the event
that the organization fails or refuses to submit nominees for vacant
position within the period prescribed herein, the Commission may either
recommend (a) the reappointment of the incumbent or permit him to stay
in a hold-over capacity if the law creating the professional regulatory
Board so authorizes or (b) the appointment of another person who
possesses the necessary qualifications based on the criteria herein
provided.
The Commission may likewise exercise the same prerogative should there
be a clear showing that the Committee on Nominations of the accredited
professional organization has disregarded the criteria herein mentioned
in the selection of the nominees.
ARTICLE
II
Duties and Responsibilities of
the Professional Regulation Commission
Section 1. Publication of names of nominees. — The
Commission shall, upon receipt of the resolution from the accredited
professional organization, immediately publish the same in a newspaper
or general circulation for the purpose of inviting anyone who may have
derogatory information against any of the nominees which may render him
unfit for the position to inform the said Commission within a period of
ten (10) days from such publication. A copy of the list of the nominees
shall also presented on the bulletin board of the Commission.
Sec. 2. Resolution for Recommendation of Nominees.
— The Commission shall adopt a resolution recommending to the President
of the Philippines three (3) nominees, ranked in the order of
preference, for appointment to each vacancy in the various professional
regulatory Boards, said nominees having selected from among the five
(5) names recommended by the duly accredited professional organization.
Sec. 3. Submission by the Commission of the
Resolution to the Office of the President. — The resolution shall be
submitted by the Chairman of the Commission to the Office of the
President not later than two (2) months before the vacancy occurs, with
the request that the appointment be issued not later tan thirty (30)
days before the scheduled licensure examinations.
Sec. 4. Reappointment of the Chairman or Member of
the Professional Regulatory Board. — Any Chairman or Member of the
professional regulatory Board whose term would expire but who has
served less than half of his full term of office as prescribed by law
may be recommended for appointment if he has shown exemplary record or
performance and such reappointment is authorized by the law creating
the professional regulatory Board.
Sec. 5. Appointment of the Chairman of the
Professional Regulatory Board. — In the event that a vacancy occurs in
the position of the Chairman of the professional regulatory Board, the
Commission shall, after consultations with outgoing Chairman, the other
members of the Board and the professional organization concerned,
select a nominee from among the incumbent members of the professional
regulatory Board for recommendation to appointment as chairman if such
appointment is authorized by the law creating the said professional
regulatory Board. This shall not preclude the nomination of others who
are not incumbent Board members but who possess outstanding qualities
based on the criteria herein mentioned to merit appointment. A separate
resolution recommending nominees for appointment to the position of
Board Chairman shall be adopted by the Commission for submission to the
Office of the President.
This Executive Order shall take effect immediately.
DONE in the City of Manila,
this 9th day of December, in the year of Our Lord, nineteen hundred and
ninety-one.
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