[ PRC BOARD OF GUIDANCE AND COUNSELING RESOLUTION NO. 02, S. OF 2007, August 31, 2007 ]
RULES AND REGULATIONS OF REPUBLIC ACT NUMBERED NINETY-TWO AND FIFTY-EIGHT (R.A. NO. 9258), KNOWN AS THE GUIDANCE AND COUNSELING ACT OF 2004
Pursuant to Section 5 (i), Article II and Section 32, Article V of Republic Act No. 9258: AN ACT PROFESSIONALIZING THE PRACTICE OF GUIDANCE AND COUNSELING AND CREATING FOR THIS PURPOSE A PROFESSIONAL REGULATORY BOARD OF GUIDANCE AND COUNSELING AND APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES, known as the GUIDANCE AND COUNSELING ACT OF 2004, the Professional Regulatory Board of Guidance and Counseling hereby promulgates, subject to the approval of the Professional Regulation Commission, the following rules and regulations to effectively carry out the provisions of R.A. No. 9258.
SECTION 1. Short Title - This Resolution shall be known in short as the Rules and Regulations of the Guidance and Counseling Act of 2004 , hereinafter referred to as RR of R.A. No. 9258 , RRGCA 2004 , or RR.
SEC. 2. Declaration of Policy - It is hereby declared the policy of the State to promote the improvement, advancement, and protection of the guidance and counseling profession by undertaking and instituting measures that will result in professional, ethical, relevant, efficient, and effective guidance and counseling services for the development and enrichment of individuals and groups.
The State recognizes the important role of Guidance Counselors in nation building and promotes the sustained development of a reservoir of licensed Guidance Counselors whose competence has been determined by honest and credible Licensure Examinations and whose standards of professional practice and service are world-class, and internationally recognized through preventive regulatory measures and programs and activities that foster continuing professional development.
This RR of R.A. No. 9258 shall be interpreted, construed, and carried out in the light of the Declaration of Policy in Sec. 2, Art. I of R.A. No. 9258.
SEC. 3. Definition of Terms - As used in this RR, these terms are construed as follows:
a. Guidance and Counseling. The Profession that involves the use of an integrated approach to the development of a well-functioning individual primarily by helping him/her to utilize him/her potentials to the fullest and plan his/her present and future in accordance with his/her abilities, interests, and needs.
It includes functions such as counseling, psychological testing, (i.e. personality, career, interest, aptitude, mental ability, achievement), learning and study orientation, research, placement, referral and group processes. It includes the teaching of guidance and counseling subjects, particularly those covered in the Licensure Examinations and necessary in other human development services.
b. Counseling. In keeping with the development in the profession, the term, counseling , to the layman, is considered synonymous to, and interchangeable with, guidance and counseling, but to professional counselors, it is a face-to-face helping relationship. It is a mission of service.
c. Guidance Counselor. A natural person who has been registered and issued a valid Certificate of Registration and a valid Professional Identification Card by the Professional Regulatory Board of Guidance and Counseling and Professional Regulation Commission in accordance with R.A. No. 9258 and who, by virtue of specialized training, perform for a fee, salary, or other forms of compensation the functions of guidance and counseling under Section 3 (a) of R.A. No. 9258.
d. Board. Refers to the Professional Regulatory Board of Guidance and Counseling created under Section 4, Art. II of R.A. No. 9258.
e. Commission. Refers to the Professional Regulation Commission created under Section 3 of R.A. No. 8981, called as the PRC Modernization Act of 2000 .
f. Interim Accredited Professional Organization (IAPO). This refers to the Philippine Guidance and Counseling Association, Inc. (PGCA), an organization of guidance counselors granted by the Commission with a Certificate of Accreditation.
g. Registered and Accredited Integrated National Organization of Registered and Licensed Guidance Counselors. This refers to the one and only integrated national organization of registered and licensed guidance counselors accredited by the Board subject to approval by the Commission, issued thereby with a Certificate of Accreditation as professional organization, and known as the Accredited Professional Organization (APO).
SEC. 4. Creation of the Professional Regulatory Board of Guidance and Counseling. There shall be created a Professional Regulatory Board of Guidance and Counseling hereinafter referred to as the Board, under the administrative control and supervision of the Professional Regulation Commission, hereinafter referred to as the Commission, to be composed of a Chairman and two (2) Members who shall be appointed by the President of the Philippines from among a list of three (3) recommendees for each position submitted by Interim Accredited Professional Organization of guidance counselors or the registered and accredited integrated national organization of registered and licensed guidance counselors.
SEC. 5. Powers, Functions, Duties and Responsibilities of the Board - The Board shall have the following specific powers, functions, duties, and responsibilities:
a. Supervise and regulate the practice of Guidance and Counseling;
b. Determine and evaluate the qualifications of the applicants for registration with or without Licensure Examination and for issuance of special permits;
c. Prepare the examination questions in accordance with Section 15, Article III of R.A. No. 9258 or Section 15, Rule III of the RR thereof or the modifications thereof, and correct and rate examination papers through the process of computerization;
d. Prepare, adopt, issue, or amend the syllabi for the subjects in the licensure examination in consultation with the Commission on Higher Education (CHED), the Academe, and the IAPO or APO;
e. Register successful examinees in the Licensure Examinations for Guidance Counselors and issue thereto their corresponding Certificates of Registration;
f. Issue special/temporary permits to foreign guidance counselors to practice guidance and counseling and to research for specific projects and for a specific duration of time for a fee, or on medical mission without fee;
g. Monitor the conditions affecting the practice of guidance and counseling, conduct ocular inspection of places where Guidance Counselors practice their profession, and adopt measures for the enhancement of the profession and the maintenance of high professional technical and ethical standards.
h. Ensure in coordination with CHED, that all educational institutions offering the course/ program in guidance and counseling comply with the policies, standards, and requirements of the said course prescribed by CHED in the areas of curriculum, faculty, library, practicum facilities, and student services;
i. Promulgate Rules and Regulations including the Code of Ethics for Guidance Counselors, the Code or Manual of Technical Standards for Guidance Counselors, and administrative policies, orders, and issuances to carry out the provisions of R.A. No. 9258;
j. Investigate violations of R.A. No. 9258, this RR thereof, the Code of Ethics for Guidance Counselors, Code or Manual of Technical Standards, administrative policies, orders, and issuances promulgated by the Board. The rule on administrative investigation promulgated by the Commission shall govern in such investigation;
k. Issue subpoena or subpoena duces tecum to secure the attendance of the respondents or witnesses, or the production of documents relative to the investigation conducted by the Board;
l. Render decision, order, or resolution on preliminary investigation or inquiry against violators of R.A. No. 9258, this RR, the Code of Ethics for Guidance Counselors, Code or Manual of Technical Standards, or any policies, and on docketed administrative cases against examinees or registrants, which shall become final and executory unless appealed with the Commission within (15) days from receipt of the copy thereof;
m. Issue, suspend, revoke, or re-issue any certificate of registration for the practice of guidance and counseling as defined in R.A. No. 9258;
n. Administer oath necessary for the effective implementation of the R.A. No. 9258;
o. Initiate criminal action against any violator of R.A. No. 9258 and/or the RR thereof;
p. Adopt the official seal of the Board;
q. Prescribe guidelines and criteria on the continuing professional education (CPE) for Guidance Counselors;
r. Adopt such measures necessary and proper for the maintenance of high ethical and professional standards in the practice of the profession; and
s. Perform such other functions and duties as may be necessary to effectively implement this RR of R.A. No. 9258 .
The policies, resolutions, and rules and regulations issued or promulgated by the Board shall be subject to review and approval by the Commission; however, the Board s decisions, resolutions or orders which are not interlocutory, rendered in an administrative case shall be subject to review only if on appeal with the Commission. The decision of the Board and/or the Commission may be appealed to the Court of Appeals in accordance with the Rules of Court.
Duties of Chairman and Members. The chairman shall preside at all meetings and sign all official documents, letters, correspondence involving important matters and policies of the Board including summons, subpoena or subpoena duces tecum. In case of temporary incapacity or absence of the chairman, it shall be the duty of the members of the Board to attend all meetings particularly when the purpose of such meeting is to deliberate on the results of examinations or questions involving important policies of the Board.
Meetings. Regular monthly meetings shall be held. Special meeting may be held as often as may be necessary at the discretion of the chairman or upon the request of the majority of the Board.
Quorum. All members shall attend the meetings of the Board, except for unavoidable circumstances, in which case two members of the Board may be sufficient to constitute a quorum for the transaction of official business.
SEC. 6. Qualification of the Board Members - The chairman and members of the Board, at the time of their appointment, shall:
a. Be a citizen of the Republic of the Philippines;
b. Be a resident of the Philippines for at least five (5) years immediately prior to his/her appointment;
c. Be of good moral character and must not have been convicted of any crime involving moral turpitude;
d. Be a qualified guidance counselor holding a valid certificates of registration and a valid professional identification card: Provided, That in the case of the first members of the Board, they shall be issued certificate of registration and professional identification cards as guidance counselors without prior examination;
e. Be a holder of a doctoral degree in guidance and counseling from a reputable and accredited college or university duly recognized by the Commission on Higher Education (CHED) and/or by a duly accredited college or university abroad;
f. Have at least ten (10) years of continuous professional practice as a guidance counselor and/or counselor educator under R.A. No. 9258;
g. Not be a member of the faculty of any school, college or university where regular and/ or review courses in guidance and counseling education is taught nor have any pecuniary interest in such institution; before taking his/her oath of office, he/she shall resign from his/her position therein; and
h. Not be an official or a member of the Board of Trustee of the integrated and accredited national organization of guidance counselors.
SEC. 7. Term of Office - The members of the Board shall hold office for a term of three (3) years until their successors shall have been appointed and qualified: They may, however, be reappointed for a second term. Of the members to be appointed for the first Board, one (1) shall hold office as chairman for three (3) years, one (1) as a member for two years, and one (1) member for a term of one (1) year. Any vacancy in the Board shall be filled for the unexpired portion of the term only. Each member shall take the proper oath prior to the assumption of duty.
SEC. 8. Administrative Supervision of the Board - Custodian of its Records, Secretariat, and Support Services - All records of the Board, including applications for examination and administrative and other investigative cases shall be under the custody of the Commission. The Commission shall designate the Secretary of the Board and shall provide the secretariat and support services to implement the provisions of R.A. No. 9258, and this RR .
SEC. 9. Compensation and Allowance of the Board - The chairman and members of the Board shall receive compensation and allowances comparable to the compensation and allowances received by the chairman and members of existing Professional Regulatory Boards under the Commission as provided for in R.A. No. 8981 and the General Appropriations Act.
SEC. 10. Grounds for Suspension and Removal of Board Members - The President of the Philippines, upon recommendation of the Commission, after giving the concerned member an opportunity to defend himself/herself in a proper administrative investigation to be conducted by the Commission, may remove or suspend any member on the following grounds:
a. Neglect of duty or incompetence;
b. Violation or tolerance of violation of R.A. No. 9258, the RR thereof, the Code of Ethics and the Code or Manual of Professional and Technical Standards for Guidance Counselors;
c. Conviction by final judgment of crimes involving moral turpitude;
d. Manipulation or rigging of the Board licensure examination for guidance counselors results, disclosure of secret information, or the examination questions prior to the conduct of the said examination, or tampering of grades therein; or
e. Conviction by final judgment of any criminal offense by the courts.
The Commission in the conduct of the investigation shall be guided by Sec. 7(s) of R.A. No. 8981 and PRC Resolution No. 06-342(A), Series of 2006.
SEC. 11. Annual Report - The chairman of the Board shall, after the close of the fiscal year, submit an annual report to the Commission, giving a detailed accounting of the proceedings of the Board during the year and embodying such recommendations as the Body may desire to make.
SEC. 12. Examination Required - All applicants for registration for the practice of guidance and counseling shall be required to undergo a Board Licensure Examination for Guidance Counselors to be given by the Board and the Commission in such places and dates as the Commission may designate in accordance with R.A. No. 8981 subject to compliance with the requirements prescribed by the Commission.
Form of Application - An application for examination and registration must be properly accomplished in hand writing of the applicant on the PRC form and shall be filed not later than twenty (20) days in the Central Office, or not later than thirty (30) working days in the Regional Office, before the date of the examination. A recent photo with name tag must be attached. Prescribed fees must be paid.
Approval of Application - The PRC Application Division shall go over the application. At least two (2) Members of the Board shall approve the application. In the case the former cannot do so, the Application Division shall satisfy itself that each applicant possesses the qualifications prescribed by R.A. No. 9258 and this RR.
SEC. 13. Qualifications of Applicants - To qualify for the examination, an applicant at the time of the filing of the application must:
a. Be a citizen of the Philippines, or a foreigner whose country has reciprocity with the Philippines for the practice of guidance and counseling; Provided, that the country of which he/she is a subject or citizen permits Filipino Counselors to practice within its territorial limits on the same basis as the subject or citizen of such country; Provided, Further, that the requirements for admission to and from said country are substantially the same as those provided under R.A. No. 9258;
b. Not have been convicted of an offense involving moral turpitude; and
c. Be a graduate of a baccalaureate in guidance and counseling or in other allied discipline/degree from an accredited college or university with subject units covering those in Sec. 15, Rule III of this RR and a holder of an MA, MAEd, MAT, or MS, in guidance and counseling the curriculum of which covers the core subjects in guidance and counseling on the masteral level, or those in Sec. 15, Rule III of this RR; or a holder of the PhD or Ed.D in guidance and counseling, the curriculum of which covers the core subjects in guidance and counseling on the doctoral level, or those in Sec. 15, Rule III of this RR.
The following documents shall be submitted in support of the above requirements:
The Board may require other documents in support of the above qualifications.
SEC. 14. Registration Without Examination - The Board shall grant to any person who possess the pertinent qualifications which will be evaluated and approved upon application and payment of the required fees a Certificate of Registration and Professional Identification Card as a Guidance Counselor without taking the Licensure Examination who ON OR BEFORE March 2, 2004, the date of the effectivity of R.A. No. 9258, possesses the requirements contained in Section 14 of R.A. No. 9258, and who qualifies under any of the following three (3) categories.
a. Had been a Doctoral or a Masteral degree holder in guidance and counseling with at least three (3) years of teaching experience in guidance and counseling course and/or full time counseling practice for the same period.
b. Had passed at least eighteen (18) units of Masteral level core courses in guidance and counseling such as Counseling Theories, Tools, and Techniques, Organization and Administration of Guidance Services, Psychological Tests and Measurement, Group Process/Group Facilitating and Career Guidance; and have, at least seven (7) years of experience in counseling work; and
c. Had completed academic requirements for a Master s degree in guidance and counseling and had five (5) years experience as full-time guidance counselor/part time guidance counselor with officially designated teaching load in guidance and counseling.
The following documents in addition to (a) to (e) enumerated in Sec. 13 hereof shall be submitted in support of the above requirements:
Those who qualify under any of the foregoing categories shall be given two (2) years starting from the creation of the Board of Guidance and Counseling (January 26, 2007) within which to apply for registration without examination under Sec. 14, Art. III of R.A. No. 9258.
SEC. 15. Scope of Examination - The examination shall be in English and shall consist of a written test covering the following subjects:
SEC. 16. Report of Ratings - The Board shall report the ratings obtained by each candidate to the Commission within ten (10) days after the last day of the examination.
SEC. 17. Ratings in the Examination and Re-examination - To be qualified as having passed the Licensure Examination for Guidance Counselors, a candidate must have obtained a weighted general average of seventy-five percent (75%), with no grade lower than sixty percent (60%), in any given subject. However, an examinee who obtains a weighted average of seventy five percent (75%) or higher but obtains a rating below sixty percent (60%) in any given subjects, must take an examination in the subjects where he/she obtained a grade below sixty percent (60%) within two (2) years from the date of the last examination. The subject or subjects retaken must have each a rating of no less than seventy-five percent (75%) in order to qualify as having passed the examination.
The Board may adopt its own internal procedure on the implementation of this provision.
SEC. 18. Oath Taking - All successful examinees qualified for registration and all qualified applicants for registration without examination shall be required to take the professional oath before any member of the Board or any officer of the Commission authorized by it or any other person authorized by law to administer the oath prior to entering into the practice of guidance and counseling in the Philippines. The successful examinees shall register with the Commission after having taken his/her oath and upon payment of the prescribed fees and shall be issued Certificates of Registration and Professional Identification Card.
SEC. 19. Issuance of Certificate of Registration and Professional Identification Card. - A Certificate of Registration as a Guidance Counselor shall be issued to any applicant who passes the examination or, who is registered without examination, bearing the signature of the Commission Chairperson and the Chairman and Members of the Board, and the official seal of the Board and of the Commission.
A Professional Identification Card bearing the registration number, date of issuance, expiry date, duly signed by the Commission Chairperson, shall likewise be issued to every registrant who has paid the prescribed fee.
SEC. 20. Roster of Guidance Counselors - The Board, in coordination with the Accredited Professional Organization (APO), shall keep the roster of the names, residences and office addresses of all registered and licensed Guidance Counselors and the said roster shall be made available to the public upon request.
SEC. 21. Integration of Guidance Counselors. All registered and licensed Guidance Counselors whose names appear in the roster of Guidance Counselors shall be united and integrated through their automatic membership in the one (1) and only registered and accredited national organization which the Board, subject to approval by the Commission, shall recognize and accredit after consultation with all existing organizations of registered and licensed Guidance Counselors and, if, possible with all those who are not members of any of the said organization. The members of the said integrated and accredited national organization shall receive benefits and privileges appurtenant thereto upon payment of prescribed fees and dues. Membership in the accredited integrated national organization shall not be a bar to membership in any other professional guidance association.
SEC. 22. Indication of Certification and Registration Number and Professional Tax Receipts (PTR) - The Guidance Counselor shall be required to indicate the number of the certificate of registration, the date of issuance, the period of validity of the Professional Identification Card, including the Professional Tax Receipt (PTR) number on the documents signed, used, or issued in connection with the practice of the profession.
SEC. 23. Practice through Special/Temporary Permit - Special/temporary permit may be issued by the Board subject to the approval of the Commission and to the payment of the fees the latter has prescribed and charged thereof, to the following persons:
1. Licensed Guidance Counselors from foreign countries/states whose services are either for a fee or free:
2. Licensed Guidance Counselors from foreign countries/states whose services shall be free and limited to indigent clients in particular hospitals, centers or clinics;
3. Licensed Guidance Counselors from foreign countries/states employed as exchange professors in any branch or specialty of guidance and counseling in schools, colleges, universities offering the course of guidance and counseling.
The permit shall, among other things, include the above mentioned limitations and conditions for a period of not more than one (1) year subject to renewal, the branch of specialty of guidance and counseling, the specific place of practice such as clinic, hospital, center, school, college/university offering the course of guidance and counseling. The Board, subject to the approval of the Commission, shall prescribe rules and regulations in the implementation of this particular section.
SEC. 24. Denial, Suspension, Revocation of a Certificate of Registration, Cancellation of Special Permit - The application for registration and the issuance of a Certificate of Registration may be denied for any of these causes:
The Certificate of Registration may be revoked or suspended, or the Special Permit may be cancelled for any of the above-enumerated causes including the following: fraudulent acquisition of Certificate of Registration and/or Professional Identification Card, or Special Permit; abetment or tolerance of illegal practice by unqualified persons through the use by the latter of the Guidance Counselor s Certificate of Registration and/or Professional Identification Card or Special Permit; violation of any provisions of R.A. No. 9258, this RR, Code of Ethics, and Code or Manual of Technical Standards for Guidance Counselors; unethical, immoral, dishonorable, unprofessional conduct; malpractice; guilty of drug or alcohol abuse impairing his/her ability and credibility to practice the profession; and practice of the profession during the period of suspension by one whose Certificate of Registration had been suspended by the Board.
No certificate shall be denied, revoked or suspended for any of the reasons herein provided, not until after a sworn complaint in writing and sworn to by the person making it against the applicant or holder thereof shall have been filed with the Board through the Legal and Investigation Office and heard in a public hearing, or upon request behind closed doors by the Board.
Any person, firm, or association may file charges in accordance with the provisions of this section against any registrant, or the Board may motu proprio investigate and/ or take cognizance of acts and practices constituting sufficient cause for suspension or revocation of the Certificate of Registration by proper resolution or order.
The rules on administrative investigation issued by the Commission shall govern the hearing or investigation of the case, subject to applicable provisions of R.A. No. 9258, R.A. No. 8981, PRC Resolution No. 06-342(A), Series of 2006, and the Rules of Court.
SEC. 25. Reinstatement - A person may apply to the Board for reinstatement of a Certificate of Registration after the expiration of one (1) year from the date of revocation of said certificate. The application shall be in writing and shall conform to the requirements provided by the Board. No Certificate shall be reinstated unless the Board shall have been satisfied that a valid cause exists to warrant such reinstatement.
The Board shall issue a Resolution, subject to approval by the Commission, in granting a petition for reinstatement to the practice of a guidance and counseling
SEC. 26. Appeal - The Decision on the denial or refusal to issue a Certificate of Registration or revocation or suspension of the Certificate of Registration, or cancellation of Special Permit by the Board shall be final unless it is appealed to the Commission within fifteen (15) days from receipt of the decision. The decision of the Board and/or Commission may be appealed to the Court of Appeals.
SEC. 27. Prohibition Against the Practice of Guidance and Counseling - No person shall (a) engage in the practice of guidance and counseling without a valid Certificate of Registration and a valid Professional Identification Card or a Special Permit; (b) represent to the public or to third persons as registered and Licensed Guidance Counselor during the time that the Certificate of Registration has been revoked or suspended; and (c) allow anybody to use one s Certificate of Registration and/or Professional Identification Card, or Special Permit as a Guidance Counselor to enable such unqualified individual to engage in the practice of guidance and counseling; Provided, that a person without any of the above-mentioned documents shall practice the profession until after he/her shall have passed the Licensure Examination for Guidance and Counseling in January, 2008 or January 2009 and shall have registered as a Guidance Counselor; or shall have registered under Sec. 14, (Registration Without Examination ), Rule III of this RR.
No corporation, partnership, association or entity shall operate guidance and counseling office, center/clinic, testing center, rehabilitation center, or otherwise engage in the practice of guidance and counseling without first securing a permit from the Board. The permit shall be issued only after it has satisfied the Board that such establishment is properly staffed by duly Registered and Licensed Guidance Counselors.
The partnership or corporation shall be registered with the Security and Exchange Commission (SEC) in accordance with the Corporation Code.
Any unethical practice of guidance and counseling as may be defined in the Code of Ethics and the Code or Manual of Technical Standards to be prepared by the Board in consultation with guidance counselors is prohibited.
SEC. 28. Right to Privileged Communication for Guidance Counselors - A Certified or Registered and Licensed Guidance Counselor who is allowed to practice guidance and counseling in accordance with R.A. No. 9258 cannot, without the consent of the client, be examined as to any communication or information which has been acquired while attending such client. The protection accorded herein shall also extend to the records and secretary or clerk of a Registered and Licensed Guidance Counselor, who may not be examined concerning any fact, the knowledge of which has been acquired in such capacity.
Any evidence obtained in violation of this provision shall be inadmissible for any purpose in any proceeding.
SEC. 29. Foreign Reciprocity - No foreign Guidance Counselor shall be admitted to the examination, or be given a Certificate of Registration, or be entitled to any rights and privileges under R.A. No. 9258 and this RR unless the country or state of which one is a subject or citizen permits Filipino Guidance Counselors to practice within its territorial limits on the same basis as the subject or citizen of said country or state; Provided, that the requirements for certification of Guidance Counselors in said foreign state or country are substantially the same as those required and contemplated under R.A. No. 9258; Provided, Further, that the laws of such state or country grant the same privilege to Filipino Guidance Counselors on the same basis as the subjects or citizens of such foreign state or country.
A foreign citizen, whether he/she studies in the Philippines or not, who desires to take the Licensure Examination for Guidance Counselor through reciprocity shall initiate the establishment of reciprocity between his/her country/state and the Philippines by presenting/submitting a letter or any document signed and under official seal by the appropriate official of his/her country/state requesting the Chairman of the Board to allow the foreign applicant to take the Board Licensure Examination for Guidance Counselors that by express provision of the law of his/her country/state , Filipino citizens shall be allowed to take the Licensure Examination for Guidance Counselors and to register as Guidance Counselor in his/her country/state on terms of strict and absolute equality with the citizens or subjects of said country or state including the unconditional recognition of prerequisite degrees issued by institutions of higher learning duly recognized or established by the Government of the Republic of the Philippines attaching/appending thereto an authentic or authenticated official copy of said law officially translated in the English language.
If the letter/document and the copy of the law submitted by the applicant is satisfactory to the Board, the Board shall issue a Resolution allowing the foreign applicant to take the Board Licensure Examination for Guidance Counselors by requiring him/her to file an application to take the Licensure Examination and by submitting the following documents that shall accompany the application:
a) The original or certified copy of any official document issued by the Bureau of Immigration and Deportation allowing the applicant to enter and reside in the Philippines;
b) Present his/her passport for examination and for photocopying of pertinent information about the applicant;
c) Original or authenticated copy of transcript of records or equivalent document of the course for Licensure Examination issued by the institution of higher learning where he/ she studied, duly authorized or accredited by his/her country/state; and
d) Other documents which may be required to be submitted by the Board.
SEC. 30. Funding Provision - The Chairperson of the Professional Regulation Commission shall include in the Commission s program the implementation of R.A. No. 9258, the funding of which shall be included in the General Appropriation Act (GAA).
The amount necessary to carry out the initial implementation of R.A. No. 9258 shall be charged against the current year s Appropriations of the Professional Regulation Commission. Thereafter, such sums as may be necessary for the continued implementation of R.A. No. 9258 shall be included in the succeeding GAA.
SEC. 31. Assistance of Law Enforcement Agency - Any duly authorized law enforcement agency 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 R.A. No. 9258 and this RR thereof and to prosecute the violators in accordance with law and the Rules of Court.
SEC. 32. Rules and Regulations - Upon the creation thereof in January 26, 2007, the Board shall, subject to approval by the Commission, promulgate the necessary rules and regulations in coordination with the Accredited Professional Organizations (APO), either the Interim APO or the Registered and Accredited Integrated National Organization of Registered and Licensed Guidance Counselors, in implementing the provisions of R.A. No. 9258.
SEC. 33. Penalty Clause - Any person who violates any provision of R.A. No. 9258 and this RR, or who commits fraud in the acquisition of Certificate of Registration, Professional Identification Card, or Special Permit shall be punished with imprisonment of not less than six (6) months but not more than eight (8) years or a fine not less than fifty thousand pesos (P50,000) but not more than one hundred thousand pesos (P100,000), or both in the discretion of the court.
SEC. 34. Separability Clause - If any part of this RR is declared unconstitutional or invalid, the remaining part(s) not affected thereby, if separable, shall continue to be valid, enforceable, and operational.
SEC. 35. Repealing Clause - Any provision(s) of the rules, regulations, codes, orders, resolutions, measures, and other policies or part(s) thereof issued and promulgated pursuant to P.D. No. 223 (as amended), R.A. No. 8981, and other laws which are inconsistent with this Rules and Regulations of the Guidance Counseling Act of 2004 , in short the RR of R.A. No. 9258 , or RR GCA 2004 , or RR are hereby superseded, repealed, or amended accordingly.
SEC. 36. Effectivity - This RR of R.A. No. 9258 shall take effect after fifteen (15) days following its full and complete publication in the Official Gazette or any newspapers of general circulation in the Philippines.
Adopted: 31 Aug. 2007
RULE I
Short Title, Declaration of Policy, and Definition of Terms
Short Title, Declaration of Policy, and Definition of Terms
SECTION 1. Short Title - This Resolution shall be known in short as the Rules and Regulations of the Guidance and Counseling Act of 2004 , hereinafter referred to as RR of R.A. No. 9258 , RRGCA 2004 , or RR.
SEC. 2. Declaration of Policy - It is hereby declared the policy of the State to promote the improvement, advancement, and protection of the guidance and counseling profession by undertaking and instituting measures that will result in professional, ethical, relevant, efficient, and effective guidance and counseling services for the development and enrichment of individuals and groups.
The State recognizes the important role of Guidance Counselors in nation building and promotes the sustained development of a reservoir of licensed Guidance Counselors whose competence has been determined by honest and credible Licensure Examinations and whose standards of professional practice and service are world-class, and internationally recognized through preventive regulatory measures and programs and activities that foster continuing professional development.
This RR of R.A. No. 9258 shall be interpreted, construed, and carried out in the light of the Declaration of Policy in Sec. 2, Art. I of R.A. No. 9258.
SEC. 3. Definition of Terms - As used in this RR, these terms are construed as follows:
a. Guidance and Counseling. The Profession that involves the use of an integrated approach to the development of a well-functioning individual primarily by helping him/her to utilize him/her potentials to the fullest and plan his/her present and future in accordance with his/her abilities, interests, and needs.
It includes functions such as counseling, psychological testing, (i.e. personality, career, interest, aptitude, mental ability, achievement), learning and study orientation, research, placement, referral and group processes. It includes the teaching of guidance and counseling subjects, particularly those covered in the Licensure Examinations and necessary in other human development services.
b. Counseling. In keeping with the development in the profession, the term, counseling , to the layman, is considered synonymous to, and interchangeable with, guidance and counseling, but to professional counselors, it is a face-to-face helping relationship. It is a mission of service.
c. Guidance Counselor. A natural person who has been registered and issued a valid Certificate of Registration and a valid Professional Identification Card by the Professional Regulatory Board of Guidance and Counseling and Professional Regulation Commission in accordance with R.A. No. 9258 and who, by virtue of specialized training, perform for a fee, salary, or other forms of compensation the functions of guidance and counseling under Section 3 (a) of R.A. No. 9258.
d. Board. Refers to the Professional Regulatory Board of Guidance and Counseling created under Section 4, Art. II of R.A. No. 9258.
e. Commission. Refers to the Professional Regulation Commission created under Section 3 of R.A. No. 8981, called as the PRC Modernization Act of 2000 .
f. Interim Accredited Professional Organization (IAPO). This refers to the Philippine Guidance and Counseling Association, Inc. (PGCA), an organization of guidance counselors granted by the Commission with a Certificate of Accreditation.
g. Registered and Accredited Integrated National Organization of Registered and Licensed Guidance Counselors. This refers to the one and only integrated national organization of registered and licensed guidance counselors accredited by the Board subject to approval by the Commission, issued thereby with a Certificate of Accreditation as professional organization, and known as the Accredited Professional Organization (APO).
RULE II
Professional Regulatory Board of Guidance and Counseling
Professional Regulatory Board of Guidance and Counseling
SEC. 4. Creation of the Professional Regulatory Board of Guidance and Counseling. There shall be created a Professional Regulatory Board of Guidance and Counseling hereinafter referred to as the Board, under the administrative control and supervision of the Professional Regulation Commission, hereinafter referred to as the Commission, to be composed of a Chairman and two (2) Members who shall be appointed by the President of the Philippines from among a list of three (3) recommendees for each position submitted by Interim Accredited Professional Organization of guidance counselors or the registered and accredited integrated national organization of registered and licensed guidance counselors.
SEC. 5. Powers, Functions, Duties and Responsibilities of the Board - The Board shall have the following specific powers, functions, duties, and responsibilities:
a. Supervise and regulate the practice of Guidance and Counseling;
b. Determine and evaluate the qualifications of the applicants for registration with or without Licensure Examination and for issuance of special permits;
c. Prepare the examination questions in accordance with Section 15, Article III of R.A. No. 9258 or Section 15, Rule III of the RR thereof or the modifications thereof, and correct and rate examination papers through the process of computerization;
d. Prepare, adopt, issue, or amend the syllabi for the subjects in the licensure examination in consultation with the Commission on Higher Education (CHED), the Academe, and the IAPO or APO;
e. Register successful examinees in the Licensure Examinations for Guidance Counselors and issue thereto their corresponding Certificates of Registration;
f. Issue special/temporary permits to foreign guidance counselors to practice guidance and counseling and to research for specific projects and for a specific duration of time for a fee, or on medical mission without fee;
g. Monitor the conditions affecting the practice of guidance and counseling, conduct ocular inspection of places where Guidance Counselors practice their profession, and adopt measures for the enhancement of the profession and the maintenance of high professional technical and ethical standards.
h. Ensure in coordination with CHED, that all educational institutions offering the course/ program in guidance and counseling comply with the policies, standards, and requirements of the said course prescribed by CHED in the areas of curriculum, faculty, library, practicum facilities, and student services;
i. Promulgate Rules and Regulations including the Code of Ethics for Guidance Counselors, the Code or Manual of Technical Standards for Guidance Counselors, and administrative policies, orders, and issuances to carry out the provisions of R.A. No. 9258;
j. Investigate violations of R.A. No. 9258, this RR thereof, the Code of Ethics for Guidance Counselors, Code or Manual of Technical Standards, administrative policies, orders, and issuances promulgated by the Board. The rule on administrative investigation promulgated by the Commission shall govern in such investigation;
k. Issue subpoena or subpoena duces tecum to secure the attendance of the respondents or witnesses, or the production of documents relative to the investigation conducted by the Board;
l. Render decision, order, or resolution on preliminary investigation or inquiry against violators of R.A. No. 9258, this RR, the Code of Ethics for Guidance Counselors, Code or Manual of Technical Standards, or any policies, and on docketed administrative cases against examinees or registrants, which shall become final and executory unless appealed with the Commission within (15) days from receipt of the copy thereof;
m. Issue, suspend, revoke, or re-issue any certificate of registration for the practice of guidance and counseling as defined in R.A. No. 9258;
n. Administer oath necessary for the effective implementation of the R.A. No. 9258;
o. Initiate criminal action against any violator of R.A. No. 9258 and/or the RR thereof;
p. Adopt the official seal of the Board;
q. Prescribe guidelines and criteria on the continuing professional education (CPE) for Guidance Counselors;
r. Adopt such measures necessary and proper for the maintenance of high ethical and professional standards in the practice of the profession; and
s. Perform such other functions and duties as may be necessary to effectively implement this RR of R.A. No. 9258 .
The policies, resolutions, and rules and regulations issued or promulgated by the Board shall be subject to review and approval by the Commission; however, the Board s decisions, resolutions or orders which are not interlocutory, rendered in an administrative case shall be subject to review only if on appeal with the Commission. The decision of the Board and/or the Commission may be appealed to the Court of Appeals in accordance with the Rules of Court.
Duties of Chairman and Members. The chairman shall preside at all meetings and sign all official documents, letters, correspondence involving important matters and policies of the Board including summons, subpoena or subpoena duces tecum. In case of temporary incapacity or absence of the chairman, it shall be the duty of the members of the Board to attend all meetings particularly when the purpose of such meeting is to deliberate on the results of examinations or questions involving important policies of the Board.
Meetings. Regular monthly meetings shall be held. Special meeting may be held as often as may be necessary at the discretion of the chairman or upon the request of the majority of the Board.
Quorum. All members shall attend the meetings of the Board, except for unavoidable circumstances, in which case two members of the Board may be sufficient to constitute a quorum for the transaction of official business.
SEC. 6. Qualification of the Board Members - The chairman and members of the Board, at the time of their appointment, shall:
a. Be a citizen of the Republic of the Philippines;
b. Be a resident of the Philippines for at least five (5) years immediately prior to his/her appointment;
c. Be of good moral character and must not have been convicted of any crime involving moral turpitude;
d. Be a qualified guidance counselor holding a valid certificates of registration and a valid professional identification card: Provided, That in the case of the first members of the Board, they shall be issued certificate of registration and professional identification cards as guidance counselors without prior examination;
e. Be a holder of a doctoral degree in guidance and counseling from a reputable and accredited college or university duly recognized by the Commission on Higher Education (CHED) and/or by a duly accredited college or university abroad;
f. Have at least ten (10) years of continuous professional practice as a guidance counselor and/or counselor educator under R.A. No. 9258;
g. Not be a member of the faculty of any school, college or university where regular and/ or review courses in guidance and counseling education is taught nor have any pecuniary interest in such institution; before taking his/her oath of office, he/she shall resign from his/her position therein; and
h. Not be an official or a member of the Board of Trustee of the integrated and accredited national organization of guidance counselors.
SEC. 7. Term of Office - The members of the Board shall hold office for a term of three (3) years until their successors shall have been appointed and qualified: They may, however, be reappointed for a second term. Of the members to be appointed for the first Board, one (1) shall hold office as chairman for three (3) years, one (1) as a member for two years, and one (1) member for a term of one (1) year. Any vacancy in the Board shall be filled for the unexpired portion of the term only. Each member shall take the proper oath prior to the assumption of duty.
SEC. 8. Administrative Supervision of the Board - Custodian of its Records, Secretariat, and Support Services - All records of the Board, including applications for examination and administrative and other investigative cases shall be under the custody of the Commission. The Commission shall designate the Secretary of the Board and shall provide the secretariat and support services to implement the provisions of R.A. No. 9258, and this RR .
SEC. 9. Compensation and Allowance of the Board - The chairman and members of the Board shall receive compensation and allowances comparable to the compensation and allowances received by the chairman and members of existing Professional Regulatory Boards under the Commission as provided for in R.A. No. 8981 and the General Appropriations Act.
SEC. 10. Grounds for Suspension and Removal of Board Members - The President of the Philippines, upon recommendation of the Commission, after giving the concerned member an opportunity to defend himself/herself in a proper administrative investigation to be conducted by the Commission, may remove or suspend any member on the following grounds:
a. Neglect of duty or incompetence;
b. Violation or tolerance of violation of R.A. No. 9258, the RR thereof, the Code of Ethics and the Code or Manual of Professional and Technical Standards for Guidance Counselors;
c. Conviction by final judgment of crimes involving moral turpitude;
d. Manipulation or rigging of the Board licensure examination for guidance counselors results, disclosure of secret information, or the examination questions prior to the conduct of the said examination, or tampering of grades therein; or
e. Conviction by final judgment of any criminal offense by the courts.
The Commission in the conduct of the investigation shall be guided by Sec. 7(s) of R.A. No. 8981 and PRC Resolution No. 06-342(A), Series of 2006.
SEC. 11. Annual Report - The chairman of the Board shall, after the close of the fiscal year, submit an annual report to the Commission, giving a detailed accounting of the proceedings of the Board during the year and embodying such recommendations as the Body may desire to make.
RULE III
Examination, Registration, and Licensure
Examination, Registration, and Licensure
SEC. 12. Examination Required - All applicants for registration for the practice of guidance and counseling shall be required to undergo a Board Licensure Examination for Guidance Counselors to be given by the Board and the Commission in such places and dates as the Commission may designate in accordance with R.A. No. 8981 subject to compliance with the requirements prescribed by the Commission.
Form of Application - An application for examination and registration must be properly accomplished in hand writing of the applicant on the PRC form and shall be filed not later than twenty (20) days in the Central Office, or not later than thirty (30) working days in the Regional Office, before the date of the examination. A recent photo with name tag must be attached. Prescribed fees must be paid.
Approval of Application - The PRC Application Division shall go over the application. At least two (2) Members of the Board shall approve the application. In the case the former cannot do so, the Application Division shall satisfy itself that each applicant possesses the qualifications prescribed by R.A. No. 9258 and this RR.
SEC. 13. Qualifications of Applicants - To qualify for the examination, an applicant at the time of the filing of the application must:
a. Be a citizen of the Philippines, or a foreigner whose country has reciprocity with the Philippines for the practice of guidance and counseling; Provided, that the country of which he/she is a subject or citizen permits Filipino Counselors to practice within its territorial limits on the same basis as the subject or citizen of such country; Provided, Further, that the requirements for admission to and from said country are substantially the same as those provided under R.A. No. 9258;
b. Not have been convicted of an offense involving moral turpitude; and
c. Be a graduate of a baccalaureate in guidance and counseling or in other allied discipline/degree from an accredited college or university with subject units covering those in Sec. 15, Rule III of this RR and a holder of an MA, MAEd, MAT, or MS, in guidance and counseling the curriculum of which covers the core subjects in guidance and counseling on the masteral level, or those in Sec. 15, Rule III of this RR; or a holder of the PhD or Ed.D in guidance and counseling, the curriculum of which covers the core subjects in guidance and counseling on the doctoral level, or those in Sec. 15, Rule III of this RR.
The following documents shall be submitted in support of the above requirements:
(a) Certificate of Live Birth in National Statistics Office (NSO) Security Paper,
(b) Marriage Contract in NSO Security Paper for married female applicants,
(c) College Diploma with indication therein of graduation date and Special Order Number unless it is not required.
(d) Transcript of Records with indication therein of date of graduation and Special Order Number unless the latter is not required; and
(e) National Bureau of Investigation (NBI) Clearance.
The Board may require other documents in support of the above qualifications.
SEC. 14. Registration Without Examination - The Board shall grant to any person who possess the pertinent qualifications which will be evaluated and approved upon application and payment of the required fees a Certificate of Registration and Professional Identification Card as a Guidance Counselor without taking the Licensure Examination who ON OR BEFORE March 2, 2004, the date of the effectivity of R.A. No. 9258, possesses the requirements contained in Section 14 of R.A. No. 9258, and who qualifies under any of the following three (3) categories.
a. Had been a Doctoral or a Masteral degree holder in guidance and counseling with at least three (3) years of teaching experience in guidance and counseling course and/or full time counseling practice for the same period.
b. Had passed at least eighteen (18) units of Masteral level core courses in guidance and counseling such as Counseling Theories, Tools, and Techniques, Organization and Administration of Guidance Services, Psychological Tests and Measurement, Group Process/Group Facilitating and Career Guidance; and have, at least seven (7) years of experience in counseling work; and
c. Had completed academic requirements for a Master s degree in guidance and counseling and had five (5) years experience as full-time guidance counselor/part time guidance counselor with officially designated teaching load in guidance and counseling.
The following documents in addition to (a) to (e) enumerated in Sec. 13 hereof shall be submitted in support of the above requirements:
1. Certificate of Good Moral Character from the employer, and two other certifications in her/his community one of which must be issued by the Barangay Captain/Chairman in the community where the applicant resides or works;
2. Ombudsman and NBI clearance for government employed applicants or NBI clearance for private-employee applicants;
3. A Certificate of Active Membership and Good Moral Character from the Accredited Professional Organization (APO) to be issued by the President and two (2) other officers thereof; and
4. Two (2) copies of Passport size I.D. pictures with name tag.
Those who qualify under any of the foregoing categories shall be given two (2) years starting from the creation of the Board of Guidance and Counseling (January 26, 2007) within which to apply for registration without examination under Sec. 14, Art. III of R.A. No. 9258.
SEC. 15. Scope of Examination - The examination shall be in English and shall consist of a written test covering the following subjects:
a. Philosophical, Psychological and Sociological Foundations of Guidance
b. Counseling Theories, Tools and Techniques
c. Psychological Testing
d. Organization, Administration and Supervision of Guidance Services, and Program Development
e. Group Process
f. Career Guidance
SEC. 16. Report of Ratings - The Board shall report the ratings obtained by each candidate to the Commission within ten (10) days after the last day of the examination.
SEC. 17. Ratings in the Examination and Re-examination - To be qualified as having passed the Licensure Examination for Guidance Counselors, a candidate must have obtained a weighted general average of seventy-five percent (75%), with no grade lower than sixty percent (60%), in any given subject. However, an examinee who obtains a weighted average of seventy five percent (75%) or higher but obtains a rating below sixty percent (60%) in any given subjects, must take an examination in the subjects where he/she obtained a grade below sixty percent (60%) within two (2) years from the date of the last examination. The subject or subjects retaken must have each a rating of no less than seventy-five percent (75%) in order to qualify as having passed the examination.
The Board may adopt its own internal procedure on the implementation of this provision.
SEC. 18. Oath Taking - All successful examinees qualified for registration and all qualified applicants for registration without examination shall be required to take the professional oath before any member of the Board or any officer of the Commission authorized by it or any other person authorized by law to administer the oath prior to entering into the practice of guidance and counseling in the Philippines. The successful examinees shall register with the Commission after having taken his/her oath and upon payment of the prescribed fees and shall be issued Certificates of Registration and Professional Identification Card.
SEC. 19. Issuance of Certificate of Registration and Professional Identification Card. - A Certificate of Registration as a Guidance Counselor shall be issued to any applicant who passes the examination or, who is registered without examination, bearing the signature of the Commission Chairperson and the Chairman and Members of the Board, and the official seal of the Board and of the Commission.
A Professional Identification Card bearing the registration number, date of issuance, expiry date, duly signed by the Commission Chairperson, shall likewise be issued to every registrant who has paid the prescribed fee.
SEC. 20. Roster of Guidance Counselors - The Board, in coordination with the Accredited Professional Organization (APO), shall keep the roster of the names, residences and office addresses of all registered and licensed Guidance Counselors and the said roster shall be made available to the public upon request.
SEC. 21. Integration of Guidance Counselors. All registered and licensed Guidance Counselors whose names appear in the roster of Guidance Counselors shall be united and integrated through their automatic membership in the one (1) and only registered and accredited national organization which the Board, subject to approval by the Commission, shall recognize and accredit after consultation with all existing organizations of registered and licensed Guidance Counselors and, if, possible with all those who are not members of any of the said organization. The members of the said integrated and accredited national organization shall receive benefits and privileges appurtenant thereto upon payment of prescribed fees and dues. Membership in the accredited integrated national organization shall not be a bar to membership in any other professional guidance association.
SEC. 22. Indication of Certification and Registration Number and Professional Tax Receipts (PTR) - The Guidance Counselor shall be required to indicate the number of the certificate of registration, the date of issuance, the period of validity of the Professional Identification Card, including the Professional Tax Receipt (PTR) number on the documents signed, used, or issued in connection with the practice of the profession.
SEC. 23. Practice through Special/Temporary Permit - Special/temporary permit may be issued by the Board subject to the approval of the Commission and to the payment of the fees the latter has prescribed and charged thereof, to the following persons:
1. Licensed Guidance Counselors from foreign countries/states whose services are either for a fee or free:
(a) If they are internationally well-known Guidance Counselors or outstanding experts in any branch or specialty of guidance and counseling; and
(b) If their services are urgently and importantly necessary for lack of local specialists/experts for the promotion or advancement of the practice of guidance and counseling through transfer of technology.
2. Licensed Guidance Counselors from foreign countries/states whose services shall be free and limited to indigent clients in particular hospitals, centers or clinics;
3. Licensed Guidance Counselors from foreign countries/states employed as exchange professors in any branch or specialty of guidance and counseling in schools, colleges, universities offering the course of guidance and counseling.
The permit shall, among other things, include the above mentioned limitations and conditions for a period of not more than one (1) year subject to renewal, the branch of specialty of guidance and counseling, the specific place of practice such as clinic, hospital, center, school, college/university offering the course of guidance and counseling. The Board, subject to the approval of the Commission, shall prescribe rules and regulations in the implementation of this particular section.
SEC. 24. Denial, Suspension, Revocation of a Certificate of Registration, Cancellation of Special Permit - The application for registration and the issuance of a Certificate of Registration may be denied for any of these causes:
a. Conviction of an offense involving moral turpitude by a competent court;
b. Finding of guilt by the Professional Regulatory Board for immoral and/or dishonorable conduct; and
c. Declaration by the court of the applicant as being insane.
The Certificate of Registration may be revoked or suspended, or the Special Permit may be cancelled for any of the above-enumerated causes including the following: fraudulent acquisition of Certificate of Registration and/or Professional Identification Card, or Special Permit; abetment or tolerance of illegal practice by unqualified persons through the use by the latter of the Guidance Counselor s Certificate of Registration and/or Professional Identification Card or Special Permit; violation of any provisions of R.A. No. 9258, this RR, Code of Ethics, and Code or Manual of Technical Standards for Guidance Counselors; unethical, immoral, dishonorable, unprofessional conduct; malpractice; guilty of drug or alcohol abuse impairing his/her ability and credibility to practice the profession; and practice of the profession during the period of suspension by one whose Certificate of Registration had been suspended by the Board.
No certificate shall be denied, revoked or suspended for any of the reasons herein provided, not until after a sworn complaint in writing and sworn to by the person making it against the applicant or holder thereof shall have been filed with the Board through the Legal and Investigation Office and heard in a public hearing, or upon request behind closed doors by the Board.
Any person, firm, or association may file charges in accordance with the provisions of this section against any registrant, or the Board may motu proprio investigate and/ or take cognizance of acts and practices constituting sufficient cause for suspension or revocation of the Certificate of Registration by proper resolution or order.
The rules on administrative investigation issued by the Commission shall govern the hearing or investigation of the case, subject to applicable provisions of R.A. No. 9258, R.A. No. 8981, PRC Resolution No. 06-342(A), Series of 2006, and the Rules of Court.
SEC. 25. Reinstatement - A person may apply to the Board for reinstatement of a Certificate of Registration after the expiration of one (1) year from the date of revocation of said certificate. The application shall be in writing and shall conform to the requirements provided by the Board. No Certificate shall be reinstated unless the Board shall have been satisfied that a valid cause exists to warrant such reinstatement.
The Board shall issue a Resolution, subject to approval by the Commission, in granting a petition for reinstatement to the practice of a guidance and counseling
SEC. 26. Appeal - The Decision on the denial or refusal to issue a Certificate of Registration or revocation or suspension of the Certificate of Registration, or cancellation of Special Permit by the Board shall be final unless it is appealed to the Commission within fifteen (15) days from receipt of the decision. The decision of the Board and/or Commission may be appealed to the Court of Appeals.
RULE IV
Practice of Guidance and Counseling
Practice of Guidance and Counseling
SEC. 27. Prohibition Against the Practice of Guidance and Counseling - No person shall (a) engage in the practice of guidance and counseling without a valid Certificate of Registration and a valid Professional Identification Card or a Special Permit; (b) represent to the public or to third persons as registered and Licensed Guidance Counselor during the time that the Certificate of Registration has been revoked or suspended; and (c) allow anybody to use one s Certificate of Registration and/or Professional Identification Card, or Special Permit as a Guidance Counselor to enable such unqualified individual to engage in the practice of guidance and counseling; Provided, that a person without any of the above-mentioned documents shall practice the profession until after he/her shall have passed the Licensure Examination for Guidance and Counseling in January, 2008 or January 2009 and shall have registered as a Guidance Counselor; or shall have registered under Sec. 14, (Registration Without Examination ), Rule III of this RR.
No corporation, partnership, association or entity shall operate guidance and counseling office, center/clinic, testing center, rehabilitation center, or otherwise engage in the practice of guidance and counseling without first securing a permit from the Board. The permit shall be issued only after it has satisfied the Board that such establishment is properly staffed by duly Registered and Licensed Guidance Counselors.
The partnership or corporation shall be registered with the Security and Exchange Commission (SEC) in accordance with the Corporation Code.
Any unethical practice of guidance and counseling as may be defined in the Code of Ethics and the Code or Manual of Technical Standards to be prepared by the Board in consultation with guidance counselors is prohibited.
SEC. 28. Right to Privileged Communication for Guidance Counselors - A Certified or Registered and Licensed Guidance Counselor who is allowed to practice guidance and counseling in accordance with R.A. No. 9258 cannot, without the consent of the client, be examined as to any communication or information which has been acquired while attending such client. The protection accorded herein shall also extend to the records and secretary or clerk of a Registered and Licensed Guidance Counselor, who may not be examined concerning any fact, the knowledge of which has been acquired in such capacity.
Any evidence obtained in violation of this provision shall be inadmissible for any purpose in any proceeding.
SEC. 29. Foreign Reciprocity - No foreign Guidance Counselor shall be admitted to the examination, or be given a Certificate of Registration, or be entitled to any rights and privileges under R.A. No. 9258 and this RR unless the country or state of which one is a subject or citizen permits Filipino Guidance Counselors to practice within its territorial limits on the same basis as the subject or citizen of said country or state; Provided, that the requirements for certification of Guidance Counselors in said foreign state or country are substantially the same as those required and contemplated under R.A. No. 9258; Provided, Further, that the laws of such state or country grant the same privilege to Filipino Guidance Counselors on the same basis as the subjects or citizens of such foreign state or country.
A foreign citizen, whether he/she studies in the Philippines or not, who desires to take the Licensure Examination for Guidance Counselor through reciprocity shall initiate the establishment of reciprocity between his/her country/state and the Philippines by presenting/submitting a letter or any document signed and under official seal by the appropriate official of his/her country/state requesting the Chairman of the Board to allow the foreign applicant to take the Board Licensure Examination for Guidance Counselors that by express provision of the law of his/her country/state , Filipino citizens shall be allowed to take the Licensure Examination for Guidance Counselors and to register as Guidance Counselor in his/her country/state on terms of strict and absolute equality with the citizens or subjects of said country or state including the unconditional recognition of prerequisite degrees issued by institutions of higher learning duly recognized or established by the Government of the Republic of the Philippines attaching/appending thereto an authentic or authenticated official copy of said law officially translated in the English language.
If the letter/document and the copy of the law submitted by the applicant is satisfactory to the Board, the Board shall issue a Resolution allowing the foreign applicant to take the Board Licensure Examination for Guidance Counselors by requiring him/her to file an application to take the Licensure Examination and by submitting the following documents that shall accompany the application:
a) The original or certified copy of any official document issued by the Bureau of Immigration and Deportation allowing the applicant to enter and reside in the Philippines;
b) Present his/her passport for examination and for photocopying of pertinent information about the applicant;
c) Original or authenticated copy of transcript of records or equivalent document of the course for Licensure Examination issued by the institution of higher learning where he/ she studied, duly authorized or accredited by his/her country/state; and
d) Other documents which may be required to be submitted by the Board.
RULE V
General Provisions
General Provisions
SEC. 30. Funding Provision - The Chairperson of the Professional Regulation Commission shall include in the Commission s program the implementation of R.A. No. 9258, the funding of which shall be included in the General Appropriation Act (GAA).
The amount necessary to carry out the initial implementation of R.A. No. 9258 shall be charged against the current year s Appropriations of the Professional Regulation Commission. Thereafter, such sums as may be necessary for the continued implementation of R.A. No. 9258 shall be included in the succeeding GAA.
SEC. 31. Assistance of Law Enforcement Agency - Any duly authorized law enforcement agency 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 R.A. No. 9258 and this RR thereof and to prosecute the violators in accordance with law and the Rules of Court.
SEC. 32. Rules and Regulations - Upon the creation thereof in January 26, 2007, the Board shall, subject to approval by the Commission, promulgate the necessary rules and regulations in coordination with the Accredited Professional Organizations (APO), either the Interim APO or the Registered and Accredited Integrated National Organization of Registered and Licensed Guidance Counselors, in implementing the provisions of R.A. No. 9258.
SEC. 33. Penalty Clause - Any person who violates any provision of R.A. No. 9258 and this RR, or who commits fraud in the acquisition of Certificate of Registration, Professional Identification Card, or Special Permit shall be punished with imprisonment of not less than six (6) months but not more than eight (8) years or a fine not less than fifty thousand pesos (P50,000) but not more than one hundred thousand pesos (P100,000), or both in the discretion of the court.
SEC. 34. Separability Clause - If any part of this RR is declared unconstitutional or invalid, the remaining part(s) not affected thereby, if separable, shall continue to be valid, enforceable, and operational.
SEC. 35. Repealing Clause - Any provision(s) of the rules, regulations, codes, orders, resolutions, measures, and other policies or part(s) thereof issued and promulgated pursuant to P.D. No. 223 (as amended), R.A. No. 8981, and other laws which are inconsistent with this Rules and Regulations of the Guidance Counseling Act of 2004 , in short the RR of R.A. No. 9258 , or RR GCA 2004 , or RR are hereby superseded, repealed, or amended accordingly.
SEC. 36. Effectivity - This RR of R.A. No. 9258 shall take effect after fifteen (15) days following its full and complete publication in the Official Gazette or any newspapers of general circulation in the Philippines.
Adopted: 31 Aug. 2007
(SGD.) RHODELIA L. GABRIEL Chairman |
|
(SGD.) LUZVIMINDA S. GUZMAN Member |
(SGD.) LILY ROSQUETA-ROSALES Member |
| ATTESTED BY: |
|
(SGD.) CARLOS G. ALMELOR Secretary, Professional Regulatory Boards |
|
APPROVED: |
|
(SGD.) LEONOR TRIPON-ROSERO Chairperson |
|
(SGD.) NILO L. ROSAS Commissioner |
(SGD.) RUTH R. PADILLA Commissioner |