Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand eighteen.
REPUBLIC ACT No. 11131
AN ACT REGULATING THE PRACTICE OF CRIMINOLOGY PROFESSION IN THE PHILIPPINES, AND APPROPRIATING FUNDS THEREFOR, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 6506, OTHERWISE KNOWN AS "AN ACT CREATING THE BOARD OF EXAMINERS FOR CRIMINOLOGISTS IN THE PHILIPPINES"
Be it enacted by the Senate and House of Representatives of the Philippine Congress assembled:
TITLE, POLICY, OBJECTIVES, TERMS AND PRACTICE
Section 1. Title. - This Act shall be known as "The Philippine Criminology Profession Act of 2018".
Section 2. Statement of Policy. - The State recognizes the importance of criminology profession in national security, public safety, peace and order, and in nation-building and development. Hence, it shall develop and nurture competent, virtuous, productive and well-rounded criminologists whose standards of professional practice and service shall be excellent, qualitative, world-class and globally competitive through sacred, honest, effective and credible licensure examinations, coupled with programs and activities that would promote professional growth and development.
Section 3. Objectives. - This Act shall govern:
(a) The examination, registration and licensure for criminologists;
(b) The supervision, control and regulation of the practice of criminology;
(c) The standardization and regulation of criminology education;
(d) The development of the professional competence of criminologists through Continuing Professional Development (CPD); and
(e) The integration of all criminology professional groups, and membership of all registered criminologists to the accredited professional organization.
Section 4. Definition of Terms. - As used in this Act, the following terms shall be defined as follows:
(a) APO refers to the Accredited Professional Organization of criminologists, that the Professional Regulatory Board of Criminology created hereunder and, hereinafter referred to as the Board, as the one and only recognized and accredited integrated national organization of criminologists, subject to the approval of the Professional Regulation Commission (PRC) hereinafter referred to as the Commission created under Republic Act No. 8981, otherwise known as the "PRC Modernization Act of 2000";
(b) Board refers to the Professional Regulatory Board for Criminologists created hereunder;
(c) CHED refers to the Commission on Higher Education (CHED) created under Republic Act No. 7722, otherwise known as "Higher Education Act of 1994", in the formulation of policy standards, and monitoring of the criminology education in the country, which shall be assisted by the Criminology Technical Panel composed of the president of the APO, Chairperson of the Board of Criminology, one (1) from the academe, and two (2) from the law enforcement agencies;
(d) Commission refers to Professional Regulation Commission (PRC) hereinafter referred to as the Commission created under Republic Act No. 8981, otherwise known as the "PRC Modernization Act of 2000";
(e) Criminology refers to the scientific study of crimes, criminals, and victims, it also deals with the prevention, and solution of crimes;
(f) Profession refers to the art and science in the practice of criminology discipline; and,
(g) Registered criminologist refers to a natural person who holds a valid certificate of registration and an updated professional identification card as criminologist issued by the Board and the Commission pursuant to this Act.
Section 5. Scope of Practice. - The practice of criminology shall include, but shall not be limited to, acts or activities performed:
(a) In line with the practice of profession or occupation as a law enforcement administrator, executive, adviser, consultant, officer, investigator, agent or employee in any private or government agencies performing law enforcement and quasi-police functions at the Philippine National Police (PNP), the National Bureau of Investigation (NBI), the Philippine Drug Enforcement Agency (PDEA), the Bureau of Fire Protection (BFP), the Bureau of Jail Management and Penology (BJMP), the Provincial Jail, the Bureau of Corrections (BUCOR), the Probation and Parole Administration (PPA), the Bureau of Internal Revenue (BIR), the Bureau of Customs (BoC), the Bangko Sentral ng Pilipinas (BSP), other government and private banks, the Philippine Postal Corporation (PPC), the Sea and Air Marshalls, the VIP Security, Airport and Seaport Police, the National Intelligence Coordinating Agency (NICA), the Intelligence Service of the Armed Forces of the Philippines (ISAFP), and other intelligence service or agencies of the government exercising similar functions;
(b) In line with the practice of teaching profession such as those performed by a professor, instructor or teacher in any university, college or school duly recognized by the government of any of the following professional and component subjects of the criminology program: (1) Criminal Jurisprudence and Procedure; (2) Criminalistics; (3) Law Enforcement Administration; (4) Crime Detection and Investigation; (5) Correctional Administration; and (6) Criminal Sociology and Ethics, and other technical and specialized subjects in the criminology curriculum provided by the CHED;
(c) As a technician, examiner/criminalist, or specialist in dactyloscopy, questioned document, deoxyribonucleic acid (DNA), lie detection, firearms identification, forensic photography, forensic chemistry and other scientific crime detection and investigation;
(d) As a correctional administrator, executive, supervisor, or officer in any rehabilitation, correctional, and penal institution or facility, and in any community-based corrections, and rehabilitation agencies and/or programs;
(e) As a counsellor, consultant, adviser or researcher in any government or private agency on any aspect of criminological research or project involving the causes of crime, children in conflict with the law, treatment of offenders, police operations, law enforcement administration, scientific criminal investigation or public safety and national security administration; and
(f) As a private investigator, administrator, consultant or agent, or detective in any private security and investigation agency organized under the laws of the Philippines.
The Board, in consultation with the APO and the academe, subject to the approval of the Commission, may revise, exclude from or add to the above enumerated acts or activities as the need arises to conform with the latest trends in the practice of criminology in the country.
PROFESSIONAL REGULATORY BOARD FOR CRIMINOLOGISTS
Section 6. Creation, and Composition of the Professional Regulatory Board for Criminologists. - There is hereby created a Professional Regulatory Board for Criminologists, a collegial body under the administrative supervision and control of the Commission, to be composed of a Chairperson and four (4) members appointed by the President of the Philippines from a list of three (3) recommendees for each position, chosen and ranked by the Commission from a list of three (3) nominees for every position endorsed by the APO. The new Board shall be organized not later than six (6) months from the effectivity of this Act.
Section 7. Qualifications of the Chairperson and Members of the Board. - The Chairperson and each member shall, at the time of their appointment, possess all these qualifications:
(a) Must be a natural-born Filipino citizen and a resident of the Philippines;
(b) Must be of good moral character, good reputation and of sound mind and body;
(c) Not convicted by a court of competent jurisdiction of any offense involving moral turpitude;
(d) Must be a graduate of Bachelor of Science in Criminology, and a holder of a Post-Graduate Degree in Criminology or a lawyer in any reputable school recognized by the CHED;
(e) Must be a registered criminologist with a valid certificate of registration and a valid professional identification card, having at least ten (10) years of practice in the profession prior to the appointment including no less than two (2) years teaching experience of criminology or law subjects in full-time or part-time capacity in the college of criminology or college of law recognized by the government through the CHED;
(f) Must be a member in good standing of the APO but not an officer or trustee thereof; and
(g) Must not be a member of the faculty of any school, college or university where a regular class or review course in criminology is offered, nor a member of the staff of reviewers in a review school or center, and must not have any direct or indirect pecuniary interest in any such institution.
Section 8. Term of Office. - The Chairperson and members of the Board shall hold office for a term of three (3) years from the date of appointment or until their successors shall have been qualified and appointed. They may be reappointed to the same office for another term of three (3) years immediately after the expiry of their term: Provided, That the holding of such position shall not be more than two (2) terms nor more than six (6) years, whichever is longer: Provided, further, That the first Board under this Act shall hold these terms of office: the Chairperson for three (3) years, the first two (2) members for two (2) years, and the second two (2) members for one (1) year: Provided, finally, That any appointee to a vacancy with an unexpired period shall only serve such period. The Chairperson and the members shall duly take their oath of office.
Section 9. Compensation, Allowances and Other Benefits. - The Chairperson and members of the Board shall receive compensation, allowances and other benefits comparable to that being received by the Chairpersons and members of other Professional Regulatory Boards under the Commission as provided for under Section 10 of Republic Act No. 8981 and other existing laws.
Section 10. Powers, Functions, Duties and Responsibilities of the Board. - The Board shall exercise executive, administrative, rule-making and quasi-judicial powers in carrying out the provisions of this Act. It shall be vested with the following specific powers, functions, duties and responsibilities:
(a) To administer, supervise, and monitor the conduct of the licensure examination, registration, membership in the APO and the practice of criminology in accordance with the provisions of this Act;
(b) To receive complaints and decide the matter as to the malpractices and unethical conduct in the practice of the criminology profession;
(c) To promulgate and issue rules and regulations implementing the provisions of this Act;
(d) To promulgate and adopt Code of Ethics and Code of Good Governance for the practice of criminology;
(e) To adopt an official seal of the Board;
(f) To prescribe and promulgate guidelines on the conduct of a CPD program for criminologists in consultation with the APO;
(g) To promulgate, adopt or amend the syllabi and tables of specifications of the subjects for the licensure examination/s in consultation with the APO, the academe, and the CHED Technical Panel for Criminology, prepare questions for the licensure examination which shall strictly be within the scope of the syllabi of the subjects for examination, as well as administer and correct, and release the results of the licensure examinations;
(h) To issue, suspend, revoke or reinstate the certificate of registration of the registered criminologist or cancel temporary/special permit granted to foreign criminologist;
(i) To administer oaths in the performance of its functions such as, but not limited to, the oath of a professional to successful examinees in licensure examination for criminologist together with the APO in an appropriate mass oath-taking ceremony to be held for the purpose;
(j) To monitor the conditions affecting the practice of criminology and whenever necessary, adopt such measure as may be deemed proper for the enhancement of the profession and the maintenance of high professional, ethical an^ technical standards; for this purpose, the members of the Board, duly authorized by the Commission, may conduct ocular inspection of establishments where criminology is practiced, and recommend sanction as it may deem proper to the appropriate government agency concerned;
(k) To monitor all colleges and universities offering criminology program and recommend sanctions to the CHED or to other authorized government offices, for noncompliance with the policies, standards, and requirements as to faculty qualifications, laboratory, library, facilities and equipment, research outputs, curriculum and administration of the criminology education;
(l) To hear and investigate cases on violations of this Act, its implementing rules and regulations (IRR), the Code of Ethics, the Code of Good Governance and other policies, and for this purpose, to issue summons, subpoena ad testificandum and subpoena duces tecum to alleged violators and/or witnesses to compel their attendance in such hearings or investigations and the production of documents in connection therewith:
(m) To delegate to the Commission the hearing or investigation of cases against the alleged violators: Provided, That the hearing or investigation of cases wherein the issue or question involved strictly concerns the technical practice of criminology shall be presided over by at least one (1) member of the Board assisted by a Legal or Hearing Officer of the Commission;
(n) To recommend to the Commission the endorsement of cases involving criminal violations of this Act, its IRR, and other laws to the Prosecution Office or appropriate government agency, for investigation and appropriate action;
(o) To disqualify applicants for the licensure examination who has been previously convicted of a crime with finality involving moral turpitude. Hear and decide administrative cases against the examinees or registered criminologists if they have been convicted of a crime involving moral turpitude: Provided, That if they are found guilty, the Board shall cancel their examination papers and/or preclude them from taking another licensure examination, or to revoke/suspend their certificates of registration and cause the surrender of their professional identification card subject to the rules and regulations of the PRC: Provided, further, That the decision of the Board shall, unless appealed to the Commission, become final and executory after fifteen (15) days from receipt of notice of judgment or decision;
(p) To conduct, through the Legal or Hearing Officers, summary proceedings against the examinees who commit violations of this Act, its IRR, any of the Codes aforementioned, including violation of the General Instructions to Examinees, and to render summary judgment thereon which shall, unless appealed to the Commission, become final and executory after fifteen (15) days from receipt of notice of judgment or decision;
(q) To prepare an annual report of accomplishments on programs, projects and activities of the Board for submission to the Commission after the close of each calendar year and make appropriate recommendations to the Commission on issues or problems affecting the criminology profession; and
(r) To exercise such other powers as may be provided by law as well as those which may be implied from, or which are incidental or necessary to the effective carrying out of the express powers granted to the Board to achieve the objectives and purposes of this Act. The resolutions, rules and regulations and other policies issued and promulgated by the Board shall be subject for review and approval by the Commission.
However, the Board's decisions, resolutions or orders rendered in an administrative case shall be subject to review only if on appeal.
Section 11. Grounds for Removal or Suspension of Board Chairperson/Member. - The President of the Philippines, upon the recommendation of the Commission, after due process and administrative investigation conducted by the Commission, may remove or suspend the Chairperson or member of the Board on any of the following grounds:
(a) Gross neglect, incompetence or dishonesty in the discharge of one's duty;
(b) Commission of any of the causes/grounds and the prohibited acts provided in this Act and the offenses in the Revised Penal Code, the Anti-Graft and Corrupt Practices Act, and other laws;
(c) Manipulation or rigging of the results in the licensure examination for criminologists, disclosure of secret and confidential information on the examination questions prior to the conduct thereof, or tampering of grades; and
(d) Conviction with final judgment of any crime involving moral turpitude. The Commission, in the conduct of the investigation, shall be guided by Section 7(s) of Republic Act No. 8981, the rules on administrative investigation, and the applicable provisions of the New Rules of Court.
Section 12. Administrative Supervision of the Board; Provision of Support Services. - The Board shall be under the administrative supervision of the Commission. The Commission shall keep all records of the Board including applications for examination, examination papers and results, minutes of deliberation and administrative cases. The Commission shall designate the Secretary of the Board and shall provide the other support services to the Board in order to implement the provisions of this Act.
EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE
Section 13. Passing of Licensure Examination Requirements. - Except as otherwise specifically allowed under this Act, applicants for registration for the practice of criminology shall be required to pass a licensure examination as provided for in this Act, in such places and dates as the Commission may designate in the resolution thereof on the Master Schedules for all licensure examinations in accordance with Section 7(d) of Republic Act No. 8981.
Section 14. Qualifications of an Applicant for the Licensure Examination. - An applicant for the licensure examination for criminologist shall satisfactorily prove that one possesses the following qualifications:
(a) Must be a citizen of the Philippines or a foreign citizen whose country/state has reciprocity with the Philippines in the practice of criminology;
(b) Must be of good moral character, good reputation and of sound mind and body certified by the school wrhere he/she graduated and the barangay where he/she lives, unless the examinee is a foreign national a certification from any professional of good standing will do;
(c) Must hold a bachelor's degree in criminology duly accredited by the CHET) and conferred by a school/college/university duly authorized by the government or its equivalent degree obtained by either a Filipino or foreign citizen from an institution of learning in a foreign country/state: Provided, That it is duly recognized and/or accredited by the CHED;
(d) Must not have been convicted of an offense involving moral turpitude by a court of competent jurisdiction; and
(e) Those who failed five (5) times whether consecutive or cumulative in the criminologist licensure examination, must present a certification issued by a reputable institution duly recognized by the CHED that such applicant has satisfactorily completed a refresher course in criminology.
Section 15. Subjects for Licensure Examination. - The licensure examination for criminologists shall include, but shall not be limited to, the following:
|Subjects Relative Weights
||Criminal Jurisprudence and Procedure:
||Criminal Law (Book I); Criminal Law (Book II); Related Special Penal Laws;
||Law Enforcement Administration:1‚wphi1
||Police Organization and Administration, Police Planning;
||Police Patrol Operations, Police Communication System;
||Police Personnel and Records Management; Comparative Police Systems;
||Industrial Security Management
||Crime Detection and Investigation:
||Fundamentals of Criminal Investigation;
||Special Crime, Organized Crime Investigation; Fire Technology and Arson Investigation;
||Traffic Management and Accident Investigation;
||Drug Education and Investigation;
||Forensic Photography; Personal Identification; Forensic Medicine; Polygraphy; Examination; Forensic Ballistics;
||Institutional Corrections; Non-Institutional Corrections
||Introduction to Criminology and Psychology of Crimes;
||Philippine Criminal Justice System;
||Ethics and Values;
||Juvenile Delinquency and Crime Prevention;
||Human Behavior and Crisis Management; Criminological Research and Statistics
The Board, in consultation with the APO and the academe and subject to the approval of the Commission, may revise or exclude any of the subjects with their corresponding ratings and their syllabi, and add new ones as the need arises to conform with technological changes brought about by developing trends in the profession.
However, the Board may change or revise any of the above subjects in the event the CHED shall correspondingly change the curriculum prescribed for the Degree of Bachelor of Science in Criminology. In the conduct of the examination, the Board, in its discretion, may give practical and field examinations in each subject, as it may deem fit.
Section 16. Persons to Teach Subjects for Licensure Examination. - All subjects for the licensure examination shall be taught by a registered criminologist who is a holder of a valid certificate of registration and updated professional identification card for criminologist, APO membership, and CPD required units earned, and meet other CHED requirements. Allied fields in criminology may also be allowed to teach as it may deem proper.
Section 17. Rating in the Licensure Examination. - To pass the licensure examination for criminologist, a candidate must obtain a weighted average rating of seventy-five percent (75%) with no grade less than sixty percent (60%) in any given subject. In case the examinee obtains a weighted average rating of seventy-five percent (75%) but, has a grade below sixty percent (60%) in any of the subjects, the result of the examinee shall be deferred, and be required to retake that particular subject/s. The deferred examinee shall only be allowed to retake once within two (2) years from the date of the examination, and shall be required to obtain a grade not lower than eighty percent (80%) on the subject, to be considered to have passed the licensure examination. If the examinee failed to retake after the lapse of two (2) years or failed to get the passing mark of eighty percent (80%), the examinee shall retake all the board subjects.
Any examinee who failed three (3) or more board subjects shall be deemed to have failed the board examination.
Section 18. Report of Rating. - The Board shall submit to the Commission the ratings obtained by the candidates not later than ten (10) days after the last day of the examination, unless the period is extended for a valid cause.
Section 19. Oath. - All successful candidates of the licensure examination shall take their oath of profession in person before the Board or any of its members, and with the APO in an oath-taking ceremony held for such purpose. Any person authorized by law may administer oath to any successful examinees only upon membership of the APO prior to entering the practice of the profession.
Section 20. Issuance of Certificate of Registration and Professional Identification Card. - A certificate of registration shall be issued to those who shall register, subject to payment of fees prescribed by the Commission. It shall bear the signatures of the Chairperson and the Commissioners of the Commission and the Chairperson and members of the Board, stamped with the official seal of the Commission and of the Board, certifying that the person named therein is entitled to practice the criminology profession with all the privileges appurtenant thereto. It shall remain in full force and effect until withdrawn, suspended or revoked in accordance with this Act.
A professional identification card bearing the registration number and date, its validity, and expiry duly signed by the Chairperson of the Commission shall likewise be ^issued to every registrant who has paid the prescribed fee. It shall be reissued after every three (3) years upon payment of the prescribed fees, prescribed units earned in the CPD, and certified by the APO as active member.
Section 21. Refusal to Issue Certificate of Registration and Professional Identification Card or Temporary/Special Permit. - The Board shall not register any successful applicant for registration who has been:
(a) Convicted with finality of a crime involving moral turpitude by a court of competent jurisdiction;
(b) Found guilty of immoral or dishonorable conduct by the Board;
(c) Summarily adjudged guilty for violation of the General Instruction to Examinees by the Board; and
(d) Declared of unsound mind by a court of competent jurisdiction. In refusing such registration, the Board' shall give the applicant a written statement setting forth the reasons thereof and shall file a copy in its records.
Section 22. Revocation or Suspension of the Certificate of Registration and Cancellation of Temporary/Special Permit - The Board shall have the power, upon notice and hearing, to revoke or suspend the certificate of registration of a registered criminologist or to cancel a temporary/special permit granted to foreign criminologist for the commission of any of the following acts:
(a) Violation of any provision of this Act, its IRR, the Code of Ethics, the Code of Good Governance, or policy of the Board and/or the Commission;
(b) Conviction of a crime with finality involving moral turpitude;
(c) Perpetration or use of fraud in obtaining one's certificate of registration, professional identification card or temporary/special permit;
(d) Gross incompetence, negligence or ignorance resulting to death or injury of a person, or damage to property;
(e) Nonrenewal of the professional identification card for a period of six (6) years with the PRC without justifiable cause;
(f) Aiding or abetting the illegal practice of a non-registered criminologist by allowing the use of one's certificate of registration and/or professional identification card or temporary/special permit;
(g) Illegally practicing the profession during the suspension from the practice thereof;
(h) Addiction to drugs or alcohol impairing one's ability to practice the profession or a declaration by a court of competent jurisdiction that the registrant is of unsound mind; and
(i) Noncompliance with the CPD and APO requirements, unless one is exempted therefrom, for the renewal of the professional identification card. The Board shall periodically evaluate the aforementioned grounds and revise or exclude or add new ones as the need arises subject to approval by the Commission.
Any person, firm or association may file charge/s in accordance with the provision of this section against any registrant, and the Board may investigate the commission of any of the abovementioned causes. Affidavit-complaint shall be filed together with the affidavits of witnesses and other documentary evidence with the Board through the Legal and Investigation Office. The conduct of an investigation motu proprio shall be embodied in a formal charge to be signed by at least majority of the members of the Board. The rules on administrative investigation issued by the Commission shall govern the hearing or investigation, subject to applicable provisions of this Act, Republic Act No. 8981 and the Rules of Court.
Section 23. Reissuance of Revoked Certificate of Registration, Replacement of Lost or Damaged Certificate of Registration, Professional Identification Card or Temporary/Special Permit - The Board may, upon a verified petition, reinstate or reissue a revoked certificate of registration after two (2) years from the effectivity of the period for revocation, which is the date of surrender of the certificate and/or the professional identification card if still valid to the Board and/or the Commission. The petitioner shall prove to the Board that one has valid reason/s to practice anew the profession. In the granting of the petition, the Board shall issue a Board resolution, subject to approval by the Commissioiy
A certificate of registration, professional identification card or temporary/special permit that has been declared lost may be reissued in accordance with the rules thereon and upon payment of the prescribed fees.
Section 24. Nonpayment of the Annual Registration Fees. - The Board shall suspend a registered criminologist from the practice of the profession whether in government service, or have used the license as eligibility equivalent for promotion in government service, or in the private sector, for nonpayment of the registration fees for two (2) consecutive registration periods from the last or previous year of payment. Other surcharges shall be determined and charged by the Commission.
Section 25. Renewal of Professional Identification Card. - The professional identification card shall be renewed only upon the completion of the prescribed minimum units of the CPD program by the registrant from the APO or any accredited provider authorized by the Commission.
Section 26. Vested Rights; Automatic Registration. - All criminologists registered at the effectivity of this Act shall automatically be registered hereunder, subject to the provisions herein set forth as to future requirements. Certificates of registration and professional identification cards or temporary/ special permits held by such persons in good standing at such effectivity date shall have the same force and effect as though they were issued on or after the said effectivity.
PRACTICE OF CRIMINOLOGY
Section 27. Lawful Practitioners of Criminology. - The following persons shall be authorized to practice the criminology profession:
(a) Natural persons:
(1) Duly registered criminologists and holders of valid certificates of registration and valid professional identification cards issued by the Board and the Commission pursuant to this Act; and
(2) Holders of valid temporary/special permits issued by the Board and the Commission to foreign licensed criminologists pursuant to this Act.
(b) Juridical persons:
(1) Single proprietorship whose owner and technical staff are registered criminologists;
(2) Partnership duly registered with the Securities and Exchange Commission (SEC) as professional partnership pursuant to the Civil Code and composed of partners majority of whom are registered criminologists;
(3) Corporation duly registered with the SEC as engaged in the practice of criminology and with officers and Board of Directors who are all registered criminologists; and
(4) Association and cooperative duly registered with the appropriate government agency as a non-stock corporation where majority of the officers, Board of Trustees and members are registered criminologists.
These juridical persons shall also be registered with the Board and the Commission in accordance with the rules and regulations thereon.
Section 28. Seal, Issuance and Use of Seal. - There shall be a seal to be exclusively and legitimately used by the practitioners of the criminology profession which shall be distributed by the Board through the APO.
Section 29. Foreign Reciprocity. - No foreigner shall be allowed to take the licensure examination for criminologists, register, receive ones certificate of registration and professional identification card, and practice criminology in the Philippines unless the requirements for the licensure examination and/or registration and practice of criminology imposed under the laws and regulations in the foreign country/state are substantially the same as those required and contemplated by the Philippine laws and regulations, and unless the foreign laws and regulations allow Philippine citizens to practice criminology within the territory of the foreign country/state on the same basis and grant the same privileges as those enjoyed by the citizens, subjects or nationals thereof.
Section 30. Practice Through Temporary/Special Permit. - Temporary/Special permit may be issued by the Board subject to the approval by the Commission and payment of fees the latter has prescribed and charged thereof to the following:
(a) Registered criminologists from foreign countries/states whose services are rendered either for free or for a fee:
(1) If they are internationally known criminologists or experts in any branch, specialty or allied field of criminology; and
(2) If their services are urgently and importantly required for lack or inadequacy of available local specialists or experts; or for the promotion or advancement of the practice of criminology through transfer of technology;
(b) Registered criminologists from foreign countries/states whose services shall be free and limited to indigent patients in a particular hospital, center or clinic; and
(c) Registered criminologists from foreign countries/states employed as exchange professors in a branch, specialty or allied field of criminology, in schools, colleges or universities offering the course of criminology.
The permit shall, among other things, contain these limitations and conditions for a period of not more than one (1) year subject to renewal: the branch or specialty of criminology and the specific place of practice such as clinic, hospital, center, school, college or university offering the course of criminology. The Board, subject to the approval of the Commission, shall promulgate rules and regulations on the implementation of this particular section.
Section 31. Indication of Numbers: Certificate of Registration, Professional Tax Receipt and. APO Membership. - The practitioner of the criminology profession shall be required to indicate the certificate of registration number and date of issuance, the expiry of the current professional identification card, the professional tax receipt number and date, and the APO membership number and date with official receipt number and date of membership payment (annual/lifetime) on the documents one signs, uses or issues in connection with the practice of the profession.
Section 32. Roster of Registered Criminologists. - The Board shall prepare and maintain a roster showing the names, residence and/or office address of all registered criminologists, which shall be updated annually in cooperation with the APO, indicating therein the status of the certificate of registration, professional identification card and APO membership. The roster shall be made available to any party as may be deemed necessary.
Section 33. Integration of Registered Criminologists. - The registered criminologists shall be integrated into one (1) national organization of criminologists that is duly registered with the SEC. The Board, subject to the approval by the Commission, shall accredit the organization as the one and only integrated and accredited national organization of criminologists: Provided, That its continued accreditation is subject to compliance with the periodic requirements and standards set forth by the Commission.
All criminologists whose names appear in the Registry Book of Criminologists shall ipso facto or automatically become members thereof and shall receive therefrom, all the benefits and privileges upon payment of APO membership fees and dues. Membership in an affiliate organization of criminologists shall not be barred.
PRIVILEGES OF REGISTERED CRIMINOLOGISTS
Section 34. Privileges of Registered Criminologists. - All registered criminologists shall be exempt from taking any other entrance or qualifying government or civil service examinations and shall be considered civil service eligible to the following government positions, among others: (1) Dactylographer; (2) Ballistician; (3) Questioned Document Examiner; (4) Forensic Photographer; (5) Polygraph Examiner; (6) Probation Officer; (7) Parole Officer; (8) Special Investigator; (9) Special Agent; (10) Investigative Agent; (11) Intelligence Agent; (12) Law Enforcement Evaluation Officer; (13) National Police Commission (NAPOLCOM) Inspector; (14) Traffic Operation Officer; (15) Associate Graft Investigation Officer; (16) Special Police Officer; (17) Safekeeping Officer; (18) Sheriff; (19) Security Officer; (20) Criminal Investigator; (21) Warden; (22) Reformation Officer; (23) Firefighter; (24) Fire Marshall; (25) Jail Officer up to the rank of Jail Superintendent; (26) Police Officer up to the rank of Police Superintendent and other law enforcement agencies, and agencies under the Criminal Justice System.
Section 35. Preference of Appointment in Government Criminal Justice and Other Government Institutions. - Registered criminologists shall enjoy priority of appointment and shall not be required to take any qualifying or entrance examinations in the PNP, the NBI, the BJMP, the BFP, the Land Transportation Office (LTO) and other government positions related to criminology, police and law enforcement work, investigations and security, corrections and public safety of the following bureaus, departments, institutions or agencies of the government: the Department of Justice (DOJ); the Commission on Human Rights (CHR); the Office of the Ombudsman; the Philippine Ports Authority (PPA); the Commission on Elections (COMELEC); the Bureau of Treasury (BoT); the Philippine Amusement and Gaming Corporation (PAGCOR); the Department of Environment and Natural Resources (DENR); the Department of Tourism (DOT); the Department of Trade and Industry (DTI); the Armed Forces of the Philippines (AFP); the Bureau of Immigration (BI); the BoC; the Department of Transportation (DOTr); the Air Transportation Office (ATO); the Civil Aviation Authority of the Philippines (CAAP); the BSP; the BIR; the CHED; the City/Municipal Security Office; the Provincial Jail; the Provincial Security Office; the Metro Manila Development Authority (MMDA); the Supreme Court and lower courts; the Security Consultation; the Social Security System; the NAPOLCOM; the Autonomous Region in Muslim Mindanao (ARMM); the Optical Media Board; the Intellectual Property Rights Office; the PDEA; the Public Attorney's Office (PAO); the PPC; government-owned and -controlled corporations and other government agencies with positions involving the practice of criminology.1‚wphi1
Section 36. Lateral Entry of Registered Criminologists. - Registered criminologists who are not in the government service shall be eligible and given preference for appointment via lateral entry as Police, Fire, and Jail Inspectors or its equivalent in the PDEA, NBI, and other law enforcement agencies: Provided, That they possess the general qualifications for appointment as provided in the existing laws on appointment of Police Officers in the PNP, BJMP, BFP, PDEA, or NBI: Provided, further, That those who are already in the police, fire, and jail service as non-commissioned officers and who are already registered and licensed criminologists shall be given preference for lateral entry.
Section 37. Penal Clause. - A fine of not less than One hundred thousand pesos (₱100,000.00) nor more than Five hundred thousand pesos (₱500,000.00), or imprisonment for not less than two (2) years and one (1) day nor more than six (6) years, or both, at the discretion of the court shall be imposed upon any person who shall commit any of the following acts:
(a) Practicing criminology without valid certificate of registration and a valid professional identification card or a valid temporary/special permit;
(b) Attempting to use the seal, certificate of registration and professional identification card of a registered criminologist or temporary/special permit issued to a foreign criminologist;
(c) Abetting the illegal practice of criminology by an unregistered or unauthorized person;
(d) Securing through false information or fraudulent means certificate of registration and professional identification card or temporary/special permit;
(e) Impersonating a registered criminologist or a holder of a temporary/special permit; and
(f) Violating any provision of this Act or the IRR thereof. Where the violator is a juridical person, the Board of Directors and other responsible officers of the corporation shall be held liable.
Section 38. Enforcement. - In carrying out the provisions of this Act, the Board shall be assisted by the Commission, the APO, duly constituted government agencies and authorities and private organizations in the industry.
Section 39. Appropriations. - The Chairperson of the PRC shall immediately include in the Commission's programs the implementation of this Act, the funding of which shall be included in the annual General Appropriations Act.
Section 40. Transitory Provision. - The incumbent Board shall, in an interim capacity, continue to operate or function by carrying out the provisions of this Act without need of new appointments of the Chairperson and members thereof until the first Board created under this Act shall have been constituted or organized pursuant thereto.
Section 41. Implementing Rules and Regulations (IRR). - Within ninety (90) days from the effectivity of this Act, the Board, subject to approval by the Commission, and in coordination with the APO, shall prescribe, promulgate and issue a Board Resolution on the IRR cf this Act and which shall be effective fifteen (15) days after its publication in the Official Gazette or in any newspaper of general circulation.
Section 42. Separability Clause. - If any provision, section or part of this Act shall be declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any other provisions, sections or parts hereof.
Section 43. Repealing Clause. - Republic Act No. 6506, otherwise known as "An Act Creating the Board of Examiners for Criminologists in the Philippines and for Other Purposes", is hereby repealed. All other laws. Republic Acts, decrees, orders, letters of instruction, rules and regulations or other issuances, and parts thereof inconsistent with the provisions of this Act are likewise repealed or modified accordingly.
Section 44. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in any newspaper of general circulation.
Speaker of the House of Representatives
VICENTE C. SOTTO III
President of the Senate
This Act was passed by the Senate of the Philippines as Senate Bill No. 452 on March 12, 2018, and was adopted by the House of Representatives as an amendment to House Bill No. 7191 on September 11, 2018
DANTE ROBERTO P. MALING
Acting Secretary General
House of Representatives
MYRA MARIE D. VILLARICA
Secretary of the Senate
Approved: November 8, 2018
(Sgd.) RODRIGO ROA DUTERTE
President of the Philippines
The Lawphil Project - Arellano Law Foundation