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Friday, March 18, 2011

Is CPE mandatory or voluntary?

“(RA 9266) SECTION 28. Continuing Professional Development (CPD). - To promote public interest and to safeguard life, health and property, all practicing architects shall maintain a program of continuing professional development. The integrated and accredited professional organization shall have the responsibility of developing a continuing professional development program for architects. Other entities or organizations may become CPD providers upon accreditation by the Board.” What is the meaning of SHALL? Here are important notes gathered from the book “STATUTORY CONSTRUCTION" Sixth Edition 2009 by Atty. Ruben E. Agpalo: “As a general rule, the use of the word “shall” in a statute implies that the statute is mandatory. It means “ought to,” “must” and when used in a statute or regulation, expresses what is mandatory. In common parlance and in its ordinary signification, the term ‘shall’ is a word of command, and one which has or which must be given a compulsory meaning, and it is generally imperative or mandatory. It has invariable significance to impose a duty which may be enforced, particularly if the public is in favor of this meaning or when addressed to public officials, or where public interest is involved, or where the public or persons have rights which ought to be exercised or enforced unless a contrary intent appears. The presumption is that the word “shall” in a statute is used in an imperative, and not in a directory sense. If a different interpretation is sought, it must rest upon something in the character of the legislation or in the context which will justify a different meaning.” (Diokno v. Rehabilitation Finance Corp., 91 Phil. 608 (1952), citing Words and Phrases Per. Ed., 90, 93; Boranda v. Gustilo, 165 SCRA 757 (1988); Gonzales v. Chavez, 205 SCRA 816 (1992).

Referring to the provisions of the 2010 PRC Continuing Professional Education/Development Guidelines, to wit: Page 8 and 9 G. Specific Responsibilities of the PRB/APO in CPE/CPD: 3. Mandatory CPE/CPD for all Professionals. The PRB / APO should require their respective disciplines to develop and maintain competence relevant and appropriate to their work and professional responsibilities. The responsibility for developing and maintaining competence rests primarily among professionals. Page 24 Section VIII SANCTIONS A. Sanctions for the Violation of Section 19 of PRC Resolution No. 2008-466, series of 2008 1. Accredited CPE Provider Accreditation shall be withdrawn from the CPE/CPD Provider who a. is found not complying with the prescribed rules and regulations for the CPE/CPD, or b. has committed substantial deviation from the approved program, or c. has submitted false reports, or d. has committed such other acts that the Council finds to be in violation of the interest of the program 2. Commission Employees. Any employee of the Commission who causes, abets, or helps in the renewal of the ID Card/License of a registered licensed professional (RLP) without complying with mandatory CPE/CPE provisions of the professional regulatory law (PRL) shall be considered to have violated office and/or civil service rule and regulation and shall be proceeded against administratively and if found guilty shall be meted out the penalties provided for by the said laws and rules and regulations. xxx B. Resolution of Questions, Issues, Concerns and/or Other CPE/CPD Matters Questions, issues, concerns, and/or other CPE/CPD matters are resolved by the CPE/CPD Council of the respective Professional Regulatory Boards. Decisions of the CPE/CPD Council may be appealed to the Professional Regulatory Board concerned and thereafer to the Professional Regulation Commission.

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  1. paano po pag nasa abroad ka indi na ako maka renew ng license ko kasi indi ako mka kuha ng CPE?

  2. Case Digest on Philippine Registered Electrical Practicioners v. Francia 322 SCRA 587

    FACTS: Petitioner assails a resolution issued by the Board of Electrical Engineering which provided for a Continuing Professional Education (CPE) Program for electrical engineers which required that they must earn credit units of CPE before their licenses could be renewed. Before these credit units could be earned, they must first apply for accreditation with the Institute of Integrated Electrical Engineers of the Philippines. Petitioner argues that the resolution is violative of the equal protection and due process clauses, prohibition against bills of attainder and ex post facto laws, and mandate for the protection of the rights of workers.

    HELD: The SC denied the petition for being moot and academic. President Ramos had later issued E.O. No. 266, which imposed upon registered professionals, the completion of the CPE as a pre-requisite for the renewal of their licenses.

  3. general words and phrases of a statute should ordinarily be accorded their natural and general significance.

  4. The word“shall” emphasizes mandatory character and means imperative, operating to impose a duty which may be enforced.

    Use of the word“may” in the statute generally connotes a permissible thing, and operates to confer discretion while the word“shall” is imperative, operating to impose a duty which may be enforced.
    The term “shall” may be either as mandatory or directory depending upon a consideration of the entire provision in which it is found, its object and consequences that would follow from construing it one way or the other.

    The word “must” in a statute like “shall” is not always imperative and may be consistent with an exercise discretion.

  5. paano ung mga nsa abroad..u mean bsta n lng mwawala ang license dhil wla silang CPE points...ang dapat nakuha ng CPE e ung mga building officials, dahil cla ang nag aapprove ng plans.Cpe must be voluntary..panu ung iba n wlang financial capacity n umattend ng mga convention , seminars...anu un, bhala n cla bsta,dpat may cpe, no CPE, no renewal..e d prang pang mayaman lng yang CPE n yan!!!!

  6. ako ok sa cpe pero dapat hindi mataas masyado ang units required kung 20 units dapat sa isang convention makuha na kaagad ito para isang beses lang mag attend ang member, kaya lang sa mga na salihan kong convention sa certificate hindi malinaw kung ilan units ang credited , minsan tinitipid nila ang units para mapilitan mag attend ang member ng dalawang beses sa isang taon, maawa naman kayo sa mga hindi kumikita ng malaki,maging pabigat ito sa mga member...kung intention talaga ay maturoan ang member ay magprovide cpe sa bawat chapter hindi lang sa national or regional para mas makatipid, s totoo lang sa national at regional cpe hindi ito talagang natotonan dahil sa dami, mabuti pa sa chapter kunti lang at mas maganda ang interaction...

  7. RA 8981 Sec. 20. Repealing Clause. – Republic Act. No. 546, Presidential Decree No. 223, as amended by Presidential Decree No. 657, Republic Act No. 5181, and Executive Order No. 266, Series of 1995 are hereby repealed. Section 23 (h) of Republic Act No. 7836, Section 4 (m & s). Section 23 of Republic Act No. 7920, and Section 29 of Republic Act No. 8050, insofar as it requires completion of the requirements of the Continuing Professional Education (CPE) as a condition for the renewal of the license are hereby repealed. All other laws, orders, rules and regulations or resolutions and all part/s thereof inconsistent with the provisions of this Act are hereby repealed or amended accordingly. NAG VIOLATE ANG PRC BY REQUIRING CPE FOR RENEWAL


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