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.