PROHIBITING THE REPRODUCTION, COPYING, DISTRIBUTION, SALE AND/OR POSSESSION BY ANY PERSON OR ENTITY OF ANY TEST BOOKLET OR TEST QUESTIONNAIRE USED IN A LICENSURE EXAMINATION ADM…

WHEREAS, the Professional Regulation Commission is empowered under
Section 7 Paragraph (a) of Republic Act No. 8981 (The PRC Modernization
Act) “to administer, implement and enforce the regulatory policies of
the national government with respect to the regulation and licensing of
the various professions and occupations under its jurisdiction xxx;”

WHEREAS, under Paragraph (d) of Section 7, the Commission is likewise
empowered “to administer and conduct the licensure examinations of the
various regulatory boards in accordance with the rules and regulations
promulgated by the Commission xxx;”

WHEREAS, Paragraph (p) of Section 7 likewise provides that the
Commission is empowered “to adopt and promulgate such rules and
regulations as may be necessary to effectively implement policies with
respect to the regulation and practice of the professions;”

WHEREAS, under Paragraph (v) of Section 7, the Commission is
empowered “to call upon or request any department, instrumentality,
office, bureau, institution or agency of the government including local
government units to render such assistance as it may require, or to
coordinate or cooperate in order to carry out, enforce or implement the
professional regulatory policies of the government or any program or
activity it may undertake pursuant to the provisions of this Act;”

WHEREAS, the test booklets and test questionnaires used in the
licensure examinations administered by the Commission are property of
the Professional Regulatory Boards conducting the licensure
examinations, pursuant to Paragraph (h) Section 9 of R.A. No. 8981;

WHEREAS, per operating guidelines of the Commission and the Boards,
used test booklets and test questionnaires are to be destroyed after the
conduct of every licensure examinations;

WHEREAS, test booklets and test questionnaires used in the
licensure examinations are taken from the Boards and the Commission
without their consent and later reproduced and copied by unscrupulous
persons or entities and thereafter sold or distributed as review
materials;

WHEREAS, the proliferation of used test booklets or test
questionnaires is the result of asportation or thievery which should
subject the person stealing the used test booklets or test
questionnaires to criminal prosecution;

WHEREAS, reproduction and copying of the used test booklets or test questionnaires as well as mere possession thereof are illegal since
said used test booklets and test questionnaires are derived from theft;

NOW, THEREFORE, the Commission RESOLVES, as they hereby RESOLVED:

1. To prohibit any person or entity not authorized by this
Commission to reproduce, copy and/or possess test booklets or test
questionnaires used in licensure examinations conducted by the Boards
and administered by the Commission;

2. To prohibit the distribution or sale of said used test booklets or test questionnaires;

3. To call on the National Bureau of Investigation, the Philippine
National Police, all Local Government Units and any other law
enforcement agency in apprehending and prosecuting any person or entity
violating this Resolution in accordance with the provisions of the
Revised Penal Code, Presidential Decree No. 1612 (Anti-Fencing Law) or
when applicable, Republic Act No. 8293 (Intellectual Property Code of
the Philippines).

All issuances that are inconsistent with this Resolution are hereby amended or modified accordingly.

This Resolution shall take effect fifteen (15) days from its publication in a newspaper of general circulation.

Adopted: 01 Aug. 2008

APPROVED:

(SGD.) LEONOR TRIPON-ROSERO
Chairperson

(SGD.) RUTH RAÑA- PADILLA
Commissioner