ADMINISTRATIVE CASES

PROFESSIONAL REGULATORY COMMISSION PROCEEDINGS

PROFESSIONAL REGULATORY COMMISSION PROCEEDINGS
ANSWER

Republic of the Philippines

PROFESSIONAL REGULATION COMMISSION (PRC)
Manila

RESOLUTION NO. 06-342 (A)

Series of 2006

NEW RULES OF PROCEDURE IN

ADMINISTRATIVE INVESTIGATIONS IN
THE PROFESSIONAL REGULATION COMMISSION AND THE
PROFESSIONAL REGULATORY BOARDS

WHEREAS, there is an urgent need to revise the existing rules and

regulations governing administrative investigations in the Professional
Regulation Commission (hereafter the "Commission") and the Professional
Regulatory Boards (hereafter the "Boards" or "Board"), promulgated pursuant to
Sec. 7 (d), (p) and (s) and Sec. 9 (c) of Republic Act No. 8981, otherwise known as
the "PRC Modernization Act of 2000", to achieve a fair. expeditious and
inexpensive disposition of cases filed with the Commission and the Boards.

NOW, THEREFORE, the Commission resolves to adopt and promulgate

the following rules governing administrative investigations in the Commission
and the Boards:

ARTICLE I
GENERAL PROVISIONS

Sec. 1. Title. - These Rules shall be known and cited as the "New Rules of
Procedure in Administrative Investigations in the Professional Regulation
Commission and the Professional Regulatory Boards".

Sec. 2. Scope. - These Rules are issued in the exercise of the quasi-judicial powers
and functions of the Commission and the Boards pursuant to Republic Act No.
8981, and the laws regulating the various professions in relation to cases filed
against the examinees in the licensure examinations, professionals registered
with the Commission, holders of temporary or special permits issued by the
Commission upon recommendation by the Board concerned, and members of the
Boards.

Sec. 3. Construction. - These Rules shall be liberally construed to promote the

objective of a just, speedy and inexpensive determination of cases. The
Commission and the Boards shall not be bound by technicalities but shall
proceed to hear and decide cases in a most expeditious manner to determine the
facts of each case consistent with justice and equity.

Sec. 4. Nature of Action. - The administrative investigations shall be fact-finding

and summary in nature, without prejudice, however, to the due process of law,
and intended primarily to determine if the respondent is morally and technically
qualified to be admitted to his profession, to practice or continue to practice his
profession, or continue
to be a member of the Board.

Sec. 5. Rules of Evidence. - Unless otherwise provided in these Rules, the rules on
evidence under the Rules of Court shall be applicable in the administrative

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investigations but technical errors in the admission of the evidence which do not
prejudice the substantive rights of the parties shall not vitiate the proceedings.

Sec. 6. Jurisdiction. - Service of summons with a copy of the formal charge or

complaint shall vest the Commission or the Board with jurisdiction over the
person of the respondent and the power to hear and decide the case even if he
subsequently leaves the Philippines or fails to appear during the hearings of the
case.

Sec. 7. Due Process. - The respondent shall be informed of the charge against him
and shall be entitled to be represented by counsel or be heard in person, to have a
speedy and public trial, to confront and to cross-examine witnesses against him
and to all other rights guaranteed by the Constitution.

Sec. 8. Rules of Procedure. - These Rules shall uniformly apply to administrative

investigations conducted in the Central Office and in the Regional Offices of the
Commission.

Sec. 9. Prohibited Pleadings and Motions. - The following pleadings, motions

and petitions shall not be allowed by the Commission or the Board and shall be
considered mere scraps of paper in the cases covered by these Rules:
1. Motion to dismiss the complaint except on the ground of lack of
jurisdiction over the subject matter or the person of the respondent;
2. Motion for a Bill of Particulars;
3. Motion for new trial or for reopening of trial;
4. Petition for relief from judgment;
5. Motion for extension of time to file pleadings, affidavits or any other
papers;
6. Second or subsequent motions for reconsideration;
7. Appeal or petition for certiorari, mandamus, or prohibition against any
interlocutory order issued by the Commission or the Board;
8. Motion to declare the respondent in default;
9. Dilatory motions for postponement;
10. Reply and rejoinder; and
11. Demurrer to evidence

Sec. 10. Delegation of Hearing. - The hearing of the administrative case may be
delegated by the Commission or the Board to any lawyer of the Commission or
official of the Regional Office in charge of handling administrative cases. The
lawyers of the Commission may act as either hearing officers or special
prosecutors in motu proprio investigations. In addition thereto, lawyers of the
Commission and members of the Boards may administer oath as may be
necessary in taking the testimony of a party or a witness in connection with any
investigation. The lawyer of the Commission or any member of the Board shall
have the power to exclude from the hearing room any person, party, witness or
legal counsel who, during the hearing, disrupts the proceedings or conducts
himself in a disorderly manner. Such person, party, witness or legal counsel may
be cited for contempt if he still creates disturbance outside the hearing room that
causes disruption of the proceedings.

Sec. 11. Presence of Board Members. - The presence of a member of the Board
shall be required in cases involving the practice of the profession. However, such
presence may be waived upon agreement by both parties.

Sec. 12. Pendency of Another Case. - The filing or pendency of a criminal and/or
civil case before a court of law or an administrative case before another quasi-
judicial body against an examinee, registered professional, holder of a temporary

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or special permit or a member of the Board involving the same facts as in the
administrative case filed or to
be filed before the Commission or the Board shall neither suspend nor bar the
proceedings of the latter case. The Commission or the Board shall proceed
independently with the investigation of the case and shall render therein its
decision without awaiting the final decision of the court or the quasi-judicial
body.

Sec. 13. Cases Covered. - The administrative investigations shall include but shall
not be limited to the following grounds:
1. Immoral or dishonorable conduct;
2. Unprofessional or unethical conduct;
3. Insanity;
4. Conviction of a criminal offense involving moral turpitude;
5. Gross negligence or incompetence in the practice of profession;
6. Use or perpetration of fraud or deceit in the acquisition of Certificate
of Registration/Professional License, Temporary or Special Permit,
Professional Identification Card (PRC ID Card), STCW Certificate of
Competency and Endorsement Certificate;
7. Violation of any of the provisions of Republic Act No. 8981, the laws
regulating the various professions, their implementing rules and
regulations and their codes of ethics;
8. Neglect of duty;
9. Commission of irregularities in the licensure examinations which taint
or impugn the integrity of the examinations, or violation of any rule or
regulation governing such examinations; and
10. Such other cause or causes as may be provided by law.

Sec. 14. Imposable Penalty. - If found guilty, the erring professional registered
with the Commission, holder of a temporary or special permit or a member of the
Board shall be meted the penalty of reprimand, suspension or revocation of his
certificate of registration/professional license or permit. In the case of a guilty
member of the Board, the Commission shall also recommend to the President of
the Philippines his suspension or removal from office, as the case may be. In case
of an examinee found guilty of the charge levelled against him, the imposable
penalty shall be cancellation of his examination papers and/or debarment from
taking a licensure examination.

Sec. 15. Contempt. - A contempt committed against the Commission or the Board
or any member thereof, or a lawyer of the Commission may be filed with the
Regional Trial Court having territorial jurisdiction over the office of the
Commission or the Board and shall be governed by the applicable provisions of
the Rules of Court. Anyone who without lawful excuse, fails to appear upon
summons/subpoena issued under the authority of the Commission or the Board
or who, while appearing before the Commission or the Board, refuses to take an
oath, give testimony or produce documents for inspection when lawfully
required.

Sec. 16. Affidavit of Proof of Service. - All pleadings filed with the Commission or
the Board must be accompanied with an affidavit of proof of service upon the
adverse party. A pleading without the affidavit of proof of service shall not be
accepted by the Commission or the Board.

ARTICLE II
RULES OF PROCEDURE

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Sec. 1. Complaint. - A complaint shall be in writing and under oath or embodied
in an affidavit.

Sec. 2. Who May File. - The complaint may be filed by any person, firm,
partnership, association or corporation, through its duly authorized
representative. The Commission or the Board may, motu proprio, initiate an
administrative investigation, in which case, the complainant shall be the office,
section or division of the Commission where the respondent committed the
actionable conduct or violation of the rule or regulation of the Commission or the
Board.

Sec. 3. Language and Contents. - The complaint must be written in a clear, simple
and concise language so as to apprise the respondent of the nature and cause of
the charge against him and to enable him to intelligently prepare his defense or
answer. The complaint shall contain the following:
1. Full names and complete addresses of the complainant and the
respondent;
2. The respondent’s profession together with his Certificate of
Registration or License or permit number and date of issuance if
available;
3. In case the respondent complained of is an examinee, the licensure
examination he has applied for or taken, and the date/s thereof-
4. A brief narration of the material facts which show the acts or
omissions allegedly committed by the respondent constituting the
charge, offense or cause of action;
5. The disciplinary action prayed for; and
6. Certified true copies of documentary evidence, and the affidavit/s
of
witness/es if any.

Sec. 4. Number of Copies. - The complaint, together with the documentary

evidence and affidavit/s of witness/es, if any, shall be filed in such number as
there are respondents, plus two (2) copies for the file. The affidavit/s required to
be submitted shall state facts only of direct personal knowledge to the affiant and
shall show the competence of the affiant to testify to the matters stated therein. A
violation of the foregoing requirement shall be a ground for expunging the
affidavit or portion thereof from the record.

Sec. 5. Where to File a Complaint. - A complaint may be filed at the Legal and
Investigation Division (Legal Division) of the Central Office or at the Regional
Office of the Commission having territorial jurisdiction over the parties at the
option of the complainant.

Sec.6. Venue. - Unless the parties have agreed that a particular Regional Office
shall be the venue of the proceedings, the venue of the action shall be the
Regional Office within whose territorial jurisdiction the complainant or the
respondent resides, at the option of the complainant, provided that the Regional
Office has a lawyer or its Director or Officer-in-Charge is a lawyer. In case of
complaints filed directly with the Regional Office, the latter shall verify whether
the concerned Board has jurisdiction over the person of the respondent and over
the subject matter, through available records in its possession. Otherwise, the
verification shall be made with the Central Office.

Sec. 7. Withdrawal of the Complaint. - A complaint may be withdrawn by the

complainant in writing and under oath before the case is submitted for decision.
The Commission or the Board shall forthwith dismiss the case unless the
Commission or the Board shall deem it necessary to ignore the withdrawal and to
prosecute the case in the
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interest of the public or for the protection of the standards of the profession or in
view of the obvious merit of the case.

Sec. 8. Issuance of Summons. - On the basis of the complaint, the Commission or

the Board shall issue a summons requiring the respondent to file his counter-
affidavit or verified answer within fifteen (15) days from receipt thereof with
notice that unless the respondent so answers, the complainant shall be allowed by
the Commission or the Board to present his evidence ex-parte and the
Commission or the Board shall render judgment on the basis thereof.

Sec. 9. Counter-Affidavit or Verified Answer. - The counter affidavit or verified

answer with the documentary evidence and affidavit/s of witness/es, if any, to be
filed by the respondent pursuant to Sec. 8 above shall also include a statement
indicating whether or not he elects a formal investigation or waives his right
thereto and submits the case
for decision based on the pleadings. A copy of the counter-affidavit or verified
answer shall be served simultaneously upon the complainant not later than
fifteen (15) days from receipt of the summons.

Sec. 10. Failure to Serve Summons. - The complaint shall be dismissed, without
prejudice, by the Commission or the Board if the summons cannot be served
upon the respondent after three (3) attempts to serve.

Sec, 11. Order of Default. - Failure of the respondent to file his counter-affidavit
or verified answer within fifteen (15) days from his receipt of summons shall be
construed as a waiver to file the same. Thereupon, the Commission or the Board
shall issue an order of default and allow the complainant to present his evidence,
and render judgment on the basis thereof.

Sec. 12. Service of Summons. - Service of summons shall be made either

personally or by mail at the last known or registered address of the respondent as
indicated in the complaint. If service cannot be made personally, it may be
effected by leaving a copy thereof at the respondent's residence with some person
of suitable age and discretion then residing therein. Whenever the address of the
respondent is unknown and cannot be ascertained by diligent inquiry, service of
summons may, by leave of the Commission or the Board, be effected upon him by
publication in a newspaper of nationwide circulation and in such places and for
such time as the Commission or the Board may order. Such service may be
proved by the affidavit of the printer, his foreman or principal clerk, or of the
editor, business or advertising manager, to which affidavit a copy of the
publication shall be attached, and by an affidavit showing the deposit of a copy of
the summons and order for publication in the post office, postage prepaid,
directed to the respondent by registered mail to his last known address.

Sec. 13. Service of Notices, Motions, Orders, Judgments, Appeals and Pleadings.
–
(a) Service of notices, orders, motions, judgments, appeals, pleadings and other
related papers may be made either personally or by mail at the last known or
registered addresses of the respective counsel of record of the complainant and
the respondent. If service cannot be made personally, it may be effected by
leaving a copy thereof at the counsel's office with some responsible person in
charge of the counsel's office between the hours of eight (8) in the morning and
five (5) in the afternoon. Any change in the address of the counsel of record shall
be reported in writing to the Commission or to the Board;
(b) If service is not made personally, service by registered mail shall be required
if registry service exists in the locality. Otherwise, service may be made by
depositing a copy of the pleading, motion, order, judgment or paper to be served
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in the post office, in a sealed envelope, plainly addressed to the party's counsel at
his office, if known, otherwise at his residence, if known, with postage fully
prepaid and with instructions to
the postmaster to return the mail to the sender after ten (10) days if undelivered;
(c) Personal service shall be considered complete upon actual delivery. Service by
ordinary mail shall be complete upon the expiration of ten (10) days after
mailing. Service by registered mail shall be complete upon actual receipt by the
party concerned, but if he fails to claim his mail from the post office within five
(5) days from the date of the first notice of the postmaster, service shall take
effect at the expiration of such time; and
(d) Service on counsel is service on a party whom said counsel represents.

Sec. 14. Motions for Postponement. - Motions for postponement which shall be in
writing, shall be served upon the Commission or the Board and all parties
concerned at least five (5) days prior to the scheduled hearing sought to be
postponed. A party may be granted a maximum of only three (3) postponements
during the whole proceeding. A further postponement sought by a party after
availing of the said three (3) postponements shall be denied. Failure on his part
to appear at the scheduled hearing shall be considered a waiver of his right to
cross-examine the witness/es presented by the other party or to adduce his
evidence. Each postponement shall not exceed fifteen (15) days.

Sec. 15. Pre-trial Conference. - The Commission or the Board shall set the case
for a pre-trial conference within thirty (30) days from receipt of the counter-
affidavit or verified answer. The notice of pre-trial conference shall be served
upon the parties' counsel of record, and the counsel served with such notice is
charged with the duty of notifying the party represented by him. The pre-trial
conference shall be mandatory.

Sec. 16. Matters to be Considered. - During the pre-trial conference, the parties
shall consider and agree on the following:
(a) Possibility of amicable settlement, if allowable;
(b) Stipulation of facts;
(c) Simplification of issues;
(d) Identification and marking of exhibits;
(e) Limiting the number of witnesses, their names and the substance of
their respective testimonies;
(f) Dates of trial which snail be completed within ninety (90) days from
start of the presentation of evidence by either party;
(g) Agreement to dispense with the presence of a member of the Board
in cases involving the practice of the profession; and
(h) Such other matters as may aid in the prompt disposition of the case,
such as barring presentation of additional corroborative witnesses or
documents when they will no longer add weight to the evidence
already presented.

Sec. 17. Failure to Appear at Pre-trial Conference. - The failure of the complainant
and/or his counsel to appear at the pre-trial conference shall be a ground for the
dismissal of the case. A similar failure on the part of the respondent and/or his
counsel to appear at the pre-trial conference shall be a cause to allow the
complainant to present
his evidence ex-parte and the Commission or the Board shall render its decision
in accordance with the evidence presented.

Sec. 18. Summary Judgment. - If the parties agree to dispense with the hearing of
the case and submit the case for decision based on the pleadings filed, they may
submit their respective position papers together with the annexes which must be
original or certified true copies, furnishing each other copies thereof, within
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fifteen (15) days from the date of the pre-trial conference. The Commission or the
Board shall render a summary judgment within sixty (60) days from the
expiration of the fifteen (15) day period.

Sec. 19. Pre-trial brief. - At least three (3) days before the date of the pre-trial
conference, the parties shall file with the Commission or the Board their
respective pre-trial briefs which shall contain, among others:
(a) A statement of their willingness to enter into an amicable settlement.
indicating the desired terms thereof, if allowable;
(b) A summary of admitted facts and proposed stipulation of facts;
(c) The issues to be tried or resolved;
(d) The documents or exhibits to be presented, stating the purpose and the
corresponding markings thereof;
(e) The number, names and complete addresses of the witness/es, and the
substance of their respective testimonies; and
(f) The dates of hearing, if there be a need for further hearing, to complete the
testimonial evidence which shall not be more than ninety (90) days from start
of the presentation of evidence by either party. Any reservation by either party
to present his other witness/es or documents than those specified in his pre-
trial brief is prohibited and shall not be allowed by the Commission or the
Board. Failure to timely file the pre-trial brief shall have the same effect as
failure to appear at the pre-trial conference under Sec. 17 above.

Sec. 20. Pre-Trial Order. - Within fifteen (15) days from termination of the pre-
trial conference, the Commission or the Board shall issue a pre-trial order which
shall recite in detail the stipulations and admissions by the parties, and other
matters taken up in the pre-trial conference. The pre-trial order shall explicitly
define and limit the issues to be tried should the action proceed to trial. The
contents of the pre-trial order shall govern the subsequent proceedings of the
case, unless modified before trial by the Commission or the Board to prevent
manifest injustice.

Sec. 21. Trial or Hearing. - Unless the Commission or the Board for special
reasons otherwise directs, the trial or hearing shall be limited to the issues stated
in the pre-trial order and shall proceed as follows:
(a) The complainant shall present evidence in support of his complaint subject to
the pre-trial order or agreement;
(b) Cross examination of the complainant by the respondent, followed by re-
direct examination of the complainant and re-cross examination by the
respondent;
(c) The respondent shall present evidence in support of his defense subject to the
pre-trial order or agreement;
(d) Cross examination of the respondent by the complainant, followed by re-
direct examination of the respondent and re-cross examination by the
complainant;
(e) The testimonies of the witnesses, if any, of the parties shall follow the above
sequence; and
(f) The parties may adduce rebuttal evidence subject to the discretion of the
Commission or the Board. A question and answer type affidavit submitted by
a party or a witness and properly identified and affirmed by him shall
constitute his direct testimony which shall be subject to cross-examination by
the opposite party. The affidavit shall be expunged from the records should
the affiant fail to testify.

Sec. 22. Continuous Hearings until Termination. - Trials or hearings shall be

conducted on the dates set and agreed upon during the pre-trial conference. The
schedule of trials or hearings so set and agreed upon shall be strictly followed
without further notice. If the counsel for a party fails or refuses to appear during
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the other party's presentation of evidence despite due notice, such a presentation
of evidence by the said party shall proceed ex parte and the absent counsel shall
be deemed to have waived his right to cross-examine the witness/es presented at
that scheduled hearing.

Sec. 23. Appearance and Withdrawal of Counsel. - A counsel shall manifest in

writing his appearance either for the complainant or the respondent, stating his
full name, current Integrated Bar of the Philippines receipt, Roll of Attorneys and
Professional Tax Receipt numbers and complete address where he can be served
with notices and pleadings. Any appearance or pleading of a counsel without
complying with the above requirements shall not be recognized. Any withdrawal
of counsel shall be in writing with the conformity of the party he represents, copy
furnished the other party.

Sec. 24. Request for Subpoena. - If a party desires the attendance of a witness or
the production of documents in a hearing, he shall make a written request to the
Commission or the Board for the issuance of the necessary subpoena ad
testificandum or subpoena duces tecum, at least ten (10) days before the
scheduled hearing.

Sec. 25. Issuance of Subpoena. - The Commission or the Board through the
hearing officer may issue the requested subpoena ad testificandum to compel the
attendance of witness/es or subpoena duces tecum to compel the production of
documents or things.

Sec. 26. Decision. - The Commission or the Board shall decide the case within
sixty (60) days from the date of the order admitting the evidence for the
respondent. A party may file his memorandum within twenty (20) days from the
date of receipt of such order, but shall not in any way extend the sixty (60)-day
period for rendering the decision by
the Commission or the Board. The decision shall be in writing and shall be signed
by at least a majority of the members of the Commission or the Board, unless a
unanimous
decision is required by law. It shall contain clearly and distinctly the findings of
facts and of law on which the said decision is based. If the complaint is based on a
breach of law, rules and regulations or ethics of the profession, the same shall
also be stated in the decision.

Sec. 27. Motion for Reconsideration. - A party aggrieved by a decision, order or

resolution may file a motion for reconsideration thereof within fifteen (15) days
from receipt of the decision. Only one motion for reconsideration shall be
entertained. A second or subsequent motion for reconsideration shall not be
acted upon by the Commission or the Board and shall be considered a mere scrap
of paper. A motion to extend the reglamentary period to file a motion for
reconsideration shall not be allowed. No motion for reconsideration shall be
entertained unless it be for any of the following causes:
(a) Fraud, accident, mistake, or excusable negligence which ordinary prudence
could not have guarded against and by reason of which the aggrieved party
has probably been impaired of his rights;
(b) Newly discovered evidence which he could not, with reasonable diligence,
have discovered and produced at the hearing, and which if presented would
probably alter the result;
(c) Imposition of excessive penalty, or insufficiency of the evidence to justify the
decision, or that the decision is against the law or not in accordance with the
facts presented.

Sec. 28. When Motion Deemed Filed. - A motion for reconsideration sent by
mail shall be deemed filed on the date shown by the postmark on the envelope
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which shall be attached to the records of the case and in case of personal delivery,
the date stamped thereon.

ARTICLE III
VIOLATION OF INSTRUCTIONS TO EXAMINEES, OR LAW, RULES
OR REGULATIONS GOVERNING LICENSURE EXAMINATIONS

Sec. 1. Complainant. - The complainant shall be the office, section or unit of the
Commission which initiates the action or where the respondent-examinee
commits an infraction or violation of the law, rules and regulations, instructions
or policies of the Commission or the Board. The administrative investigation
against the examinees before the Board shall be without prejudice to the
concurrent authority of the Commission to hear and investigate such cases of
violations of law, examination rules and regulations or instructions to examinees.
An administrative action against an examinee shall commence with a formal
charge which shall be written in a clear, simple and concise language so as to
apprise him of the nature and cause of the complaint against him and to enable
him to intelligently prepare his defense.

Sec. 2. Where to File the Complaint. - The documents showing a violation by an

examinee of any law, instructions to examinees or other rules and regulations of
the Commission or the Board designed to preserve the integrity and credibility of
the licensure examinations may be filed by the Examination Division or the
Rating Division of the Licensure Office with the Legal Division of the Central
Office, or with the Regional Office of the Commission having territorial
jurisdiction over the place where the examinee resides.

Sec. 3. Administrative Case Number. - In administrative investigations of

violations of law, instructions to examinees or rules and regulations governing
examinations, the administrative case number shall be prefixed with a letter "L"
(e.g. L-06-1).

Sec. 4. Action on the Complaint. - On the basis of the documents submitted to

the Legal Division, the Commission or the Board shall issue the formal charge
requiring the examinee to file his counter-affidavit or verified answer with
documentary evidence and affidavit/s of witness/es, if any, for his defense, within
fifteen (15) days from his receipt thereof. The counter-affidavit or verified answer
shall include a statement indicating whether or not he elects a formal
investigation or waives his right thereto and submits the case for decision based
on the evidence on hand. Upon issuance of a formal charge, the results of the
examination taken by the examinee shall be withheld pending the outcome of the
investigation. In case the results of the examination have been released and he
passes the examination, he shall not be permitted to take an oath and register in
the roll of professionals. In any event, a successful examinee shall not be allowed
to register and be issued a certificate of registration or license to practice his/her
profession during the pendency of such investigation.

Sec. 5. Service of Formal Charge. - The formal charge shall be served through
registered mail on the declared permanent address of the examinee in his
Computerized Application Form (CAF)/Action Sheet, Permanent Examination
and Registration Record Card (PERRC) and Identification Answer Sheets for the
particular licensure examination. Service by registered mail at such address shall
be complete upon actual receipt by the examinee, but if he fails to claim his mail
from the post office, service shall take effect upon the expiration of five (5) days
from the date of first notice of the postmaster.

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Sec. 6. Counter-Affidavit or Verified Answer. - The counter affidavit or verified
answer which shall be filed by the examinee shall include the documentary
evidence, affidavit/s of witness/es and statement mentioned in Sec. 4 hereof.

Sec. 7. Failure to File a Counter-Affidavit or Verified Answer. – Failure of the

examinee to file his counter-affidavit or verified answer within fifteen (15) days
from his receipt of the formal charge shall be construed as a waiver thereof and
Commission or the Board shall render a decision based on the complaint and
documentary evidence.

Sec. 8. Proceedings. - In Regional Offices where there is a lawyer of the

Commission, the appointment of a special prosecutor shall be dispensed with and
the lawyer shall proceed with the hearing of the case by receiving the evidence of
the examinee. The proceedings shall be recorded. Whenever applicable, the
procedures provided under Article II of these Rules shall be observed.

Sec. 9. Promulgation of the Decision. - The Commission or the Board shall render
the decision within sixty (60) days from the date of service of the formal charge,
should the examinee waive a formal investigation, or within five (5) months from
the date of such service, should the examinee opt for a formal investigation.

ARTICLE IV
APPEAL

Sec. 1. Appeal; Period Non-Extendible. - The decision, order or resolution of the

Board shall be final and executory after the lapse of fifteen (15) days from receipt
of the decision, order or resolution without an appeal being perfected or taken by
either the respondent or the complainant. A party aggrieved by the decision,
order or resolution may file a notice of appeal from the decision, order or
resolution of the Board to the Commission within fifteen (15) days from receipt
thereof, and serving upon the adverse party a notice of appeal together with the
appellant's brief or memorandum on appeal, and paying the appeal and legal
research fees. Failure to serve upon the adverse party the notice of appeal and the
appellant's brief or memorandum on appeal within the reglementary period to
appeal shall be a ground for the dismissal of the appeal. The filing of a motion for
reconsideration suspends the running of the reglementary period of fifteen (15)
days to appeal. The running of the appeal period resumes from the date the
appellant receives an order from the Board denying his motion for
reconsideration. The period for perfecting the appeal shall be non-extendible.

Sec. 2. Appeal and Legal Research Fees. - Upon filing of the notice of appeal, the
appellant shall pay the appeal and legal research fees. Failure to pay the appeal
and legal research fees within the period for appeal shall be a ground for the
dismissal of the appeal.

Sec. 3. When Appeal Deemed Filed. - A notice of appeal sent by mail shall be
deemed filed on the date shown by the postmark on the envelope which shall be
attached to the records of the case and in case of personal delivery, the date
stamped thereon.

Sec. 4. Evaluation of Appeal. - Before a decision, order or resolution rendered by

the Board is elevated on appeal to the Commission, the Board shall, through the
lawyer assigned to the case, first ascertain whether or not the notice of appeal
together with the
appellant's brief or memorandum on appeal was filed and the appeal and legal
research fees were paid within the reglementary period of fifteen (15) days. If the
notice of appeal together with the appellant's brief or memorandum on appeal
was filed and/or the appeal and legal research fees were paid out of time, the
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Board shall issue an order denying the appeal and the records of the case shall be
consigned to the archives. If the notice of appeal together with the appellant's
brief or memorandum on appeal was filed and the appeal and legal research fees
were paid within the reglementary period, the Board shall issue an order giving
due course to the appeal and the records of the case shall be forwarded to the
Commission with a transmittal form.

Sec. 5. When Appeal Perfected. - To perfect an appeal, the appellant shall file the
following within fifteen (15) days from receipt of the Board's decision, order or
resolution appealed from:
a. Notice of appeal which shall state the specific material dates showing that it
was filed on time;
b. Three (3) legible copies of appellant's brief or memorandum on appeal which
shall set forth concisely a statement of the matters involved, the issues raised,
the specification of errors of fact or law, or both allegedly committed by the Board
and the reasons or arguments relied upon for the allowance of the appeal;
c. Affidavit of proof of service of a copy of the appellant's brief or memorandum
on appeal upon the adverse party; and
d. Official receipt of payment of the appeal and legal research fees attached to the
notice of appeal. Failure of the appellant to comply with any of the foregoing
requirements
shall be a sufficient ground for the dismissal of the appeal.

Sec. 6. Elevation of the Records to the Commission. - The docket officer of the
Legal Division shall forward to the Commission the complete records of the case
within five (5) days after the appeal is perfected. The records of the case shall be
in two (2) folders containing one (1) copy each of the papers or documents of the
case. Prior to transmittal to the Commission, the complete records of the case
shall have a table of contents, chronologically arranged and numerically paged or
numbered starting with the first page of the complaint or the document in
support of the formal charge as number one (1), and successively in accordance
with the date the document was placed on file or received by the Legal Division.
The same shall be securely bound to prevent any loss of document. Return cards
(evidence of mailing to the counsel of record or to the party if not represented by
counsel) shall be attached to the corresponding document. In the absence of the
return card, a certification as to the exact date of receipt of the document shall be
secured from the postmaster. The person in charge of the transmittal of the
complete records shall be held responsible for any loss or suppression of any
parts or pages thereof.

Sec. 7. Action on the Appeal. - The adverse party may be required to submit an
appellee's brief within fifteen (15) days from receipt of the order from the
Commission. Thereafter, the appeal shall be considered submitted for decision or
resolution.

Sec. 8. Decision on Appeal. - The Commission shall render a decision or

resolution within sixty (60) days from receipt of the appellee's brief or upon the
expiration of the fifteen (15)-day period provided in the immediately preceding
section. The decision or resolution of the Commission is final and executory,
unless appealed to the Court of Appeals pursuant to Sec. 11 hereof.

Sec. 8. Transmittal of Decision. - The signed decision or resolution shall then be

forwarded to the Office of the Assistant Commissioner who shall sign the
transmittal letter for the Commission.

Sec. 9. Records on Appeal. - The records of the case shall remain with the
Commission until the decision or resolution becomes final and executory.

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Sec. 10. Execution. - After the decision has become final and executory, the
records of the case shall be transmitted to the Board for execution or
implementation. After execution of the decision, the records of the case shall be
forwarded to the Legal Division for consignment to the archives.

Sec. 11. Petition for Review with the Court of Appeals. - A party may appeal the
decision of the Commission to the Court of Appeals by way of a petition for
review under Rule 43 of the Rules of Court. In the event the decision or the
resolution of the Commission is elevated to the Court of Appeals or Supreme
Court, the records of the case shall be forwarded by the Commission to the
appellate court as and when required. However, in case the records of the case
have been placed at the archives, the Legal Division shall be responsible for
transmitting the records to the appellate court.

ARTICLE V
EXECUTION OF DECISION, ORDER AND RESOLUTION
Sec. 1. Execution. - Execution shall issue only upon a decision, order or resolution
that finally disposes of the action or proceeding. Such execution shall issue as
matter of right upon the expiration of the period to appeal therefrom if no appeal
has been duly perfected.

Sec. 2. Legal Division to Execute. - Decisions, orders or resolutions of the

Commission or the Board which have become final and executory shall be
immediately enforced and executed by the Legal Division, in coordination with
the concerned Accredited Professional Organizations and government agencies.

Sec. 3. Surrender of Certificate of Registration/License and Professional

Identification Card. - The Chairman of the concerned Board or a member of the
Board designated by the Chairman, shall sign the certification attesting to the
surrender of the Certificate of
Registration/License and Professional Identification Card of a professional who
has been found liable for the offense or violation charged and ordered to
surrender said Certificate and Identification Card in a final and executory
decision. The Boards shall be responsible for the safekeeping of the surrendered
Certificates of Registration/Licenses
and Professional Identification Cards.

ARTICLE VI
INVESTIGATION AGAINST BOARD MEMBERS

Sec. 1. Complaint. - The Commission may, at its own instance or upon a verified
complaint of any interested person, initiate and conduct an administrative
investigation against any member of the Boards for neglect of duty,
incompetence, unprofessional, unethical, immoral or dishonorable conduct,
commission of irregularities in the licensure examinations which taint or impugn
the integrity and credibility of the results of the said examinations, or for such
other causes as provided by law.

Sec. 2. Rules. - The rules of procedure in Article II hereof shall govern the
investigation of cases against the members of the Boards.

ARTICLE VII
INTERNAL BUSINESS

Sec. 1. Report. - Lawyers of the Commission and the Directors or Officers-in-

Charge of the Regional Offices shall submit to the Commission within five (5)
days after the end of every two (2) months a report on the status of all pending
cases handled by them in a form prescribed by the Commission. The Board shall
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likewise submit to the Commission within five (5) days after the end of every two
(2) months a certification stating that they have terminated the cases before them
within the period mandated under these Rules, and if not, the reason/s for the
delay.

Sec. 2. Docket and Legal Research Fees in the Central Office. - Upon filing of the
complaint, the complainant shall pay the docket and legal research fees. After
payment, an administrative case number shall be assigned to the complaint
prefixed with the last two (2) numbers of the year it is filed (e.g. 06-1), and a
verification slip shall be attached
thereto stating therein whether or not the person complained of is an
applicant/examinee of any of the licensure examinations given by the Boards or a
professional registered /licensed with the Commission or a professional issued a
temporary or special permit, or a member of the Board.

Sec. 3. Docket and Legal Research Fees in the Regional Office. - After payment of
the docket and legal research fees, an administrative case number shall be
assigned to the complaint prefixed with "the first three (3) letters of the place
where the Regional Office is located, thus: BAG (Baguio), TUG (Tuguegarao),
LEG (Legaspi), CEB (Cebu), ILO (lloilo), TAC (Tacloban), CAG (Cagayan de Oro),
DAV (Davao), ZAM (Zamboanga), LUC (Lucena) and the last two (2) numbers of
the year it is filed.

Example: A. For registered professionals and holders of temporary or special

permits:
BAGUIOADMINISTRATIVE CASE NO. BAG-06-1
B. For examinees or applicants for licensure examinations:
ADMINISTRATIVE CASE NO. L-BAG-06-1

Sec. 4. Administrative Case Number of Appealed Cases. – After payment of an

appeal and legal research fees, an administrative case number shall be assigned
to the appealed case prefixed with letter "A" and last two (2) numbers of the year
it is filed (E.g. A-06-1).

Sec. 5. Records. - Complaints received by the Regional Office shall be recorded

in a logbook. The logbook shall contain the full names and addresses of the
complainant and the respondent, the Board regulating the profession to which
the respondent belongs, the date when the complaint was received by the
Regional Office, and the charge against the respondent. In addition, the logbook
shall contain information as to whether the complaint was directly filed with the
Regional Office or indorsed by the Central Office, the administrative case number
and the date of filing. The Regional Office shall establish and maintain a
computerized record system of cases. The Legal Division of the Central Office
shall likewise maintain a record of cases forwarded to the Regional Office.All
documents and pleadings filed by the parties with the Regional Office, including
the transcripts of the stenographic notes, minutes of the proceedings and other
papers and documents prepared by the Regional Office shall be at least in
duplicate, chronologically and systematically arranged.

Sec. 6. Jurisdiction. - The Legal Division of the Central Office shall ensure that
the concerned Board has jurisdiction over the person of the respondent by
determining whether he is a registered professional, a holder of temporary or
special permit or has applied with or taken any of the licensure examination
administered by the Commission, and over the subject matter of the complaint,
prior to indorsing the case to the Regional Office. Indorsed complaints shall be
docketed in the Regional Office concerned. If the concerned Board has
jurisdiction over the person of the respondent and over the subject matter of the

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complaint, the Regional Office shall proceed with the case in accordance with
these Rules.

Sec. 7. Decisions on Cases against Professionals. - In case the Regional Office has
a lawyer or its Director or Officer-in-Charge is a lawyer, he shall draft the
decisions, orders or resolutions in the administrative cases against professionals
or holders of temporary or special permits and forward them to the Central Office
for consideration of the Board within sixty (60) days from the submission of
respondent's formal offer of evidence or from the expiration of the period for
such submission. Thereafter, the decisions, orders or resolutions as approved and
signed by the Board shall be sent back to the Regional Office for transmittal to
the parties through their respective lawyers. A party aggrieved by the decision,
order or resolution may file a motion for reconsideration or a notice of appeal
with the Regional office.

Sec. 8. Decisions on Cases against Examinees. - Decisions, orders or resolutions

on administrative cases against examinees shall be signed only by the Director or
Officer-in-Charge of the Regional Office, except those that exonerate the
examinees which shall first be cleared with the Commission Proper before being
signed by the Director or Officer-in-Charge and sent to the examinees.

ARTICLE VIII
SEPARABILITY CLAUSE

If any provision or part of the Rules is declared invalid or unconstitutional by a

competent authority, the other provisions or parts of the Rules not affected shall
remain in full force and effect.

ARTICLE IX
REPEALING CLAUSE

Repeal of Arts. IV, V. VI and VII of the Rules and Regulations Governing the
Regulation and Practice of Professionals issued on January 5, 1988 under
Presidential Decree No. 223 and its amendments, Resolution No. 174, Series of
1990, Resolution No. 233-A, Series of 2004 and the implementing rules and
regulations on administrative investigations of the professional regulatory laws.

ARTICLE X
EFFECTIVITY

The Rules shall take effect after 15 days from publication in the Official Gazette or
in a newspaper of general circulation. Let copies of this Resolution be furnished
the U.P. Law Center.

Promulgated on the 22nd day of June, 2006, in the City of Manila, Philippines.

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COMPLAINT

REPUBLIC OF THE PHILIPPINES

PROFESSIONAL REGULATIONS COMMISSION
CITY OF MANILA

JACINTO B. ROMANO
Complainant
CASE NO. 01-005-12
-versus- FOR: GROSS INCOMPETENCE IN THE
PRACTICE OF PROFESSION AND
NEGLECT OF DUTY
DR. JULIAN C. ASUNCION
Respondent.
x-------------------------------------------x
COMPLAINT

Complainant, through counsel, respectfully avers that:

(1) That petitioner is of legal age, and with residence at No. 27 Bayani Road,
Fort Andres Bonifacio, Taguig City where he may be served with
summonses and other legal processes and that herein respondent is a
resident of Brgy. Lower Bicutan, Taguig City where he may be served with
summonses and other legal processes;

(2) That respondent is a registered Doctor of Medicine as shown by a

certification from the Professional Regulations Commission(attached as
ANNEX “A”) ;

(3) That on or about eleven oçlock (11:00) in the morning of April 29, 2012,
complainant was rushed to the aforementioned Clinic due to severe
stomach pain. That after the routine vital signs check conducted by the
receiving nurse, complainant was immediately referred to respondent who
was the physician-on-duty that day, per evidence showed in the Nurse’s
Logbook, a photocopy of which is hereto attached as ANNEX “B”;

(4) That said respondent only administered Buscopan, a pain reliever, and
advised complainant to just take rest as the pain according to respondent
may only have been triggered by indigestion;

(5) That no further procedures were conducted by respondent to ascertain

any other underlying medical condition of the complainant, who was told
to go home once the pain subsided;

(6) That however upon reaching home, complainant suffered another severe
pain in the same area and suddenly lost consciousness. Thereupon, he was
rushed to St. Luke’s Global City Hospital where it was found out that
complainant’s severe stomach pain was caused by appendicitis. He
immediately went under a surgical procedure to remove the burst
appendix, a medical history report of which is attached as ANNEX “C”
hereof.

(7) That due to incompetence and neglect of his duty in failing to render the
appropriate and necessary medical attention through further examination
of complainant’s condition in the first instance, respondent caused
complainant unnecessary harm to his health which almost cost him his
life;

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PRAYER

Wherefore, it is prayed that after due notice and hearing, judgment be rendered:

(1) Suspending the respondent from the practice of his profession or in the
alternative, the cancellation of his license as a registered physician;
(2) And for such other reliefs as may be just and equitable under the premises.

City of Manila, 10 May 2012.

Atty. PEDRO DELA SERNA

Counsel for the Complainant
40-A Merville Subdivision, Taguig City
Roll of Attorney No. 0123456
IBP No 9876543, Taguig
PTR No. 345678 December 31, 2012 Taguig
MCLE Compliance No. 02-1234, March 20, 2012
.
VERIFICATION

I, under oath, aver that: a.) I am the plaintiff in the afore-entitled case; b.) I
caused the preparation of the Complaint; c.) I have read it and its contents are
true of my own knowledge.

JACINTO B. ROMANO
Complainant

SUBSCRIBED AND SWORN to before me this 10 th day of May 2012 at Manila. I

hereby certify that I have examined the Complainant and that I am fully satisfied
that he has voluntarily executed and understood the contents of his Complaint.

FRANCIS DG. RICAFORT

Notary Public
Until December 31, 2012
Roll No. 0102
PTR No. 12345 01/15/12 Manila
IBP No. 6789 01/15/12 Manila

Doc. No. 02;

Page No. 03;
Book No. II;
Series 2012.

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CERTIFICATE OF NON-FORUM SHOPPING

Under oath, the undersigned hereby certifies that he has not earlier commenced a
similar action against the respondent for the same cause with any other court,
tribunal or quasi-judicial agency.

JACINTO B. ROMANO
Complainant

SUBSCRIBED AND SWORN to before me this 10 th day of May 2012 at Manila. I

hereby certify that I have examined the Complainant and that I am fully satisfied
that he has voluntarily executed and understood the contents of his Complaint.

FRANCIS DG. RICAFORT

Notary Public
Until December 31, 2012
Roll No. 0102
PTR No. 12345 01/15/12 Manila
IBP No. 6789 01/15/12 Manila

Doc. No. 03;

Page No. 04;
Book No. IV;
Series of 2012.

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ANSWER

REPUBLIC OF THE PHILIPPINES

PROFESSIONAL REGULATIONS COMMISSION
CITY OF MANILA

JACINTO B. ROMANO
Plaintiff,
PRC CASE NO. 01-005-12
-versus- FOR: GROSS INCOMPETENCE
IN THE PRACTICE OF
PROFESSION AND NEGLECT
OF DUTY
DR. JULIAN C. ASUNCION
Defendant.
x--------------------------------------------x
ANSWER

NOW COMES the respondent, by counsel, in the above-entitled case to this

Commission most respectfully alleges:

(1) That Respondent admits averments in paragraphs 1, 2 and 3 of the

complaint;

(2) That Respondent specifically denies the allegations made in paragraphs 4,

5, and 7 of the complaint, the truth being that Complainant was
immediately attended to by Respondent and that contrary to the
allegations, a thorough medical diagnosis was conducted on complainant
where after a careful scrutiny of the complete blood test, he was found to
be suffering from acute appendicitis;

(3) That as a matter of standard procedure, complainant was administered

with Buscopan to relieve the stabbing pain in his groin area and that
subsequent thereto Respondent apprised Complainant of his medical
situation which necessitated an immediate surgical removal of the
appendix, medically-termed appendectomy;

(4) That Complainant refused further medical treatment as he claimed that

the pain had already subsided and insisted to go home despite
Respondent’s protestations;

(5) That in view of the Complainant’s determined resolve to go home,

respondent finally relented but not without warning him of the possible
consequences;

(6) That Complainant signed a waiver against any claim against the
Respondent or the clinic itself should any untoward incident happens to
him for his refusal to be treated further, said waiver being witnessed by his
brother, herein attached as ANNEX “A”.

By way of counterclaim, defendant alleges:

(1) That by virtue of this unwarranted and malicious act initiated by the
plaintiff, defendant was forced to engage counsel in the sum of
P50,000.00.

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WHEREFORE, it is respectfully prayed that the complaint be dismissed and
defendant be awarded the amount of three hundred pesos (P50,000.00). Other
reliefs as are just and equitable under the circumstances are likewise prayed for.

19 May 2012, City of Manila, Philippines.

Atty. JUBELUM ABIFF

For the Respondent
02 Ortigas Suite, Malate, Manila
Roll of Attorney No. 98765
IBP No 555222, Manila
PTR No. 333444 07 January 2012, Manila
MCLE Compliance No. 12-0774, March 11, 2012

VERIFICATION

I, under oath, aver that: a.) I am the Respondent in the afore-entitled case; b.) I
caused the preparation of the Answer; c.) I have read it and its contents are true
of my own knowledge.

JULIAN C. ASUNCION
Respondent

SUBSCRIBED AND SWORN to before me this 19 th day of May 2012 at Manila. I

hereby certify that I have examined the Respondent and that I am fully satisfied
that he has voluntarily executed and understood the contents of his Answer.

DENNIS C. BAGAPORO
Notary Public
Until December 31, 2012
Roll No. 00712
PTR No. 0774 02/15/12 Manila
IBP No. 0521 02/15/12 Manila

Doc. No. 03;

Page No. 04;
Book No. III;
Series 2012.

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POSITION

REPUBLIC OF THE PHILIPPINES

PROFESSIONAL REGULATIONS COMMISSION
CITY OF MANILA

JACINTO B. ROMANO
Complainant,
CASE NO. 01-005-12
-versus- FOR: GROSS INCOMPETENCE IN
THE PRACTICE OF PROFESSION
AND NEGLECT OF DUTY

DR. JULIAN C. ASUNCION

Respondent.
x---------------------------------------------x

POSITION PAPER
After due consideration of the evidence presented by both parties,
the physical suffering, not to mention the unexpected hospital expenses as a
result of the inappropriate medical diagnosis and the lack of further medical
procedures resulting from the incompetence of Respondent Dr. Julian C.
Asuncion, brought my client, Jacinto B. Romano, unwarranted emotional and
physical stress.
As a member of the Medical Profession, Dr. Julian C. Asuncion
could have acted diligently, professionally, and competently in the discharge of
his duties as a Physiacian by seeing to it that all possible and further medical
proceduyres are accorded my client. However, his acts during said day were
rather grossly negligent and incompetent and thus warrant revocation of his
license as a Medical Practitioner. The respondent’s actions must never go
unpunished were the health of the nation and its citizens are at stake. Surely
indeed, the esteemed Medical Profession does not need practitioners who have a
little or no regard at all with the safety of their patients like as with my client,
Jacinto B. Romano. The commission should be then and more vigilant of the
actions and behaviour of its members, because to do otherwise is to degrade the
high standard of professionalism in the medical sector.
Concrete and appropriate actions to regulate, discipline, and penalize
errant members are of paramount importance and urgency so that the standards
demanded and expected of the medical profession would always be followed.
Professionalism must always be the guiding principle in the exercise of
profession. Sadly in this regard, Dr. Julian C. Asuncion is found wanting and thus
must be held to account.
It is respectfully prayed for, that this Honorable Commission revoke the
license of Dr. Joseph Ignacio on the grounds of gross incompetence in the
practice of profession and for neglect of duty.
City of Manila, Philippines, May 25, 2012.

Atty. PEDRO DELA SERNA

Counsel for the Complainant
40-A Merville Subdivision, Taguig City
Roll of Attorney No. 0123456
IBP No 9876543, Taguig
PTR No. 345678 December 31, 2012 Taguig
MCLE Compliance No. 02-1234, March 20,
2012
.

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PRE-TRIAL BRIEF

REPUBLIC OF THE PHILIPPINES

PROFESSIONAL REGULATIONS COMMISSION
CITY OF MANILA

JACINTO B. ROMANO
Complainant,
CASE NO. 01-005-12
-versus- FOR: GROSS INCOMPETENCE IN
THE PRACTICE OF PROFESSION
AND NEGLECT OF DUTY

DR. JULIAN C. ASUNCION

Respondent.
x-------------------------------------------x

PRE TRIAL BRIEF

Comes now unto this Honorable Commission, Complainant, by counsel

respectfully submits:

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND

POSSIBLE TERMS OF ANY SUCH SETTLEMENT

Subject to a concrete proposal that is fair and reasonable and a reciprocal

manifestation of openness from Respondent, Complainant is open to the
possibility of amicably settling this dispute.

II STIPULATION OF FACTS

It is hereby stipulated by and between the respective parties that:

1. Complainant Jacinto B. Romano was indeed brought to New Bicutan

Hospital in Taguig City for severe pain in the stomach area;
2. That he was attended to by the physician-on-duty at the time, Dr.
Julian C. Asuncion, who is a member of the Medical Profession as
evidenced by the PRC Book of Registry, Book V, Page 234;
3. That complainant was administered initially with Buscopan, a pain
reliever;
4. That complainant was brought to St. Luke’s Global City Hospital where
he underwent an appendectomy.

III ISSUES TO BE TRIED AND RESOLVED

1. Whether or not complainant was misdiagnosed by Respondent which

resulted to complainant’s near-death;
2. Whether or not appropriate medical procdures were conducted by
Respondnet to assure the safety and health of patient-complainnt.
3. Whether or not the respective parties are entitled to the reliefs prayed
for in their respective pleadings.

IV EVIDENCE TO BE PRESENTED

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1. Certification from the PRC per Book of Registry for Doctors

- To show that Dr. Julian C. Asuncion is a member of the medical profession
licensed to practice in the Philippines;

2. Photocopy of the Nurse’s Logbook, page 123, Book 1.

- To show that complainant was received at the New Bicutan Hospital;

3. Doctor’s Surgical Report at St. Luke’s Global City Hospital

- To show that complainant indeed was operated on for appendectomy.

V WITNESSES TO BE PRESENTED

Herein complainant, by counsel, likewise submits the names of the

witnesses and a brief explanation of the substance of their testimonies. The
following named witnesses shall be testifying for the complainant for about three
(3) hearing days:

1. Mr. James C. Asuncion, complainant’s brother, who will be testifying on the

waiver his brother signed at the New Bicutan Hospital before his brother was
released therefrom;

2. Dr. Aldo G. Olaguer, the resident ER physician who will testify on medical
condition of complainant during the time said complainant was frist brought to
the Hospital;

3. Dr. Lido T. Rosit, the Surgeon who will be testifying on the surgical operation
which he conducted for the complainant.

Finally, it is manifested by complainant, thru counsel, that he is making

an express reservation unto this Honorable Commission on the possibility of
requiring the Nursing Staff and the Medical Director of the New Bicutan
Hospital, Taguig City to testify as hostile witnesses if and when the trial
necessitates their presence therein.

City of Manila, Philippines, May 30, 2012.

Atty. PEDRO DELA SERNA

Counsel for the Complainant
40-A Merville Subdivision, Taguig City
Roll of Attorney No. 0123456
IBP No 9876543, Taguig
PTR No. 345678 December 31, 2012 Taguig
MCLE Compliance No. 02-1234, March 20, 2012

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PETITION FOR CHANGE OF REGISTERED NAME DUE TO
MARRIAGE

REPUBLIC OF THE PHILIPPINES

PROFESSIONAL REGULATIONS COMMISSION
CITY OF MANILA

PETITION FOR CHANGE OF REGISTERED NAME DUE TO

MARRIAGE

I, MA. LOURDES B. TRAJANO, of legal age, married, born on

December 16, 1981 at Legazpi City, Albay, and a resident of No. 23
Matalino St., Diliman, Quezon City do hereby apply for change of name
from MA. LOURDES BARJA to MA. LOURDES BARJA-TRAJANO in the
records of the Board for Physicians and the Commission.

I took and passed the examination given by the Board in October

2002 and was registered as Doctor of Medicine with Registration No. 1122
dated October 28, 2002 and I got married to NELSON A. TRAJANO at
Tabaco, Albay on April 25, 2012. (A copy of Marriage Contract is herewith
attached as ANNEX “A”).

I DO HEREBY CERTIFY that the foregoing dates and those in the

attached Marriage Contract are all true and correct of my own knowledge
and that any false declaration herein and in the annex shall hold me liable
for criminal / administrative prosecution.

22 May 2012, City of Manila Philippines.

SIGNATURE (Maiden Name) ________________

SIGNATURE (Married Name) ___________________

SUBSCRIBED AND SWORN to before me this 22 nd day of May 2012

in the City of Manila, Philippines Manila. I hereby certify that I have
examined the Petitioner and that I am fully satisfied that she has
voluntarily executed and understood the contents of her Petition.

DENNIS C. BAGAPORO
Notary Public
Until December 31, 2012
Roll No. 00712
PTR No. 0774 02/15/12 Manila
IBP No. 0521 02/15/12 Manila

Doc. No. 03;

Page No. 04;
Book No. III;

624 | A d v a n c e L e g a l W r i t i n g
 ADMINISTRATIVE CASES
PROFESSIONAL REGULATORY COMMISSION PROCEEDINGS
Series 2012.

625 | A d v a n c e L e g a l W r i t i n g