Republic Act No. 9246

This Act shall be known as "The Philippine Librarianship Act of 2003."

The State recognizes the essential role of librarianship as a profession in developing the intellectual capacity of the citizenry thus making library service a regular component for national development. It shall, through honest, effective and credible licensure examination and regulatory measures, undertake programs and activities that would promote and nurture the professional growth and well-being of competent, virtuous, productive and well-rounded librarians whose standards of practice and service shall be characterized by excellence, quality, and geared towards world-class global competitiveness.

This Act shall govern the following:

As used in this Act, the following terms shall be defined:

Librarianship shall deal with the performance of the librarian's functions, which shall include, but not be limited to the following:

CREATION OF THE PROFESSIONAL REGULATORY BOARD FOR LIBRARIANS

There is hereby created a Professional Regulatory Board for Librarians, hereinafter called the Board, under the administrative supervision and control of the Professional Regulation Commission, hereinafter referred to as the Commission, to be composed of a Chairperson and two (2) members who shall be appointed by the President of the Philippines from among the list of three (3) recommendees for each position submitted by the Commission from among the list of five (5) nominees for each position submitted by the accredited integrated national professional organization of librarians from among the librarians of recognized standing who qualify under Section 7 of this Act. The new Board shall be constituted within three (3) months from the effectivity of this Act.

The Chairperson and members of the Board, at the time of their appointment, shall posses the following qualifications:

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 responsiblities;

The Chairperson and the members of the Board shall hold office for a term of three (3) years until their successors shall have been appointed and duly qualified: Provided, That members of the first Board to be appointed after the approval of this Act shall hold office for the following terms: the Chairperson for three (3) years, one member for two (2) years and the other member for one (1) year. Provided, further, That the Chairperson or any member may be reappointed for another term of three (3) years but in no case shall the whole term exceed six (6) years. Interim vacancies in the Board shall be filled for the unexpired portion of the term only. Each member shall take the proper oath of office.

The Chairperson and members of the Board shall receive compensation and allowances comparable to that being received by the Chairperson and members of existing regulatory boards under the Commission as provided for in the General Appropriations Act.

The Chairperson or any member of the Board may be removed or suspended by the President of the Philippines on recommendation of the Commission if found guilty after a proper administrative investigation, based on the following grounds: neglect of duty, incompetence, unprofessional, unethical, immoral or dishonorable conduct; any violation of this Act, or the Code of Ethics and the Code of Technical Standards for Librarians; or commission or toleration of irregularities in the examination such as manipulation, rigging of examination results, disclosure of secrets and information on examination questions prior to conduct of examination, tampering of grades or final judgment, or criminal offense involving moral turpitude.

The Chairperson of the Commission shall be the Executive Officer of the Board and shall conduct the licensure examination for librarians. The Commission shall designate the Secretary of the Board and shall provide the Secretariat and other support services to implement the provisions of this Act.

All records of the Board including the examination papers, minutes of deliberations, and records of administrative proceedings and investigations shall be kept by the Commission under the direct custody of the Secretary.

The Board shall submit to the Commission after the close of each calendar year, its annual report of accomplishments which shall include a detailed account of the operation of the Board for the year and the appropriate recommendation on issues or problems affecting the profession.

Applications for registration, except those specifically allowed under Section 19 of this Act, shall be required to undergo a written licensure examination to be given by the Board in such places and dates the Commission may designate subject to compliance with the requirements prescribed by the Commission.

Applicants for licensure examination must meet the following qualifications at the time of filing of applications:

The licensure examination for librarianship shall consist of the following subjects;

To be qualified as having passed the licensure examination, a candidate must obtain a weighted general average of seventy-five percent (75%), with no grade lower than fifty percent (50%) in any subject.

The Board shall report to the Commission the results of the examination and the ratings of the examinees within ten (10) days after the examination.

Upon application and payment of the required fees, the Board shall issue a Certificate of Registration and Professional Identification Card to an applicant who, on the date of effectrivity of Republic Act No. 6966, is:

The Commission, on recommendation of the Board, shall issue a Certificate of Registration and Professional Identification Card to each person who passed the licensure examination for librarians and to those who are registered without examination under this Act and shall enter name of the registered professional in the Roster of Philippine Librarians.

The Certificate of Registration shall bear the signature of the Chairperson of the Commission and the Chairperson and members of the Board, stamped with official seals of the Board and Commission indicating that the person named therein is entitled to the practice of the profession with all the privileges appurtenant thereto. The said certificate of registration shall remain in full force and effect until suspended or revoked in accordance with this Act.

A professional identification card bearing the name and signature of the registrant, registration number, date of issuance, expiry date, duly signed by the Chairperson of the Commission, shall likewise be issued to every registrant who has paid the prescribed fee.

All successful examinees qualified for registration and all qualified applicants for registration without examination shall be required to take an aoth of profession before any Commission Officer, or member of the Board or any government official authorized to administer oaths, prior to entering into practice of librarianship in the Philippines.

The Board shall not register any successful examinee nor any applicant for registration without examination if he/she has been convicted by a court of competent jurisdiction of any criminal offexnse involving moral turpitude or has been found guilty of immoral and ishonorable conduct after investigation of the Board, or has been declared to be of unsound mind. The reason for the refusal shall be set forth in writing.

Revocation and Suspension of Certifcate of Registration and Professional Identification Card or Cancellation of Temporary/Special Permit. - The Board has the power, after due notice and hearing, to revoke or suspend the Certificate of Registration or cancel a temporary or special permit of any librarian on any ground stated under Section 22 of this Act, or for any of the following: unprofessional or dishonorable conduct; practice of librarianship; fraud; deceit or falsification in obtaining a certificate of registration, professional identification card, or temporary/special permit; abetment of illegal practice by allowing illegal use of his/her certificate of registration, or professional identification card, or temporary/special permit; practice of profession during the period of suspension; or any violation of this Act, its Implementing Rules and Regulations, the Code of Ethics or the Code of Technical Standards for Librarians, or Board policies. The respondent may appeal the Board's decision, order/resolution to the Commission within fifteen (15) days from receipt thereof,

Reissuance of Revoked Certificate of Registration and Replacement of Lost Certificate of Registration and Professional Identification Card. - The Board after two (2) years from the date of revocation of the Ceritificate of Registration may reissue a certificate upon proper application.

A new Certificate of Registration and Professional Identification Card or temporary/special permit, which has been lost, destroyed or mutilated, may be reissued after payment of the required fee prescribed by the Commission.

The Board, in coordination with the accredited and integrated national organization of librarians, shall maintain an up-to-date, complete and properly organized Roster, which shall include those who had been issued Certificates of Registration under Republic Act No. 6966 and those who shall qualify under this Act, to contain the following data;

A person who does not have a valid Certificate of Registration and Professional Identification Card or a temporary/special permit from the Commission shall not practice or offer tp practice librarianship in the Philippines or assume any position, which involve performing the function of a librarian as provided under Section 5 of this Act.

The Certificate of Registration, Professional Identification Card and Professional Tax Receipt number of the librarian shall be reflected in any document issued/signed in connection with the practice of the profession.

Alibrarian from another country shall be admitted for licensure examination, be issued a Certificate of Registration and Professional Identification Card and be entitle to the rights and privileges appurtenant to this Act, if the country or state he/she is a citizen of or subject, permits Filipino librarians of said country or state: Provided, That the requirements for Certificate of Registration in said country or state are substantially the same as the requirements under this Act: Provided, further, That the law of such country or state grants Filipino librarians the same privileges as the citizens/subjects of that country/state.

All practicing librarians who are registered at the time this Act takes effect shall automatically be registered.

All registered librarians shall be integrated under a single organization recognized and accredited by the Board and approved by the Commission.

A librarian duly registered and licensed by the Board and the Commission shall automatically become a member of the integrated and accredited professional organization and shall receive the benefits and privileges appurtenant thereto upon payment of the required fees and dues. Membership in the integrated and accredited professional organization shall not be a bar to membership in any other association of librarians.

Only qualified and licensed librarians shall be employed as librarians in all government libraries. Local government units shall be given a period of three (3) years from the approval of this Act to comply with this provision.

Any person who practices or offers to practice any function of a librarian as provided for under Section 5 of this Act who is not registered and has not been issued by the Commission a Certicate of Registration and Professional Identification Card, or a temporary license/permit or who violates any of the provisions of this Act, its Implementing Rules and Regulations, shall, upon conviction , be penalized by a fine of not less that Thirty thousand pesos (P100,000.00), or imprisonment of not less than one (1) month nor more than three (3) years at the discretion of the court.

The Chairperson of the Professional Regulation Commission shall immediately include in the Commission's program the implementation this Act, the funding which shall be included in the annual General Appropriations Act.

The present Board shall continue to function in the interim until such time as the new Board shall have been constituted pursuant to this Act.

The Board, subject to the approval of the Commission, shall promulgate, adopt and issue rules and regulations, and the Code of Ethics and the Code of Technical Standards for Librarians which shall take effect fifteen (15) days following publication in the official Gazette or newspaper of general circulation.

If any clause, provision, paragraph or part hereof shall be declared unconstitutional or invalid, such judgment shall affect, invalidate or impair any other part hereof, but such judgement shall be merely confined to the clause, provision, paragraph or part directly involved in the controversy in which such judgment has been rendered.

Republic Act No. 6966 is hereby repealed and all other laws, decrees, orders, rules, regulations, ordinances or parts thereof which are inconsistent with this Act are hereby repealed or amended accordingly,

This Act shall take effect fifteen (15) days following its publication in the Official Gazette or a national newspaper of general circulation.