REPUBLIC OF THE PHILIPPINES
House of Representatives
Quezon City

16% Congress
3r¢ Regular Session

HOUSE BILL NO. 6185

Introduced by Congressman Alfredo D. Vargas III

EXPLANATORY NOTE

One of the objectives of the envisioned ASEAN Economic Community is to facilitate
movement of business persons, skilled labors and talents in the region. As one of the founding
members of the ASEAN, the Philippines must be ready to allow the exchange and practice of
professionals from ASEAN nations in our country.

However, it may be difficult to implement provisions on labor mobility in the country due to
the Constitutional! and statutory restrictions, which include the Foreign Investment Act of 1991?
the Professional Regulation Commission Modernization Act, 9 and the Labor Code of the
Philippines*.

‘This proposed legislation not only seeks to prepare the Philippines for the full integration of
the ASEAN communities but also to provide clear guidelines in implementing foreign reciprocity.
Under the bill, professionals from other nations shall be allowed to practice in the Philippines only
if the country where they are registered also allows Filipino professionals in the same field to
practice their profession within their territorial jurisdiction on the same basis as the citizens of
such foreign country, state or territory.

To further strengthen the global competitiveness of Filipino professionals and to fully

prepare the country for the implementation of the ASEAN Economic Community, the passage of this
measure is earnestly sought.

“ALFREOO D. VARGAS IIL

* Article XH, Section 14 of the Philippine Constitution provides that the practice ofall professions in the Philippines
shall be limited to Filipino citizens.

2 Republic Act 7041 restricts the following professions to Filipinos: engineering, medicine and allied professions,
accountancy, architecture, criminology, chemistry, customs brokerage, environmental planning, forestry, geology,
interior design, landscape architecture, and law.

3 Republic Act 8981 allows exceptions by permitting foreign professionals to work in the Philippines pursuant to
foreign reciprocity provisions.

“This states that foreigners may be admitted to the Philippines for the supply of service if itis determined that no
Filipino is capable and willing to perform the services for which the foreigner is desired,



REPUBLIC OF THE PHILIPPINES
House of Representatives
Quezon City

16" Congress.
34 Regular Session

6185

HOUSE BILL NO.

Introduced by Congressman Alfredo D. Vargas III

AN ACT
IMPOSING RECIPROCITY AS A REQUIREMENT BEFORE ALLOWING FOREIGN
NATIONALS TO PRACTICE THEIR PROFESSIONS IN THE PHILIPPINES IN
PREPARATION FOR THE ASEAN ECONOMIC COMMUNITY INTEGRATION

Be it enacted by the Senate and the House of Representatives of the Republic of the
Philippines in Congress assembled:

SECTION 1. Declaration of Policy. - It is hereby declared to be the policy of the
State to protect and promote the interest and well-being of every licensed Filipino
professional in the country by way of placing them in a level playing field with their foreign
counterpart and at the same time providing a policy that will foster and provide our own
professionals the chance to expand their career opportunities both in and out of the
country.

Sec. 2. Practice of profession by Foreign citizens or nationals; Requirement of
reciprocity. ~ A foreign subject, citizen or national may be allowed to take the licensure
examination or may be granted a certificate of registration/professional license and
professional identification card to practice any profession regulated by the Professional
Regulation Commission (PRC) if the state, country of which he/she is a subject, citizen or
national, specifically permits Filipino professionals who are registered and licensed to
practice in the same regulated profession in the Philippines and who hold a valid Certificate
of Registration and Professional Identification Card from the PRC, to practice their
profession within their national jurisdiction on the same basis as the subjects, nationals or
citizens of such foreign country.

Sec. 3. Implementing Rules and Regulations, - For this purpose, the PRC, in
consultation with the Department of Foreign Affairs (DFA) and the Department of Labor
and Employment (DOLE) and other relevant agencies and stakeholders, shall issue the
necessary implementing rules and regulations within sixty (60) days upon the enactment
and effectivity of this Act and shall set the guidelines for the monitoring of the proper
implementation thereof.


Sec. 4. Separability Clause. - If any part or provisions of this Act is declared invalid
or unconstitutional, the other provisions not affected thereby shall remain in force and
effect.

Sec. 5, Repealing Clause. - All laws, decrees, executive orders and other
administrative issuances and parts thereof, which are inconsistent with the provisions of
this Act, is hereby amended, repealed or modified accordingly.

Sec. 6, Effectivity. - This Act shall take effect (15) days after its publication in the
Official Gazette and in at least two (2) newspapers of national circulation.

Approved,