Commissioner Eric C. Nubla

January 21, 1985 Commissioner Eric C. Nubla Professional Regulation Commission P. Paredes St. corner Morayta Sampaloc, Manila Sir : This has reference to your letter dated September 6, 1984, requesting that by-laws of accredited professional associations and any amendment thereto be coursed first to that Commission for determination and certification that such by-laws or amendment conforms to policies, laws, rules and regulations, governing the regulation and licensing of professionals. llcd A perusal of Section 3 of P.D. No. 223, as amended by P.D. No. 657, fails to show any grant of power in favor of the Professional Regulation Commission which would authorize it to pass upon the by-laws or internal rules and regulations of non-stock corporations organized for the benefit and welfare of the professionals of one discipline While it is true that under Section 5(n) of P.D. No. 223, as amended, the PRC may promulgate rules and regulations as may be necessary to implement policies with respect to the regulation and practice of professionals, such rule-making power is limited to "filling in of details of general policy embodied in a statute". (Puruganan, Gregorio, Lecture Notes on Administrative Rule-Making: Problems and Perspective). Rule-Making has its objective in general, the "filling in of details of legislative policy, to implement or prescribe law or specify policy for the future, the regulations adopted must be in harmony with the provisions of the law, and for the sole purpose of carrying into effect its general provisions. By such regulations, the law itself cannot be extended". (Puruganan, Supra). Thus, in order to meet your request, it shall be highly appreciated if you can furnish us a copy of any Presidential Decree, L.O.I., Executive Order, or Special Law which may serve as a basis for the referral to your office of the by-laws of non-stock corporations of accredited professional disciplines. Very truly yours, (SGD.) MANUEL G. ABELLO Chairman