Implementing Rules and Regulations of Republic Act No. 9246

September 15, 2004

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9246: "AN ACT MODERNIZING THE PRACTICE OF LIBRARIANSHIP IN THE PHILIPPINES THEREBY REPEALING REPUBLIC ACT NO. 6966, ENTITLED: "AN ACT REGULATING THE PRACTICE OF LIBRARIANSHIP AND PRESCRIBING THE QUALIFICATIONS OF LIBRARIANS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES"

Pursuant to Section 8, Paragraph (a), Article II and Section 35, Article V of Republic Act 9246, known as "The Philippine Librarianship Act of 2003", the Board for Librarians hereby prescribes, promulgates, and issues the following Rules and Regulations that shall govern the implementation of the provisions of said law.

RULE I

Title, Statement of Policy, Definition of Terms, Scope of the Practice

SECTION 1. Title. — This Resolution shall be known as the Implementing Rules and Regulations (IRR) of Republic Act No. 9246, or for brevity as "The IRR of the Philippine Librarianship Act of 2003".

SECTION 2. Statement of Policy. — The State recognizes the essential role of librarianship as a profession in developing the intellectual capacity of every Filipino, thereby making library service a regular component for national development. It shall, through honest, effective and credible licensure examination and regulatory measures shall undertake programs and activities that will:

a) promote and nurture the professional growth and well-being of competent, virtuous, productive and well rounded librarians, and

b) advance their standards of service and practice characterized by excellence, quality, and geared towards world-class global competitiveness.

This IRR of "The Philippine Librarianship Act of 2003" shall be interpreted, construed, and carried out in the light of the Statement of Policy found in Section 2, Article I of R.A. 9246.

SECTION 3. Objectives. — This Resolution shall govern the following:

a. National examination for licensure, registration of librarians, issuance of Certificate of Registration and Professional Identification Card;

b. Supervision, control and regulation of practice of librarianship;

c. Integration of librarians under one national organization;

d. Development of professional competence of librarians.

SECTION 4. Definition of Terms. — For purposes of IRR of R.A. 9246, the following terms shall be defined:

a. Librarian — refers to an individual who is a bona fide holder of a Certificate of Registration and Professional Identification Card issued by the Professional Regulatory Board for Librarians and by the Professional Regulation Commission in accordance with R.A. 9246

b. Commission — refers to the Professional Regulation Commission.

c. Board — refers to the Professional Regulatory Board for Librarians

d. Computer-assisted/computer-backed information systems — refer to applications of computer technologies that aid in facilitating communication between and among users within and beyond the library walls.

c. n Conservation — refers to the use of chemical and physical procedures in the treatment of pest-infested or damaged books, manuscripts, records and other documents to ensure their preservation.

d. n Consultancy Service — refers to a special counsel rendered to a library by an expert or group of experts usually external, commissioned to study and assess the overall operation or specific areas of concern to improve library service for a corresponding professional fee.

e. Database — refers to a collection of logically related data that supports shared access by multiple users and is protected and managed to retain its value over time.

f. Information Technology — refers to the electronic means of capturing, processing and communicating information for fast delivery of services and other operations.

g. Information Science — refers to the study of the creation, use, and management of information in all its forms. TaHDAS

h. Librarianship — refers to the profession concerned with the application of the principles, theories, techniques and technologies of recorded knowledge that contribute to the establishment, organization, dissemination, utilization, and preservation of collections of library materials.

i. Library/Information Center — refers to an organization managed by licensed librarians that holds, acquires, and builds collections of sources of information and provides physical, bibliographical and intellectual access to information they contain.

j. Library Information System — refers to customized or commercialized computer-assisted software/hardware package that automates the different library functions and provides access to online and network services.

k. Library Management/Administration — (to avoid confusion over semantics, they will be used interchangeably) refers to a group of executive functions applied to libraries such as planning, programming, organizing, directing, coordinating, reporting, controlling, and appraising performance in order to achieve optimum efficiency and benefit from library service.

l. Library Science — refers to the body of knowledge on the art and science of acquiring, selecting, organizing, preserving sources of information, their proper and timely dissemination, and/or opportunities for optimum access.

m. Multi-Media — refers to a combination of more than one type of medium of information resource available in print, non-print, and electronic/digitized formats.

SECTION 5. Scope of the Practice of Librarianship. — Librarianship shall deal with the performance of the librarian's function, which shall include, but not be limited to the following:

1. Selection and acquisition of multi-media sources of Information which would best respond to clientele's need for adequate, relevant and timely information based on a collection development policy/program;

2. Cataloguing and classification of knowledge or sources of information into relevant organized collections and creation of local databases for speedy access, retrieval or delivery of information;

3. Development of computer-assisted/computer-backed information systems which would permit online and network services;

4. Establishment of library system and procedures for dissemination of information; rendering of information, reference and research assistance; archiving library materials; and education of users;

5. Teaching, mentoring, lecturing and reviewing of library, archives and information science subjects taught in library schools, including subjects given in the licensure examination;

6. Rendering of services involving technical knowledge/expertise in abstracting, indexing, cataloguing and classifying; or the preparation of bibliographies, subject authority lists, thesauri, union catalogues, and finding aids;

7. Preparation, evaluation or appraisal of plans, programs and/or projects for the establishment, organization, development and growth of libraries or information centers, and the determination of library requirements for space, buildings, structures or facilities;

8. Provision of professional and consultancy services or advice on any aspect of librarianship;

9. Organization, conservation, preservation and restoration of historical and cultural documents and other intellectual properties.

10. Managing or directing the overall operations of the library/information center or one of its divisions, departments, or sections;

11. Rendering accreditation service to a library for the purpose of assessing the overall operation or specific areas of concern to improve library service. 2005cdasia

RULE II

Creation of the Professional Regulatory Board for Librarians

SECTION 6. Creation and Composition of the Board. — The Professional Regulatory Board for Librarians, hereinafter referred to as the Board for Librarians, a three-man board created under the provisions of Republic Act No. 9246, shall be under the administrative supervision and control of the Professional Regulation Commission, hereinafter referred to as the Commission. 2005cdasia

The Board for Librarians shall be composed of a Chairperson and two (2) members who shall be appointed by the President of the Republic of the Philippines from among the list of three (3) recommendees for each position submitted by the Commission. The Commission, in turn, shall select its recommendees 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 R.A. 9246. cdasia2005

The new Board shall be constituted within three (3) months from the effectivity of R.A. 9246.

SECTION 7. Qualifications of Members of the Board. — The Chairperson and members of the Board, at the time of their appointment, shall possess the following qualifications:

a. A natural born citizen and resident of the Philippines;

b. A good reputation and moral character;

c. A librarian as defined in "Section 4(a)" of R.A. 9246;

d. Active in the practice of librarianship for at least ten (10) years, five (5) years of which is in a managerial position;

e. Must not be a member of the faculty of a university, college, school or institution conferring the academic degree on librarianship, or offering review classes for librarian licensure examination; nor a person who has a direct or indirect pecuniary interest in any such institution; and

f. Must not be an incumbent officer of the accredited, integrated national professional organization of librarians.

SECTION 8. Powers, Functions and Duties of the Board. — The Board shall exercise executive/administrative, rule making and quasi-judicial powers in carrying out the provisions of R.A. 9246. The specific powers, functions, duties and responsibilities of the Board are as follows:

a. To promulgate and administer the IRR of "The Philippine Librarianship Act of 2003" necessary to carry out the provisions of R.A. 9246;

b. To administer oaths in connection with the administration of R.A. 9246;

c. To adopt an official seal of the Board;

d. To issue, suspend or revoke the Certificate of Registration and Professional Identification Card or grant or cancel a temporary/special permit;

e. To look into the conditions affecting the practice of librarianship, and when necessary, adopt such measures as may be deemed proper for the enhancement and maintenance of high ethical, moral and professional standards of librarianship;

f. To adopt policies and set the standards for all types of libraries, librarians and practice of librarianship;

g. To ensure, in coordination with the Commission on Higher Education (CHED), that all institutions offering library, archives, and information science education comply with prescribed standards for curriculum faculty and facilities for course offerings of library science, or library and information science;

h. To adopt and prescribe a Code of Ethics and a Code of Technical Standards for Librarians;

i. To hear and decide administrative cases involving violations of R.A. 9246, the IRR of "The Philippine Librarianship Act of 2003" or Code of Ethics including provisions of the Code of Good Governance for the Profession in the Philippines or Code of Technical Standards for Librarians; and for this purpose, shall issue summons, subpoena ad testificandum and subpoena duces tecum to ensure the appearance of witnesses/violators to compel their attendance and the presentation of relevant documents in connection with such investigations or hearings; SAHITC

j. To prescribe guidelines in the Continuing Professional Education (CPE) in coordination with the accredited and integrated association for professional librarians;

k. To prepare, adopt, issue or amend the syllabi or terms of specification of subjects for the librarian licensure examination consistent with the policies and standards set by the CHED in consultation with the academe in accordance with Sec. 9 (h) of R.A. No. 8981;

l. To discharge other powers and duties as the Board may deem necessary for the practice of librarianship and the continued growth and development of librarians, libraries and library education in the Philippines;

m. To act as a quasi-judicial body with the powers provided in R.A. No. 9246 and Sec. 9 of R.A. 8981 which are not limited to the following:

1. To delegate the hearing or investigation of cases filed before the Board, except in cases where the issue or question strictly involves the practice of librarianship, in which case, the hearing shall be presided over by at least one (1) member of the Board assisted by a Legal or Hearing Officer of the Commission, subject to the applicable provisions of R.A. 9246.

2. To conduct, through the Legal Officers of the Commission, summary proceedings on minor violations of R.A. 9246 and violations of the general instructions to examinees committed by examinees, and to render summary judgments thereon.

3. To render judgments or decisions in all investigations and hearings as a collegial body and by a majority vote of all its members subject to the provisions of R.A. 9246. Provided, That, all such judgments or decisions shall, unless appealed to the Commission, become final and executory after fifteen (15) days from the receipt of the notice of judgment or decision.

n. To act as a licensure examination body with powers which are not limited to the following:

1. To determine and prepare the questions for the licensure examinations which shall strictly be within the scope of the syllabus or table of specifications of the subjects for examination.

2. To score and rate the examination papers with the name and signature of the Board member concerned appearing thereon and submit the results in all subjects duly signed by the members of the Board to the Commission within ten (10) days from the last day of the examination unless extended by the Commission for justifiable cause/s.

o. To conduct ocular inspections in schools, colleges or universities, in coordination with the Commission on Higher Education (CHED)

The policies, resolutions, rules and regulations issued or promulgated by the Board shall be subject to review and approval of the Commission. However, the Board's decision, resolution or order rendered in administrative case shall be subject to review only if on appeal.

SECTION 9. Term of Office. — 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 the members of the first Board to be appointed after the approval of R.A. 9246, 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 of the Board may be reappointed for another term of three (3) years but in no case shall the whole term exceed six (6) years. Each member shall take the proper oath of office.

SECTION 10. Compensation of the Board. — The members of the Board shall receive compensation equivalent to, at least, two salary grades lower than the salary grade of the Commissioners: Provided, That, the Chairperson shall receive a monthly compensation of two salary steps higher than the members of the Board; Provided, further, that they shall be entitled to other allowances and benefits provided under existing laws, and Provided, finally, That this section shall be implemented in accordance with the Circular to be issued jointly by the Department of Budget and Management (DBM) and the Commission as provided for in the General Appropriations Act (GAA).

SECTION 11. Removal or Suspension of Board Members. — 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 R.A. 9246, 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 Commission in the conduct of the investigation shall be guided by Sec. 7(s) of R.A No. 8981.

SECTION 12. Executive Officer and the Secretary of the Board. — 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 R.A. 9246.

All records of the Board including the applications for examinations, examination papers, answer sheets, minutes of deliberations, and other records and documents pertaining to licensure examination, records of administrative proceedings and investigations shall be kept by the Commission under the direct custody of the Secretary.

SECTION 13. Annual Report. — 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.

RULE III

Licensure Examination and Registration

SECTION 14. Examinations. — Applicants for registration, except those specifically allowed under Section 19 of R.A. 9246 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.

SECTION 15. Qualification of Applicants. — Applicants for licensure examination must meet the following qualifications at the time of filing of applications:

a) He/She is a citizen of the Philippines or a foreign citizen whose country has reciprocity with the Philippines in the practice of librarianship as provided for in Sec. 28, Art. IV of R.A. 9246 and Sec. 27, Rule IV of this "IRR of the Philippine Librarianship Act of 2003';

b) He/She is in good health and possesses good moral character;

c) He/She is a graduate of Bachelor's degree in Library Science and Information Science: Provided, That a holder of a master's degree in Library and Information Science shall be allowed to qualify for application to the licensure examinations in accordance with the following proviso: Provided, further, That within five (5) years from the effectivity of R.A. 9246 (March 16, 2004), holders of the following degrees shall also be allowed to qualify for application to the licensure examination:

1. Bachelor of Science in Education or Elementary Education; or Bachelor of Arts with a major or specialization, at least eighteen (18) units in Library Science;

2. Master of Arts in Library Science or Library and Information Science; or

3. Any masteral degree with concentration in Library Science, at least eighteen (18) units.

The Board shall require any person applying for examination to submit the following supporting documents with an accomplished form prescribed by the Commission:

1. Birth Certificate and Marriage Certificate (if married) issued by the National Statistics Office on NSO security paper.

2. Diploma and Transcript of Records with date of graduation and Special Order, if applicable (photocopy to be retained);

3. Certificate of Naturalization, if necessary;

4. Certificate of good moral character issued by current employer or local Barangay official or parish priest or religious minister/pastor.

SECTION 16. Scope of Examination. — The licensure examination for librarianship shall cover the following subjects:

1. selection and acquisition of multi-media sources of information;

2. cataloguing and classification;

3. indexing and abstracting;

4. reference, bibliography and information services;

5. organization, management and development and maintenance of multi-media based library or information service, laws, trends and practices affecting the profession;

6. information technology.

The Board may modify or add to the above subjects as needs and demands in the library profession may require.

SECTION 17. Ratings in the Board Examination. — 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 may adopt its own internal procedures on the implementation of this provision.

SECTION 18. Report of Results of Examination. — 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. Provided, That, the report of rating may be distributed to the successful examinees during their mass oath taking as new registered/licensed librarians.

SECTION 19. Registration without Examination. — The Board shall issue to any person, upon application and payment of the required fees, a Certificate of Registration and a Professional Identification Card as a registered librarian, provided he/she meets any of the following qualifications obtained from the date of the effectivity of Republic Act No. 6966 (on or before December 5, 1990) as prescribed under Sec. 19 of R.A. 9246:

a. a practicing librarian with a bachelor's degree, and a librarian or supervising librarian eligibility; or

b. a practicing librarian who completed at least a bachelor's degree, eighteen (18) units in Library Science, five (5) years experience in librarianship, and a first grade eligible or its equivalent; or

c. a practicing librarian with a master's degree in Library Science or Library and Information Science, a first grade eligible or its equivalent; or

d. a practicing librarian with a bachelor's degree, eighteen (18) units in Library Science, and seven (7) years experience in librarianship.

Those who qualify under any of the foregoing categories shall be given three (3) years reckoned from the effectivity of R.A. 9246 (on March 16, 2004) to apply for exemption and be included in the Roster of Philippine Librarians.

The Board shall require any person applying for exemption from the licensure examination to submit the following documents together with the prescribed application form:

a. Certificate of a Librarian/Supervising Librarian eligibility duly authenticated by the Civil Service Commission, when applicable;

b. Diploma and Transcript of Records with Special Order Number and Date of Graduation or certified photocopy by the school authority;

c. Service Records indicating the position title with the duties for the position duly certified by the Personnel Officer and notarized;

d. Certification of good moral character issued by three (3) persons of good standing in his/her community one of which must be issued by the Barangay Captain/Chairman in the community where the applicant resides (Original copy); and

e. NBI and Ombudsman Clearances for government-employed applicants, or NBI Clearance for privately-employed applicants.

SECTION 20. Issuance of Certificate of Registration and Professional Identification Card. — Those who passed the licensure examination for librarians, or are registered without examination under R.A. 9246 shall be issued a Certificate of Registration and Professional Identification Card by the Commission upon the recommendation of the Board, and shall be included 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 the official seals of the Board and the Commission indicating that the person named therein is entitled to practice the profession with all the privileges appurtenant thereto. The said Certificate shall remain in full force and effect until suspended or revoked in accordance with R.A. 9246.

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 of annual registration for three (3) years; Provided, that, the re-issuance or renewal of the said card shall be subject to payment of the annual registration fees for another and every after three (3) years.

SECTION 21. Oath of Profession. — All successful examinees qualified for registration and all qualified applicants for registration without examination shall be required to take an oath of profession before any Commission Officer or member of the Board or any government official authorized to administer oaths prior to entering into the practice of librarianship in the Philippines on a date and place determined by the Board and approved by the Commission.

The successful examinee shall register at the Professional Regulation Commission after having taken his/her oath and upon payment of the required fees shall be issued a Certificate of Registration and a Professional Identification Card.

SECTION 22. Refusal to Issue Certificate of Registration and Professional Identification Card. — 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 offense involving moral turpitude or has been found guilty of immoral and dishonorable 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.

The Board in the written statement shall state the period of deferment of the registration if the offense or act committed does not call for indefinite period and/or perpetual deprivation of the chance to register.

SECTION 23. Revocation and Suspension of Certificate 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 R.A. 9246 or for any of the following: TICaEc

1. unprofessional or dishonorable conduct;

2. malpractice;

3. incompetence;

4. serious ignorance or negligence in the practice of librarianship;

6. n fraud;

7. deceit or falsification in obtaining a certificate of registration, professional identification card, or temporary/special permit;

8. abetment of illegal practice by allowing Illegal use of his/her certificate of registration, or professional identification card, or temporary/special permit;

9. practice of profession during the period of suspension;

10. any violation of R.A. 9246, 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.

The Board shall periodically examine the grounds for the revocation of the Certificate of Registration and Professional Identification Card and update these as necessary.

Any person, firm or association, may file charges in accordance with the provisions of this section against any registrant, or the Board may motu proprio investigate and/or take cognizance of acts and practices constituting sufficient cause for suspension or revocation of the Certificate of Registration by proper resolution or order. Such charges shall be in writing and shall be sworn to by the person making them and shall be filed with the Board through the Legal and Investigation Office.

The rules on administrative investigation issued by the Commission shall govern the hearing or investigation of the case, subject to applicable provisions of R.A. 9246, R.A. 8981, and the Rules of Court.

SECTION 24. 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 Certificate of Registration may reissue a certificate upon 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 shall issue a Resolution, subject to approval by the Commission, in granting a petition for reinstatement to the practice of librarianship:

SECTION 25. Roster of Librarians. — 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 R.A. No. 9246 to contain the following data:

a. alphabetical list by surname of librarians with their addresses and license numbers;

b. the list of licensees, numerically arranged by license numbers; and

c. such other list which the Board may deem necessary.

Copies of the Roster, which shall be provided to the National Library, the Civil Service Commission, and the accredited national organization of librarians, shall be kept as permanent record.

RULE IV

Practice of Librarianship

SECTION 26. Illegal Practice of Librarianship. — Any person who has not been issued a valid Certificate of Registration and Professional Identification Card or a temporary/special permit by the Commission shall not practice or offer to practice librarianship in the Philippines or assume any position, which involve performing the function of a librarians as provided under Section 5 of R.A. 9246.

SECTION 27. Certificate of Registration/Professional Identification Card and Professional Tax Receipt. — The Certificate of Registration, Professional Identification Card and Professional Tax Receipt number which the City/Municipal Treasurer shall issue to the librarian shall be reflected in any document issued/signed in connection with the practice of the profession.

SECTION 28. Foreign Reciprocity. — A librarian from another country shall be admitted for licensure examination, be issued a Certificate of Registration and Professional Identification Card and be entitled to the rights and privileges appurtenant to R.A. 9246, if the country or state he/she is a citizen of or subject, permits Filipino librarians to practice librarianship on an equal basis as the 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 R.A. 9246; Provided, further, That the law of such country or state grants Filipino librarians the same privileges as the citizens/subjects of the country/state.

A foreign citizen, whether he/she studies in the Philippines or not, who desires to take the licensure examination for Librarians through reciprocity shall initiate the establishment of reciprocity between his country/state and the Philippines by presenting/submitting a letter or any document signed and under official seal by the appropriate official of his country/state requesting the Chairman of the Board to allow the foreign applicant to take the licensure examination of the Board that by express provision of the law of his country/state, Filipino citizens shall be allowed to take the licensure examination for Librarians and to register as Librarian in his country/state on terms of strict and absolute equality with the citizens or subjects of said country or state including the unconditional recognition of prerequisite degrees issued by institutions of higher learning duly recognized or established by the Government of the Republic of the Philippines attaching/appending thereto an authentic or authenticated official copy of said law officially translated in the English language.

If the letter/document and the copy of the law submitted by the applicant is satisfactory to the Board, the Board shall issue a Resolution allowing the foreign applicant to take the licensure examination for Librarians by requiring him/her to file an application to take the licensure examination and by submitting the following documents that shall accompany the application:

a. The original or certified copy of any official document issued by the Bureau of Immigration and Deportation allowing the applicant to enter and reside in the Philippines;

b. Present his/her passport for examination and for photocopying of pertinent information about the applicant;

c. Original or authenticated copy of transcript of records or equivalent document of the course for licensure examination issued by the institution of higher learning where he/she studied, duly authorized or accredited by his/her country/state; and

d. Other document which may be required to be submitted by the Board.

SECTION 29. Vested Rights: Automatic Registration of Practicing Librarians. — All practicing librarians who are registered at the time R.A. 9246 takes effect on March 16, 2004 shall automatically be registered.

SECTION 30. Integrated and Accredited National Organization of Librarians. — All registered librarians shall be integrated under one organization recognized and accredited by the Board and approved by the Commission pursuant to PRC Resolution No. 2004-178, Series of 2004.

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.

SECTION 31. Employment 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 R.A. 9246 on February 19, 2004 to comply with this provision.

RULE V

Penal and Final Provisions

SECTION 32. Penal Provisions. — Any person who practices or offers to practice any function of a librarian as provided for under Section 5 of R.A. 9246, who is not registered, and has not been issued by the Commission a Certificate of Registration and Professional Identification Card, or a temporary/special permit, or who violates any of the provisions of R.A. 9246, and this "IRR of the Philippine Librarianship Act of 2003", shall, upon conviction, be penalized by a fine of not less Thirty thousand pesos (P30,000.00) nor more than One hundred 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.

SECTION 33. Funding Provision. — The Chairperson of the Professional Regulation Commission shall immediately include in the Commission's program the implementation R.A. 9246, the funding which shall be included in the annual General Appropriations Act (GAA).

The amount necessary to carry out the initial implementation of R.A. No. 9246 shall be charged against the current year's appropriations of the Professional Regulation Commission. Thereafter, such sums as may be necessary for the continued implementation of R.A. No. 9246 shall be included in the succeeding General Appropriations Act (GAA).

SECTION 34. Transitory Provision. — The present Board shall continue to function in the interim until such time as the new Board shall have been constituted pursuant to R.A. 9246.

SECTION 35. Implementing Rules and Regulations. — 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 full and complete publication in the Official Gazette or newspaper of general circulation.

SECTION 36. Separability Clause. — If any provision of this Implementing Rules and Regulations of Philippine Librarianship Act of 2003 or the application of such provision to any person or circumstances is held or declared invalid or unconstitutional, such judgment shall be merely confined to that particular clause, provision, paragraph or part directly involved in the controversy in which such judgment has been rendered. The other provisions hereof which are not affected shall remain in full force and effect.

SECTION 37. Repealing Clause. — Any provisions of the rules, regulations, codes, orders, resolutions, measures, and other policies or parts thereof issued and promulgated pursuant to R.A. No. 6966, P.D. No. 223 (as amended), R.A. No. 8981, and other laws which are inconsistent with this "IRR of the Philippine Librarianship Act of 2003" are hereby superseded, repealed or amended accordingly. AaCcST

SECTION 38. Effectivity. — This "IRR of the Philippine Librarianship Act of 2003" shall take effect after fifteen (15) days following its full and complete publication in the Official Gazette or national newspaper of general circulation.

DONE in the City of Manila, this 15th of September, 2004.

(SGD.) PERLA T. GARCIAChairman

(SGD.) CORAZON M. NERAMember

(SGD.) ELIZABETH R. PERALEJOMember

Attested:

(SGD.) CARLOS G. ALMELORSecretaryProfessional Regulatory Board

Approved:

(SGD.) ANTONIETA FORTUNA-IBEChairperson

(SGD.) AVELINA A. DE LA REAMember

(SGD.) LEONOR TRIPON-RESOROMember

Date of publication in the Newspaper (Daily Tribune) — October 8, 2004/Date of Effectivity — October 24, 2004.

n Note from the Publisher: Copied verbatim from the original document.