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Code of Ethics for Registered and

Licesed Guidance Counselors in


the Philippines
February 02, 2015
CODE OF ETHICS FOR REGISTERED AND LICENSED GUIDANCE COUNSELORS

Preamble

Guidance and Counseling in the Philippines is now recognized as a profession and as


such, it carries with it certain responsibilities and expectations.
The role of the Guidance Counselor is significant in the lives of people. The nature of
his work demands competence, excellence, integrity, trust, and service. He must be
guided by recognized ethical standards, which define his functions and responsibilities
and which provided guidelines for his practices as Guidance Counselor.
Article I
General Ethical Principle

Section 1. Observance of Principles. – Guidance Counselors shall observe the


following basic and general principles:
1.1 Abide by the ethical principle laid down by the Guidance and Counseling Profession.
1.2 Not misuse the professional relationship for profit, power, or prestige, or for
professional gratification nor consonant with the welfare of his Counselee.
1.3 Realize that his professional time and effort are fully, faithfully, conscientiously, and
truthfully devoted to the accomplishment and improvement of the guidance and
counseling profession.
1.4 Grow professionally and keep abreast with current trends in guidance work through
continuing professional education and affiliate himself with reputable and recognized
local, national and international guidance associations.

Article II
Relationship with Counselee
Sec. 2. Counselor’s Relationship with Counselee.– Counselors shall establish and
maintain good relations with their counselees and, accordingly, shall:
2.1 Respect the personhood and integrity of the person with whom he works.
2.2 Recognize individual differences.
2.3 Clarify his role to the Counselee.
2.4 Establish professional relationship with the Counselee.
2.5 Explain results of tests and other diagnostic tools in a comprehensive and constructive
manner.

2.6 Give information about the Counselee only to person who can be of help to the
Counselee and is done only with the approval of the Counselee and/or his parents or
guardian. When revelations may result in possible harm to the Counselee or to
someone else, or may endanger the community of the country, he must report the facts
to appropriate authorities and take emergency measures to prevent any untoward
event or harm to Counselee.
2.7 Recommend a referral when it is indicated that the Counselee does not benefit from the
guidance relationship, but assume responsibility for the welfare of the Counselee until
the guidance responsibility is assumed by the person whom the Counselee has been
referred.

Article III
Relationship with the Community

Sec. 3. Counselors’ Relationship with Community.– Guidance Counselors shall


establish and maintain good relations with their community, and, accordingly, shall:
3.1 Establish a relationship between the community and the guidance program in a manner
that is beneficial to both.
3.2 Show sensible regard for and ethical recognition of the social code and moral
expectations of the community in which he works and strives to elevate the
understanding of its social and cultural traditions.
3.3 Attend to the needs, problems, aspirations, and human resources of the community in
order to enable him to give relevant service responses, and to develop a wholesome
community spirit.

Article IV
Relationship with Colleagues in the Profession

Sec. 4. Guidance Counselors’ Relationship with their Peers. – Guidance Counselors


shall establish with their colleagues, and, accordingly, shall:
4.1 Initiate peer relations and maintain high standards of professional competence in the
guidance and counseling discipline.
4.2 Keep relationships on a professional level by refraining from petty personal actions.
4.3 Consult colleagues as a matter of professional courtesy, when planning to initiate a
professional activity likely to encroach upon his colleagues’ recognized academic
disciplines or researches.
4.4 Give accurate information and avoid any misrepresentation or unclear explanations.
4.5 Hold responsible for proper permission from and adequate recognition of authors and
publishers of counseling and testing instruments which he uses and sees to it that
psychological tests are administered only by professionally-trained and competent
guidance personnel under his direct supervision.

Article V
Research and Publications

Sec. 5.Guidance Counselors’ Attitude on Research and Publications. – Guidance


Counselors shall undergo research and publications and, accordingly, shall:
5.1 Undertake research to contribute to the achievement of the Guidance and Counseling
profession.
5.2 In conducting research, adhere to the highest standards of research methodology.
5.3 In reporting results of researches, reveal the identity of the subjects of research only
with the permission of the subjects concerned and only for professional purposes.
5.4 Acknowledge the source of his ideas and material in his research as well as in his
publications, and recognize divergent opinions from responsible person.
Article VI
Miscellaneous Provisions

Sec. 6. Administrative Penalties. – Any registered and licensed Guidance Counselor


who violates any provision of this Code shall be administratively liable under Sec. 24,
Art. III of R.A. No. 9258 and Sec. 24, Rule III of Board Resolution No. 02, Series of
2007, the “RR of R.A. No. 9258”.

Sec.7. Separability Clause. – If any part of this Code is declared unconstitutional or


invalid, the remaining provision/s or part/s thereof not affected thereby, if
separable, shall continue to be valid, enforceable, and operational.

CODE OR MANUAL OF TECHNICAL STANDARDS FOR REGISTERED


AND LICENSED GUIDANCE COUNSELORS

This Technical Standards of Good Practice considers the changing circumstances in


which Guidance and Counseling is now being delivered – changes in the range of issues
and levels of need presented by clients; professional growth in levels of expertise from
practitioners, ongoing continuing education programs; and the accumulated experience
of the Guidance and Counseling Profession Association over four decades.
Guidance and Counseling practice is found in various settings. The diversity of
settings oftentimes may have a practitioner working alone or two or more practitioners
providing Guidance and counseling services within an institution (school, community,
industry, private counseling clinic, hospital, counseling center, and hospice). Modes of
delivery services vary from one setting to more than one. Thus, practitioners are faced
with the challenge of responding to diverse clients in diverse settings and helping them
effectively.
The term “practitioner” refers to anyone providing professional Guidance and
Counseling services as mandated by Republic Act No. 9258 (The Guidance and
Counseling Act of 2004) and the Implementing Rules and Regulations attached to this
Law. Professional Guidance and Counseling services rendered for free or for a fee must
be delivered only by licensed professionals. The term “client” as a generic term refers to
the recipient of any of these services. Terms “practitioner” and “client” may have
alternative names in the practice setting as terminology varies according to context and
custom.

I. MAINTAINING A STANDARD OF GOOD PRACTICE


All clients are entitled to a standard of practice from practitioners in Guidance and
Counseling. Standards of good practice require professional competence; good
relationships with clients and colleagues; and commitment to and observance of
professional ethics.
Good quality of practice requires competently-delivered services that meet the client’s
need by practitioners who are appropriately supportive and accountable.
1. Practitioners should give careful consideration to the limitations of their training and
experience and work within these limits, taking advantage of available professional
support. If work with clients requires the provision of additional services operating in
parallel with guidance and counseling, the availability of such services ought to be
taken into account, as their absence may constitute a significant limitation.
2. Good practice involves clarifying and agreeing to the rights and responsibilities of both
the practitioner and client at appropriate points in their working relationship.
3. Dual relationships arise when the practitioner has two or more kinds of relationship
concurrently with a client, for example, client and trainee, acquaintance and client,
colleague and supervisee. The existence of a dual relationship with a client is seldom
neutral and can have a powerful beneficial or detrimental impact that may not always
be easily foreseeable. For these reasons, practitioners are required to consider the
implications of entering into dual relationships with clients, to avoid entering into
relationships that are likely to be detrimental to clients as they are accountable to
clients and colleagues for any dual relationship that may occur.
4. Practitioners are encouraged to keep appropriate records of their work with clients. All
records should be accurate, respectful of clients and colleagues and protected from
unauthorized disclosure. Practitioners should take into account their Guidance and
Counseling Act (Republic Act 9258), the Code of Ethics, and any other legal
requirements.
5. Clients are entitled to competently-delivered services that are periodically reviewed by
the practitioner. These reviews may be conducted, when appropriate, in consultation
with clients, supervisors, managers, or other practitioners with relevant expertise.

II. MAINTAINING COMPETENT PRACTICE


6. All practitioners must have regular and on-going continuing education in view of
professional development. Managers/directors, coordinators/supervisors, educators,
researchers and providers of counseling services including volunteers in counseling
centers and various settings are required to review periodically their need for
professional and personal growth and to upgrade their skills, knowledge, and
competencies.
7. Regularly monitoring and reviewing one’s work is essential to maintaining good practice.
It is important to be open to appraisals and assessments and be conscious in
considering feedbacks from colleagues. Responding constructively to feedbacks helps to
advance the practice.
8. Practitioners should be conscientiously aware of any legal requirements concerning their
work and be legally accountable for their practice.

III. KEEPING TRUST


9. The practice of Guidance and Counseling depends on gaining and honoring the trust of
clients. Keeping trust requires an attentiveness to the quality of listening and respect
offered to clients, culturally appropriate ways of communicating that are courteous and
clear, maintaining respect for privacy and dignity, and careful attention to client’s
consent and confidentiality.
10. Clients should be adequately informed about the nature of the services being offered.
Practitioners should obtain a written and informed consent from their clients and
respect a client’s right to choose as to whether to continue with or withdraw from the
services.
11. Practitioners should ensure that services are normally delivered on the basis of the
client’s explicit consent. Reliance on implicit consent is more vulnerable to
misunderstandings and is best avoided unless there are sound reasons for doing so.
Practitioners should be accountable to clients, colleagues and the profession if they
override a client’s known wishes.
12. When clients pose a risk of causing serious harm to themselves or others, the
practitioner should be alert to the possibility of conflicting responsibilities between those
concerning their client, significant others, and society. Consultation with a supervisor or
experienced practitioner is strongly recommended, whenever this would not cause
undue delay. In all cases, the aim should be to ensure for the client a good quality of
care that is as respectful of the client’s capacity for self-determination and
trustworthiness as circumstances permit.
13. Working with young people requires specific ethical awareness and competence. The
practitioner is required to consider and assess the balance between young people’s
dependence on adults and their progressive development towards independent living.
Working with children and adolescents requires careful consideration of issues
concerning their capacity to give consent to receiving any professional service
independent of parental consent and the management of confidences disclosed by
these clients.
14. Respecting confidentiality is a fundamental requirement for keeping trust. The
professional management of confidentiality concerns the protection of personally
identifiable and sensitive information from unauthorized disclosure. Disclosure may be
authorized by client’s written consent or the law. Any disclosures should be undertaken
in ways that best protect the client’s trust. Practitioners should be accountable to their
clients and to their profession for management of confidentiality in general and
particularly for any disclosure made without their client’s consent.
15. Practitioners should be willing to respond to their client’s requests for information about
the way they are working and any assessment that they may have done. This
professional requirement does not apply when imparting this information would be
detrimental to the client or inconsistent with the counseling or psychotherapeutic
approach previously agreed with the client. Clients may have legal rights to this
information and this must be taken into account.
16. Practitioners must not abuse their client’s trust in order to gain sexual, emotional,
financial or any other kind of personal advantage. Sexual relations or any other type of
sexual activity or sexualized behavior with clients are prohibited. Practitioners should
exercise caution before entering into personal or business relationships with former
clients and should be accountable if the relationship becomes detrimental to the client
or to the profession.
17. Practitioners should not allow their professional relationships with clients to be
prejudiced by any personal views they may have about lifestyle, gender, age, disability,
race, sexual orientation, beliefs, or culture.
18. Practitioners should be clear about any commitment made with the clients and
colleagues and honor these commitments.

IV. TEACHING AND TRAINING


19. All practitioners are encouraged to share their professional knowledge and practice in
order to benefit their clients and the public.
20. Only qualified doctoral-degree holders are to teach the doctoral program courses in
Guidance and Counseling.
21. Practitioners who provide counselor education and training should have professional
continuing education, knowledge, skills, attitudes and competencies to be effective
teachers, facilitators and trainers.
22. Practitioners involved in teaching and training must update their syllabi, modules,
curricular programs and courses periodically to be relevant and be within the prescribed
Guidelines of RA 9258, the Implementing Rules and Regulations, and the Commission
of Higher Education (CHED).
23. Internship and practicum courses should be done in diverse settings to enhance the
skills, knowledge and competencies of Guidance and Counseling students.
24. Curricular programs, training courses, learning modules, and seminar programs should
be evaluated in terms of contents, strategies or techniques, implementation process,
and the expected output to ensure total effectiveness.
25. Practitioners should always be fair, accurate, and honest in their assessment of their
students.
26. A written consent is required from clients if they are to be observed, recorded, or if
their personally-identifiable disclosures are to be used for training purposes.
27. Practitioners must serve as role models for professional behavior.

V. SUPERVISING AND MANAGING


28. Practitioners are responsible for clarifying responsibility for the work with the client.
29. Counselors, guidance specialists, guidance mentors, supervisors, and trainers may
receive supervision/consultative support independently.
30. Supervisors and managers have a responsibility to help practitioners acquire
professional competencies, maintain and enhance further the guidance and counseling
practice for the clients’ welfare.
31. Practitioners give due credit to clients or supervisees for their contributions to research
and scholarly projects through co-authorship, acknowledgment or other appropriate
means, in accordance with such contributions.

VI. RESEARCH AND PUBLICATION


32. Guidance Counselors are committed to fostering research that will inform and develop
the guidance and counseling practice. Practitioners are encouraged to support research
undertaken on behalf of the profession and to participate actively in relevant research
work.
33. Researches should be undertaken with rigorous attentiveness to the quality and
integrity both of the research itself and of the dissemination and application of the
research results, if appropriate.
34. Articles and researches for publication must be peer-refereed.
35. Responsibility and accountability as well as intellectual honesty in doing research by the
Practitioner should be upheld and observed respectively at all times.
36. The rights of research participants should be carefully considered and protected. The
rights include the right to freely give an informed consent, and the right to withdraw at
any point.
37. The research methods used should comply with the standards of good practice in
guidance and counseling, Code of Ethics, and RA 9258.
38. Practitioners acknowledge other researchers who have contributed significantly to the
research and/or publication, and those who have done previous work on the topic.
39. Research work should be presented in for a, conventions, and conferences for public
dissemination.
VII. ASSESSMENT AND REPORT
40. Practitioners should select standardized psychological tests that meet the purposes for
which they are to be used and that are appropriate for their intended clients.
41. Practitioners must have the professional knowledge, skills, and competencies in test
administration, test interpretation, and preparing reports.
42. Practitioners should interpret test scores based on appropriate norms.
43. Practitioners should examine and understand the specimen sets, test booklets,
manuals, directions, answer sheets, scoring templates, and score reports before
administering and assessing.
44. Practitioners should take into account any differences in test administration practices or
the client’s familiarity with the test items.
45. In selecting tests, practitioners should use tests that are culturally-fair in terms of
gender, ethnic background, religion, race, and handicapped conditions.
46. Practitioners should be aware of client’s limitations in understanding language usage
and technical terminology.
47. Practitioners should ask the consent of a parent or a guardian of a minor before giving
an assessment tool and explain the purpose for this.
48. Practitioners should comply with the test administration, test scoring, and test
interpretation procedures as prescribed in the Test Manual.
49. Practitioners should inform the client of the assessment results in a manner that is
clearly understood.
50. A copy of the psychological report stamped with the word CONFIDENTIAL may be
provided by the practitioner to the client.
51. Practitioner should use assessment data by taking into account various factors and
characteristics of the client being assessed that might affect the practitioner’s judgment
or reduce the accuracy of interpretation.
52. Practitioners do not base assessments, recommendations, or test results that are
outdated for the current purpose.
53. Practitioners make reasonable efforts to maintain the integrity or security of tests and
other assessment techniques.

VIII. REVIEW CENTERS AND CLASSES


54. Only degree-granting institutions offering CHED-approved Guidance and Counseling
programs are regulated to have review centers and classes for licensure purposes, and
must be approved by the Professional Regulation Commission (PRC).
55. Review classes shall be handled only by competent masters and doctoral degree
holders in Guidance and Counseling.
56. A member of the Professional Regulatory Board of Guidance and Counseling (PRBGC)
may serve as lecturer in Review Centers of institutions offering CHED-approved
Guidance and Counseling programs only two years after his/her term in the PRBGC.

IX. FITNESS TO PRACTICE


57. Practitioners have a responsibility to monitor, and maintain their fitness and update
their competencies to practice at a level that enables them to provide effective service.
If their effectiveness becomes impaired for any reason, including health or personal
circumstances, they should inform and talk to their immediate supervisor regarding the
situation. Results of consultation with supervisor and experienced colleagues will help
the practitioner to make the appropriate decision.
58. Attending to the practitioner’s well-being is essential to sustaining good practice.
Practitioners have a responsibility to themselves to ensure that their work does not
become detrimental to their health or well-being by ensuring that the way they
undertake their work is as safe as possible and that they seek appropriate professional
support and services when the need arises.
59. Practitioners are entitled to be treated with proper consideration and respect consistent
with Standards of Good Practice.

X. RESPONSIBILITIES TO ALL CLIENTS


60. Practitioners have a responsibility to protect clients when they have good reason for
believing the client’s well-being is at risk.
61. If matters cannot be resolved, practitioners should review the grounds for concerns and
evidences available and have appropriate consultation.
62. If practitioners are uncertain as what to do, their concerns should be discussed with an
experienced colleague or supervisor provided they strictly follow the guidelines in
keeping trust.
63. Practitioners are strictly encouraged to ensure that their work is adequately covered by
insurance for professional indemnity and liability.

XI. WORKING WITH COLLEAGUES


64. Professional relationships should be conducted in a spirit of mutual respect and
collegiality.
65. Practitioners should endeavor to attain good working relationships that enhance
effective services to clients at all times.
66. Practitioners should treat all colleagues fairly and foster equal opportunity.
67. Practitioners should maintain their professional relationships with colleagues and not be
prejudiced by their own personal views about a colleagues lifestyle, gender, age,
disability, sexual orientation, beliefs, or culture.
68. Practitioners should refrain from undermining a colleague’s relationship with clients by
making unjustified or unsustainable comments.
69. All communications between colleagues about clients should be on a professional basis.

XII. HANDLING PRACTITIONER-CLIENT RELATIONSHIP


70. Practitioners should respond promptly and appropriately to any written complaint
received from their clients.
71. Practitioners should endeavor to remedy any harm they may have caused their clients
and to prevent any repetition.
72. Practitioners should discuss, with their supervisor, manager or other experienced
practitioner(s), the circumstances in which they may have harmed a client in order to
ensure that the appropriate step will be taken to mitigate any harm and to prevent any
repetition.
73. If practitioners consider that they have acted in accordance with good practice but
their client is not satisfied that this is the case, they may use independent dispute
resolution including seeking a second professional opinion, mediation, or conciliation,
whichever is both appropriate and practical.

XIII. AWARENESS OF CONTEXT


74. The practitioner is responsible for learning about and taking into account the different
protocols, conventions, and customs that can pertain to different working contexts and
cultures.

XIV. MAKING AND RECEIVING REFERRALS


75. All routine referrals to colleagues and other services should be discussed with the client
in advance and the client’s consent obtained both to making the referral and also to
disclosing information to accompany the referral.
76. Reasonable care should be taken to ensure that (a) the recipient of the referral is able
to provide the required service; (b) any confidential information disclosed during the
referral process will be adequately protected; and (c) the referral will be likely to benefit
the client.
77. Prior to accepting a referral the practitioner should give careful consideration to the
appropriateness of the referral; (b) the likelihood that the referral will be beneficial to
the client; and (c) the adequacy of the client’s consent to the referral.
78. If the referring party is professionally required to retain overall responsibility for the
work with the client, it is professionally appropriate that said referring party be provided
with brief progress reports. Such reports should be made in consultation with clients
and not normally against their explicit wishes.

XV. PROVIDING CLIENTS WITH ADEQUATE INFORMATION


79. Practitioners are responsible in clarifying in advance to the client the terms on which
their services are being offered including the client’s financial obligations and/or other
reasonably foreseeable costs or liabilities.
80. All information about services should be honest, accurate, devoid of unjustifiable
claims, and be consistent with maintaining the professional standing of Guidance and
Counseling.
81. Particular care should be taken in maintaining the integrity of presenting qualifications,
accreditation, and professional standing.

XVI. ACCESSIBILITY OF SERVICES


82. Practitioners make their Guidance and Counseling services accessible to all regardless
of their client’s socioeconomic status or inability to pay such professional fee. In this
case, no client should be turned away or refused by the practitioner for monetary
reason. Foundations may be tapped via networking.
83. Practitioners render voluntary or pro bono services in the community utilizing their
knowledge and expertise in their field of specialization.
84. Practitioners have the responsibility to do advocacy in Guidance and Counseling via
print media, film, TV, radio, and cyber technology.

XVII. CONFLICTS OF INTEREST


85. Conflicts of interest are best avoided, provided they can be reasonably foreseen in the
first instance and prevented from arising. In deciding how to respond to conflicts of
interest, the protection of the client’s interests and maintaining trust in the practitioner
should be paramount.
86. Practitioners who own any business entity must refrain from engaging in any business
activity under a Guidance Organization’s name where such personal interest is highly
placed.
Republic Act No. 9258
March 2, 2004

Republic of the Philippines

Congress of the Philippines

Metro Manila

Twelfth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eighth day of July,
two thousand three.

[REPUBLIC ACT NO. 9258]

AN ACT PROFESSIONALIZING THE PRACTICE OF GUIDANCE AND COUNSELING


AND CREATING FOR THIS PURPOSE A PROFESSIONAL REGULATORY BOARD
OF GUIDANCE AND COUNSELING, APPROPRIATING FUNDS THEREFOR AND
FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines


in Congress assembled.

ARTICLE I
TITLE, DECLARATION OF POLICY,
DEFINITION OF TERMS

SECTION. 1. Title. — This Act shall be known as the “Guidance and


Counseling Act of 2004.”

SEC. 2. Declaration of Policy. — It is hereby declared a policy of the State to


promote the improvement, advancement, and protection of the guidance
and counseling profession by undertaking and instituting measures that will
result in professional, ethical, relevant, efficient, and effective guidance and
counseling services for the development and enrichment of individuals and
group lives.
The State recognizes the important role of guidance counselors in nation-
building and promotes the sustained development of a reservoir of guidance
counselors whose competence have been determined by honest and credible
licensure examinations and whose standards of professional practice and
service are world-class and internationally recognized, globally competitive
through preventive regulatory measures, programs and activities that foster
their continuing professional development.

SEC. 3. Definition of Terms. — As used in this Act, the following terms shall
mean:

a) Guidance and Counseling is a profession that involves the use of an


integrated approach to the development of a well-functioning individual
primarily by helping him/her to utilize his/her potentials to the fullest and
plan his/her future in accordance with his/her abilities, interests and needs. It
includes functions such as counseling, psychological testing, (as to
personality, career, interest, study orientation, mental ability and aptitude),
research, placement, group process, teaching and practicing of guidance and
counseling subjects, particularly subjects given in the licensure
examinations, and other human development services.

b) A guidance counselor is a natural person who has been registered and


issued a valid Certificate of Registration and a valid Professional
Identification Card by the Professional Regulatory Board of Guidance and
Counseling and the Professional Regulation Commission (PRC) in accordance
with this Act and by virtue of specialized training performs for a fee, salary or
other forms of compensation, the functions of guidance and counseling
under Section 3 (a) of this Act.

ARTICLE II
THE PROFESSIONAL REGULATORY BOARD
OF GUIDANCE AND COUNSELING

SEC. 4. Creation of the Professional Regulatory Board of Guidance and


Counseling. — There shall be created a Professional Regulatory Board of
Guidance and Counseling, hereinafter referred to as the Board, under the
administrative control and supervision of the Professional Regulation
Commission, hereinafter referred to as the Commission, to be composed of a
Chairman and two (2) members who shall be appointed by the President of
the Philippines from among a list of three (3) recommendees for each
position submitted by the Commission from a list of five (5) nominees for
each position submitted by the accredited and integrated organization of
guidance counselors.
SEC. 5. Powers, Functions, Duties and Responsibilities of the Board. — The
Professional Regulatory Board shall have the following specific powers, duties
and responsibilities:

(a) Supervise and regulate the practice of Guidance and Counseling;

(b) Determine and evaluate the qualifications of the applicants for


registration with or without licensure examinations and for issuance of
special permits;

(c) Prepare the examination questions in accordance with Section 15 hereof


or the modifications thereof, and correct and rate the examination papers
through a process of computerization;

(d) Prepare, adopt, issue or amend the syllabi for the subjects in the
licensure examination, in consultation with the Commission on Higher
Education (CHED), the academe and the accredited professional
organization;

(e) Register successful examinees in the licensure examination and issue the
corresponding certificates of registration;

(f) Issue special/temporary permits to foreign guidance counselors to


practice Guidance and Counseling for specific projects for a specific duration
of time for a fee or on medical mission without a fee;

(g) Monitor the conditions affecting the practice of Guidance and Counseling,
conduct ocular inspection of places where guidance counselors practice their
profession, and adopt measures for the enhancement of the profession and
the maintenance of high professional, technical and ethical standards;

(h) Ensure, in coordination with the CHED, that all educational institutions
offering the course/program of Guidance and Counseling comply with the
policies, standards and requirements of the said course prescribed by the
CHED in the areas of curriculum, faculty, library and facilities;

(i) Promulgate rules and regulations including a Code of Ethics, a Code of


Technical Standards for guidance counselors and administrative policies,
orders and issuances, to carry out the provisions of this Act;

(j) Investigate violations of this Act and the Rules and Regulations, Code of
Ethics, Code of Technical Standards, administrative policies, orders and
issuances promulgated by the Professional Regulatory Board. The rule on
administrative investigation promulgated by the Commission shall govern in
such investigation;
(k) Issue subpoena or subpoena duces tecum to secure the attendance of
respondents or witnesses or the production of documents relative to the
investigation conducted by the Board;

(l) Render decision, order or resolution on preliminary investigation or inquiry


against violators of this Act, Rules and Regulations, Code of Ethics, Code of
Technical Standards or any policy on undocketed cases and on docketed
administrative cases against examinees or registrants, which shall become
final and executory unless appealed with the Commission within fifteen (15)
days from receipt of the copy thereof;

(m) Issue, suspend, revoke or re-issue any license for the practice of
Guidance and Counseling as defined in this Act;

(n) Administer oaths necessary for the effective implementation of this Act;

(o) Initiate criminal action against any violator of this Act and/or the rules
and regulations of the Board;

(p) Adopt the official seal of the Board;

(q) Prescribed guidelines and criteria on the continuing professional


education (CPE);

(r) Adopt such measures necessary and proper for the maintenance of high
ethical and professional standards in the practice of the profession; and

(s) Perform such other functions and duties as may be necessary to


effectively implement this Act.

The policies, resolutions and rules and regulations issued or promulgated by


the Professional Regulatory Board shall be subject to review and approval by
the Commission; however, the Board’s decisions, resolutions or orders which
are not interlocutory, rendered in an administrative case, shall be subject to
review only if on appeal with the Commission. The decision of the Board
and/or the Commission may be appealed to the Court of Appeals in
accordance with the Rules of Court.

SEC. 6. Qualifications of the Professional Regulatory Board Members. — The


Chairman and members of the Professional Regulatory Board, at the time of
their appointment shall:

(a) Be a citizen of the Republic of the Philippines;

(b) Be a resident of the country for at least five (5) years immediately prior
to his/her appointment;
(c) Be of good moral character and must not have been convicted of any
crime involving moral turpitude;

(d) Be a qualified guidance counselor holding a valid Certificate of


Registration: Provided, That in the case of the first members of the Board of
Guidance and Counseling, they shall be issued Certificates of Registration as
guidance counselors without prior examination;

(e) Be a holder of a doctoral degree in Guidance and Counseling from a


reputable college or university duly recognized by the CHED and/or by a duly
accredited college or university abroad;

(f) Have at least ten (10) years of continuous professional practice as a


guidance counselor or counselor educator under this Act;

(g) Not be a member of the faculty of any school, college, or university where
regular and/or review courses in guidance and counseling education is
taught nor have any pecuniary interest in such institution; and

(h) Not be an official of the integrated and accredited national professional


organization.

SEC. 7. Term of Office. — The members of the Board shall hold office for a
term of three (3) years or until their successors shall have been appointed
and qualified. They may, however, be reappointed for a second term. Of the
members to be appointed for the first Board, one (1) member shall hold
office as Chairman for three (3) years; one (1) as member for two (2) years;
and one (1) member for a term of one (1) year. Any vacancy in the Board
shall be filled for the unexpired portion of the term only. Each member shall
take the proper oath prior to assumption of duty.

SEC. 8. Administrative Supervision of the Board, Custodian of its Records,


Secretariat and Support Services. — All records of the Board, including
application for examination and administrative and other investigative cases
shall be under the custody of the Commission. The Commission shall
designate the Secretary of the Board and shall provide the secretariat and
support services to implement the provisions of this Act.

SEC. 9. Compensation and Allowances of the Board. — The Chairman and


members of the Boards shall receive compensation and allowances
comparable to the compensation and allowances received by the chairman
and members of existing regulatory board under the Commission as provided
for in the General Appropriations Act.

SEC. 10. Grounds for Suspension or Removal of Board Members. — The


President of the Philippines, upon the recommendation of the Commission,
after giving the concerned member an opportunity to defend himself/herself
in a proper administrative investigation to be conducted by the Commission,
may remove and suspend any member on the following grounds:

(a) neglect of duty or incompetence;

(b) violation or tolerance of the violation of this Act or the Code of Ethics and
Code of Professional and Technical Standards for guidance counselors;

(c) conviction by final judgment of crimes involving moral turpitude;

(d) manipulation or rigging of the licensure examination results, disclosure of


secret information or the examination questions prior to the conduct of the
said examination, or tampering of the grades therein; or

(e) conviction by final judgment of any criminal offense by the courts.

SEC. 11. Annual Report. — The Chairman of the Board, shall after the close of
the fiscal year, submit an annual report to the Commission, giving a detailed
accounting of the proceedings of the Board during the year and embodying
such recommendations as the Board may desire to make.

ARTICLE III
EXAMINATION, REGISTRATION
AND LICENSURE

SEC. 12. Examination Required. — All applicants for registration for the
practice of Guidance and Counseling shall be required to undergo a licensure
examination to be given by the Board and the Commission in such places
and dates as the Commission may designate in accordance with Republic Act
No. 8981, subject to compliance with the requirements prescribed by the
Commission.

SEC. 13. Qualifications for Examination. — In order to qualify for the


examination, an applicant must, at the time of filing the application, be:

(a) a citizen of the Republic of the Philippines or a foreigner whose country


has reciprocity with the Philippines in the practice of Guidance and
Counseling;

(b) has not been convicted of an offense involving moral turpitude by a


competent court; and

(c) holder of a Bachelor’s Degree in Guidance and Counseling or in other


allied disciplines and a master’s degree in Guidance and Counseling from an
institution in the Philippines or abroad recognized and accredited by the
CHED.

SEC. 14. Registration Without Taking Licensure Examination. — A person who


possesses the pertinent qualifications required for admission in the
examination for registration as a guidance counselor pursuant to the
provisions of this Act may be registered without examination: Provided, That
the applicant files with the Board within two (2) years after its creation, an
application for registration and issuance of a Certificate of Registration and
Professional Identification Card by submitting credentials showing that the
applicant before the effectivity of this Act:

a) Had been doctoral and masters degree holders in Guidance and


Counseling with at least three (3) years of teaching experience in Guidance
and Counseling courses and/or full-time counseling practice for the same
period;

b) Had passed at least eighteen (18) units of Master’s level courses in


Guidance and Counseling such as Counseling Techniques/Theories,
Organization and Administration of Guidance Services, Tests and
Measurement, Group Process/Counseling and Career Guidance/Counseling;
and, have at least seven (7) years of experience in counseling work; and

c) Had completed academic requirements for a master’s degree in guidance


and counseling and have five (5) years experience as full-time guidance
counselors.

SEC. 15. Scope of Examination. — The examination shall cover the following
subject areas:

(a) Philosophical, Psychological and Sociological Foundations of Guidance;

(b) Counseling Theories, Tools and Techniques;

(c) Psychological Testing;

(d) Organization and Administration of Guidance Services; and

(e) Group Process and Program Development.

The Board, subject to approval by the Commission, may revise or exclude


any of the subjects and their syllabi, and add new ones as the need arises.

SEC. 16. Report of Ratings. — The Board shall, within ten (10) days after the
examination, report the ratings obtained by each candidate to the
Commission.
SEC. 17. Ratings in the Examination and Re-examination. — To be qualified
as having passed the licensure examination for guidance counselors, a
candidate must have obtained a weighted general average of seventy-five
(75%), with no grade lower than sixty percent (60%) in any given subject.
However, an examinee who obtains a weighted average of seventy-five
percent (75%) or higher but obtains a rating below sixty percent (60%) in
any given subject, must take an examination in the subject or subjects where
he obtained a grade below sixty percent (60%) within two (2) years from the
date of the last examination. The subject or subjects retaken must have each
a rating of no less than seventy-five percent (75%) in order to qualify as
having passed the examination.

SEC. 18. Oath-Taking. — All successful examinees shall be required to take a


professional oath before any member of the Board or any officer of the
Commission authorized by the PRC, or any officer authorized by law.

SEC. 19. Issuance of Certificates of Registration and Professional


Identification Card. — A Certificate of Registration as a guidance counselor
shall be issued to any applicant who passes the examination or who is
registered without examination, bearing the signature of the Commission
Chairperson and Chairman and members of the Board, and official seal of the
Board.

A Professional Identification Card bearing the registration number, date of


issuance, expiry date, duly signed by the Commission Chairperson, shall
likewise be issued to every registrant who has paid the prescribed fee.

SEC. 20. Roster of Guidance Counselors. — The Board, in coordination with


the accredited professional organization, shall keep a roster of the names,
residence and office addresses of all registered and licensed guidance
counselors and the said roster shall be made available to the public upon
request.

SEC. 21. Integration of Guidance Counselors. — All registered/licensed


guidance counselors whose names appear in the roster of guidance
counselors shall be united and integrated through their automatic
membership in a one (1) and only registered and accredited national
organization of registered/licensed guidance counselors which the Board,
subject to approval by the Commission, shall recognize and accredit after
consultation with all existing organizations of registered and licensed
guidance counselors and, if possible, with all those who are not members of
any of the said organizations. The members in the said integrated and
accredited national organization shall receive benefits and privileges
appurtenant thereto upon payment of required fees and dues. Membership in
the integrated organization shall not be a bar to membership in any other
association of guidance counselors.
SEC. 22. Indication of Certificate of Registration Number and Professional Tax
Receipts (PTR). — The guidance counselor shall be required to indicate
his/her certificate of registration number, the date of issuance, the period of
validity of the license, including the professional tax receipt number on the
documents he/she signs, uses or issues in connection with the practice of
his/her profession.

SEC. 23. Practice Through Special/Temporary Permit. — Special/temporary


permit may be issued by the Board, subject to the approval of the
Commission and payment of the fees the latter has prescribed and charged
thereof, to the following persons:

(1) Licensed guidance counselors from foreign countries/states whose


services are either for a fee or free;

(a) If they are internationally well-known counselors or outstanding experts in


any branch or specialty of guidance and counseling; and

(b) If their services are urgently and importantly necessary for lack of, or
inadequacy of available local specialists/experts for the promotion or
advancement of the practice of guidance and counseling through transfer of
technology.

(2) Licensed guidance counselors from foreign countries/states whose


services shall be free and limited to indigent patients in a particular hospital,
center or clinic;

(3) Licensed guidance counselors from foreign countries/states employed as


exchange professors in a branch or specialty of guidance and counseling in
schools, colleges, universities offering the course of guidance and
counseling.

The permit shall, among other things, include these limitations and
conditions for a period of not more than one (1) year subject to renewal, the
branch or specialty of guidance and counseling, and the specific place of
practice such as clinic, hospital, center, school/college/university offering the
course of guidance and counseling. The Board, subject to approval by the
Commission, shall prescribe rules and regulations on the implementation of
this particular section.

SEC. 24. Denial, Suspension, Revocation of a Certificate of Registration,


Cancellation of Special Permit. — The application for registration and the
issuance of a Certificate of Registration may be denied for any of these
causes:

(a) Conviction of an offense involving moral turpitude by a competent court;


(b) Finding of guilt by the Professional Regulatory Board for immoral and/or
dishonorable conduct; and

(c) Declaration by the court of the applicant as being insane.

The Certificate of Registration may be revoked or suspended, or the special


permit may be cancelled for any of the above-enumerated causes including
the following: fraudulent acquisition of Certificate of Registration and or
special permit; abetment or tolerance of illegal practice by unqualified
person through the use by the latter of guidance counselor’s certificate, or
special permit; violation of any provision of this Act, rules and regulations of
the Board and Commission and other policies thereof, including the Code of
Ethics and Code of Technical Standards for guidance counselors; unethical,
immoral, dishonorable or unprofessional conduct; malpractice; guilty of drug
or alcohol abuse impairing his/her ability to practice his/her profession; and
practice of the profession during period of suspension by one whose
Certificate of Registration had been suspended by the Board.

No certificate shall be denied, revoked or suspended for any of the reasons


herein provided, until after sworn complaint in writing against the applicant
or holder thereof shall have been filed and heard in a public hearing or upon
request, behind closed doors.

SEC. 25. Reinstatement. — A person may apply to the Board for


reinstatement of a certificate the issuance of which has been duly revoked at
any time after the expiration of one (1) year from the date of revocation of
said certificate. The application shall be in writing and shall conform to the
requirements provided by the Board. No certificate shall be reinstated unless
the Board is satisfied that a good cause exists to warrant such reinstatement.

SEC. 26. Appeal. — The decision on the denial or refusal to issue Certificate
of Registration, the revocation or suspension of the Certificate of
Registration, or cancellation of special permit by the Board shall be final
unless appealed to the Commission within fifteen (15) days from receipt of
the decision. The decision of the Board and/or Commission may be appealed
to the Court of Appeals.

ARTICLE IV
PRACTICE OF GUIDANCE
AND COUNSELING

SEC. 27. Prohibition Against the Practice of Guidance and Counseling. — No


person shall (a) engage in the practice of guidance and counseling without a
valid Certificate of Registration and a valid Professional Identification Card or
a special permit; (b) make representations to the public or to third persons as
a licensed guidance counselor during the time that the license has been
revoked or suspended, and, (c) allow anybody to use his/her license as
guidance counselor to enable such unqualified individual to engage in the
practice of guidance and counseling.

No corporation, partnership, association or entity shall operate a guidance


and counseling office or center, or otherwise engage in the practice of
guidance and counseling without securing a permit from the Board, which
shall be issued only after it has satisfied itself that such establishment is
properly staffed by duly licensed guidance counselors.

Any unethical practice of guidance and counseling as may be defined in a


Code of Ethics and Code of Technical Standards to be prepared by the Board
in consultation with guidance counselors, is prohibited.

SEC. 28. Right to Privileged Communication for Guidance Counselors. — A


certified guidance counselor who is allowed to practice guidance and
counseling in accordance with this Act cannot, without the consent of the
client, be examined as to any communication or information which has been
acquired while attending to such client. The protection accorded herein shall
also extend to the records and secretary or clerk of a licensed guidance
counselor, who may not be examined concerning any fact, the knowledge of
which has been acquired in such capacity.

Any evidence obtained in violation of this provision shall be inadmissible for


any purpose in any proceeding.

SEC. 29. Foreign Reciprocity. — No foreign guidance counselor shall be


admitted to the examination, or be given a Certificate of Registration, or be
entitled to any of the rights and privileges under this Act unless the country
or state of which he/she is a subject or citizen permits Filipino guidance
counselors to practice within its territorial limits on the same basis as the
subjects or citizens of said country or state: Provided, That the requirements
for certification of guidance counselors in said foreign state or country are
substantially the same as those required and contemplated under this
Act: Provided, further, That the laws such state or country grant the same
privilege to Filipino guidance counselors on the same basis as the subjects or
citizens of such foreign state or country.

ARTICLE V
GENERAL PROVISIONS

SEC. 30. Funding Provisions. — The Chairperson of the Commission shall


include in the Commission’s programs the implementation of this Act, the
funding of which shall be included in the General Appropriations Act.
SEC. 31. Assistance of Law Enforcement Agency. — Any law enforcement
agency shall, upon call or request of the Commission or the Board, render
assistance in enforcing this Act, including all the rules and regulations
promulgated thereunder by prosecuting the violators thereof in accordance
with law and the Rules of Court.

SEC. 32. Implementing Rules and Regulations. — Within sixty (60) days after
the effectivity of this Act, subject to the approval of the Commission, the
Board shall promulgate the necessary rules and regulations, in coordination
with the integrated and accredited professional organization, to implement
the provisions of this Act, which shall be effective after fifteen (15) days
following its publication in the Official Gazette or newspaper of general
circulation.

SEC. 33. Penalty Clause. — Any person who violates any provision of this Act
and the rules and regulations issued by the Board and the Commission or
commits fraud in the acquisition of Certificate of Registration or special
permit, shall be punished with imprisonment of not less than six (6) months
but not more than eight (8) years, or a fine of not less than Fifty thousand
pesos (₱50,000.00) but not more than One hundred thousand pesos
(₱100,000.00) or both in the discretion of the court.

SEC. 34. Separability Clause. — If any part of this Act is declared


unconstitutional, the remaining parts not affected thereby shall continue to
be valid and operational.

SEC. 35. Repealing Clause. — All laws, decrees, orders, circulars, rules and
regulations and other issuances, which are inconsistent with this Act, are
hereby repealed, amended or modified accordingly.

SEC. 36. Effectivity. — This Act shall take effect one (1) month after its
publication in a newspaper of general circulation in the Philippines.

Approved,

(Sgd.) FRANKLIN M. DRILON (Sgd.) JOSE DE VENECIA


President of the Senate Speaker of the House
of Representatives

This Act which is a consolidation of House Bill No. 5253 and Senate Bill No.
2128 was finally passed by the House of Representatives and the Senate on
January 20, 2004 and January 19, 2004, respectively.
(Sgd.) OSCAR G. YABES (Sgd.) ROBERTO P. NAZARENO
Secretary of the Senate Secretary General
House of Representatives

Approved: MAR 02 2004

(Sgd.) GLORIA MACAPAGAL-ARROYO


President of the Philippines

Source: CDAsia

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