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Free Legal Advice Philippines » FREE LEGAL ADVICE » OTHERS » prof regulating body

prof regulating body

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1prof regulating body Empty prof regulating body Mon Nov 08, 2010 2:22 pm

gap_1


Arresto Menor

is a regulating body of a profession can say that, since the law who created the profession and including IRR is general, as excuse not to initiate investigation?

how can we say that a law and its IRR is general or not specific? granting the aforementioned is "general" is it an excuse not to find any violation of the said law/irr?

is it a valid excuse to say that since there is no formal complaint the regulating body can not initiate investigation/subpoena? is sua sponte not applicable?

Smile

2prof regulating body Empty Re: prof regulating body Mon Nov 08, 2010 11:48 pm

attyLLL


moderator

these are very abstract. did the board of examiners refuse to investigate a complaint?

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3prof regulating body Empty Re: prof regulating body Mon Nov 15, 2010 10:59 am

gap_1


Arresto Menor

no complaint yet atty.

is the board cant do sua sponte, since an obvious unlawful acts committed of unlicensed/unregistered persons. the board is also informed informally about the unlawful acts and even acknowledge it.

4prof regulating body Empty Re: prof regulating body Tue Nov 16, 2010 1:53 pm

attyLLL


moderator

look at the IRR if there is a provision which governs your question. if the respondents are not licensed, then the recourse under law is unlawful practice of profession. the board cannot be compelled to file a complaint against the respondents. at the minimum, they can be asked to issue a certification that the respondent is not certified to practice, and you will have to pursue your case against them personally and at your own effort and expense.

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5prof regulating body Empty Re: prof regulating body Fri Nov 19, 2010 12:48 pm

gap_1


Arresto Menor

-the Board may conduct inspection or visit to determine compliance with this Decree and the rules and regulations promulgated pursuant thereto..excerpt from the law. is this enough for sua sponte if found incompliance atty?


6prof regulating body Empty Re: prof regulating body Sat Nov 20, 2010 7:04 am

attyLLL


moderator

gap, yes, that is sufficient authority. nevertheless, if they decide not to investigate, you cannot compel them to do so.

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7prof regulating body Empty Re: prof regulating body Mon Nov 22, 2010 6:33 am

gap_1


Arresto Menor

thank you atty.. Very Happy

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