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    dec

    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-eight day of July, two

    thousand three.

    Republic ct !o. "#"$ May %&, #''(

    ! CT R)*+T!* T) PRCTC) /0 CC/+!T!C1 ! T) PPP!)S,

    R)P)!* 0/R T) P+RP/S) PR)S2)!T 2)CR)) !/. 3"#, /T)R4S)

    5!/4! S T) R)6S)2 CC/+!T!C1 4, PPR/PRT!* 0+!2S

     T)R)0/R !2 0/R /T)R P+RP/S)S

    Be it enacted by the Senate and ouse of Representati7es of the Philippines

    in Congress asse8bled9

    Section %. Shorts Title. - This act shall be :nown as the ;Philippine

    ccountancy ct of #''(;

    Section #. 2eclaration of Policy. - The State recogni

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    accountants in nation building and de7elop8ent. ence, it shall de7elop and

    nurture co8petent, 7irtuous, producti7e and well rounded professional

    accountants whose standard of practice and ser7ice shall be e=cellent,

    >ualitati7e, world class and globally co8petiti7e though in7iolable, honest,

    e?ecti7e, and credible licensure e=a8inations and though regulatory

    8easures, progra8s and acti7ities that foster their professional growth andde7elop8ent.

    Section &. /b@ecti7es. - This ct shall pro7ide and go7ern9

     The standardiualied person to render professional

    ser7ices as a certied public accountantA or o?ering or rendering, or both or

    8ore than one client on a fee basis or otherwise, ser7ices as such as the

    audit or 7erication of nancial transaction and accounting recordsA or the

    preparation, signing, or certication for clients of reports of audit, balance

    sheet, and other nancial, accounting and related schedules, e=hibits,state8ent of reports which are to be used for publication or for credit

    purposes, or to be led with a court or go7ern8ent agency, or to be used for

    any other purposesA or to design, installation, and re7ision of accounting

    syste8A or the preparation of inco8e ta= returns when related to accounting

    proceduresA or when heEshe represent clients before go7ern8ent agencies on

    ta= and other 8atters relating to accounting or render professional assistance

    in 8atters relating to accounting procedures and the recording and

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    presentation of nancial facts or data.

    bD Practice in Co88erce and ndustry - shall constitute in a person in7ol7ed

    in decision 8a:ing re>uiring professional :nowledge in the science of

    accounting, or when such e8ploy8ent or position re>uires that the holder

    thereof 8ust be a certied public accountant.

    cD Practice in )ducationEcade8e - shall constitute in a person in an

    educational institution which in7ol7e teaching of accounting, auditing,

    8anage8ent ad7isory ser7ices, ancF, business law, ta=ation and other

    technically related sub@ect9 Pro7ided, That 8e8bers of the ntegrated Bar of

    the Philippines 8ay be allowed to teach business law and ta=ation sub@ects.

    dD Practice in *o7ern8ent - shall constitute in a person who holds, or is

    appointed to, a position in an accounting professional group in go7ern8ent or

    in an go7ern8ent-owned andEor controlled corporation, including those

    perfor8ing proprietary functions, where decision 8a:ing re>uires

    professional :nowledge in the science of accounting, or where a ci7il ser7ice

    eligibility as a certied public accountant is a prere>uisite.

    RTC)

    PR/0)SS/! R)*+T/R1 B/R2 /0 CC/+!T!C1

    Section G. The Professional Regulatory Board of ccountancy and its

    Co8position. - The Professional Regulatory Board of ccountancy, hereinafter

    referred to as Board, under the super7ision and ad8inistrati7e control of the

    Professional Regulation Co88ission, hereinafter referred to as the

    Co88ission, shall be co8posed of a Chair8an and si= 3D 8e8bers to beappointed by the President of the Philippines fro8 a list of three &D

    reco88endees for each position and ran:ed by the Co88ission fro8 a list of 

    7e GD no8inees for each position sub8itted by the accredited national

    professional organi

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    duties and responsibilities until such ti8e as a chair8an is appointed.

    Section 3. Iualications of a 8e8bers of the Professional Regulatory Board. -

    8e8ber of the Board shall, at the ti8e of hisEher appoint8ent, posses the

    following >ualications9

    Must be a natural-born citi

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    Section ". Powers and 0unctions of the Board. - The Board shall e=ercise the

    following specic powers, functions and responsibilities9

     To prescribed and adopt the rules and regulations necessary for carrying out

    the pro7isions of this ctA

     To super7ise the registration, licensure and practice of accountancy in the

    PhilippinesA

     To ad8inister oaths in connection with the ad8inistration of this ctA

     To issue, suspend, re7o:e, reinstate the Certicate of Registration for the

    practice of the accountancy professionA

     To adopt an oHcial seal of the BoardA

     To prescribe andEor adopt a Code of )thics for the practice of accountancyA

     To 8onitor the conditions a?ecting the practice of accountancy and adopt

    such 8easures, including pro8ulgation of accounting and auditing standards,

    rules and regulations and best practices as 8ay be dee8ed proper for the

    enhance8ent and 8aintenance of high professional, ethical, accounting and

    auditing standards9 That do8estic accounting and auditing standards rules

    and regulations shall include the international accounting and auditing

    standards, and generally accepted best practicesA

     To conduct an o7ersight into the >uality of audits of nancial state8ents

    though a re7iew of the >uality control 8easures instituted by auditors in

    order to ensure co8pliance with the accounting and auditing standards and

    practices,

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     To in7estigate 7iolations of this act and the rules and regulations pro8ulgated

    hereunder and for the purpose, to issue su88ons, subpoena and subpoena

    ad testicandu8 and subpoena duces tecu8 to 7iolator or witness thereof

    and co8pel their docu8ents in connection therewith9 Pro7ided, That the

    Board upon appro7al of the Co88ission 8ay, sub@ect to such rules and

    regulations that 8ay be pro8ulgated to i8ple8ent this section, delegate thefact-nding aspect of such in7estigations to the accredited national

    professional organiuestions for the

    licensure e=a8ination which shall strictly be within the scope of the syllabi of

    the sub@ects for e=a8inations as well as ad8inister, correct and release the

    result of the licensure e=a8inationsA

     To ensure the coordination with the Co88ission of the igher )ducation

    C)2D or other authoriuire8ents of the course prescribed by the C)2 or other authori

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     To e=ercise such other powers as 8ay be pro7ided by law as well as those

    which 8ay be i8plied fro8, or which are necessary or incidental to the

    carrying out of, the e=press powers granted to the Board to achie7e the

    ob@ecti7es and purposes of this ct.

     The policies resolution, rules and regulations issued or pro8ulgated by the

    Board shall be sub@ect to re7iew and appro7al of the Co88ission. owe7er,

    the BoardLs decisions, resolutions or orders rendered in the ad8inistrati7e

    cases shall be sub@ect to re7iew only if on appeal.

    Section %'. d8inistrati7e Super7isions of the Board, Custodian of its

    Records, Secretariat and Support Ser7ices. - The Board shall be under thead8inistrati7e super7ision of the Co88ission. ll records of the Board,

    including applications for e=a8ination and ad8inistrati7e and other

    in7estigati7e cases conduced by the Board shall be under the custody of the

    Co88ission. The Co88ission shall designate the secretary of the Board and

    shall pro7ide the secretariat and other support ser7ices to i8ple8ent the

    pro7isions of this ct.

    Section %%. *rounds for Super7ision or Re8o7al of Me8bers of the Board. -

     The President of the Philippines, upon the reco88endation of theCo88ission, after the gi7ing the concerned 8e8ber an opportunity to

    defend hi8self in proper ad8inistrati7e in7estigation to be conducted by he

    Co88ission, 8ay suspend or re8o7e any 8e8ber of the following grounds9

    !eglect of 2uty or inco8petenceA

    6iolation or tolerance of any 7iolation of this ct and itLs i8ple8entation rules

    and regulations or the Certied Public ccountantLs Code of )thics and thetechnical and professional standards of practice for certied public

    accountantA

    0inal @udg8ent of cri8es in7ol7ing 8oral turpitudeA and

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    Manipulation or rigging of the certied public accountantLs licensure

    e=a8ination results, disclosure of secret and condential infor8ation in the

    e=a8ination >uestions prior to the conduct of the said e=a8ination or

    ta8pering of grades.

    Section %#. nnual Report. - The Board shall, at the close of each calendar

    year, sub8it an annual report to the President of the Philippines though the

    Co88ission gi7ing the detailed account of its proceedings and

    acco8plish8ent during the year and 8a:ing reco88endations for the

    adoption of 8easures that will upgrade and i8pro7e the conditions a?ecting

    the practice of accountancy in the Philippines.

    RTC)

    )M!T/!, R)*STRT/! !2 C)!S+R)

    Section %&. The Certied Public ccountant )=a8inations. - ll applicants for

    registration for the practice of accountancy shall be re>uired to undergo a

    licensure e=a8ination to be gi7en by the Board in such places and dates as

    the Co88ission 8ay be designate sub@ect to co8pliance with there>uire8ents prescribed by the Co88ission in accordance with Republic ct

    !o. $"$%.

    Section %(. Iualications of pplicant for )=a8inations. - ny person

    applying for e=a8ination shall establish the following re>uisites to the

    satisfaction of the Board that heEshe9

    is a 0ilipino citi

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    is a holder of the degree of Bachelor of Science in ccountancy conferred by

    the school, college, acade8y or institute duly recogni

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    si=ty-7e percent 3GND in any gi7en sub@ect. n the e7ent a candidate

    obtains the rating of se7enty-7e percent GND and abo7e in at least a

    8a@ority of sub@ects as pro7ided for in this ct, heEshe shall recei7e a

    conditional credit for the sub@ects passed9 Pro7ided, That a candidate shall

    ta:e an e=a8ination in the re8aining sub@ects within two #D years fro8

    preceding e=a8ination9 Pro7ided, further, That if the candidate fails to obtainat least a general a7erage of se7enty-7e percent GND and a rating of at

    least si=ty-7e percent 3GND in each of the sub@ects ree=a8ined, heEshe

    shall be considered as failed in the entire e=a8ination.

    Section %. Report of Rating. - The Board shall sub8it to the Co88ission the

    rating obtained by each candidate within ten %'D calendar days after the

    e=a8ination, unless e=tended for @ust cause. +pon the release of the results

    of the e=a8ination, the Co88ission shall send by 8ailing the rating recei7ed

    by each e=a8inee at hisEher gi7en address using the 8ailing en7elopsub8itted during the e=a8ination.

    Section %$. 0ailing Candidates to Ta:e Refresher Course. - ny candidate who

    fails in two #D co8plete Certied Public ccountant Board )=a8inations shall

    be dis>ualied fro8 ta:ing another set of e=a8inations unless heEshe sub8it

    e7idence to the satisfaction of the Board that heEshe enrolled in and

    co8pleted at least twenty-four #(D units of sub@ect gi7en in the licensure

    e=a8ination.

    0or purposes of this ct, the e=a8ination in which the candidate was

    conditioned together with the re8o7al e=a8ination on the sub@ect in which

    heEshe failed shall be counted as one co8pete e=a8ination.

    Section %". /ath. - ll successful candidates in the e=a8ination shall re>uired

    to ta:e an oath of professional before any 8e8ber of the Board or before any

    go7ern8ent oHcial authori

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    the Co88ission. The Certicate of Registration shall bear the signature of the

    chairperson of the Co88ission and the chair8an and 8e8bers of the Board,

    sta8ped with the oHcial seal of the Co88ission and of the Board, indicating

    that the person na8ed therein is entitled to the practice of the profession

    with all the pri7ileges appurtenant thereto. The said certicate shall re8ain in

    full force and e?ect until withdrawn, suspended or re7o:ed in accordancewith this ct.

    Professional dentication Card bearing the registration nu8ber date of

    issuance, e=piry date, duly signed by the chairperson of the Co88ission,

    shall li:ewise be issued to e7ery registrant renewable e7ery three &D years.

    Section #%. Roster of Certied Public ccountant. - roster showing the

    na8es and place of business of all registered certied public accountantsshall be prepared and updated by the Board, and copies thereof shall be

    8ade a7ailable to any party as 8ay dee8ed necessary.

    Section ##. ndication of Certicate of Registration, dentication Card and

    Professional Ta= Receipt. - The certied public ccountant shall be re>uired to

    indicate hisEher certicate of registration nu8ber and date of issuance, the

    duration of 7alidity, including the Professional Ta= Receipt nu8ber on the

    docu8ents heEshe signs, uses or issues in connection with the practice of

    hisEher profession.

    Section #&. Refusal to ssue Certicate of Registration and Professional

    dentication Card. - The Board shall not register and issue a certicate of

    registration and professional identication Card to any successful e=a8inee

    con7icted by the court of co8petent @urisdiction of a cri8inal o?ence

    in7ol7ing 8oral turpitude or guilty of i88oral and dishonorable conduct to

    any person or unsound 8ind. n the e7ent of refusal to issue certicate for

    any reason, the Board shall gi7e the applicant a written state8ent setting

    forth the reasons for such action, which state8ent shall be incorporated inthe record of the Board.

    Section #(. Suspension and Re7ocation of Certicate of Registration and

    Professional dentication Card and Cancellation of Special Per8it. - The

    Board shall ha7e the power, upon the notice and hearing, to suspend or

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    re7o:e the practitionerLs certicate of registration and professional

    identication card or suspend hisEher fro8 the practice of hisEher profession

    or cancel hisEher special per8it for any of the causes or ground 8entioned

    under Section #& of this ct or any of the pro7isions of this ct, and its

    i8ple8enting rules and regulations, the certied Public ccountantLs Code of

    )thics and the technical and professional standards of practice for certiedpublic accountants.

    Section #G. Reinstate8ent, Reissuance and Replace8ent of Re7o:ed or ost

    Certicates. - The Board 8ay, after the e=piration of two #D years fro8 the

    date of re7ocation of a certicate of registration and upon application and for

    reasons dee8ed proper and suHcient, reinstate the 7alidity of a re7o:ed

    certicate of registration and in so doing, 8ay, in its discretion, e=e8pt the

    applicant fro8 ta:ing another e=a8ination.

    new certicate of registration to replace lost, destroyed, or 8utilated

    certicateElicense 8ay be issued, sub@ect to the rules and pro8ulgated by the

    Board and the Co88ission, upon the pay8ent of the re>uired fees.

    RTC) 6

    PRCTC) /0 CC/+T!C1

    Section #3. Prohibition in the Practice of ccountancy. - !o person shall

    practice accountancy in this country, or use the title ;Certied Public

    ccountant;, or use the abbre7iated title ;CP; or display or use any title,

    sign, card, ad7ertise8ent or other de7ice to indicate such person practices or

    o?ers to practice accountancy, or is a certied public accountant, unless such

    person shall ha7e recei7ed fro8 the Board a certicate of

    registrationEProfessional license and be issued a professional identication

    card or a 7alid te8poraryEspecial per8it duly issued to hi8Eher by the Board

    and the Co88ission.

    Section #. 6ested Rights. - Certied Public ccountants Registered 4hen

     This aw is Passed. - ll certied public accountants registered at the ti8e

    this law ta:es e?ect shall auto8atically be registered under the pro7isions

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    hereof, sub@ect, howe7er, to the pro7isions herein set forth as to future

    re>uire8ents. Certicate of RegistrationEProfessional license held by such

    persons in good standing shall ha7e the sa8e license force and e?ect as

    though issued after the passage of this ct.

    Section #$. i8itation of the Practice of Public ccountancy. - Single

    practitioners and partnerships for the practice of public accountancy shall be

    registered certied public accountants in the Philippines9 Pro7ided, That fro8

    the e?ecti7ity of this ct, a certicate of accreditation shall be issued to

    certied public accountant in public practice only upon showing, in

    accordance with rules and regulations pro8ulgated by the Board and

    appro7ed by the Co88ission, that such registrant has ac>uired a 8ini8u8 of 

    three &D years 8eaningful e=perience in any of the areas of public practice

    including ta=ation9 Pro7ide, further, that this re>uire8ent shall not apply to

    those already granted a certicate of accreditation prior to the e?ecti7ity ofthis ct. The Security and )=change Co88ission shall not register any

    corporation organi

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    certied public accountants.

    Section &%. ccreditation to Practice Public ccountancy. - Certied public

    accountants, r8s and partnerships of certied public accountants, engaged

    in the practice of public accountancy, including partners and sta? 8e8bers

    thereof, shall registered with the Co88ission and the Board, such

    registration to be renewed e7ery three &D years9 Pro7ided, That sub@ect to

    the appro7al of the Co88ission, the Board shall pro8ulgate rules and

    regulations for the i8ple8entation of registration re>uire8ents including the

    fees and penalties for 7iolation thereof.

    Section . Continuing Professional )ducation CP)D Progra8. - ll certied

    public accountants shall abide by the re>uire8ents, rules and regulations on

    continuing professional education to be pro8ulgated by the Board, sub@ect tothe appro7al of the Co88ission, in coordination with the accredited national

    professional organi

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    per8it 8ay be issued by the Board sub@ect to the appro7al of the Co88ission

    and pay8ent of the fees the latter has prescribed and charged thereof to the

    following persons9

    foreign certied public accountant called for consultation or for specic

    purpose which, in the @udg8ent of the Board, is essential for the de7elop8ent

    of the country9 Pro7ided, That hisEher practice shall be li8ited only for the

    particular wor: that heEshe is being engaged9 Pro7ided, further, That there is

    no 0ilipino certied public accountant >ualied for such consultation or

    specic purposesA

    foreign certied public accountant engaged as professor, lecturer or critic in

    elds essential to accountancy education in the Philippines and hisEher

    engage8ent is conned to teaching onlyA and

    foreign certied public accountant who is an internationally recogni

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    rules and regulations to carry out the pro7isions of this ct and which shall be

    e?ecti7e 0ifteen %GD days following their publication in the /Hcial *a

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    ll graduates with Bachelors 2egree, Ma@or in ccounting shall be allowed to

    ta:e the CP icensure )=a8ination within two #D years fro8 the e?ecti7ity

    of this ct under the rules and regulations to be pro8ulgated by the Board

    sub@ect to the appro7al by the Co88ission.

    Section (#. Separability Clause. - f any clause, pro7isions, paragraph or parts

    thereof shall be declared unconstitutional or in7alid, such @udg8ent shall not

    a?ect, in7alidate or i8pair any other part hereof, but shall be 8erely conned

    to the clause, pro7isions, paragraph or part directly in7ol7ed in the

    contro7ersy in which such @udg8ent has been rendered.

    Section (&. Repealing Clause. - Presidential 2ecree !o. 3"# is herebyrepealed and all other laws, orders, rules and regulations or resolutions or

    partEs thereof inconsistent with the pro7isions of this ct are hereby repealed

    or 8odied accordingly.

    Section ((. )?ecti7ity. - This ct shall ta:e e?ect after 0ifteen %GD days

    following its publication in the /Hcial *a

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    33$ was nally passed by the Senate and the ouse of the Representati7es

    on 0ebruary 3, #''( and 0ebruary , #''(, respecti7ely.

    /SCR *. 1B)S

    Secretary of Senate

    R/B)RT/ P. !OR)!/

    Secretary *eneral

    ouse of Represenati7es

    ppro7ed9 May %&, #''(