ra9298dec
TRANSCRIPT
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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)
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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 %&, #''(