ra9298eeee
TRANSCRIPT
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accountants in nation buildin and de9elopment' 3ence, it shall de9elop and
nurture competent, 9irtuous, producti9e and "ell rounded professional
accountants "hose standard of practice and ser9ice shall be e>cellent,
?ualitati9e, "orld class and lobally competiti9e thouh in9iolable, honest,
e@ecti9e, and credible licensure e>aminations and thouh reulatory
measures, prorams and acti9ities that foster their professional ro"th andde9elopment'
#ection ' 4bAecti9es' % This (ct shall pro9ide and o9ern:
The standardi=ation and reulation of accountin educationB
The e>amination of reistration of certied public accountantsB and
The super9ision, control, and reulation of the practice of accountancy in the
Philippines'
#ection -' #cope of Practice' % The practice of accountancy shall include, but
not limited to, the follo"in:
aE Practice of Public (ccountancy % shall constitute a person, be it hisFher
indi9idual capacity, or as a sta@ member in an accountin or auditin rm,
holdin out himselfFherself as one s;illed in the ;no"lede, science and
practice of accountin, and as a ?ualied person to render professional
ser9ices as a certied public accountantB or o@erin or renderin, or both or
more than one client on a fee basis or other"ise, ser9ices as such as the
audit or 9erication of nancial transaction and accountin recordsB or the
preparation, sinin, or certication for clients of reports of audit, balance
sheet, and other nancial, accountin and related schedules, e>hibits,statement of reports "hich are to be used for publication or for credit
purposes, or to be led "ith a court or o9ernment aency, or to be used for
any other purposesB or to desin, installation, and re9ision of accountin
systemB or the preparation of income ta> returns "hen related to accountin
proceduresB or "hen heFshe represent clients before o9ernment aencies on
ta> and other matters relatin to accountin or render professional assistance
in matters relatin to accountin procedures and the recordin and
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presentation of nancial facts or data'
bE Practice in Commerce and ndustry % shall constitute in a person in9ol9ed
in decision ma;in re?uirin professional ;no"lede in the science of
accountin, or "hen such employment or position re?uires that the holder
thereof must be a certied public accountant'
cE Practice in .ducationF(cademe % shall constitute in a person in an
educational institution "hich in9ol9e teachin of accountin, auditin,
manaement ad9isory ser9ices, ancG, business la", ta>ation and other
technically related subAect: Pro9ided, That members of the nterated $ar of
the Philippines may be allo"ed to teach business la" and ta>ation subAects'
dE Practice in /o9ernment % shall constitute in a person "ho holds, or is
appointed to, a position in an accountin professional roup in o9ernment or
in an o9ernment%o"ned andFor controlled corporation, includin those
performin proprietary functions, "here decision ma;in re?uires
professional ;no"lede in the science of accountin, or "here a ci9il ser9ice
eliibility as a certied public accountant is a prere?uisite'
(RTC.
PR4.##4)( R./(T4R $4(RD 4 (CC4)T()C
#ection 5' The Professional Reulatory $oard of (ccountancy and its
Composition' % The Professional Reulatory $oard of (ccountancy, hereinafter
referred to as $oard, under the super9ision and administrati9e control of the
Professional Reulation Commission, hereinafter referred to as the
Commission, shall be composed of a Chairman and si> 6E members to beappointed by the President of the Philippines from a list of three E
recommendees for each position and ran;ed by the Commission from a list of
9e 5E nominees for each position submitted by the accredited national
professional orani=ation of certied public accountant' The $oard shall elect
a 9ice%chairman from amon each members for a term of one 1E year' The
chairman shall preside in all meetins of the $oards and in the e9ent of a
9acancy in the oHce of the chairman, the 9ice%chairman shall assume such
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duties and responsibilities until such time as a chairman is appointed'
#ection 6' Iualications of a members of the Professional Reulatory $oard' %
( member of the $oard shall, at the time of hisFher appointment, posses the
follo"in ?ualications:
!ust be a natural%born citi=en and a resident of the PhilippinesB
!ust be a duly reistered Certied Public (ccountant "ith at least ten 10E
years of "or; e>perience in any scope of practice of accountancyB
!ust be a ood moral character and must not ha9e been con9icted of crimes
in9ol9in moral turpitudeB and
!ust not ha9e any pecuniary interest, directly or indirectly, in any school,
collee, uni9ersity or institution conferrin an academic deree necessary for
admission to the practice of accountancy or "here re9ie" classes in
preparation for the licensure e>amination are bein o@ered or conducted, nor
shall heFshe be a member of the faculty or administration thereof at a time of
hisFher appointment to the $oard'
#ection J' Term of 4Hce' % The Chairman and !embers of the $oard shall
hold oHce for a term of three E years' (ny 9acancy occurrin "ithin the
term of a member shall be lled up for the une>pired portion of the term only'
)o person "ho has ser9ed t"o 2E successi9e complete terms shall be eliible
for reappointment until the lapse of one 1E year' (ppointment to ll up an
e>pired term is not to be considered as a complete term'
#ection +' Compensation and (llo"ances of the $oard' % The chairman and
the members of the $oard shall recei9e compensation and allo"ances
comparable to that bein recei9ed by the chairman and members of e>istin
reulatory boards under the Commission as pro9ided for in the /eneral
(ppropriate (ct'
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#ection *' Po"ers and unctions of the $oard' % The $oard shall e>ercise the
follo"in specic po"ers, functions and responsibilities:
To prescribed and adopt the rules and reulations necessary for carryin out
the pro9isions of this (ctB
To super9ise the reistration, licensure and practice of accountancy in the
PhilippinesB
To administer oaths in connection "ith the administration of this (ctB
To issue, suspend, re9o;e, reinstate the Certicate of Reistration for the
practice of the accountancy professionB
To adopt an oHcial seal of the $oardB
To prescribe andFor adopt a Code of .thics for the practice of accountancyB
To monitor the conditions a@ectin the practice of accountancy and adopt
such measures, includin promulation of accountin and auditin standards,
rules and reulations and best practices as may be deemed proper for the
enhancement and maintenance of hih professional, ethical, accountin and
auditin standards: That domestic accountin and auditin standards rules
and reulations shall include the international accountin and auditin
standards, and enerally accepted best practicesB
To conduct an o9ersiht into the ?uality of audits of nancial statements
thouh a re9ie" of the ?uality control measures instituted by auditors in
order to ensure compliance "ith the accountin and auditin standards and
practices,
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To in9estiate 9iolations of this act and the rules and reulations promulated
hereunder and for the purpose, to issue summons, subpoena and subpoena
ad testicandum and subpoena duces tecum to 9iolator or "itness thereof
and compel their documents in connection there"ith: Pro9ided, That the
$oard upon appro9al of the Commission may, subAect to such rules and
reulations that may be promulated to implement this section, deleate thefact%ndin aspect of such in9estiations to the accredited national
professional orani=ation of certied public accountant: Pro9ided, further,
That the $oard andFor the Commission may adopt their ndins of fact as
may be seems tBK
The $oard may, muto propio in its discretion, may such in9estiations as it
deem necessary to determine "hether any person has 9iolated any
pro9isions of this la", any accountin or auditin standard or rules duly
promulated by the $oard as part of the rules o9ernin the practice ofaccountancyB
To issue a cease or desist order to any person, associations, partnership or
corporation enaed in 9iolation of any pro9ision of this (ct, any accountin
or auditin standards or rules of duly promulated by the $oard as part of the
rules o9ernin the practice of accountancy in the PhilippinesB
To punish for contempt of the $oard, both direct and indirect, in accordance"ith the pertinent pro9ision of and penalties prescribed by the Rules of CourtB
To prepare, adopt, issue or amend the syllabi of the subAects for e>aminations
in consultation "ith the academe, determine and prepare ?uestions for the
licensure e>amination "hich shall strictly be "ithin the scope of the syllabi of
the subAects for e>aminations as "ell as administer, correct and release the
result of the licensure e>aminationsB
To ensure the coordination "ith the Commission of the 3iher .ducation
C3.DE or other authori=ed o9ernment oHces that all hiher educational
instruction and o@erin of accountancy comply "ith the policies, standards
and re?uirements of the course prescribed by the C3.D or other authori=ed
o9ernment oHces in the areas of curriculum, faculty, library and facilitiesB
and
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To e>ercise such other po"ers as may be pro9ided by la" as "ell as those
"hich may be implied from, or "hich are necessary or incidental to the
carryin out of, the e>press po"ers ranted to the $oard to achie9e the
obAecti9es and purposes of this (ct'
The policies resolution, rules and reulations issued or promulated by the
$oard shall be subAect to re9ie" and appro9al of the Commission' 3o"e9er,
the $oardLs decisions, resolutions or orders rendered in the administrati9e
cases shall be subAect to re9ie" only if on appeal'
#ection 10' (dministrati9e #uper9isions of the $oard, Custodian of its
Records, #ecretariat and #upport #er9ices' % The $oard shall be under theadministrati9e super9ision of the Commission' (ll records of the $oard,
includin applications for e>amination and administrati9e and other
in9estiati9e cases conduced by the $oard shall be under the custody of the
Commission' The Commission shall desinate the secretary of the $oard and
shall pro9ide the secretariat and other support ser9ices to implement the
pro9isions of this (ct'
#ection 11' /rounds for #uper9ision or Remo9al of !embers of the $oard' %
The President of the Philippines, upon the recommendation of theCommission, after the i9in the concerned member an opportunity to
defend himself in proper administrati9e in9estiation to be conducted by he
Commission, may suspend or remo9e any member of the follo"in rounds:
)elect of Duty or incompetenceB
8iolation or tolerance of any 9iolation of this (ct and itLs implementation rules
and reulations or the Certied Public (ccountantLs Code of .thics and thetechnical and professional standards of practice for certied public
accountantB
inal Audment of crimes in9ol9in moral turpitudeB and
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!anipulation or riin of the certied public accountantLs licensure
e>amination results, disclosure of secret and condential information in the
e>amination ?uestions prior to the conduct of the said e>amination or
tamperin of rades'
#ection 12' (nnual Report' % The $oard shall, at the close of each calendar
year, submit an annual report to the President of the Philippines thouh the
Commission i9in the detailed account of its proceedins and
accomplishment durin the year and ma;in recommendations for the
adoption of measures that "ill uprade and impro9e the conditions a@ectin
the practice of accountancy in the Philippines'
(RTC.
.M(!)(T4), R./#TR(T4) ()D C.)#R.
#ection 1' The Certied Public (ccountant .>aminations' % (ll applicants for
reistration for the practice of accountancy shall be re?uired to undero a
licensure e>amination to be i9en by the $oard in such places and dates as
the Commission may be desinate subAect to compliance "ith there?uirements prescribed by the Commission in accordance "ith Republic (ct
)o' +*+1'
#ection 1-' Iualications of (pplicant for .>aminations' % (ny person
applyin for e>amination shall establish the follo"in re?uisites to the
satisfaction of the $oard that heFshe:
is a ilipino citi=enB
is of ood moral characterB
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is a holder of the deree of $achelor of #cience in (ccountancy conferred by
the school, collee, academy or institute duly reconi=ed andFor accredited
by the C3.D or other authori=ed o9ernment oHcesB and
has not been con9icted of any criminal o@ence in9ol9in moral turpitude'
#ection 15' #cope of .>amination' % The licensure e>amination for certied
public accountants shall co9er, but are not limited to, the follo"in subAects:
Theory of (ccounts
$usiness a" and Ta>ation
!anaement #er9ices
(uditin Theory
(uditin Problems
Practical (ccountin Problem
Practical (ccountin Problem
The $oard, subAect to the appro9al of the Commission, may re9ise or e>clude
any of the subAects and their syllabi, and add ne" ones as the need arises'
#ection 16' Ratin in the icensure .>amination' % To be ?ualied as ha9in
passed the licensure e>amination for accountants, a candidate must obtain a
eneral a9erae of se9enty 9e percent J5NE, "ith no rade lo"er than
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si>ty%9e percent 65NE in any i9en subAect' n the e9ent a candidate
obtains the ratin of se9enty%9e percent J5NE and abo9e in at least a
maAority of subAects as pro9ided for in this (ct, heFshe shall recei9e a
conditional credit for the subAects passed: Pro9ided, That a candidate shall
ta;e an e>amination in the remainin subAects "ithin t"o 2E years from
precedin e>amination: Pro9ided, further, That if the candidate fails to obtainat least a eneral a9erae of se9enty%9e percent J5NE and a ratin of at
least si>ty%9e percent 65NE in each of the subAects ree>amined, heFshe
shall be considered as failed in the entire e>amination'
#ection 1J' Report of Ratin' % The $oard shall submit to the Commission the
ratin obtained by each candidate "ithin ten 10E calendar days after the
e>amination, unless e>tended for Aust cause' pon the release of the results
of the e>amination, the Commission shall send by mailin the ratin recei9ed
by each e>aminee at hisFher i9en address usin the mailin en9elopsubmitted durin the e>amination'
#ection 1+' ailin Candidates to Ta;e Refresher Course' % (ny candidate "ho
fails in t"o 2E complete Certied Public (ccountant $oard .>aminations shall
be dis?ualied from ta;in another set of e>aminations unless heFshe submit
e9idence to the satisfaction of the $oard that heFshe enrolled in and
completed at least t"enty%four 2-E units of subAect i9en in the licensure
e>amination'
or purposes of this (ct, the e>amination in "hich the candidate "as
conditioned toether "ith the remo9al e>amination on the subAect in "hich
heFshe failed shall be counted as one compete e>amination'
#ection 1*' 4ath' % (ll successful candidates in the e>amination shall re?uired
to ta;e an oath of professional before any member of the $oard or before any
o9ernment oHcial authori=ed of the Commission or any person authori=ed
by la" to administer oaths upon presentation of proof of hisFher ?ualication,prior to enterin upon the practice of the profession'
#ection 20' ssuance of Certicate of Reistration and Professional
dentication Card' % ( certicate of reistration shall be issued to e>aminees
"ho pass the licensure e>amination subAect to payment of fees prescribed by
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the Commission' The Certicate of Reistration shall bear the sinature of the
chairperson of the Commission and the chairman and members of the $oard,
stamped "ith the oHcial seal of the Commission and of the $oard, indicatin
that the person named therein is entitled to the practice of the profession
"ith all the pri9ilees appurtenant thereto' The said certicate shall remain in
full force and e@ect until "ithdra"n, suspended or re9o;ed in accordance"ith this (ct'
( Professional dentication Card bearin the reistration number date of
issuance, e>piry date, duly sined by the chairperson of the Commission,
shall li;e"ise be issued to e9ery reistrant rene"able e9ery three E years'
#ection 21' Roster of Certied Public (ccountant' % ( roster sho"in the
names and place of business of all reistered certied public accountantsshall be prepared and updated by the $oard, and copies thereof shall be
made a9ailable to any party as may deemed necessary'
#ection 22' ndication of Certicate of Reistration, dentication Card and
Professional Ta> Receipt' % The certied public (ccountant shall be re?uired to
indicate hisFher certicate of reistration number and date of issuance, the
duration of 9alidity, includin the Professional Ta> Receipt number on the
documents heFshe sins, uses or issues in connection "ith the practice of
hisFher profession'
#ection 2' Refusal to ssue Certicate of Reistration and Professional
dentication Card' % The $oard shall not reister and issue a certicate of
reistration and professional identication Card to any successful e>aminee
con9icted by the court of competent Aurisdiction of a criminal o@ence
in9ol9in moral turpitude or uilty of immoral and dishonorable conduct to
any person or unsound mind' n the e9ent of refusal to issue certicate for
any reason, the $oard shall i9e the applicant a "ritten statement settin
forth the reasons for such action, "hich statement shall be incorporated inthe record of the $oard'
#ection 2-' #uspension and Re9ocation of Certicate of Reistration and
Professional dentication Card and Cancellation of #pecial Permit' % The
$oard shall ha9e the po"er, upon the notice and hearin, to suspend or
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re9o;e the practitionerLs certicate of reistration and professional
identication card or suspend hisFher from the practice of hisFher profession
or cancel hisFher special permit for any of the causes or round mentioned
under #ection 2 of this (ct or any of the pro9isions of this (ct, and its
implementin rules and reulations, the certied Public (ccountantLs Code of
.thics and the technical and professional standards of practice for certiedpublic accountants'
#ection 25' Reinstatement, Reissuance and Replacement of Re9o;ed or ost
Certicates' % The $oard may, after the e>piration of t"o 2E years from the
date of re9ocation of a certicate of reistration and upon application and for
reasons deemed proper and suHcient, reinstate the 9alidity of a re9o;ed
certicate of reistration and in so doin, may, in its discretion, e>empt the
applicant from ta;in another e>amination'
( ne" certicate of reistration to replace lost, destroyed, or mutilated
certicateFlicense may be issued, subAect to the rules and promulated by the
$oard and the Commission, upon the payment of the re?uired fees'
(RTC. 8
PR(CTC. 4 (CC4T()C
#ection 26' Prohibition in the Practice of (ccountancy' % )o person shall
practice accountancy in this country, or use the title
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hereof, subAect, ho"e9er, to the pro9isions herein set forth as to future
re?uirements' Certicate of ReistrationFProfessional license held by such
persons in ood standin shall ha9e the same license force and e@ect as
thouh issued after the passae of this (ct'
#ection 2+' imitation of the Practice of Public (ccountancy' % #inle
practitioners and partnerships for the practice of public accountancy shall be
reistered certied public accountants in the Philippines: Pro9ided, That from
the e@ecti9ity of this (ct, a certicate of accreditation shall be issued to
certied public accountant in public practice only upon sho"in, in
accordance "ith rules and reulations promulated by the $oard and
appro9ed by the Commission, that such reistrant has ac?uired a minimum of
three E years meaninful e>perience in any of the areas of public practice
includin ta>ation: Pro9ide, further, that this re?uirement shall not apply to
those already ranted a certicate of accreditation prior to the e@ecti9ity ofthis (ct' The #ecurity and .>chane Commission shall not reister any
corporation orani=ed for the practice of public accountancy'
#ection 2*' 4"nership of Wor;in Papers' % (ll "or;in papers, schedules and
memoranda made by a certied public accountant and his sta@ in the course
of an e>amination, includin those prepared and submitted by the client,
incident to or in the course of an e>amination, by such certied public
accountant, e>cept reports submitted by a certied public accountant to a
client shall be treated condential and pri9ileed and remain the property ofsuch certied public accountant in the absence of a "ritten areement
bet"een the certied public accountant and the client, to the contrary, unless
such documents are re?uired to be produced thouh subpoena issued by any
court, tribunal, or o9ernment reulatory or administrati9e body'
#ection 0' (ccredited Professional 4rani=ation' % (ll reistered certied
public accountants "hose appear in the roster of certied public accountants
shall be united and interated thouh their membership in a one and only
reistered and accredited national professional orani=ation of reistered andlicensed certied public accountants, "hich shall be reistered "ith the
#ecurities and .>chane Commission as a nonprot corporation and
reconi=ed by the $oard subAect to the appro9al by the Commission' The
members of the said interated and accredited national professional
orani=ation shall recei9es benets and pri9ilees appurtenant thereto upon
payment of re?uired fees and dues' !embership in the interated
orani=ation shall not be a bar to membership in any other association of
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permit may be issued by the $oard subAect to the appro9al of the Commission
and payment of the fees the latter has prescribed and chared thereof to the
follo"in persons:
( forein certied public accountant called for consultation or for specic
purpose "hich, in the Audment of the $oard, is essential for the de9elopment
of the country: Pro9ided, That hisFher practice shall be limited only for the
particular "or; that heFshe is bein enaed: Pro9ided, further, That there is
no ilipino certied public accountant ?ualied for such consultation or
specic purposesB
( forein certied public accountant enaed as professor, lecturer or critic in
elds essential to accountancy education in the Philippines and hisFher
enaement is conned to teachin onlyB and
( forein certied public accountant "ho is an internationally reconi=ed
e>pect or "ith speciali=ation in any branch of accountancy and hisFher
ser9ice is essential for the ad9ancement of accountancy in the Philippines'
(RTC. 8
P.)( ()D )( PR48#4)#
#ection 6' Penal Pro9ision' % (ny person "ho shall 9iolate any of the
pro9isions of this (ct or any of its implementin rules and reulations as
promulated by the $oard subAect to the appro9al of the Commission, shall
upon con9iction, be punished by a ne of not less than ifty Thousand Pesos
50,000'00E or by imprisonment for a period not e>ceedin t"o 2E years or
both'
#ection J' mplementin Rules and Reulations' % Within )inety *0E days
after the e@ecti9ity of this (ct, the $oard, subAect to the appro9al of the
Commission and in coordination "ith the accredited national professional
orani=ation of certied public accountants, shall adopt and promulate such
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rules and reulations to carry out the pro9isions of this (ct and "hich shall be
e@ecti9e ifteen 15E days follo"in their publication in the 4Hcial /a=ette or
in any of the maAor daily ne"spaper of eneral circulation'
#ection +' nterpretation of this (ct' % )othin in this (ct shall be construed
to e@ect or pre9ent the practice or any other leally reconi=ed profession'
#ection *' .nforcement of this (ct' % t shall be primary duty of the
Commission and the $oard to e@ecti9ity enforce the pro9isions of this (ct' (ll
duly constituted la" enforcement aencies and oHcers of national,
pro9incial, city or municipal o9ernment or of any political subdi9ision
thereof, shall upon the call or re?uest of the Commission or the $oard, render
assistance in enforcin the pro9isions of this (ct and to prosecute any person
9iolatin the pro9isions of the same' The #ecretary of &ustice or his dulydesinated representati9e shall act as leal ad9iser to the Commission and
the $oard and shall render leal assistance as may be necessary in carryin
out the pro9isions of this (ct'
(ny person may brin before the Commission, $oard of the aforementioned
oHcers of the la", cases of illeal practice or 9iolations of this (ct committed
by any person or party'
The $oard shall assist the Commission in lin the appropriate chares
thouh the concerned prosecution oHce in accordance "ith la" and Rules of
Court'
#ection -0' undin Pro9ision' % The chairperson of the Professional
Reulation Commission shall immediately include the CommissionLs prorams
the implementation of this (ct, the fundin of "hich shall be included in the
annual /eneral (ppropriations (ct'
#ection -1' Transitory Pro9ision' % The incumbent chairman and members of
the $oard shall continue to ser9e in their respecti9e positions under the terms
for they ha9e been appointed under Presidential Decree )o' 6*2, "ithout the
need of ne" appointments'
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(ll raduates "ith $achelors Deree, !aAor in (ccountin shall be allo"ed to
ta;e the CP( icensure .>amination "ithin t"o 2E years from the e@ecti9ity
of this (ct under the rules and reulations to be promulated by the $oard
subAect to the appro9al by the Commission'
#ection -2' #eparability Clause' % f any clause, pro9isions, pararaph or parts
thereof shall be declared unconstitutional or in9alid, such Audment shall not
a@ect, in9alidate or impair any other part hereof, but shall be merely conned
to the clause, pro9isions, pararaph or part directly in9ol9ed in the
contro9ersy in "hich such Audment has been rendered'
#ection -' Repealin Clause' % Presidential Decree )o' 6*2 is herebyrepealed and all other la"s, orders, rules and reulations or resolutions or
partFs thereof inconsistent "ith the pro9isions of this (ct are hereby repealed
or modied accordinly'
#ection --' .@ecti9ity' % This (ct shall ta;e e@ect after ifteen 15E days
follo"in its publication in the 4Hcial /a=ette or in any maAor daily
ne"spaper of eneral circulation'
(ppro9ed,
R()7) DR4)
President of the #enate
&4#. D. 8.).C( &R'
#pea;er of the 3ouse of Representati9es
This (ct "hich is consolidation of #enate $ill )o' 2J-+ and 3ouse $ill )o'
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66J+ "as nally passed by the #enate and the 3ouse of the Representati9es
on ebruary 6, 200- and ebruary J, 200-, respecti9ely'
4#C(R /' ($.#
#ecretary of #enate
R4$.RT4 P' )(O(R.)4
#ecretary /eneral
3ouse of Represenati9es
(ppro9ed: !ay 1, 200-