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■ Suspend, revoke, or reissue Certificate of Registration forcauses provided by lawResolution No. 06-342 of the PRC provides the procedure forbringing complaints against registered professionals. It lists theoffenses, namely:■ Immoral or dishonorable conduct■ Unprofessional or unethical conduct■ Insanity■ Conviction of a criminal offense involving turpitude■ Gross negligence or incompetence in the practice of profession■ Use or perpetuation of fraud in the acquisition of license, permit, etc.■ Violation of the provisions of RA 8981 which regulate variousprofessions, their implementing rules and regulations and theircodes of ethics■ Neglect of duty■ Commission of irregularities in the licensure examinations, orviolations of any rule or regulation governing such examinations;and■ Such other cause or causes as may be provided by lawIf found guilty, the erring professional is meted the penalty ofreprimand, suspension or revocation of his/her certificate ofregistrastion/professional licence or permit.Formal complaints have to be submitted in person at the PRCoffice, where the first step is the docketing of the case. Dependingon the profession, the Commission itself or the appropriate boardunder it will investigate and hear the complaint on its merits.b. Supreme Court / Integrated Bar of the Philippines (IBP)A member of the bar may be disbarred, suspended or reprimanded,on the following grounds: (a) deceit; (b) malpractice or other grossmisconduct in office; (c) grossly immoral conduct; (d) convictionof a crime involving moral turpitude; (e) violation of the lawyer’soath; (f) willful disobedience of any lawful order of a superior court;and (g) willfully appearing as an attorney for a party without authority.Disbarment cases are filed with the Supreme Court, which aremeticulously studied by the Justices to make sure that the groundsare meritorious. The Supreme Court either dismisses the disbarmentcase or if found meritorious, directs the IBP to investigate and makeits recommendation/decision within 90 days from receipt of record.OVERVIEW OF AVAILABLE REDRESS INTRODUCTION MECHANISMS 43
c. Philippine Medical Association (PMA)The PMA has its Commission on Ethics that governs the conductof members in their relationships with each other, with theAssociation, and with the public. The Commission has come upwith the Association’s Code of Ethics. It is supposed to establishprocedures for dealing with complaints raised and/or referred to it,and make recommendations for the resolution of such cases. Sofar, the latest information on <strong>this</strong> indicates that the PMA follows thedecisions of PRC. Its procedures state that termination ofmembership will be carried out if and when the license of a certainmember had been revoked by the PRC.H. SOME IMPORTANT CONSIDERATIONS1. Avoiding Forum ShoppingRevised Circular No. 28-91 of the Supreme Court prohibits forum shopping,or the filing of a single case in different courts. To clarify, the filing of two ormore different kinds of suits (e.g., an administrative suit in combinationwith a criminal suit) is not considered forum shopping, while filing of twocriminal suits for the same case is clearly an example of forum shopping.A possible forum shopping can happen in the case of an employeedismissed from work owing to his/her HIV-positive status, presenting twodistinct possibilities: that of filing a case of illegal termination in line withArticle 217 of the Labor Code, or filing a case of violation of Article VII ofR.A. 8504. To file the case before both venues is considered forum shoppingand could lead to dismissal in both instances.2. Who to Approach FirstA victim or offended party has a number of options of who or what office toapproach first, when considering taking a legal action. Among these are:■Police officerNormally, crimes are reported to the police. They may even be thefirst to respond in cases of violent crimes, thefts, etc. The policetake care of filing a complaint with a fiscal after its investigation.44 SEEKING REDRESS FOR HIV-RELATED VIOLATIONS OF HUMAN RIGHTS
Page 2: Seeking Redress forHIV-Related Viol
Page 5 and 6: ANNEXES 61A. Cases that are subject
Page 7 and 8: ❖❖❖Atty. Cristina Sevilla (Me
Page 10 and 11: A. UNIVERSAL RIGHTSThe Rights of PL
Page 12 and 13: to property. Also, a substantial di
Page 14 and 15: and R.A. 9208 (Anti-Trafficking in
Page 16 and 17: Situation Regarding PLHIV WhoseRigh
Page 18 and 19: 3. Being verbally harassed / sworn
Page 20: have been brought before the Commis
Page 23 and 24: 2. Purpose of the victimIt is also
Page 25 and 26: B. NEGOTIATION AND PRIVATE MEDIATIO
Page 27 and 28: A case will be heard for mediation
Page 29 and 30: RTC hears the case. Further, family
Page 31 and 32: Table 3 “Summary of differences b
Page 33 and 34: done, inasmuch as a civil action co
Page 35 and 36: F. MECHANISMS FOR VIOLATIONS IN THE
Page 37 and 38: An aggrievedemployee decidesto take
Page 39 and 40: Grievance Procedure in a CBAA Colle
Page 41 and 42: G. ADMINISTRATIVE PROCEEDINGS1. Pro
Page 43: e. Office of the President / Sanggu
Page 48 and 49: Relevance of the VariousMechanisms
Page 50 and 51: study of the Revised Penal Code (RP
Page 52 and 53: 5. Very low penaltiesA PLHIV whose
Page 54 and 55: D. POTENTIALS AND LIMITATIONS OF TH
Page 56: F. POTENTIALS AND LIMITATIONS OF AD
Page 59 and 60: ■■■work for the improvement o
Page 62 and 63: Annex ACASES THAT ARE SUBJECT TO KA
Page 64 and 65: Annex BBACKGROUND ON THE PHILIPPINE
Page 66: The Highest Court - Supreme CourtTh
Page 69 and 70: 68 SEEKING REDRESS FOR HIV-RELATED
Page 81 and 82: 20. Borrowing money by superior off
Page 83 and 84: SEC. 62. Notice of Hearing.(a) With
Page 86: BIBLIOGRAPHYACHIEVE. Positive Justi

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