Dear PAO,

Prior to being a registered chemist here in the Philippines, my friend had a pending case before the Supreme Court assailing his conviction for violation of Art. 334 of the Revised Penal Code of the Philippines, or the crime of concubinage. Last week, he received a copy of the certificate of finality from the court stating that the judgment, which affirmed his conviction, has already attained its finality. Among other things, he now wants to know if this may be used as a ground for the revocation of his certification as a registered chemist.

Don

Dear Don,

Considering that chemistry is vital to public safety and the protection of the environment, the State enacted a law that regulates and protects the professional practice of chemistry in the country. The law which provides for circumstances or grounds for cancellation or revocation of the issued certification or permit of registered chemists is Section 29 of Republic Act (RA) 10657, which states:

“Section 29. Revocation or Suspension of the Certificate of Registration and Cancellation of Temporary/Special Permit. – The Board shall have the power, upon notice and hearing, to revoke or suspend the certificate of registration of a registered chemist or to cancel a temporary/special permit granted to a foreign chemist, based on the following grounds:

“Any act of misrepresentation, dishonesty, unethical conduct or gross incompetence in connection with the performance of chemistry services as defined in this Act or any act inimical to the chemistry profession;

“Immorality or commission of any act involving moral turpitude;

“Conviction by final judgment of a court of competent jurisdiction of any criminal offense; or

“Judicial declaration that the former is of unsound mind.

“The Board may, for reason it may deem sufficient and upon proper petition, reissue revoked certificates of registration or other certificates.” (Emphasis supplied)

The Professional Regulatory Board of Chemistry (“Board”) was created under RA 10657 to exercise its duties and responsibilities, including supervising and regulating the practice of the chemistry profession in the Philippines in accordance with the law, and determining the requirements and evaluating the qualifications of applicants for registration and renewal of licenses for registered chemists and registered chemical technicians. The Board also has the power to revoke or cancel the licenses and permits it has already issued based on the grounds stated under Section 29 of RA 10657.

One of the grounds that the Board may use to revoke or suspend the certificate of registration of a registered chemist is conviction by final judgment, of a court of competent jurisdiction, of any criminal offense. Thus, in the situation you mentioned, considering that there is already a final judgment on your friend’s conviction for a criminal offense, the Board may revoke his certificate of registration as a chemist. Upon revocation of your friend’s license, he may no longer practice his profession as a registered chemist in the country.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].