Guidance and SUBTITLE
Counselling Act of
2004 : RA 9258
• AN ACT PROFESSIONALIZING THE PRACTICE OF GUIDANCE AND
COUNSELING AND CREATING FOR THIS PURPOSE A
PROFESSIONAL REGULATORY BOARD OF GUIDANCE AND
COUNSELING, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES
ARTICLE I
TITLE, DECLARATION OF POLICY, DEFINITION OF
TERMS
• Section 1. Title. - This Act shall be known as the "Guidance and Counseling Act of 2004,"
• Section 2. Declaration of Policy. - It is hereby declared a policy of the Senate to promote
the improvement, advancement and protection of the guidance and counseling services
profession by undertaking and instituting measures that will result in professional,
ethical, relevant, efficient, and effective guidance and counseling services for the
development and enrichment of individuals and group lives.
• The State recognizes the important role of guidance and counselors in nation-building
and promotes the sustained development of reservoir of guidance and counselors whose
competence have been determined by honest and credible licensure examinations whose
standards of professional practice and service are world-class and Internationally
recognized, globally competitive through preventive regulatory measures, programs and
activities that foster their continuing professional development.
Section 3. Definition of Terms. - As used in this Act,
the following terms shall mean:
• a) Guidance and Counseling is a profession that involves the use of an
integrated approach to the development of a well-functioning individual
primarily by helping him/her potentials to the fullest and plan him/her to
utilize his/her potentials to the fullest and plan his/her future in accordance
with his/her abilities, interests and needs. It includes functions such as
counseling subjects, particularly subjects given in the licensure examinations,
and other human development services.
• b) A guidance counselor is a natural person who has been registered and
issued a valid Certificate of Registration and a valid Professional
Identification Card by the Professional Regulatory Board of Guidance and
Counseling and the Professional Regulatory Commission (PRC) in accordance
with this Act and by virtue of specialized training performs for a fee, salary or
other forms of compensation, the functions of guidance and counseling under
Section 3 (a) of this Act.
ARTICLE II
THE PROFESSIONAL REGULATORY BOARD OF
COUNSELING
• Section 4. Creation of Professional Regulatory Board of Guidance and
Counseling - There shall be created a Professional Regulatory Board of
Guidance and Counseling, hereinafter referred to as the Board, Under
the administrative control and supervision of the Professional
Regulatory Commission, hereinafter referred to as the Commission, to
be composed of a Chairman and two (2) members who shall be
appointed by the Philippines from a list of three (3) recommendees for
each position submitted by the Commission from a list of five (5)
nominees for each position submitted by the accredited and integrated
organization of guidance counselors.
Section 5. Powers, Functions, Duties and Responsibilities of
the Board. - The professional Regulatory Board shall have
the following specific powers, duties and responsibilities.
• (a) Supervise and regulate the practice of Guidance and Counseling;
• (b) Determine and evaluate the qualifications of the applicants for registration
with or without licensure examinations and for issuance of special permits;
• (c) Prepare the examination questions in accordance with Section 15 hereof or the
modification thereof, and correct and rate the examination papers through a process
of computerization;
• (d) Prepare, adopt issue or amend the syllabi for the subjects in the licensure
examination, in consultation with the Commission on Higher Education (CHED), the
academe and the accredited professional organizations;
• e) Register successful examinees in the licensure examination and issue the
corresponding certificates of registration ;
• (f) Issue special/temporary permits to foreign guidance counselors to
practice Guidance and Counseling for specific duration of time for a fee or on
medical mission without a fee;
• (g) Monitor the conditions affecting the practice of Guidance Counseling,
conduct ocular inspection of places where guidance counselors practice their
profession and adopt measures for the enhancement of the profession and the
maintenance of high professional, technical and ethical standards;
• h) Ensure, in coordination with the CHED, that all education institutions offering
the course/program of Guidance and Counseling comply with the policies, standards
and requirements of the said course prescribed by the CHED in the areas of
curriculum, faculty, library and facilities;
• (i) Promulgate rules and regulations including a Code of Ethics, a Code of
Technical Standards for guidance counselors and administrative policies, orders and
issuances, to carry out the provisions of this Act.
• (j) Investigates violations of this Act and the Rules and Regulations, Code of Ethics
Code of Technical Standards, administrative policies, orders and issuances,
promulgated by the Professional Regulatory Board. The Rule on administrative
investigation promulgated by the Commission shall govern in such investigation;
• (k) Issue subpoena or subpoena duces tecum to secure the attendance of
respondents or witnesses or the production of documents relative to the
investigation conducted by the Board;
• (l) Render decision, order or resolution on preliminary investigation or
inquiry against violators of this Act, Rules and Regulations, Code of Ethics,
Code of Technical Standards or any policy on undocketed cases and the
docketed administrative cases against examinees and registrants, which shall
become final and executory unless appealed with the Commission within
fifteen (15) days from receipt of the copy thereof;
• (m) Issue, suspend, revoke or re-issue any license for the practice of
Guidance and Counseling as defined in this Act.
• (n) Administer oaths necessary for the effective Implementation of this Act;
• (o) Initiate criminal action against any violator of this Act and/or the rules and regulation of the Board;
• (p) Adopt the official seal of the Board;
• (q) Prescribed guidelines and criteria on the continuing professional education (CPE);
• (r) Adopt such measures necessary and proper for the maintenance of high ethical and professional standards in the practice of
the profession; and
• (s) Perform such other functions and duties as may be necessary to effectively implement this Act