Republic Act No.

9258

March 2, 2004

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
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
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.
The policies resolutions and rules and regulations issued or promulgated by the Professional
Regulatory Board shall be subject to review and approval by the Commission; however, the
Board's decisions, resolutions orders which are not interlocutory, rendered in an administrative
case, shall be subject to review only if on appeal with the Commission. The decision of the
Board and/or the Commission may be appealed to the Court of Appeals in accordance with the
Rules of Court.
Section 6. Qualification of Professional Regulatory Board Members. - The Chairman and
members of the Professional Regulatory Board, at the time of their appointment shall;
(a)

Be a citizen of the Republic of the Philippines ;

(b) Be a resident of the country for at least five(5) years immediately prior to his/her
appointment ;
(c)
Be of good moral character and must not have been convicted of any crime
involving moral turpitude;
(d)
Be a qualified guidance counselor holding a valid Certificate of Registration;
Provided, That in the case of the first members of the Board of Guidance and Counseling,
they shall be issued Certificates of Registration as guidance counselors without prior
examination;
(e)
Be a holder of a doctoral degree in Guidance and Counseling from a reputable
college or university duly recognized by the CHED and/or by a duly accredited college or
university abroad;
(f)
Have at least ten (10) years of continuous professional practice as guidance
counselor or counselor educator under this Act.
(g) Not be a member of the faculty of any school, college, or university where regular
and/or review courses in guidance and counseling education is taught nor have any
pecuniary interest in such institution; and
(h)
Not be an official of the integrated and accredited national professional
organization.
Section 7. Term of Office. - The members of the Board shall hold office for a term of three (3)
years or until their successors shall have been appointed and qualified. They may, however, be
reappointed for a second term. Of the members to be appointed for the first Board, one (1)
member shall hold office as Chairman for three (3) years; one (1) as member for two (2) years;
and one (1) member for a term of one (1) year. Any vacancy in the Board shall be filled for the
unexpired portion of the term only. Each member shall take the proper oath prior to assumption
duty.

Section 8. Administrative Supervision of the Board, Custodian of its Records, Secretariat and
Support Services. - All records of the Board, including application for examination and
administrative and other investigative cases shall be under the custody of the Commission. The
Commission shall designate the Secretary of the Board and shall provide the secretariat and
support services to implement the provision of this Act.
Section 9. Compensation and Allowances of the Board. - The Chairman and members of the
Boards shall received the compensation and allowances comparable to the compensation and
allowances received by the chairman and members of existing regulatory board under the
Commission as provided for in he General Appropriations Act.
Section 10. Grounds for Suspension and Removal of Board Members. - The president of the
Philippines, upon the recommendation of the Commission, after giving the concerned member an
opportunity to defend himself/herself a proper administrative investigation to be conducted by
the Commission, may remove and suspend any member on the following grounds:
(a)

neglect of duty or incompetence

(b)
violating or tolerance of violating this Act or the Code of Ethics and Code of
Professional and Technical Standards for guidance counselors;
(c)

conviction by final judgement of crimes involving moral turpitude;

(d)
manipulation of rigging of the licensure examination results, disclosure of secret
information or the examination, or tampering of the grades therein; or
(e)

conviction by the final judgement of any criminal offense by the courts.

Section 11. Annual Report. - The Chairman of the Board, shall after the close of the fiscal year,
submit an annual report to the commission, giving a detailed accounting of the proceedings of
the Board during the year and embodying such recommendation as the Board may desire to
make.
ARTICLE III
EXAMINATION, REGISTRATION AND LICENSURE
Section 12. Examination Required - All applicants for registration for the practice of Guidance
and Counseling shall be required to undergo a licensure examination to be given by the Board
and the Commission in such places and dates as the Commission may designate in accordance
with Republic Act No. 8981, subject to compliance with the requirements prescribed by the
Commission.
Section 13. Qualification for Examination. - In order to qualify for the examination, an applicant
must, at the time of filing the application be:
(a)
a citizen of the republic of the Philippines or a foreigner whose country has
reciprocity with the Philippines in the practice of Guidance and Counseling;
(b)
has not been convicted of any offense involving moral turpitude by a competent
court; and
(c)
holder of a Bachelor's Degree in Guidance and Counseling or in other Allied
Disciplines and a master's degree in Guidance and Counseling from an institution in the
Philippines or abroad recognized or accredited by the CHED.
Section 14. Registration Without Taking Licensure Examination. - A person who possesses the
pertinent qualifications required for admission in the examination for registration as guidance

counselor pursuant to the provisions of this Act maybe registered without examination:
Provided, That the applicant files with the Board within two (2) years after its creation, an
application for registration and issuance of a Certificate of Registration and Professional
Identification Card by submitting credentials showing that the applicant before the effectivity of
this Act;
(a) Had been doctoral and masters degree holders in Guidance and Counseling with at
least three (3) years of teaching Guidance and Counseling courses and/or full-time
counseling practice for the same period;
(b) Had passed at least eighteen (18) units of Master's level courses in Guidance and
Counseling such as Counseling Techniques/Theories, Organization or Administration of
Guidance Services, Test and Measurements, Group Process/Counseling and Career
Guidance/Counseling; and have at least seven (7) years of experience in counseling work;
and
(c)
Has completed academic requirements for a master's degree in guidance and
counseling and have five (5) years experience as full-time guidance counselors.
Section 15. Scope of Examination. - The examination shall cover the following subject areas'
(a)

Philosophical, Psychological and Sociological Foundations of Guidance;

(b)

Counseling Theories, Tools and Techniques;

(c)

Psychological Testing;

(d)

Organization and Administration of Guidance Services; and

(e)

Group Process and Program Development.

The Board, subject to approval by the Commission, may revise or exclude any of the subjects
and their syllabi, and add new ones as the need arises.
Section 16. Report of Rating. - The Board shall, within ten (10) days after the examination,
report the ratings obtained by each candidate to the Commission.
Section 17. Ratings in the Examination and Re-examination. - To be qualified as having passed
the licensure examination for guidance and counselors, a candidate must have obtained a
weighted general average of seventy-five (75%), with no grade lower than sixty (60%) in any
given subject. However, an examinee who obtains a weighted average of seventy-five percent
(75%) or higher but obtains a rating below sixty percent (60%) within two (2) years from the
date of the last examination. The subjects or subjects retaken must have each a rating of no less
than seventy-five (75%) in order to qualify as having passed the examination.
Section 18. Oath-Taking. - All successful examinees shall be required to take a professional oath
before any member of the Board or any officer of the Commission authorized by the PRC, or any
officer authorized by law.
Section 19. Issuance of Certificates of Registration and Professional Identification Card. - A
Certificate of Registration as a guidance counselor shall be issued to any applicant who passes
the examination or who is registered without examination, bearing the signature of the
Commission Chairperson and Chairman and members of the Board, and official Seal of the
Board.

A professional identification Card bearing the registration number, date of issuance, expiry date,
duly signed by the Commission Chairperson shall likewise be issued to every registrant who has
paid the prescribed fee.
Section 20. Roster of Guidance Counselors. - The Board, In coordination with the accredited
professional organization, shall kept a roster of the names, residence and office addresses of all
registered and licensed guidance counselors and the said roster shall be made available to the
public upon request.
Section 21. Integration of Guidance Counselors. - All registered/licensed Guidance Counselors
whose names appear in the roster of guidance counselors shall be united and integrated to their
automatic membership in a one (1) and only registered and accredited national organization of
registered/licensed Guidance Counselor which the Board, subject to approval by the
Commission, shall recognized and accredit after consultation with all existing organizations of
registered and licensed Guidance Counselors and, if possible with all those who are not members
of any of the said organizations. The members in the said integrated and accredited national
organizations shall received benefits and privileges appurtenant thereto upon payment of
required fees and dues. Membership integrated organization shall not be a bar to membership in
any association of Guidance Counselors.
Section 22. Indication of Certificate of Registration Number and Professional Tax Receipts
(PTR). - The Guidance Counselors shall be required to indicate his/her Certificate of Registration
number, the date of issuance, the period of validity of the license, including the professional tax
receipt number on the documents he/she signs, uses or issues in connection with the practice of
his/her profession.
Section 23. Practice Through Special/Temporary Permit. - Special/Temporary Permit maybe
issued by the Board, subject to the approval of the Commission and payment of the fees the latter
has prescribed and charged thereof, to the following persons:
(1)
Licensed Guidance Counselors from foreign countries/states whose services are
either for a fee or free;
(a) If they are internationally well-known counselors or outstanding experts in
any branch or specialty of Guidance and Counseling; and
(b)
If their services are urgently and importantly necessary for lack of, or
inadequacy of available local specialists/experts for the promotion or
advancement of the practice of guidance and counseling through transfer of
technology.
(2)
Licensed Guidance Counselors from foreign countries/states whose services shall
be free and limited to indigent patients in a particular hospital, center or clinic;
(3) Licensed Guidance Counselors from foreign countries/states employed as exchange
professors in branch or specialty of Guidance and counseling in schools, colleges,
universities offering the course of guidance and counseling.
The permit shall, among other things, include these limitations and conditions for a period of not
more than one (1) year subject to renewal, the branch or specialty of guidance and counseling,
and the specific place of practice such as clinic, hospital, center, school/college/university
offering the course of guidance and counseling. The Board, subject to approval by the
Commission, shall prescribe rules and regulations on the implementation of this particular
section.

Section 24. Denial, Suspension, Revocation of a Certification of Registration, Cancellation of

Special Permit. - The application for registration and the issuance of a Certificate of Registration
may be denied for any of these causes:
(a)

Conviction of an Offense involving moral, turpitude by a competent court;

(b)
Finding of Guilt by the Professional Regulatory Board for immoral and/or
dishonorable conduct; and
(c)

Declaration by the court of the applicant as being insane

The Certificate of Registration may be revoked or suspended, or the special permit may be
cancelled for any of the above- enumerated causes including the following: fraudulent
acquisition of Certificate of Registration and/or special permit; abetment or tolerance of illegal
practice by unqualified person through the use by the latter of Guidance Counselor's Certificate,
or special permit; Violation of any provision of this Act, Rules and Regulations of the Board and
Commission and other policies thereof, including the Code of Ethics, and Code of Technical
Standards or Guidance Counselors; unethical, immoral, dishonorable or unprofessional conduct;
malpractice; guilty of drug or alcohol abuse impairing his/her ability to practice his/her
profession; and practice of the profession during period of suspension by one whose Certificate
of Registration had been suspended by the Board.
No certificate shall be denied, revoked or suspended or any of the reason herein provided, until
after sworn complaint in writing against the applicant or holder thereof shall have been filed and
heard in a public hearing or upon request, behind close doors.
Section 25. Reinstatement. - A person may apply to the Board for reinstatement of a certificate
the issuance of which has been duly revoked at any time after the expiration of one (1) year from
the date of revocation of the said certificate. The application shall be in writing and shall
conform to requirement provided by the Board. No certificate shall be reinstated unless the
Board is satisfied that a good cause exists to warrant such reinstatement.
Section 26. Appeal. - The decision on the denial or refusal to issue Certificate of Registration,
the revocation or suspension of the Certificate of Registration, or cancellation of special permit
by the Board shall be final unless appealed to the Commission within fifteen (15) days from
receipt of the decision. The decision of the Board and/or Commission may be appealed to the
Court of Appeals.
ARTICLE IV
PRACTICE OF GUIDANCE AND COUNSELING
Section 27. Prohibition Against the Practice of Guidance and Counseling. - No person shall (a)
engage in the practice of guidance and counseling without a valid Certificate of Registration and
the valid Professional Identification Card or a special permit; (b) make representations to the
public or to third person as a licensed Guidance Counselor during the time that the licensed has
been revoked or suspended, and, (c) allow anybody to use his/her license as guidance counselor
to enable such unqualified individual to engage in the practice of guidance and counseling.
No corporation, partnership, association or entity shall operate a guidance and counseling office
or center, or otherwise engage in the practice of guidance and counseling without securing a
permit from the Board, which shall be issued only after it has satisfied itself that such
establishment is properly staffed by duly licensed Guidance Counselors
Any unethical practice of guidance and counseling as may be defined in a Code of ethics and
Code of Technical Standards to be prepared by the Board in consultation with Guidance
Counselors, is prohibited

Section 28. Right to Privilege Communication for Guidance Counselor. - A certified guidance
counselor who is allowed to practice guidance and counseling in accordance with this Act,
without the consent of the client, be examined as to any communication or information which
has been acquired while attending to such client. The protection accorded herein shall also
extend to the records and secretary or clerk of a license guidance counselor, who may not be
examined concerning any fact, the knowledge of which has been acquired in such capacity.
Any evidence obtained in violation of this provision shall be inadmissible for any purpose and
any proceeding
Section 29. Foreign Reciprocity. - No foreign Guidance Counselor shall be admitted to the
examinations, or be given a certificate of Registration, or be entitled to any of the rights and
privileges under this Act unless the country or state of which he/she is a subject or citizen
permits Filipino Guidance Counselors to Practice within its territorial limits on the same basis as
the subjects or citizen of said country or state: Provided, that the requirement for certification of
Guidance Counselors in said foreign state or country are substantially the same as those required
and contemplated under this Act: Provided, further, That the laws such states or country grant the
same privilege to Filipino Guidance Counselors on the same basis as the subjects or citizens of
such foreign state or country
Section 30. Funding Provisions.- The Chairperson of the Commission shall include in the
Commission's Programs the implementation of this Act, the funding of which shall be included
in the General Appropriations Act.
Section 31. Assistance of Law Enforcement Agency. - Any law enforcement agency shall, upon
call or request of the Commission or the Board, render assistance in enforcing this Act, including
all the rules and regulations promulgated thereunder by prosecuting the violators thereof in
accordance with law and the Rules of Court.
Section 32. Implementing Rules and Regulations. - Within sixty (60) days after the effectivity of
this Act,
Subject to the approval of the Commission, the Board shall promulgate the necessary rules and
regulations, in coordination with the integrated and accredited professional organization, to
implement the provisions of this Act, which shall be effective after fifteen (15) days following its
publication in the Official Gazette or newspaper of general circulation.
Section 33. Penalty Clause. - Any person who violates any provision of this Act and the rules
and regulations issued by the Board and the Commission or commits fraud in the acquisition of
Certificate of Registration or Special Permit, shall be punished with imprisonment of not less
that six (6) months but not more that eight (8) years, or a fine of not less that Fifty thousand
pesos (P50,000.00) but not more than One hundred thousand pesos (P100,000.00) or both in the
discretion of the court.
Section 34. Separability Clause.- If any part of this Act is declared unconstitutional, the
remaining parts not affected thereby shall continue to be valid and operational
Section 35. Repealing Clause. - All laws, decrees, orders, circulars, rules and regulations and
other issuances, which are inconsistent with this Act, are hereby repealed, amended or modified
accordingly.
Section 36. Effectivity. - This Act shall take effect one (1) month after its publication in a
newspaper of general circulation in the Philippines.