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by : Prof. Antonio M. Santos Laws & Legislations Affecting Librarianship: Issues and Concerns.

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Presentation on theme: "by : Prof. Antonio M. Santos Laws & Legislations Affecting Librarianship: Issues and Concerns."— Presentation transcript:

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2 by : Prof. Antonio M. Santos Laws & Legislations Affecting Librarianship: Issues and Concerns

3  According to Waddington, there are six attributes of a Professional Model cited in Kuper & Kuper, Social Science Encyclopedia, pp. 650-51, London, 1985.

4 possession of a skill based on theoretical knowledge Six Attributes of a Profession provision of training and education testing of competence of its members formation of an organization adherence to a code of ethics provision of altruistic service

5 Philippine Federation of Professional Associations (PFPA) STATE REGULATIONS OF PROFESSIONS A Chart Office of the President Professional Regulation Commission (PRC) Professional Regulatory Board (PRB) [PRB for Librarians] Accredited Professional Organization (APO) [Phil. Librarians Association, Inc (PLAI)] Professional Regulatory Board Members, Inc. (PAPRB) Department of Labor and Employment (DOLE)

6 An Act Modernizing the Professional Regulation Commission, Repealing for the Purpose Presidential Decree Numbered Two Hundred and Twenty-three, Entitled "Creating the Professional Regulation Commission and Prescribing its Powers and Functions," and for Other Purposes Rep. Act No. 8981

7 SECTION 1.Title. — This Act shall be called the "PRC Modernization Act of 2000." SECTION 1.Title. — This Act shall be called the "PRC Modernization Act of 2000." PRC Modernization Act of 2000

8 SEC. 2.Statement of Policy. — The State recognizes the important role of professionals in nation-building and, towards this end, promotes the sustained development of a reservoir of professionals whose competence has been determined by honest and credible licensure examinations and whose standards of professional service and practice are internationally recognized and considered world-class brought about by regulatory measures, programs and activities that foster professional growth and advancement. SEC. 2.Statement of Policy. — The State recognizes the important role of professionals in nation-building and, towards this end, promotes the sustained development of a reservoir of professionals whose competence has been determined by honest and credible licensure examinations and whose standards of professional service and practice are internationally recognized and considered world-class brought about by regulatory measures, programs and activities that foster professional growth and advancement.

9 SEC. 3.Professional Regulation Commission. — There is hereby created a three-man commission to be known as the Professional Regulation Commission, hereinafter referred to as the Commission, which shall be attached to the Office of the President for general direction and coordination. SEC. 3.Professional Regulation Commission. — There is hereby created a three-man commission to be known as the Professional Regulation Commission, hereinafter referred to as the Commission, which shall be attached to the Office of the President for general direction and coordination.

10 SEC. 9.Powers, Functions and Responsibilities of the Various Professional Regulatory Boards. — The various professional regulatory boards shall retain the following powers, functions and responsibilities: SEC. 9.Powers, Functions and Responsibilities of the Various Professional Regulatory Boards. — The various professional regulatory boards shall retain the following powers, functions and responsibilities: (a)To regulate the practice of the professions in accordance with the provisions of their respective professional regulatory laws;

11 Rep. Act No. 6966 An Act Regulating the Practice of Librarianship and Prescribing the Qualifications of Librarians

12 Philippine Librarianship Act of 1990 SECTION 1.Title. — This Act shall be known as the "Philippine Librarianship Act." SECTION 1.Title. — This Act shall be known as the "Philippine Librarianship Act."

13 Statistics on BFL Licensure Examination for Librarians Date of Exam. No.of No. of No. Percentage of Examinees Examinees Examinees Passing Passed Failed 1. Dec. 199234212421836.26% 2. Dec. 1993 28 14 1450.00% 3. Dec. 1994200101 9950.50% 4. Dec. 199526313612751.71% 5. Dec. 199641918623344.39% 6. Dec. 199745124520654.32% 7. Dec. 199843121721450.35% 8. Dec. 199953629524155.04% 9. Nov. 200062133129053.30% 10. Nov. 200168835133751.02% 11. Nov. 200265634431252.43% 12. Nov. 2003 12. Nov. 200372437035451.10% Nov. 2004 13. Nov. 2004 59917442529.04% 14. Nov. 200576224052231.49% 15. Nov. 200682530352236.72% 16. Nov. 200787827860031.66% 17. Nov. 2008 100323776623.62% 18. Nov. 2009 94728466330.00% Total 10031 4106 5925 Total 10031 4106 592541.00%

14 Total Registered Librarians through Examination Total Registered Librarians through Examination4106 Total Registered Librarians through Exemption Total Registered Librarians through Exemption1873 Total Registered Librarians as of year 2009 (Completed) Total Registered Librarians as of year 2009 (Completed)5979

15 Rep. Act No. 9246 An Act Modernizing the Practice of Librarianship in the Philippines Thereby Repealing Republic Act No. 6966, Entitled: "An Act Regulating the Practice of Librarianship and Prescribing the Qualifications of Librarians," Appropriating Funds Therefor and for Other Purposes.

16 The Philippine Librarianship Act of 2003 SECTION 1.Short Title. — This Act shall be known as "The Philippine Librarianship Act of 2003." SECTION 1.Short Title. — This Act shall be known as "The Philippine Librarianship Act of 2003."

17 SEC. 2.Statement of Policy. — The State recognizes the essential role of librarianship as a profession in developing the intellectual capacity of the citizenry thus making library service a regular component for national development. It shall, through honest, effective and credible licensure examination and regulatory measures, undertake programs and activities that would promote and nurture the professional growth and well-being of competent, virtuous, productive and well-rounded librarians whose standards of practice and service shall be characterized by excellence, quality, and geared towards world-class global competitiveness. SEC. 2.Statement of Policy. — The State recognizes the essential role of librarianship as a profession in developing the intellectual capacity of the citizenry thus making library service a regular component for national development. It shall, through honest, effective and credible licensure examination and regulatory measures, undertake programs and activities that would promote and nurture the professional growth and well-being of competent, virtuous, productive and well-rounded librarians whose standards of practice and service shall be characterized by excellence, quality, and geared towards world-class global competitiveness.

18 SEC.3. Objectives. — This Act shall govern the following: SEC.3. Objectives. — This Act shall govern the following: (a)National examination for licensure, registration of librarians, issuance of Certificate of Registration and Professional Identification Card; (b)Supervision, control and regulation of practice of librarianship; (c)Integration of librarians under one national organization; and (d)Development of professional competence of librarians.

19 SEC. 5.Scope of the Practice of Librarianship. — Librarianship shall deal with the performance of the librarian's functions, which shall include, but not be limited to the following: SEC. 5.Scope of the Practice of Librarianship. — Librarianship shall deal with the performance of the librarian's functions, which shall include, but not be limited to the following: (1)Selection and acquisition of multi-media sources of information which would best respond to clientele's need for adequate, relevant and timely information; (2)Cataloguing and classification of knowledge or sources of information into relevant organized collections and creation of local databases for speedy access, retrieval or delivery of information;

20 (3)Development of computer-assisted/computer- backed information systems which would permit on-line and network services; (4)Establishment of library systems and procedures; dissemination of information; rendering of information, reference and research assistance; archiving; and education of users; (5)Teaching, lecturing and reviewing of library, archives and information science subjects, including subjects given in the licensure examination;

21 (6)Rendering of services involving technical knowledge/expertise in abstracting, indexing, cataloguing and classifying; or the preparation of bibliographies, subject authority lists, thesauri and union catalogues/lists; (7)Preparation, evaluation or appraisal of plans, programs and/or projects for the establishment, organization, development and growth of libraries or information centers, and the determination of library requirements for space, buildings, structures or facilities;

22 (8)Provision of professional and consultancy services or advice on any aspect of librarianship; and (9)Organization, conservation, preservation and restoration of historical and cultural documents and other intellectual properties.

23 SEC. 6.Creation and Composition of the Board. — There is hereby created a Professional Regulatory Board for Librarians, hereinafter called the Board, under the administrative supervision and control of the Professional Regulation Commission, hereinafter referred to as the Commission, to be composed of a Chairperson and two (2) members who shall be appointed by the President of the Philippines from among the list of three (3) recommendees for each position submitted by the Commission from among the list of five (5) nominees for each position submitted by the accredited, integrated national professional organization of librarians from among the librarians of recognized standing who qualify under Section 7 of this Act. The new Board shall be constituted within three (3) months from the effectivity of this Act. SEC. 6.Creation and Composition of the Board. — There is hereby created a Professional Regulatory Board for Librarians, hereinafter called the Board, under the administrative supervision and control of the Professional Regulation Commission, hereinafter referred to as the Commission, to be composed of a Chairperson and two (2) members who shall be appointed by the President of the Philippines from among the list of three (3) recommendees for each position submitted by the Commission from among the list of five (5) nominees for each position submitted by the accredited, integrated national professional organization of librarians from among the librarians of recognized standing who qualify under Section 7 of this Act. The new Board shall be constituted within three (3) months from the effectivity of this Act.

24 SEC. 7. Qualifications of Members of the Board. — The Chairperson and members of the Board, at the time of their appointment, shall possess the following qualifications: SEC. 7. Qualifications of Members of the Board. — The Chairperson and members of the Board, at the time of their appointment, shall possess the following qualifications: (a)A natural born citizen and resident of the Philippines; (b)A good reputation and moral character; (c)A librarian as defined in "Section 4(a)" of this Act;

25 (d)Active in the practice of librarianship for at least ten (10) years, five (5) years of which is in a managerial position; (e)Must not be a member of the faculty of a university, college, school or institution conferring the academic degree on librarianship, or offering review classes for librarian licensure examination; nor a person who has a direct or indirect pecuniary interest in any such institution; and (f)Must not be an incumbent officer of the accredited, integrated national professional organization of librarians.

26 SEC.15.Qualifications of Applicants. — Applicants for licensure examination must meet the following qualifications at the time of filing of applications: SEC.15.Qualifications of Applicants. — Applicants for licensure examination must meet the following qualifications at the time of filing of applications: (a)Citizen of the Philippines or a foreign citizen whose country has reciprocity with the Philippines as regards the practice of librarianship; (b)Good health and good moral character; and

27 (c)Graduate of Bachelor's degree in Library Science and Information Science: Provided, That a holder of a master's degree in Library and Information Science shall be allowed to qualify for application to the licensure examinations: Provided, further; That within five (5) years from the effectivity of this Act, holders of the following degrees shall also be allowed to qualify for application to the licensure examination: (1)Bachelor of Science in Education or Elementary Education; or Bachelor of Arts with a major or specialization in Library Science; (2)Master of Arts in Library Science or Library and Information Science; or (3)Any masteral degree with concentration in Library Science.

28 SEC. 16.Scope of Examination. — The licensure examination for librarianship shall consist of the following subjects: SEC. 16.Scope of Examination. — The licensure examination for librarianship shall consist of the following subjects: (1)selection and acquisition of multi- media sources of information; (2)cataloguing and classification; (3)indexing and abstracting; (4)reference, bibliography and information services;

29 (5)organization, management and development and maintenance of multi- media based library or information service, laws, trends and practices affecting the profession; and (6)information technology.

30 SEC. 17.Rating in the Board Examination. — To be qualified as having passed the licensure examination, a candidate must obtain a weighted general average of seventy-five percent (75%), with no grade lower than fifty percent (50%) in any subject. SEC. 17.Rating in the Board Examination. — To be qualified as having passed the licensure examination, a candidate must obtain a weighted general average of seventy-five percent (75%), with no grade lower than fifty percent (50%) in any subject.

31 SEC. 19.Registration Without Examination. — Upon application and payment of the required fees, the Board shall issue a Certificate of Registration and Professional Identification Card to an applicant who, on the date of effectivity of Republic Act No. 6966, is: SEC. 19.Registration Without Examination. — Upon application and payment of the required fees, the Board shall issue a Certificate of Registration and Professional Identification Card to an applicant who, on the date of effectivity of Republic Act No. 6966, is: (a)a practicing librarian who has completed at least a bachelor's degree and a librarian or supervising librarian eligible;

32 (b)a practicing librarian who has completed at least a bachelor's degree, eighteen (18) units in Library Science, five (5) years experience in librarianship, and a first grade eligible or its equivalent; (c)a practicing librarian who has completed a masteral degree in Library Science or Library and Information Science, and a first grade eligible or its equivalent; or

33 (d)a practicing librarian who has completed at least a bachelor's degree, eighteen (18) units in Library Science, and seven (7) years experience in librarianship. Those who qualify under this Section shall be given three (3) years within which to apply for registration upon the effectivity of this Act.

34 SEC. 25.Roster of Librarians. — The Board, in coordination with the accredited and integrated national organization of librarians, shall maintain an up-to-date, complete and properly organized Roster, which shall include those who had been issued Certificates of Registration under Republic Act No. 6966 and those who shall qualify under this Act, to contain the following data: SEC. 25.Roster of Librarians. — The Board, in coordination with the accredited and integrated national organization of librarians, shall maintain an up-to-date, complete and properly organized Roster, which shall include those who had been issued Certificates of Registration under Republic Act No. 6966 and those who shall qualify under this Act, to contain the following data:

35 (a)alphabetical list by surname of librarians with their addresses and license numbers; (b)the list of licensees, numerically arranged by license numbers; and (c)such other lists which the Board may deem necessary. Copies of the Roster, which shall be provided to the National Library, the Civil Service Commission, and the accredited national organization of librarians, shall be kept as permanent record.

36 SEC. 26.Illegal Practice of Librarianship. — A person who does not have a valid Certificate of Registration and Professional Identification Card or a temporary/special permit from the Commission shall not practice or offer to practice librarianship in the Philippines or assume any position, which involve performing the function of a librarian as provided under Section 5 of this Act. SEC. 26.Illegal Practice of Librarianship. — A person who does not have a valid Certificate of Registration and Professional Identification Card or a temporary/special permit from the Commission shall not practice or offer to practice librarianship in the Philippines or assume any position, which involve performing the function of a librarian as provided under Section 5 of this Act.

37 SEC. 28.Foreign Reciprocity. — A librarian from another country shall be admitted for licensure examination, be issued a Certificate of Registration and Professional Identification Card and be entitled to the rights and privileges appurtenant to this Act, if the country or state he/she is a citizen of or subject, permits Filipino librarians to practice librarianship on an equal basis as the librarians of said country or state: Provided That the requirements for Certificate of Registration in said country or state are substantially the same as the requirements under this Act: Provided, further, That the law of such country or state grants Filipino librarians the same privileges as the citizens/subjects of that country/state. SEC. 28.Foreign Reciprocity. — A librarian from another country shall be admitted for licensure examination, be issued a Certificate of Registration and Professional Identification Card and be entitled to the rights and privileges appurtenant to this Act, if the country or state he/she is a citizen of or subject, permits Filipino librarians to practice librarianship on an equal basis as the librarians of said country or state: Provided That the requirements for Certificate of Registration in said country or state are substantially the same as the requirements under this Act: Provided, further, That the law of such country or state grants Filipino librarians the same privileges as the citizens/subjects of that country/state.

38 SEC. 29. Vested Rights: Automatic Registration of Practicing Librarians. — All practicing librarians who are registered at the time this Act takes effect shall automatically be registered. SEC. 29. Vested Rights: Automatic Registration of Practicing Librarians. — All practicing librarians who are registered at the time this Act takes effect shall automatically be registered.

39 SEC. 30. Integrated and Accredited National Organization of Librarians. — All registered librarians shall be integrated under a single organization recognized and accredited by the Board and approved by the Commission. SEC. 30. Integrated and Accredited National Organization of Librarians. — All registered librarians shall be integrated under a single organization recognized and accredited by the Board and approved by the Commission.

40 SEC. 31. Employment of Librarians. — Only qualified and licensed librarians shall be employed as librarians in all government libraries. Local government units shall be given a period of three (3) years from the approval of this Act to comply with this provision. SEC. 31. Employment of Librarians. — Only qualified and licensed librarians shall be employed as librarians in all government libraries. Local government units shall be given a period of three (3) years from the approval of this Act to comply with this provision.

41 SEC. 32.Penal Provisions. — Any person who practices or offers to practice any function of a librarian as provided for under Section 5 of this Act who is not registered and has not been issued by the Commission a Certificate of Registration and Professional Identification Card, or a temporary license/permit or who violates any of the provisions of this Act, its Implementing Rules and Regulations, shall, upon conviction, be penalized by a fine of not less than Thirty thousand pesos (P30,000.00) nor more than One hundred-thousand pesos (P100,000.00), or imprisonment of not less than one (1) month nor more than three (3) years at the discretion of the court. SEC. 32.Penal Provisions. — Any person who practices or offers to practice any function of a librarian as provided for under Section 5 of this Act who is not registered and has not been issued by the Commission a Certificate of Registration and Professional Identification Card, or a temporary license/permit or who violates any of the provisions of this Act, its Implementing Rules and Regulations, shall, upon conviction, be penalized by a fine of not less than Thirty thousand pesos (P30,000.00) nor more than One hundred-thousand pesos (P100,000.00), or imprisonment of not less than one (1) month nor more than three (3) years at the discretion of the court.

42 SEC. 35.Implementing Rules and Regulations. — The Board, subject to the approval of the Commission, shall promulgate, adopt and issue rules and regulations, and the Code of Ethics and the Code of Technical Standards for Librarians which shall take effect fifteen (15) days following publication in the Official Gazette or newspaper of general circulation. SEC. 35.Implementing Rules and Regulations. — The Board, subject to the approval of the Commission, shall promulgate, adopt and issue rules and regulations, and the Code of Ethics and the Code of Technical Standards for Librarians which shall take effect fifteen (15) days following publication in the Official Gazette or newspaper of general circulation.

43 SEC. 38.Effectivity. — This Act shall take effect fifteen (15) days following its publication in the Official Gazette or a national newspaper of general circulation. SEC. 38.Effectivity. — This Act shall take effect fifteen (15) days following its publication in the Official Gazette or a national newspaper of general circulation.

44 CODE OF ETHICS FOR PHILIPPINE LIBRARIANS (Resolution No. 06, Series of 2006)

45 PREAMBLE § Librarians, mindful of their role in the development of knowledge and culture and the enrichment of people’s lives, seek the highest standards of ethical behavior in their relations with their schools, their clients/employers, the librarianship profession and colleagues, agencies and associations and the public.

46 1. Librarians with the State, Society and Public 1.1Librarians should uphold the Constitution, obey the laws of the land, and respect duly constituted authorities. 1.2 Librarians shall promote literacy and education of the public by making the resources and services of the library known and accessible to its users.

47 Librarians with the State, Society and Public 1.3Librarians shall uphold and promote the right to information as well as abide by the provisions of the intellectual property law. 1.4 Librarians shall be partners with the community they serve in inculcating nationalism practicing Filipino values and preserving the country’s historical, cultural, and intellectual heritage.

48 2. Librarians with Librarianship Profession 2.1Librarians shall uphold the dignity and integrity of the profession. 2.2Librarians shall keep their reputation above reproach and shall so conduct themselves to gain public esteem and respect for the library and for the profession.

49 Librarians with Librarianship Profession 2.3 Librarians shall not assist in the unauthorized practice of librarianship. 2.4 Librarians shall treat each other with respect, courtesy, and sincerity and shall avoid maligning the reputation, competence, and capability of their colleagues. They shall not use any unfair means to gain professional advancement.

50 Librarians with Librarianship Profession 2.5 Librarians shall strive to improve, enhance, and upgrade their professional knowledge, skills and competencies through formal and informal means.

51 Librarians with Librarianship Profession 2.6Librarians shall endeavor to uphold the highest standards in the practice of the profession. They shall adopt and live by this motto: C A N I – Constant and Never-ending Improvement of the quality and the standards of professional services.

52 Librarians with Librarianship Profession 2.7 Librarians shall adhere to the principles and equality of opportunity in their relationship with fellow workers especially their colleagues. 2.8Librarians shall maintain membership, participate and cooperate in the endeavors of library association/s to enhance the effectiveness of the profession.

53 Librarians with Librarianship Profession 2.9 Librarians shall participate and cooperate in all endeavors of library association/s to enhance the effectiveness of the profession. 2.10Librarians shall be vigilant in the protection of all library resources placed under their care.

54 Librarians with Librarianship Profession 2.11Librarians shall be entitled to a just and fair fee for consultancy and other professional services.

55 3. Librarians with the Supplier, Publishers, Dealers, etc. 3.1Librarians shall choose suppliers and publishers exclusively on the basis of the quality of goods, costs, and services. 3.2Librarians shall refuse all personal gratuities. 3.3 Librarians shall never enter into business transactions prejudicial to the library, but unwisely favorable to their own interest.

56 4. Librarians with the Clients and/or other Users if their Professional Service. 4.1Librarians shall provide courteous, prompt, adequate, skillful and accurate responses to all requests for assistance.

57 Librarians with the Clients and/or other Users if their Professional Service. 4.2Librarians shall keep in confidence, information acquired in the course of professional service. They shall protect the client’s right to privacy with respect to information sought or received and materials consulted, borrowed, or acquired through the library.

58 Librarians with the Clients and/or other Users if their Professional Service. 4.3 Librarians shall render impartial service to all library users regardless of their race, belief, age, gender, or social status.

59 Librarians with the Clients and/or other Users if their Professional Service. 4.4Librarians shall refuse gifts or favors from clients and library suppliers for personal interest. They shall avoid using the library’s resources to the detriment of services which the library renders to its users.

60 DISCIPLINARY ACTION A Registered Librarian who is found guilty for violation of any provision in this Code by the Board after his/her investigation shall be subject to a disciplinary action of either revocation of his/her Certificate of Registration or suspension thereof which the Board shall impose thereto after his/her due investigation.

61 IFLA - FAIFE International Federation of Library Associations – Freedom of Access to Information and Freedom of Expression

62 INTERNET ACCESS 1.IFLA encourages the international community to support the development of Internet accessibility worldwide, and especially in developing countries, to thus obtain the global benefits of information for all offered by the Internet. 2.IFLA encourages national governments to development a national information infrastructure which will deliver Internet access to all the nation’s population.

63 3.IFLA encourages all governments to support the unhindered flow of Internet accessible information via libraries and information services and to oppose any attempts to censor or inhibit access. 4.IFLA urges the library community and decision makers at national and local levels to develop strategies, policies, and plans that implement the principles expressed in this Manifesto.

64 5.Libraries and information services should respect the privacy of their users and recognize that the resources they use should remain confidential. 6.Libraries and information services should support the right of users to seek information of their choice.

65 7.Libraries and information services also have a responsibility to serve all of the members of their communities, regardless of age, race, nationality, religion, culture, political affiliation, physical or other disabilities, gender or sexual orientation, or any other status. 8.Librarians should provide the information and resources for library users to learn to use the Internet and electronic information efficiently and effectively.

66 9.They should proactively promote and facilitate responsible access to quality networked information for all their users, including children and young people. 10.In common with other core services, access to the Internet in libraries and information services should be without charge.


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