PRC Complaint to Revoke a Midwife’s License for Immorality or Misconduct (Philippine Context)

This article explains how complaints for “immorality,” “dishonorable/unprofessional conduct,” or related misconduct against licensed midwives are handled by the Professional Regulation Commission (PRC) and the Professional Regulatory Board of Midwifery (PRB–Midwifery) in the Philippines. It is for general information only and is not legal advice.

1) Legal Foundations

Professional Regulation Commission (PRC) – the national regulator of licensed professions. Its quasi-judicial authority over discipline is anchored mainly in the PRC Modernization Act (R.A. 8981) and the PRC’s rules on administrative investigations and discipline.
Philippine Midwifery Act (R.A. 7392) – defines the practice of midwifery, creates the PRB–Midwifery, and authorizes discipline (e.g., suspension or revocation of a certificate of registration and professional ID) for grounds that typically include:
- Immoral or dishonorable conduct;
- Unprofessional conduct or serious misconduct;
- Gross negligence or malpractice/incompetence;
- Fraud or deceit in obtaining a license;
- Conviction of a crime involving moral turpitude;
- Violation of the law/regulations/Code of Ethics for midwives.
Code of Ethics/Standards for Midwives – promulgated by the PRB–Midwifery and enforced by the PRC; breaches often translate to “unprofessional” or “dishonorable” conduct.
Administrative Law Baselines – PRC cases are administrative, not criminal: (a) Standard of proof = substantial evidence (relevant evidence that a reasonable mind might accept); (b) Technical rules of evidence are relaxed, but due process must be observed.

2) What Counts as “Immorality” or “Misconduct” in the PRC Setting?

While every case turns on its facts, Philippine administrative jurisprudence commonly treats as grossly immoral or dishonorable any willful, flagrant, or shameless conduct showing moral indifference to the community’s standards—especially when it impacts the professional–patient relationship or the dignity of the profession. In midwifery, allegations may include:

Sexual exploitation, harassment, or inappropriate relations with a patient or a patient’s partner/caregiver.
Assisting or performing acts beyond legal scope (e.g., handling high-risk deliveries without proper referral/supervision; unauthorized procedures; unsafe or clandestine practices).
Facilitating or participating in illegal acts (e.g., falsification of records such as birth certificates or partographs; the use or sale of unregistered medicines/supplies; kickback schemes).
Gross negligence/malpractice (e.g., abandonment in active labor, ignoring danger signs, failure to refer promptly, tampering with medical records to conceal errors).
Serious breach of confidentiality of patient information, especially for sensitive reproductive health matters.
Conduct bringing the profession into disrepute (e.g., using a birthing facility for non-medical, illicit purposes; repeated intoxication on duty).

Important: “Immorality” in PRC discipline is not limited to private consensual behavior. The focus is whether the conduct impairs fitness to practice or violates professional standards, especially when patients’ rights and safety are affected.

3) Who May File, and Where?

Who: Any person with personal knowledge (the patient, a relative, another health worker, employer, DOH/PhilHealth, LGU, or the PRB–Midwifery motu proprio) may file.
Where:
- PRC Legal and Investigation Office (LIO) at the Central Office; or
- PRC Regional Office (Regulation/Legal Unit) where the respondent practices or where the acts occurred.
- Complaints may also be endorsed by hospitals/birthing homes, the DOH (re facility licensing issues), or PhilHealth (re accreditation fraud), but PRC has the licensing jurisdiction over the person of the midwife.

4) What to File: Minimum Contents & Attachments

File a verified (sworn) complaint with enough detail for the PRC to identify the acts and the rules breached. Typical contents:

Title/Caption (Complainant vs. Respondent Midwife, with PRC License No.).
Parties’ details and service addresses.
Narrative of material facts in chronological order (place, date, incident, people involved).
Specific charges (e.g., “Immoral or dishonorable conduct,” “Unprofessional conduct,” “Gross negligence,” “Violation of the Code of Ethics,” etc.).
Prayer/Relief sought (e.g., revocation or suspension of license, fine, reprimand, and other just relief).
Verification and jurat (sworn before a notary public or authorized officer).

Typical supporting evidence:

Affidavits of the complainant and witnesses (under oath).
Medical/clinical documents (prenatal notes, partograph, referral forms, discharge summaries).
Facility/DOH/PhilHealth records (inspection reports, accreditation papers).
Copies of communications (texts/chats/emails), CCTV, photos, audio/video (with authentication), and receipts.
Proof of damage or harm (if relevant), including infant/maternal outcomes.
If claiming criminal overlap (e.g., falsification), attach police or prosecutor documents, if available.

Data Privacy: Redact sensitive personal information of patients/infants when filing public copies. The PRC will keep medical records confidential consistent with the Data Privacy Act.

5) The PRC Procedure at a Glance

Docketing & Evaluation. LIO or the Regional Office reviews if the complaint is sufficient in form and substance and within PRC jurisdiction.
Issuance of Summons/Order to Answer. The respondent receives the complaint and is directed to file an Answer within the period stated in the summons (commonly around 10–15 calendar days).
Conferences/Submission of Position Papers. The investigating officer or PRB–Midwifery may call a preliminary/clarificatory conference to simplify issues, mark exhibits, and set position paper deadlines.
Reception of Evidence. Because this is administrative, affidavits + documentary evidence generally suffice. Cross-examination may be allowed where credibility is pivotal.
Board Deliberation & Decision. The PRB–Midwifery resolves the case and recommends the penalty; the PRC issues the Decision/Resolution.
Motions & Appeals.
- Motion for Reconsideration (MR): Typically within 15 days from receipt of the decision.
- Judicial Review: An adverse final PRC decision may be appealed to the Court of Appeals via Rule 43 of the Rules of Court (within 15 days from notice of the denial of MR or the decision if no MR), and thereafter to the Supreme Court on pure questions of law (Rule 45).

Standard of Proof: The PRC decides on substantial evidence, not “beyond reasonable doubt.” Parallel criminal/civil cases: Independently proceed. An acquittal in a criminal case does not automatically exonerate administratively.

6) Possible Penalties

Depending on gravity, presence of aggravating/mitigating circumstances, prior infractions, harm caused, intent, and deterrence:

Admonition or Reprimand;
Administrative Fine;
Suspension of the certificate of registration/professional ID for a definite period;
Revocation of the certificate of registration and cancellation of the professional ID;
Disqualification from reissuance for a period set in the decision; and
Ancillary directives (e.g., ethics training, proof of rehabilitation).

Reinstatement/Reissuance: After a period and for meritorious reasons (e.g., rehabilitation, remorse, further training), the Board may recommend reissuance subject to PRC rules and conditions.

7) Substantive Theories & Typical Case Themes

A. “Immoral or Dishonorable Conduct”

Core test: Conduct so grossly immoral or shameless that it shows indifference to professional ethics and society’s standards and undermines fitness to practice (especially where a power imbalance or patient vulnerability exists).
Examples: sexual advances toward a patient; quid-pro-quo favors in exchange for care; chronic intoxication on duty; public acts causing scandal that spill into professional practice (e.g., at the clinic).

B. “Unprofessional/Serious Misconduct”

Core test: Intentional or willful transgression of established rules or standards in the practice of midwifery.
Examples: conducting deliveries one is not competent or authorized to handle; failure to refer high-risk patients; tampering with records; misrepresentation of outcomes; breach of confidentiality.

C. “Gross Negligence/Malpractice”

Core test: Want of even slight care in performing duties that results in, or exposes patients to, harm.
Examples: ignoring preeclampsia signs; leaving a laboring woman unattended; not ensuring sterile technique; dispensing prescription-only drugs without authority.

8) Defenses Available to a Respondent Midwife

Due Process Violations: lack of notice, unclear charges, inability to confront or rebut evidence.
Lack of Jurisdiction: conduct outside scope/time; wrong forum.
Insufficiency of Evidence: attacks on credibility, hearsay weaknesses, lack of authentication, absence of expert linkage between act and harm.
Good-faith Compliance/Adherence to Protocol: documented triage, timely referral, informed consent, adherence to facility and DOH policies.
No Nexus to Professional Fitness: private conduct that, though disapproved socially, does not impair professional duties or violate the Code of Ethics.
Mitigation: first offense, remorse, corrective training, strong practice record.

9) Interaction with Other Regulators and Proceedings

Department of Health (DOH): birthing home licensing; serious findings can trigger facility sanctions or referrals to PRC.
PhilHealth: if claims are implicated (e.g., false claims), accreditation issues may arise.
LGUs/Employers: administrative HR actions can be separate from PRC discipline.
Criminal & Civil: falsification, illegal practice, physical injuries, or reckless imprudence may be pursued alongside the PRC case.

10) Practical Filing Roadmap (Complainants)

Secure records quickly: medical notes, referral slips, messaging logs, CCTV, receipts; have them properly certified where possible.
Affidavits: detailed, chronological, signed and notarized; attach documentary proof and identify witnesses.
Draft a verified complaint stating the specific grounds (immorality/dishonorable conduct, unprofessional conduct, etc.) and how the acts violate the Midwifery Act/Code of Ethics.
File at PRC (Central or Regional). Keep stamped copies; record the docket number.
Cooperate in conferences; submit position papers and evidence on time.
Prepare for appeal timelines if needed.

Evidence tips:

Preserve original devices for digital evidence; export metadata where feasible.
For minors or sensitive cases, pseudonymize names in public copies; PRC can access unredacted versions when necessary.

11) Practical Defense Roadmap (Respondents)

Engage counsel early. Calendar all deadlines from the summons.
Answer with specific denials and affirmative defenses; attach supporting evidence (policies followed, partograph entries, referral notes).
Counter-evidence: authenticate messages; request to cross-examine where credibility is central.
Mitigation: continuing professional development (CPD), remedial training, counseling, ethics courses, supervision changes.
Avoid retaliatory contact with complainants/witnesses; channel all communications through counsel.

12) Penalty Calibration: Factors Often Considered

Gravity and nature of the act (exploitation vs. negligence vs. record fraud);
Actual harm or risk (maternal/infant outcomes);
Intent (willful vs. negligent);
Recurrence or pattern of behavior;
Acceptance of responsibility and rehabilitation steps;
Impact on public trust in midwifery.

13) Frequently Asked Questions

Is an affair by itself “immorality” for PRC discipline? Not automatically. The decisive question is whether the conduct is gross and whether it impairs professional fitness or violates the Code of Ethics—e.g., when it involves a patient, exploitation, or abuse of position.

If there is a criminal case, should I wait to file at PRC? No. Administrative, civil, and criminal cases are independent. You may file at PRC even while other cases are pending.

What proof level is needed? Substantial evidence, not proof beyond reasonable doubt. But coherent, well-documented evidence (affidavits + records) is still crucial.

Can a revoked license be reinstated? Possibly, after a period and on meritorious showing (rehabilitation, compliance, fitness to practice), per PRC/Board rules.

14) Model Filing Templates (Editable)

A. Verified Complaint (Outline)

Title: Juan Dela Cruz, Complainant versus [Name], Registered Midwife, PRC Lic. No. [______], Respondent

1. Parties. (Names, addresses) 2. Jurisdiction. (PRC authority; respondent is a licensed midwife; acts occurred in [place]) 3. Material Facts. (Chronology, with dates/places, attach exhibits) 4. Causes of Action. (Immoral/dishonorable conduct; unprofessional conduct; violation of Code of Ethics; etc.) 5. Prayer. (Revocation/suspension, fine, reprimand, other just relief) Verification & Jurat. (Signed and sworn before a notary public)

B. Affidavit (Witness/Complainant)

I, [Name], of legal age… attest: (1) personal knowledge; (2) detailed narrative; (3) identification and authentication of attached exhibits [A, B, C]… SIGNED and SWORN this [date] at [place].

15) Ethical Core for Midwifery Practice

Respect for patient autonomy and dignity;
Beneficence & Non-maleficence: act in patients’ best interests; do no harm;
Justice: nondiscrimination;
Confidentiality & Privacy: strict protection of patient data;
Professional competence: practice within scope; timely referral; continuous learning.

Breaches touching these principles—especially where power imbalance and reproductive vulnerabilities are present—are the heartland of PRC discipline for immorality or misconduct.

Final Note

Disciplinary cases are fact-intensive. If you are preparing to file or to defend one, consult counsel experienced in PRC administrative practice and gather clear, well-organized evidence early.