this can work for now. however, these non-librarians practicing the art and
science of library and information science SHOULD be given a condition that
at some period of time, they MUST have earned their license.

to amplify, an employer of a non-licensed librarian may sit down with
him/her to discuss plans and actions on how he/she can take MA classes in
library and info science for, say, two years. after that, a year to earn a
license. this can be an agreement between the employer and the non-licensed
librarian. it would be good if this is put in writing -- a black and white
document that serves as a contract as well. if the non-licensed librarian
fail to do so, then the employer can do its part to hire a licensed
librarian or follow what policy it has for such cases.

just my two-cents worth.

this situation may happen in private institutions but i do not know how
things are in government practice.


On Wed, Feb 3, 2010 at 1:34 PM, Vhic Gilos <[email protected]> wrote:

> Fellow Librarians,
>
>      Just a thought...  While contemplating on RA 9246 and at the same time
> preparing for CICT iSchool roll-out wherein I will be teaching
> non-librarians acting as librarians in public secondary schools the ways of
> a librarian,  a thought occurred to me that instead of discouraging, I will
> be encouraging them to continue acting as librarians even if it is against
> the law. The same way that other SUC librarians did in their localities.
>
>      If you disagree with me, I'd like to hear your point of views
> regarding the help I will be extending to teachers acting as librarians.
> Thank you.
>
>
>
>
>
>
> On Tue, Feb 2, 2010 at 11:18 PM, vonjobi <[email protected]> wrote:
>
>> A discussion on the violation of certain provisions of Republic Act No.
>> 9246 <http://www.lawphil.net/statutes/repacts/ra2004/ra_9246_2004.html>(or 
>> R.A. 9246), specifically the continued employment of unlicensed
>> librarians in the Philippines, is now on its third week at the Filipino
>> Librarians Googlegroup 
>> (1<http://groups.google.com/group/filipinolibrarians/browse_thread/thread/1eee0da33ce3f04b?hl=en#>
>> 2<http://groups.google.com/group/filipinolibrarians/browse_thread/thread/219a6818b4d690b7?hl=en#>
>> 3<http://groups.google.com/group/filipinolibrarians/browse_thread/thread/c28e2a44415af4db?hl=en#>
>> 4<http://groups.google.com/group/filipinolibrarians/browse_thread/thread/d7e5845c12850376?hl=en#>).
>> Some have suggested that there are certain situations where violating the
>> law is justified, but the appointment of non-librarians to head a library,
>> despite the presence of qualified, licensed librarians, is indefensible. And
>> then there are the unlicensed librarians who have been "OICs," supposedly a
>> temporary designation, for almost two decades.
>>
>> It is not clear, however, whether those who have been suggested as the
>> individuals or groups who can do something about the concerns raised are
>> reading these emails. But it is also important to remember that it is not
>> just somebody else's responsibility to make sure the law is followed; it is
>> also our responsibility. Why do I say this? Zarah 
>> Gagatiga<http://lovealibrarian.blogspot.com/2010/01/filipino-librarians-license-and.html>has
>>  already pointed out that, "The librarian MUST have a license. The
>> employer MUST hire a licensed librarian." But what if they DON'T? Do we just
>> wait for the powers-that-be to put things right? Below are the relevant
>> sections of R.A. 9246 and my comments, followed by suggestions on what
>> licensed librarians can do to uphold the law:
>>
>> SECTION 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.
>>
>> The "person" referred to in Section 26 is, in essence, someone who is
>> working as a librarian illegally. Note, too, that there are no exceptions
>> granted for certain kinds of librarians (e.g., special librarians). Everyone
>> working as a librarian in the Philippines is covered by this law. The only
>> exceptions, I suppose, are those whose employers are not covered by
>> Philippine laws, like some international agencies.
>>
>> SECTION 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.
>>
>> The emphasis in Section 31 on government libraries does not imply that
>> the law applies only to librarians working for the government. All this is
>> means is that the government, as the single, largest employer of librarians,
>> was singled out for special attention.
>>
>> SECTION 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 that Thirty 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.
>>
>> The most important phrase here is, to me, "upon conviction." Thus, a case
>> has to be filed against the librarian. But I do wonder why the employergoes 
>> unpunished. Shouldn't the employer be liable as well? Note, however,
>> that Section 32 is one of the sections that clearly shows that those who
>> drafted R.A. 9246 were not as careful as they should have been. What exactly
>> did they mean by "not less that Thirty thousand pesos (P100,000.00)"?
>>
>> There are, of course, certain realities that must be acknowledged, such as
>> the fact that no one is really enforcing the law. Academic and school
>> librarians are in a better position because accrediting agencies mark down
>> universities and schools for non-compliance with the law, but all other
>> kinds of libraries, including the public libraries funded by local
>> governments, can ignore R.A. 9246 if they so desire. Have cases been filed
>> against unlicensed librarians? Have any been convicted? If so, please let me
>> know.
>>
>> The following are my suggestions for those who wish to see R.A. 9246
>> implemented properly:
>>
>>    1. Verify whether someone working as a librarian is licensed or
>>    unlicensed. The Board for Librarians, the National Library, the Civil
>>    Service Commission, and the Philippine Librarians Association are supposed
>>    to have "up-to-date, complete and properly organized" lists of all 
>> licensed
>>    librarians in the Philippines.
>>    2. Write a letter to the person, with copies to the person's employer,
>>    the Board for Librarians and the Philippine Librarians Association (and, 
>> if
>>    applicable, the National Library and/or the Civil Service Commission),
>>    indicating all the pertinent details and exactly how the provisions of 
>> R.A.
>>    9246 have been violated, pointing out that the person's continued 
>> employment
>>    is punishable by law. Make sure you keep copies of all correspondence, and
>>    ask recipients to sign for any letters you give them.
>>    3. If your letters are ignored or you are discriminated against or
>>    fired (because the person was your boss, for instance), file a case 
>> against
>>    the person at all appropriate agencies.
>>    4. If filing a case, or even writing letters to the person or agencies
>>    concerned, is not an option, send letters to local and national newspapers
>>    laying out how the law is being violated. While this may be done
>>    anonymously, it is perhaps best that you identify yourself.
>>
>> All these are, of course, easier said than done. But all we really need is
>> one, high-profile case, preferably involving a well-known employer, that can
>> then be used to show others who are violating the law that librarians are
>> serious about policing their ranks.
>>
>>
>>
>> --
>> Posted By vonjobi to Filipino 
>> Librarian<http://filipinolibrarian.blogspot.com/2010/02/unlicensed-librarians-and-ra-9246.html>at
>>  2/02/2010 10:07:00 AM
>>
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