The document discusses the policies and regulations regarding real estate service practitioners (RESP) in the Philippines. It outlines two major policies: 1) promoting the role of RESP in economic development and 2) enhancing government revenues from real estate transactions. It then defines what a RESP is and the different types of RESP. It also discusses the composition and powers of the Professional Regulatory Board for Real Estate Service.
The document discusses the policies and regulations regarding real estate service practitioners (RESP) in the Philippines. It outlines two major policies: 1) promoting the role of RESP in economic development and 2) enhancing government revenues from real estate transactions. It then defines what a RESP is and the different types of RESP. It also discusses the composition and powers of the Professional Regulatory Board for Real Estate Service.
The document discusses the policies and regulations regarding real estate service practitioners (RESP) in the Philippines. It outlines two major policies: 1) promoting the role of RESP in economic development and 2) enhancing government revenues from real estate transactions. It then defines what a RESP is and the different types of RESP. It also discusses the composition and powers of the Professional Regulatory Board for Real Estate Service.
The document discusses the policies and regulations regarding real estate service practitioners (RESP) in the Philippines. It outlines two major policies: 1) promoting the role of RESP in economic development and 2) enhancing government revenues from real estate transactions. It then defines what a RESP is and the different types of RESP. It also discusses the composition and powers of the Professional Regulatory Board for Real Estate Service.
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2 Major Policies:
a) vital role of real estate practitioner in social,
political, economic development and progress of the country by promoting the real estate market, stimulating economic activity, and b) enhancing government income from real property based-property transactions. Develop and nurture through proper and effective regulation and supervision a corps of technically competent, responsible and respected professional real estate practitioners whose standards of practice and service shall be (a) globally competitive, and (b) will promote the growth of the real estate industry. enhancement of government revenues from real property-based transaction
to improve the valuation of real property through
proper valuation by the assessors of real property for real property taxation purposes. Who are real estate service practitioners or RESP? is a duly registered and licensed natural person, for a professional fee, compensation or other valuable consideration, offers or renders professional advice and judgment on: (i) the acquisition, enhancement, preservation, utilization or disposition of lands or improvements thereon; and (ii) the conception, planning, management and development of real estate projects. Is a duly registered and licensed natural person who, for professional fee, compensation or other valuable consideration, performs or renders, or offers to perform services in estimating and arriving at an opinion of or acts as an expert on real estate values, such services of which shall finally be rendered by the preparation of the report in acceptable written form. Is a duly registered and licensed natural person who works in a local government unit and performs appraisal and assessment of real properties including plants, equipment, and machineries, essentially for taxation purpose. A duly registered and licensed person who, for a professional fee, commission or other valuable consideration, acts as an agent of a party in real estate transaction to offer, advertise, solicit, list, promote, mediate, negotiate or effect the meeting of the minds on the sale, purchase, exchange, mortgage, lease or joint venture, or other similar transactions on real estate or any interest therein. A duly accredited natural person who perform service for, and in behalf of, a real estate broker who is registered and licensed by the Professional Regulatory Board of Real Estate Service for or in expectation of a share in the commission, professional fee, compensation or other valuable consideration. A profession is a vocation founded upon specialized educational training, the purpose of which is to supply disinterested counsel and service to others, for a direct and definite compensation, wholly apart from expectation of other business gain. Note: The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law. (Sec 14, Art. II of 1987 Phil. Constitution) Natural person Registration License Professional fee, commission or other valuable consideration Defined scope of work They perform highly technical and specialized functions as property appraisers for national government agencies and local assessors in local government units There is a need to professionalize the assessors, their function being vital in the valuation of real property for real property taxation and eventually income to the government. The assessor is an LGU official while other RESP are in the private sector; The assessor is actually a position and not a profession per se; The assessor is compensated in the form of salary and benefits as an employee of LGU unlike other RESP who are paid professional fee, commission, compensation or other valuable consideration License attached to the position; Only those qualified to be an assessor may be registered and licensed as real estate assessor The moment he/she is transferred, promoted or moved to another position in the LGU he can no longer be referred to as REA Under the supervision and administrative control of the Profession Regulation Commission or PRC Composed of 1 chairperson and 4 members appointed by the President from 3 recommendees chosen by the PRC from a list of 5 nominees per position submit by the integrated professional organization of RESP 2 members of the Board shall represent the government assessors and appraisers a)Provide comprehensive policy guidelines for the promotion and development of RE in relation to the practice of RESP; b) Conduct licensure examinations for the practice of the RES profession and prescribe the appropriate syllabi of the subjects for examination with their tables of specifications; c) Issue, suspend, revoke or reinstate, after due notice and hearing, certificates of registration or professional identification cards for the practice of RES; d) Maintain a comprehensive and updated register of licensed RES professionals; e) Monitor the conditions affecting the practice of RES and adopt such measures as may be proper for the enhancement of the profession and/or the maintenance of high professional, ethical and technical standards; f) Adopt a national Code of Ethics and Responsibilities issued by the AIPO to be strictly observe by all licensed RESP; g) Hear or investigate any violation of R.A. No. 9646, the IRR and the Code of Ethics and Responsibilities for RESP and issue subpoena duces tecum and subpoena ad testificandum to secure the appearance of witnesses and the production of documents in connection therewith; h) Safeguard and protect legitimate and licensed RESP and, in coordination with the accredited AIPO of RESP, monitor all forms of advertisements, announcements, signboards, bill boards, pamphlets, brochures and other similar nature concerning real estate and, when necessary, exercise its quasi-judicial and administrative powers to finally and completely eradicate the pernicious practice of unauthorized or unlicensed individuals; i) Prescribe, in cooperation with the CHED or concerned state university or college, the essential requirements as to the curricula and facilities of schools, colleges or universities seeking permission to open academic courses or already offering such courses in RES, and to see to it that these requirements, including the employment of qualified faculty members, are properly complied with; j) Promulgate, administer and enforce rules and regulations necessary in carrying out the provisions of RA No. 9646; k) Supervise and regulate the registration, licensure and practice of RES in the Philippines; l) Assess and fix the rate of reasonable regulatory fees; m) Administer oaths and affirmation n) Adopt the official seal of the Board with the interpretation of its symbols attached to this Resolution and made integral part thereof as Annex A; o) Evaluate periodically the status of RES education and profession, and recommend and/or adopt measures to upgrade and maintain its high standard; p) Prescribe guidelines and criteria for the Continuing Professional Education (CPE) program for RESP in consultation with the accredited and AIPO of RESP q) Screen, issue and monitor permits to organizations of real estate professionals in the conduct of seminars and accredit such seminars pursuant to the CPE program, as well as the instructors or lecturers therein, for the purpose of upgrading the quality and knowledge of the profession; r) Monitor and supervise the activities of the AIPO and other associations of RESP; and s) Discharge such other powers, duties and functions as the Commission may deem necessary to carry out the provisions of R.A. No. 9646. Citizen and resident of the Philippines Holder of a bachelors degree related to RE; Active licensed practitioner of RES for at least 10 years prior to his/her appointment; Bona fide member in good standing of AIPO for RESP but not an officer or trustee at the time of his/her appointment; Neither be a member of the faculty of an institute, school, college or university nor have any pecuniary interest, direct or indirect, in any institution or association where review classes or lectures in preparation for the licensure examination are being offered and conducted; and Of good moral character, and must not have been convicted by final judgment by a competent court of a 3 years for chairperson and members of the Board from date of their appointment until their successors shall have been appointed; Provided, first appointed members 1 member as chairperson, to serve for 3 years; 2 members, to serve 2 years; and 2 members, to serve for 1 year. May be reappointed for a second term but in no case shall he/she serve more than 6 years. Any vacancy in the Board shall be filled for the unexpired portion of the term of the member who vacated the position. Upon recommendation of the Commission and after due notice and hearing, the President may suspend or remove the chairperson or any member of the board, on the following grounds:
1. Neglect of duty; 6. Immoral or dishonorable
conduct 2. Abuse of power 7. Commission or toleration of 3. Oppression; irregularities in the conduct of 4. Incompetence; examination or tampering of 5. Unprofessional/ grades unethical conduct 8. For any final judgment or conviction of any criminal offense LICENSURE EXAMINATION AND REGISTRATION Every applicant seeking to be registered and licensed as a RESP, except RE Salesperson, shall undergo an examination to be given by the Board in such places and dates as the PRC may designate in the Master Schedules of Board of Licensure Examinations for Professionals for the year issued by PRC. For real estate consultants
For real estate appraisers
For real estate brokers
a) A citizen of the Philippines b) A holder of a relevant bachelors degree from a state university or college, etc. duly recognized by the CHED; Provided, That he/she has completed at least 120 credit units of real estate subjects and training from accredited service providers, as may be determined by the Board; c) Of good moral character and must not have been convicted of any crime involving moral turpitude; d) An applicant for the licensure for RE consultant much show proof he/she has at least 10 years experience as licensed RE broker, or an assessor, or as a bank, or institutional appraiser, or an employed person performing real property valuation, or at least 5 years experience as a licensed RE appraiser. 1) Original and photocopy of Birth Certificate or valid Philippine passport, or any other proof of citizenship; 2) Original and photocopy of TOR and/or diploma with scanned picture; 3. Original and photocopy of notarized certification by his/her employer of his/her years of experience or pre-requisite Certificate of Registration (CoR) and/or Professional Identification Card (PIC) or DTI license (for RE consultant); 4. Original and photocopy of NBI clearance; 5. Original and photocopy of duly notarized accredited seminar and/or training certificate; 6) Community tax certificate, 7) 4 colored passport size pictures with white background and complete nametag and other documents in accordance with the requirements set by the Commission. Passing average: 75% in all subject, with no rating below 50% in any subject.
Release of Results: in 10 days from the
last day of examination to be published in newspaper and PRC website. A certificate of registration (COR) shall be issued to examinees who pass the licensure examination for RESP, subject to payment of fees; The COR shall bear the signature of the chairperson of the Commission and the chairperson and members of the Board It shall remain in full force and effect until revoked or suspended in accordance to RA No. 9646 The Board shall not register and issue COR to successful examinee who has been convicted by a court of competent jurisdiction of any criminal offense involving moral turpitude or has been found guilty of immoral or dishonorable conduct after investigation by the Board, or has been found out to be psychologically unfit; The Board may, after giving proper notice and hearing to the party concerned, revoke the COR and the professional ID card, or cancel the temporary permit of a RESP, or suspend him/her from the practice of the profession - a) Procurement of COR and/or ID card or temporary permit by fraud or deceit; b) Allowing unqualified person to advertise or practice the profession by using ones COR or ID or special/temporary permit; c) Unprofessional or unethical conduct; d) Malpractice or violation of the provisions of RA No. 9646, the IRR, and the Code of Ethics; e) Engaging in the practice of the profession during the period of ones suspension. (a) Those whose, on the effectivity of R.A. No. 9646 or as of 30 July 2009, are already licensed as RE brokers, RE appraisers or RE consultants by the DTI by virtue of MO # 39; Provided, that they are in active practice as RE brokers, RE appraisers or RE consultants, and that they have undertaken relevant CPE or CEP to the satisfaction of the Board. 1. Any holder of a valid DTI license who has earned 15 CEP or CPE credit units; 2. Those who had failed to renew their DTI License prior to 30 July 2009 but have earned 24 CEP credit units from accredited providers as per MO # 39 or CPE credit units from CPE Council Accredited Provided from 2007 to July 30, 2011; 3. Those who had passed 2008 & 2009 licensure examination given by the DTI but who had failed to obtain their license upon the effectivity of RA No. 9646 and who have earned 15 CEP or CPE credit units; 4. Those who had passed the 2007 licensure examinations given by DTI but who had failed to obtain their license upon the effectivity of RA No. 9646 and who have earned 18 CEP or CPE credit units; 5. Those who had passed the DTI licensure examinations in 2006 and prior years but who had failed to obtain their license upon the effectivity of RA No. 9646 and who have earned 120 CEP or CPE credit units. Provided, finally, those who fail to comply with the necessary CPE requirements within 2 years on or before 30 July 2011, shall be required to take the Board Licensure examination for RESP. (b) Assessors and appraisers who, as of 30 July 2009, hold permanent appointments and are performing actual appraisal and assessment functions for the last 5 years, have passed the Real Property Assessment Officer (RPAO) examination conducted by the CSC in coordination with the DFA and have undertaken relevant CPE to the satisfaction of the Board; and (c) Assessors and appraisers who, as of 30 July 2009, hold permanent appointments and have at least 10 years actual experience in real property appraisal or assessment and have completed at least 120 hours of accredited training on real property appraisal conducted by national or international appraisal organizations (etc), duly certified by the DOF or any pertinent NGA or GOCC as the case may be, recognized by the Board and have undertaken relevant CPE credit units to the satisfaction of the Board. Those falling under categories (b) and (c) shall register with the Board after they shall have competed 24 CPE units. Provided, that those seeking to be license to a new credential level shall be required to take pertinent Board examination for RESP. Those se exempt under said categories shall file their application within 2 years from 30 July 2009 or until 30 July 211. Provided, that the renewal of the professional ID card is subject to the provisions of Section 17, Art. III of RA No. 9646. 1. Certificate of Live Birth Certificate or Philippine Passport, or any other proof of citizenship; 2. COR and/or PIC or DTI License; 3. DTI certification of rating for those who passed the examination but failed to obtain their license; 4. NBI clearance; 5. Duly notarized CPE/CEP certification; 6. CSC certification, DOF, or any other NGA or GOCC certification or certification of accredited seminar/training provider; 7. Appointment papers and service records to prove appraisal or assessment experience for assessors or government appraisers; 8. Marriage Certificate or Marriage Contract; 9. 4 passport size colored photos with complete nametags in white background, original community tax and surety bond After the expiration of 2 years from date of revocation of COR and/or PIC and upon compliance with the required CPE units, and for reasons deemed proper and sufficient, reinstate any revoked COR and reissue suspended PIC and in so doing, may, in its discretion, exempt the applicant from taking another examination; The Board shall issue a resolution subject to the approval of the Commission; A new COR, PIC or S/T Permit may be issued to replace lost, destroyed or mutilated ones, subject to the rules as may be promulgated by the Board and Commission, upon payment of the required fees The Board, in coordination with the AIPO of RESP, shall prepare, update and maintain a roster of RESP which shall contain the names of all registered RESP, their residence and office address, license numbers, dates of registration or issuance of certificates and other data which the Board may deem pertinent. Upon application and payment of the required fees and subject to the approval of the Commission, the Board may issue special/temporary permit to RESP from foreign countries whose services are urgently needed in the absence of unavailibility of local RESP for the purpose of promoting or enhancing the practice of the profession in the Philippines. No foreign RESP shall be admitted to the licensure examination, be given a COR or PIC, be issued a Special/Temporary Permit, or be entitled to any of the privileges under RA No. 9646 and the IRR unless the country of which he/she is a citizen of specifically allows Filipino RESP to practice within its territorial limits on the same basis as the citizens of such foreign country. PRACTICE OF REAL ESTATE SERVICE All successful examinees qualified for registration, all qualified applicants for registration without examination and accredited sales persons shall be required to take an oath before -any member of the Board -any duly authorized officer of the Commission to administer oath prior to entering into the practice of RES in the Philippines. All RE Broker and private RE Appraiser shall, in addition to the oath referred to in the preceding section, be required to post a professional indemnity insurance, cash or surety bond, in the amount to be determined by the Board, which in no case shall be less than P20,000.00, without prejudice to the additional requirement of the client. It will be renewable every 3 years. Any single act or transaction embraced with the provisions of Section 3(g), Rule I hereof, as performed by RESP, shall constitute an act of engaging in the practice of RES. The provisions of R.A. No. 9646 and the IRR shall not apply to the ff: (a) Landowners (nat/jur) who shall directly perform the acts mentioned in Sec. 3(g) with reference to his/her or its own property, except for real estate developers who are regulated and registered with the HLURB; (b) Receiver, trustee or assignee in bankruptcy or insolvency proceedings; (c) Any person acting pursuant to the order of the court of justice; (d) Any person who is directly constituted attorney-in-fact for purposes of sale, mortgage, lease or exchange, or other similar contracts of real estate, without requiring any form of compensation or renumeration; and (e) Public Officers in the performance of their official duties and functions, except government assessors or appraisers. Any person who shall - Pratice or offer to practice real estate service in the Philippines Offer himself as RESP
Use title, word, letter, figure or any sign tending to convey
the impression one is a RESP Advertise or indicate in any manner whatsoever that one is qualified to practice the profession Be appointed as real property appraiser or assessor in any national government entity or LGU, Unless he/she has satisfactorily passed the licensure examination given by the Board, except as otherwise provided in RA No. 9646 and the IRR, is a holder of COR, PIC or valid S/T Permit duly issued to him by the Board and the Commission; and, in the case of RE Broker and private appraisers, the have paid the required bond. In 3 years from 30 July 2009, all existing and new positions in the national and local governments, whether career, permanent, temporary or contractual, primarily requiring the services of an RESP, shall be filled only by registered and licensed RESP. All incumbent assessors holding permanent appointments shall continue to perform their functions without need for reappointment and without diminution of status, rank and salary grade, and shall enjoy security of tenure. However, they may not be promoted to a higher position as herein prescribed. Nothing in RA No. 9646 and the IRR shall be construed to reduce any benefit, interest, or right enjoyed by the incumbents at the time of the enactment of RA No. 9646. The appointing authority shall exercise his power to appoint in accordance with the provisions of R.A. No. 9646 and the IRR only when a vacancy occur. For real estate salespersons, no examination shall be given, but they shall be accredited by the Board, provided they have completed at least 2 years of college and have undergone training seminars of at least 12 credit units in real estate brokerage. Those RE salesperson who are registered with the DTI/HLURB or other salespersons who are in the active practice for at least 3 years, prior to the effectivity of RA No. 9646 may also be accredited by the Board until 30 July 2011. Provided, further, that in both cases, such RE salesperson must have undergone 120 training ours in real estate brokerage, and have submitted original original Birth Certificate, NBI clearance, certificate of educational attainment or its equivalent, notarized certificate of training or seminar and notarized certificate of their supervising licensed brokers, as may be required by the Board. Real estate salespersons shall be under the direct supervision and accountability of a real estate broker. As such, they cannot by themselves be signatories to a written agreement involving a real estate transaction unless the real estate broker who has direct supervision and accountability over them is also a signatory thereto. No RE salesperson, either directly or indirectly, can negotiate, mediate or transact any real estate transaction for and in behalf of a real estate broker without first securing an authorized accreditation as RE salesperson for the RE broker, as prescribed by the Board. A RE broker shall be guilty of violating RA No. 9646 or the IRR for employing or utilizing the services of RE salesperson when he/she has not secure the required accreditation from the Board priod to such employment. No salesperson shall be entitled to receive or demand a fee, commission or compensation or any kind from any person, other than the duly licensed real estate broker who has direct control and supervision over him, for any service rendered or work done by such salesperson in any real estate transaction. No violation of this provision shall be a cause for revocation or suspension of the COR of the RE broker unless there was actual knowledge of such violation or the broker retains the benefits, profits or proceeds of a transaction wrongfully negotiated by the (a) No partnership or corporation shall engage in the business of RES unless it is duly registered with SEC, and the persons authorized to act for the partnership or corporation are all duly registered and licensed RE broker, appraiser or consultants, as the case may be. The partnership or corporation shall regularly submit a list of its real estate service practitioners to the Commission and to the SEC as part of its reportorial requirements. There shall at least be one licensed RE broker for every 20 accredited sales persons. (b) Divisions or departments of partnerships and corporations engaged in marketing or selling of any RE project in the regular course of business must be headed by full-time registered and licensed RE broker; (c) Branch offices of RE brokers, appraisers or consultants must be manned by a duly licensed RE broker, appraiser or consultant as the case may be. In case of resignation or termination from employment of a RESP, the same shall be reported by the employer to the Board within a period not to exceed 15 days from date of effectivity of resignation or termination. Every registered and license RESP shall establish and maintain a principal place of business and such other branch as may be necessary, and shall conspicuously display therein the original and/or certified true copies of his/her COR and PIC as well as the COR and PIC of all RESP employed in such office. All RES associations shall be integrated into 1 national organization, which shall be recognized by the Board, subject to the approval of the Commission, as the only AIPO or RESP pursuant to PRC Res. No. 2004-178, s. 2004. A RESP duly registered with the Board shall automatically become a member of AIPO, and shall receive the benefits appurtenant thereto. Automatic membership shall not be a bar to membership in other associations of RESP. The Board shall adopt and promulgate the Code of Ethics and Responsibilities for RESP which shall be prescribed and issued by the AIPO of RESP. The Board shall develop and promulgate guidelines on CPE upon consultation with the AIPO, affiliated association of RESP and other concerned sectors and in accordance with such policies as may have prescribed by the Board, subject to the approval of the Commission. The Board shall create a CPE Council that shall be composed of a chairperson coming from the Board, a member from the AIPO of RESP and a member from the academe. The Board shall be assisted by the Commission in carrying out the provisions of RA No. 9646 and the IRR and other policies. The lawyers of the Commission shall act as prosecutors against illegal practitioners and other violators of RA No. 9646 and the IRR. The duly constituted authorities of the government shall likewise assist the Board and the Commission in enforcing the provisions of RA No. 9646 and the IRR. RESP shall be required to indicate the COR, PIC, PTR number and AIPO membership and/or receipt number, and the date of issuance and the duration of validity on the documents he/she signs, uses or issues in connection with the practice of his/her profession. PENAL & FINAL PROVISIONS Any violation of RA No. 9646, including violations of this IRR, shall be meted the penalty of fin of not less than P100,000.00 or imprisonment of not less than 2 years, or both such fine and imprisonment upon the discretion of the court. In case the violation is committed by an unlicensed RESP, the penalty shall be double the aforesaid fine and imprisonment. In case the violation is committed by a partnership, corporation, association or any other juridical person, the partner, president, director or manage who has committed or consented to or knowingly tolerated such violation shall be held liable and responsible for the acts as principal or as co-principal with the other participants, if any. Thank you And *** End*** God Bless!