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Resa and Its Irr

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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!

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