THE REAL ESTATE SERVICE ACT of the PHILIPPINES

DTI / PRC issues Joint Announcement on Expired Licenses


DTI / PRC issues Joint Announcement on Expired Licenses of

Real Estate Brokers, Appraisers and Consultants


The Department of Trade and Industry [ DTI ], along with the Professional Regulation Commission [ PRC] has issued a joint announcement as provided under DTI Memorandum No. 031 dated January 12, 2010 regarding the status of licenses of real estate brokers, appraisers and consultants which have expired or will be expiring.


The said announcement is seen to address the question of many practitioners whose licenses have expired as to the status of their licenses considering that there are still no implementing rules and regulations under the Real Estate Service Act which became effective last July 30, 2009, particularly on the renewal of expired licenses as the practitioners have nowhere to go to renew their licenses as of the present time.


Under said memorandum, an announcement has been made, as follows:


ANNOUNCEMENT

TO ALL REAL ESTATE DEVELOPERS

& REAL ESTATE SERVICE PRACTITIONERS

“Pending the appointment of the Chairman and Members of the Professional Regulatory Board of Real Estate Service (PRBRES), pursuant to Republic Act No. 9646, all Real Estate Brokers, Real Estate Appraisers and Real Estate Consultants, whose licenses issued by the Department of Trade and Industry (DTI) expired on December 31, 2008 and onwards, are required to file their application for registration without examination under Section 20, Article III of R.A. No. 9644 [sic? 9646] from January 12, 2010 to July 30, 2011, stamped received by the Professional Regulation Commission and/or the PRBRES. Such application shall be deemed proof of authority for the lawful exercise of their profession until such time that the PRC and the PRBRES shall have approved it."


As a guide, under R.A. No. 9646, Sec. 20, Article III, real estate service practitioners are given a period of two (2) years from the effectivity of R.A. No. 9646, or from July 30, 2009 to register with the PRC without taking any examinations. Said Section 20 provides that:


SEC. 20. Registration Without Examination. – Upon application and payment of the required fees, the following shall be registered, and shall be issued by the Board and the Commission a certificate of registration and a professional identification card without taking the prescribed examination:


(a) Those who, on the date of the effectivity of this Act, are already licensed as real estate brokers, real estate appraisers or real estate consultants by the Department of Trade and Industry (DTI) by virtue of Ministry Order No. 39, as amended: Provided, That they are in active practice as real estate brokers, real estate appraisers and real estate consultants, and have undertaken relevant CPE to the satisfaction of the Board;


(b) Assessors and appraisers who, on the date of the effectivity of this Act, hold permanent appointments and are performing actual appraisal and assessment functions for the last five (5) years, have passed the Real Property Assessing Officer (RPAO) examination conducted and administered by the Civil Service Commission (CSC) in coordination with the Department of Finance (DOF), and have undertaken relevant CPE to the satisfaction of the Board; and


(c) Assessors and appraisers who, on the date of the effectivity of this Act, hold permanent appointments and have at least ten (10) years actual experience in real property appraisal or assessment and have completed at least one hundred twenty (120) hours of accredited training on real property appraisal conducted by national or international appraisal organizations or institutions/entities recognized by the Board and relevant CPE to the satisfaction of the Board.


Those falling under categories (b) and (c) shall register with the Board after they shall have complied with the requirements for registration as real estate appraisers: Provided, That those seeking to be licensed to a new credential level shall be required to take the pertinent licensure examination.


Those so exempt under the aforementioned categories shall file their application within two (2) years from the effectivity of this Act: Provided, That the renewal of the professional identification card is subject to the provisions of Section 17 hereof.” [ emphasis and underscoring supplied ]


The concern raised at the start of the year by real estate service practitioners is where and how do they renew their licenses which have expired as of December 31, 2009. Simply put, what is the status of their expired licenses and whether they are still considered “licensed” and still with a valid license and may they continue to practice their profession now as a real estate broker, real estate appraiser or real estate consultant.

The said memorandum is supposed to have clarified the above concern in that since the Professional Regulatory Board of Real Estate Service [ PRBRES ] has not been formed to date and therefore there are still no implementing rules and regulations, those with expired licenses [ as of December 31, 2008, as per the memorandum ] still have the authority for the lawful exercise of their profession until such time that the PRC and PRBRES shall have approved their application.

Note however that the application referred to in the memorandum only states that such application will be considered a proof of authority to continue their practice in the meantime that the PRBRES is not formed yet and there are still no implementing rules and regulations.

It is submitted that even without such application, one is still considered to have the authority for the lawful exercise of their professions either as a real estate broker, real estate appraiser and real estate consultant until the PRBRES shall have been formed and the the promulgation of the implementing rules and regulations under R.A. No. 9646, and if proof is required, as in the case of developers who are accrediting or hiring real estate brokers, all the real estate broker has to do is to file said application and have it received by the PRC.


read full text > > > Memorandum No. 031 dated 12 January 2010

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