Series of 2009
SUBJECT: Effect of R.A. No. 9646 or RESA on Comprehensive Real Estate Seminars and Review and Continuing Education Programs Pursuant to Ministry Order No. 39, Series of 1985, as Amended
This refers to approved and pending applications for accreditation of Comprehensive Real Estate Seminars and Review (CRESR) and Continuing Education Program (CEP) in connection with the impending effectivity of the Real Estate Service Act of the Philippines (RESA). As the RESA or Republic Act No. 9646 was signed into law on 29 June by President Gloria Macapagal Arroyo and published in today’s issue of the Philippine Daily Inquirer, the same will be operative on 30 July 2009, fifteen days following its publication.
In this regard, particularly with the express repeal of the very law from which DTI draws its authority to regulate the real estate service practice i.e., Sections 3 (e) and (ee) of Act No. 2728, as amended, and consequently, its implementing rules and regulations (Ministry Order No. 39 series of 1985, as amended), its mandate to, among others, conduct examinations, accredit CEP and CRESR, and the processing of licenses for that matter will be automatically withdrawn and transferred to the Professional Regulation Commission (PRC) upon effectivity of RESA. Stated in another way, PRC will thenceforth take DTI’s place.
In view of the foregoing, it is categorically declared that accredited CRESR activities that had been and will be conducted henceforth may no longer serve the specific purpose for which it is carried out, i.e. as a prerequisite for taking licensure examination, given the fact that once RESA takes effect all DTI issuances, including accreditation of CRESR will be rendered nugatory. In its stead, guidelines that will be issued by PRC shall then apply.
In the same vein, accredited CEP activities will of no consequence once RESA is in force. As it is, its relevance extends only for the purpose of securing license with DTI before 30 July 2009.
While on the subject, your attention is drawn to DTI’s solitary role in the implementation of the Act as laid down in Section 41 of the RESA, i.e., the transfer of all pertinent documents and records to the PRC ninety (90) days from the effectivity thereof.
For the information and guidance of all concerned.
(SGD) Atty. PEDRO VICENTE C. MENDOZA