THE REAL ESTATE SERVICE ACT of the PHILIPPINES

PRC REGISTRATION FORMS WITHOUT EXAMINATION for Real Estate Service Practioners Now Available



All real estate service practitioners may now download the PRC Registration Forms without Examination for Real Estate Service Practitioners.

Under Republic Act No. 9646, and the Implementing Rules and Regulations of RA 9646, certain real estate service practitioners will be allowed to register without examination, as provided in Sec. 20 of the IRR of RA 9646, as follows:

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 whose, on the date of the effectivity of R.A. No. 9646 or as of 30 July 2009, 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 that they have undertaken relevant Continuing Professional Education (CPE) or Continuing Education Program (CEP) to the satisfaction of the Board: Provided, further, that  the following practitioners shall be allowed to register:
1.   Any holder of a valid DTI license who has earned fifteen (15) Continuing    Education Program (CEP) or CPE credit units;
2. Those who had  failed to renew their DTI License prior to 30 July 2009 but who have earned twenty-four (24) CEP credit units from accredited service providers as per M.O. 39 or CPE credit units from CPE Council Accredited Provider from 2007 to July 30, 2011;
3.   Those who had passed the 2009 & 2008 licensure examinations given by the DTI but who had failed to obtain their license upon the effectivity of the R.A. No. 9646 and who have earned fifteen (15) CEP or CPE credit units;
4.   Those who had passed the 2007 licensure examinations given by the DTI but who had failed to obtain their license upon the effectivity of the R.A. No.  9646 and  who have earned eighteen (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 R.A .No. 9646 and who have earned one hundred twenty (120) CEP or CPE credit units;
Provided, finally, that real estate practitioners falling under the above-described categories who fail to comply with the necessary CPE requirements within two (2) years after the effectivity of R.A. No. 9646, on or before 30 July 2011, shall be required to take the Board licensure examination for real estate service practitioners;
(b)   Assessors and appraisers who, on the date of the effectivity of R.A. No. 9646 or as of 30 July 2009, 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 R.A. No. 9646 or as of 30 July 2009, 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, duly certified by the Department of Finance (DOF) or any other pertinent national government agencies or Government Owned and Controlled Corporations (GOCC) as the case may be, recognized by the Board and 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 complied with the requirements for registration as real estate appraisers, and have completed twenty four (24) CPE credit units. Provided, that those seeking to be licensed to a new credential level shall be required to take the pertinent Board  licensure examination for real estate service practitioners.
Those so exempt under the aforementioned categories shall file their application within two (2) years from the effectivity of Republic Act No. 9646 or until 30 July 2011. Provided, that the renewal of the professional identification card is subject to the provisions of Section 17, Art. III of R. A. No. 9646.
An applicant for registration without examination must submit the following documents:
1. Original and photocopy of Certificate of Live Birth / Birth Certificate (NSO), or valid Philippine passport, or any other proof of citizenship;
2.   Original and photocopy of Certificate of Registration (COR)  and / or Professional Identification Card  (PIC) or DTI Licenses;
3.   DTI Certification of Rating (for those who passed the examinations but failed to obtain their license),
4.    Original and photocopy of NBI Clearance,
5.    Duly notarized CEP/CPE Certification,
6.    Civil Service Commission Certification, DOF, or any other national government agencies, or GOCC Certification (assessors or government appraisers), or any certification of accredited seminar/training provider,
7.   Appointment papers and service records to prove appraisal or assessment experience (for assessors or government appraisers),
8.   Original and photocopy of Marriage Certificate  /  Contract of  Marriage (NSO) (if applicable),
9.   Four (4) passport size colored photos with complete nametag in white background, original and photocopy of community tax certificate (CTC), and surety bond for Real estate brokers and private real estate appraisers.
 
The forms may be downloaded from the PRC website at www.prc.gov.ph or 
you may go directly to 

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IRR of RESA PUBLISHED





IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9646 published

Finally, the Implementing Rules and Regulations of Republic Act No. 9646 was published last Saturday, July 23, 2010 in the Philippine Daily Inquirer and the Philippine Star.

The publication finally ended the period of long waiting by the real estate service practitioners, for the reason that under the Real Estate Service Act of the Philippines, Republic Act No. 9646, the implementing rules and regulations had to be promulgated before the law could really be fully implemented.




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PRB-RES to Finalize IRR of RESA



CONSULTATIVE DRAFT OF IMPLEMENTING RULES AND REGULATIONS OF THE REAL ESTATE SERVICE ACT issued by the Professional Regulatory Board of Real Estate Service [ PRB-RES ]


The Professional Regulatory Board of Real Estate Service, PRB-RES, after the NCR-Luzon public hearing held last June 9, 2010 where various stakeholders in the real estate service industry were invited has requested all  those who have comments on the proposed provisions of the Implementing Rules and Regulations of the Real Estate Service Act [ RESA, RA 9646 ] to submit their comments within three (3) days as the PRB-RES hopes to finalize and hopefully be published and become effective July 2010.
So far, the PRB-RES has conducted public hearings in Cagayan de Oro and Cebu and the last having been held for NCR-Luzon last June 9, 2010.

The PRB-RES is working hard on the finalization of the implementing rules and regulations and hopes to finish the same and have the IRR published and effective by July 2010. 

June 11, 2010

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PRBRES schedules public hearing at NCR on June 9, 2010

The PRBRES has announced the scheduled public hearing and consultation 
for the Implementing Rules and Regulations of the RESA 
to be held this coming June 9, 2010 
at the Philippine International Convention Center  [ PICC ] CCP Complex, Roxas Boulevard
at 8:30 am. 

ANNOUNCEMENT !!!
CHANGE OF VENUE


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PRB-RES ISSUES CONSULTATIVE DRAFT OF IRR




CONSULTATIVE DRAFT OF IMPLEMENTING RULES AND REGULATIONS OF THE REAL ESTATE SERVICE ACT issued by the Professional Regulatory Board of Real Estate Service [ PRB-RES ]


The Professional Regulatory Board of Real Estate Service, PRB-RES, has issued a consultative draft of the Implementing Rules and Regulations of the Real Estate Service Act [ RESA, RA 9646 ] which is intended to be the basis for discussions during the public hearings and consultations with various stakeholders.

So far, the PRB-RES has conducted public hearings in Cagayan de Oro and Cebu and is scheduled to have another public hearing in the NCR Area, which has been set on June 8, 2010, although details will still have to be announced.

The PRB-RES is working hard on the finalization of the implementing rules and regulations and hopes to finish the same and have the IRR published and effective by July 2010. 

May 31, 2010

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PROFESSIONAL REGULATORY BOARD OF REAL ESTATE SERVICE [ PRBRES ] FORMED


April 1, 2010

The first Professional Regulatory Board of Real Estate Service [ PRBRES ] was finally created with the members thereof being inducted at oathtaking ceremonies held at the Professional Regulation Commission last Friday, 26th March 2010 at the PRC Office.

The Professional Regulatory Board of Real Estate Service is composed of the following:

1. EDUARDO G. ONG, Chairman,

Professional Regulatory Board of Real Estate Service



Dr. Eduardo G. Ong

Chairman, PRBRES

2. BANSAN C. CHOA

3. RAMON C.F. CUERVO III ( PAREB Manila Board of Realtors®)

4. RAFAEL M. FAJARDO (PAREB-Bulacan Realtors® Board)

5. FLORENCIO DINO

Under Sec. 4, Article II of the Real Estate Service Act of the Philippines, the Professional Regulatory Board shall be created, as follows:

"SEC. 4. Creation and Composition of the Board. – There is hereby created a Professional Regulatory Board of Real Estate Service, hereinafter referred to as the Board, under the supervision and administrative control of the Professional Regulation Commission (PRC), hereinafter referred to as the Commission, composed of a chairperson and four (4) members who shall be appointed by the President of the Philippines from the three (3) recommendees chosen by the Commission from a list of five (5) nominees per position submitted by the accredited and integrated professional organization of real estate service practitioners: Provided, That two (2) of the members of the Board shall represent the government assessors and appraisers.


The first Board shall be organized within six (6) months from the effectivity of this Act."


As the RESA became effective last July 29, 2009, the Board should have been formed last January 2010 as the law provided that the first Board shall be organized within six (6) months from its effectivity. Notwithstanding the delay in the creation of the first Board, the final creation of the PREBRES is a welcome move as the real estate service industry has practically been at a standstill pending the creation of the Real Estate Service Board.


The first major task of the Real Estate Service Board is really to come up with the implementing rules and regulations to implement the Real Estate Service Act [ Implementing Rules and Regulations, RESA RA 9646 ] in order to guide the real estate service industry as to the implementation of the RESA.

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Osmeña: Enforcing the Real Estate Service Act


Tuesday, March 30, 2010 [ sunstar.com.ph ]

By Antonio V. Osmeña

THE Real Estate Service Act (RA 9646) regulates the practice of real estate service in the Philippines and creates the Professional Regulatory Board of Real Estate Service (PRB-RES).

The PRB-RES shall implement the law, under the supervision and administrative control of the Professional Regulation Commission (PRC). But apparently, even if the law was enacted last June 29, 2002 yet, the unlicensed real estate practitioners continue to proliferate in servicing Cebu’s land developers. They offer commercial, residential and condo units to prospective buyers and earn hefty commissions.

Today, land developers and real estate brokers continue to violate RA 9646. The PRB-RES has the duty to finally eradicate the practice of unauthorized or unlicensed individuals, exercising its quasi-judicial administrative powers.

But the question legitimate licensed brokers are asking is, when? Article 5, section 41 states that within 90 days from the effectivity of the law, the DTI-Bureau of Trade Regulation and Consumer Protection (BTRCP) is required to transfer all pertinent records, documents and other materials to the Professional Regulatory Board of Real Estate Service.

“Likewise, the commission, together with the board and the accredited and integrated professional organization of real estate service practitioners, the Department of Finance, and the Commission on Higher Education, shall prepare the necessary rules and regulations,” the law states.

Critics argue that it took over five decades to professionalize the practice of real estate and what is worrisome is it might take a few more decades to implement the necessary rules and regulations.

Since the members of PRB-RES are all presidential appointees, there is a need for real estate practitioners such as the Pareb-Cereb organization to lobby for President Gloria Arroyo to fast-track its implementation.

Thousands of real estate brokers and salesmen throughout the country are waiting for the Professional Regulatory Board of Real Estate Service to perform its functions.

These include providing comprehensive policy guidelines for the promotion and development of the real estate industry; conducting licensure examinations for the practice of the real estate service profession; and issuing, suspending, revoking or reinstating, after due notice and hearing, certificates of registration or professional identification cards for the practice of real estate service.

The PRB-RES is also supposed to safeguard legitimate and licensed real estate service practitioners and, in coordination with the accredited and integrated professional organization of real estate practitioners, monitor all forms of advertisements, announcements, signboards, billboards, pamphlets, brochures and other similar nature concerning real estate.

The board has many other powers and functions but what needs to be emphasized now are the penal provisions and supervision of real estate salespersons.

In case the violation is committed by a partnership, corporation, association or any judicial person, the partner, president, director or manager who committed, consented to or knowingly tolerated unlicensed real estate practitioners, face a penalty of P200,000 or imprisonment of not less than four years. Both the fine and imprisonment may be imposed, upon the discretion of the court.

Real estate salespersons shall be under the direct supervision and accountability of a real estate broker.

A real estate broker shall be guilty of violating the law if he or she employs a salesperson who has not secured the required accreditation from the board.

RA 9646 explicitly prohibits realty developers from employing unlicensed real estate salespersons in the marketing of products. I hope the Pareb-Cereb member-practitioners shall be responsive and help stop “colorum” real estate practitioners.

Published in the Sun.Star Cebu newspaper on March 31, 2010.

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