THE REAL ESTATE SERVICE ACT of the PHILIPPINES

Advisory on PRC Resolution No. 2012-668 and PRC Resolution No. 2012-673



The Professional Regulation Commission issued last June 21, 2012, Resolution No. 2012-668, Series of 2012 or the “Guidelines in Implementing Section 7, paragraphs (j), (l) and Section 16 of R.A.8981, otherwise known as the PRC Modernization Act of 2000, the Pertinent Provisions of the Various Professional Regulatory Laws, the General Agreement on Trade in Services, and other International Agreements on the Practice of Foreign Professionals in the Philippines.” PRC Resolution No. 2012-668 was published at the Philippine Daily Inquirer on June 26, 2012 and the same became effective on July 12, 2012. 

This Resolution which implements covered Professional Regulatory Laws and Section 7 (j) of Republic Act No. 8981, otherwise known as the“PRC Modernization Act of 2000” requires foreign professionals who intend to practice a regulated profession in the Philippines to secure a Special Temporary Permit to practice from the Professional Regulation Commission, under any of the following circumstances: 
Category A - foreign professionals applying for registration with or without examination under reciprocity or other international agreement
Category B - foreign professionals intending to practice a profession in the Philippines under reciprocity or other international agreement
Category C - foreign professionals who are to be engaged by the Government as consultants in foreign-funded, joint venture or foreign assisted projects
Category D - foreign professionals who are to be employed by local or foreign private firms or institutions pursuant to law
Category E - foreign health professionals on humanitarian missions for a limited period of time
Category F - foreign professionals under Presidential Decree No. 541, or the law “Allowing Former Filipino Professionals to Practice their Respective Professions in the Philippines”
The issuance of the Special Temporary Permit to practice shall be subject to compliance with the documentary requirements and payment of fees prescribed under the said Resolution.All applicants shall be required to submit a duly accomplished and notarized Application Form together with a photocopy of his/her valid passport showing his/her citizenship, type and validity of visa issued and proof of entry in the Philippines, in addition to other documentary requirements prescribed for each category. All applicants shall be required to pay a non-refundable processing fee of Three Thousand Pesos (P3,000.00) and permit fee of Eight Thousand Pesos (P8,000.00). Those falling under Category F shall pay the arrears, in addition to the permit fee, as stated above. 
The practice of a regulated profession in the Philippines without the Special Temporary Permit from the Commission amounts to illegal practice of profession which warrants the imposition of the corresponding administrative, civil and penal sanctions, pursuant to applicable laws on the matter. 

All foreign professionals who are already in the country but engaged in the practice of a regulated profession without the Certificate of Registration, Professional ID Card or Special Temporary Permit shall be allowed a ninety (90) day grace period or until October 10, 2012 within which to secure the said Certificate of Registration, Professional ID Card or Special Temporary Permit from the Commission without penalty, subject to the requirements prescribed under PRC Resolution 2012-668, Series of 2012. 

Please be likewise advised that the Professional Regulation Commission issued Resolution No. 2012-673, Series of 2012, “Suspending the Effectivity of Section 5 and Section 17 of Resolution 2012-668, Series of 2012, entitled the Guidelines in Implementing Section 7, paragraphs (j), (l) and Section 16 of R.A.8981 otherwise known as the PRC Modernization Act of 2000, the Pertinent Provisions of the Various Professional Regulatory Laws, the General Agreement on Trade in Services, and other International Agreements on the Practice of Foreign Professionals in the Philippines with respect to subsection E, Section 2 thereof.” 


Pursuant to the aforecited Resolution, covered foreign health professionals on humanitarian missions shall pay the One Thousand Two Hundred Fifty Pesos (P1,250.00) permit fee only and shall be exempt from the professional liability insurance requirement. Said suspension shall commence on August 23, 2012 and shall last for such period of time as may be determined by the Professional Regulation Commission. 

Courtesy of : www.prc.gov.ph
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