QUESTION: Sir John, is the Professional Regulatory Board of the Real Estate Service (PRB-RES) can be classified as on of the midnight appointments?
ANSWER: I don't know but there is something fishy if the appointment came out after 26 March 2010. But based on my talk with Julius Topacio of REBAP, he said that the appointment came out on 09 March 2010. So there should be no midnight appointment. But still, they still have to tender their courtesy resignation to the new President.
LEGAL BASIS ON MIDNIGHT APPOINTMENTS
I would like to cite Section 261 of the Omnibus Election Code which prohibits the “appointment of new employees” during the period before the elections. It states:
“During a period of forty-five days [approximately 1.5 months] before a regular election... any head, official or appointing officer of a government office, agency or instrumentality, whether national or local, including government-owned or controlled corporations, who appoints or hires a new employee, whether provisional, temporary or casual, or creates or fills a new position, except upon prior authority of the Commission [on Elections]. The Commission shall not grant the authority sought unless, it is satisfied that the position to be filled is essential to the proper functioning of the office or agency concerned, and that the position shall not be filled in a manner that may influence the election.”
In addition, Section 264 of the Omnibus Election Code provides that “any person found guilty of any election offense under this Code shall be punished with imprisonment of no less than one year, but no more than six years and shall be subject to probation,” in which the offender will be perpetually barred from holding any government post and will not be allowed to vote.
HOW THE PRB-RES WERE APPOINTED
On 27 November 2009, the PRC published their resolution that recognized the FEDERATION OF REAL ESTATE SERVICE ASSOCIATIONS (FRESA) as INTERIM Accredited Professional Organization of Real Estate Service Practitioners (PORESP). Take note that FRESA membership is just a subset of the total number of licensed Real Estate Professionals in the Philippines. Most real estate practitioners are non-members of FRESA.
On 28 November 2009, the FRESA submitted to PRC a list of nominees for the PRB-RES. They selected nominees in a closed door process ' "sila-sila lang". I can say this because I cannot recall hearing any rumor about a National Convention of the Real Estate Practitioners.
On 01 April 2009, despite ban of midnight appointment, the PRC proceeded with the appointment.
WHAT SHOULD HAVE BEEN DONE?
1. The FRESA, being an interim PORESP, should have first formed a group of trustees within the FRESA to act as selection and evaluation committee for the PRB-RES.
2. Then FRESA should have announced the invitation for qualified real estate practitioners (both members and non-members of FRESA) to submit application for the Board Membership.
3. Then FRESA Trustees should have interviewed the applicants and select the nominees.
4. Then the PRC will evaluate and interview the nominees.
5. Then the PRC will recommend the nominees to the President of the Republic of the Philippines, with a note that midnight appointment should be avoided.
xxxxx
Below are some relevant PRC documents related to the Real Estate Service Act.
xxxxx
PROFESSIONAL REGULATORY BOARD OF REAL ESTATE SERVICE
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,
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.
xxxxx
THE REAL ESTATE SERVICE ACT of the PHILIPPINES
Nominees to the REAL ESTATE BOARD
Republic of the Philippines
Professional Regulation Commission
Manila
A N N O U N C E M E N T
28 November 2009
The following are the nominees/applicants for appointment to vacant positions in the Professional Regulatory Boards. In compliance with Executive Order No. 496, Series of 1991, the Professional Regulation Commission is inviting anyone who may have derogatory information against any of the nominees which may render him unfit for the position to inform the Commission within a period of ten (10) days from such publication.
1. For appointment as Chairman/Member of the Board of Geology, as nominated by the Geological Society of the Philippines:
a. SYLVIA G. RAMOS
b. ROLANDO E. PENA
c. RENE JUNA R. CLAVERIA
d. ERNESTO P. SONIDO
e. CARLO DAYANHIRANG
2. For appointment as Chairman/Member of the Board of Real Estate Brokers, as nominated by the Federation of Real Estate Service Associations (FRESA):
2.1 REAL ESTATE BROKERS
a. BANAAG, PILAR M. TORRES
b. CHOA, BANSAN C.
c. HERNANDEZ JANETTE S.J.
d. MAMARIL, GELACIO C.
2.2 REAL ESTATE APPRAISERS
a. ACADEMINA, TOMASITO Z.
b. ALVAREZ, CAROLINA O.
c. ANGELES, ERNESTO M.
d. CUERVO III, RAMON C.F.
e. SY, ROBERT MARIE C.
2.3 REAL ESTATE CONSULTANTS
a. DE VERA, DOMINGO D.
b. DULALIA, FLORENTINO JR. S.
c. FAJARDO, RAFAEL M.
d. MIRANDA, FERNANDO JR., M.
2.4 ASSESSORS AND GOVERNMENT APPRAISERS
a. SISON, GENER R.
b. ANGELES BENJAMIN
c. DINO, FLORENCIO C.
d. ALBEUS RAMON R.
e. SUSUSCO, ANTHONY
f. SUELAN, EDUARDO
g. ACEVEDO, EDWIN J.
h. CAELIAN, MERLITA
i. ABELLANOSA, ALMA V.
j. VERA CRUZ, NOEL
k. DE VERA, DOMINGO D.
(Sgd. ) NICOLAS P. LAPENA, JR.
Chairman
Published : Manila Standard Today
(MS)Nov. 28, 2009
xxxxx
THE REAL ESTATE SERVICE ACT of the PHILIPPINES
RECOGNITION OF FRESA AS AN INTERIM APO
Republic of the Philippines
Professional Regulation Commission
Manila
RESOLUTION NO. 2009-538
Series of 2009
RECOGNITION OF THE FEDERATION OF REAL ESTATE SERVICE ASSOCIATIONS (FRESA) AS AN INTERIM ACCREDITED PROFESSIONAL ORGANIZATION OF REAL ESTATE SERVICE PRACTITIONERS (APORESPs)
27 November 2009
WHEREAS, on June 29, 2009, President Gloria Macapagal-Arroyo approved and singed into law Republic Act No. 9646 entitled as “An Act Regulating the Practice of Real Estate Service in the Philippines, Creating for the Purpose a Professional Regulatory Board of Real Estate Service , Appropriating Funds therefore and for other Purposes”, known as “The Real Estate Service Act of the Philippines”;
WHEREAS, Section 4, Article II of R.A. No. 9646 states, to wit:
“ Section 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 integration professional organization of real estate service practitioners: Provided, That two (2) of the members of the Board shall represent the government assessors and appraisers”.
WHEREAS, pending accreditation of an integrated professional organization of real estate service practitioners (RESP’s) by the Board subject to approval by the Commission pursuant to Sec. 34, Art. IV of R.A. 9646, there is a need to recognize an interim APO for the RESP’s that shall submit the list of nominees for the first composition of the Board to the Commission from whom the latter shall officially forward the ranked recommendees through issuance of a Resolution to the President for her appointment of the said composition;
WHEREAS, on October 21, 2009, the different organizations of RESPs held a meeting presided by the Commission Chairman to choose the Federation of Real Estate Service Associations (FRESA) who shall apply for accreditation as the interim APO for the RESPs by the Commission; and
WHEREAS, it was agreed that should FRESA be accredited as the interim APO, this Commission shall automatically disaccredit it after the accredited and integrated professional organization (APO) of RESPs shall have been constituted in accordance with Sec. 34, Art. IV of R.A. No. 9646;
NOW, THEREFORE, the Commission RESOLVES, as it hereby RESOLVED, to recognize the FEDERATION OF REAL ESTATE SERVICE ASSOCIATIONS (FRESA) as INTERIM Accredited Professional Organization of Real Estate Service Practitioners; and accordingly, to issue thereto a Certificate of Accreditation upon payment of the prescribed fees therefor;
FUTHER, RESOLVED, that FRESA, after its accreditation, shall submit the list of five (5) ranked nominees per position to the Commission from whom three (3) thereof shall be chosen and recommended by the latter to the President for her appointment in the light of Sections 4, 6 and 7, Art. II of R.A. No. 9646 pursuant to Sec. 42, Art. V. Thereof and in performing other tasks prior to the constitution of the accredited and integrated professional organization of RESPs;
FURTHERMORE, RESOLVED, this Resolution shall take effect after fifteen (15) days following the full and complete publication thereof in the Official Gazette or any newspaper of general circulation in the Philippines.
Let a copy of this Resolution be furnished FRESA for its information, guidance and dissemination to RESP’s Associations thereunder.
Done in the City of Manila, this 23rd day of November, 2009.
(Sgd. ) NICOLAS P. LAPENA, JR.
Chairman
(Sgd. )RUTH RANA-PADILLA
Commissioner
(Sgd.) NILO L. ROSAS
Commissioner
Published : Manila Standard Today
(MST)Nov. 27, 2009
No comments:
Post a Comment