CREBA Manipulation on the Real Estate Professionals
20 years from now, I will remember 2009-2011 as the RESA Crisis, wherein the Anti-RESA CREBA have installed the PRB-RES and have puppeteered the leaders of the major associations into scattering the professionals. I know their names and their treachery will be permanently etched with a knife in my heart as it bleeds.
Remember, united we stand, divided we fall.
Without AIPO, no one will represent the licensed practitioners in the case filed by CREBA in the Supreme Court to unconstitionalize the RA 9646.
I heard somebody commented: "How about the leaders of the Associations?"
Well, these Associations have been rubbing elbows with CREBA for two decades already. One Association even hold it's headquarters in CREBA Building. You pay your dues to the Associations, but the Associations have done nothing to fight the colorums for over 20 years already.
Your only way out of the bondage is to think "independently" and join the formation of a united front of IPORESP.
United we Stand, Divided we Fall.
The reason why the 25,000 strong members of the Licensed Real Estate Practitioners are not seeing the best part of RESA Law (R.A. 9646) is because they are not united and are being manipulated by CREBA who systematically puppeteer the leaders of the Associations, the PRC, and the PRB-RES.
As I have been telling you since the beginning of time, CREBA is Anti-RESA because their machinery primarily represent the interest of developers who are Anti-Professionalization. You just refused to believe me because you can see the leaders of your Association in photographs and speaking engagements rubbing elbows with CREBA.
Now finally, recently, CREBA have made a press release that they are Anti-RESA (below is the Anti-RESA press release of CREBA). Why do you still trust your Association leaders (who are associated with CREBA) to represent you in the formation of the AIPO and the PRB-RES?
Now, speaking of AIPO Formation, try to look at the democratic aspect in terms of numbers. The real estate professional practitioners in Philippines would conservatively number to 25,000 including the Assessors. The combined members of Associations only account to around 3,000 which is roughly around 12% of the total number of practitioners. These Associations have long been led by as few as 50 persons who are all closely tied up with the CREBA. If the members of the Associations will not unite with the rest of the 88% of the practitioners, CREBA would be able to successfully manipulate the Real Estate Service.
Getting a seat as Trustee in the AIPO is becoming difficult for democracy because the AIPO Formation Steering Committee, which is composed of representatives from the Associations, are inclined to somewhat refuse to open up the candidacy to the democracy of the 25,000 members. Gusto nila, sila-sila lang ang pwedeng mag run as Trustee (I hope they will change their mind and start protecting the democracy of the whole).
At this point, I feel like uniting the practitioners is difficult and easy. Difficult because the Associations control the events and communications among practitioners. Yet easy because each practitioner will only have to do his/her part to spread the word to join the IPORESP Facebook Group so they can communicate and coordinate. The IPORESP Facebook Group is at URL: http://www.facebook.com/group.php?gid=123801497658445
IN SPARTA, DEMOCRACY THERE IS
When they said before that the competition of Associations to get AIPO accreditation "is a game of numbers", I told them it is divisive that will lead to frat-like RUMBLE. With God's grace and intervention, frat-flags hoisted were lowered down and set aside.
Then now... they said each Associations will be represented by two Trustee candidates , I am telling them it is a DERBY. If the right to candidacy is not open to the 88% of the practitioners who are without Asscociations, then it becomes an EXCLUSIVE DERBY of the Associations. I hope God will again intervene in this situation we are in now.
I come from the 88% of the population. Despite the invitation to fight on the side of any of the two biggest Associations, I have chosen to be independent, distanced myself from their respective war-rooms, and avoided any possibility of rubbing elbows with the manipulators that wants to hog-tie our hands behind our back. I choose to be independent because I personally believe that DIVISIVENESS OF RUMBLE and DERBY-LIKE COMPETITION is not good for everybody.
What is good is DEMOCRACY, where every licensed practitioner is not suppressed of his right to seek leadership position. What is good is when the candidates run because of passion to serve. Trust me, it will not be too many candidates, it will not be chaotic because only the WORTHY will stand and present himself. Let every candidate stand by the podium in front of the practitioners and present his/her transparent vision and mission, ready platform of plans and programs, and 100% loyalty to the whole. Let's give the members a good show of worthy candidates. Let's give the members a chance to listen to the platform of each position-seeker so they can make an informed decision and vote wisely. DEMOCRACY will lead us to progress.
Damn! When you give me a team of trustees who are like lobby puppets who comes to the boardroom with a bunch of interests that serves only their respective principal groups, someone's gonna get kicked into the bottomless pit! THIS IS SPARTA!
A look at the RESA Law
By Atty. Manuel M. Serrano (The Philippine Star) Updated October 01, 2010 12:00 AM URL: http://www.philstar.com/Article.aspx?articleId=616761&publicationSubCategoryId=76
MANILA, Philippines - Throughout the country real estate developers are up in arms over certain provisions of R.A. 9646, also known as the “Real Estate Service Act of the Philippines” (RESA), which regulates the practice of real estate service in the Philippines, creating for the purpose a Professional Regulatory Board of Real Estate Service (PRBRES) and its subsequent funding.
Much of the protestations stem from Sections 28 (a) and 29 of the RESA Law, which prohibit real estate developers from practicing real estate service in the country. To many developers the practice of real estate service, which includes offering, advertising, soliciting, listing, promoting, negotiating and selling of real estate is not only an integral part of their business but an inherent right. Having invested millions in the development of their projects developers have much to lose in the business and it is only fitting that they provide not only quality products but quality real estate service as well.
More important is the fact that real estate developers have acquired, through years of practice and experience, greater knowledge, expertise, vision and professionalism in providing real estate service. For developers to go to brokers and middlemen, most of whom are in their employ anyway, is illogical, to say the least. Because developers, whether natural or juridical, place greater premium on giving quality service compared with brokers and middlemen whose major interest is to earn as high a commission as possible. That is why developers should be included in the exemption and not be subjected to licensing and registration the law now requires.
From a legal standpoint, the spirit on which the law was premised appears shaky and at best, unconstitutional, because the prohibition is not germane to the subject matter of the RESA Law. First, it is one thing to regulate the practice of real estate, which the law mandates, and it is quite another thing to prohibit developers from engaging in the practice of real estate service in connection with their own properties. The latter is not embraced by the former. This is obviously a violation of Section 26 (1) of Article VI of the Philippine Constitution which states that “every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.”
The prohibition against real estate developers from engaging in real estate service is an unreasonable and unlawful deprivation of their property rights, in violation of Section 1, Article III of the Constitution, which holds, among others, that “no person shall be deprived of life, liberty or property without due process of law.” It also impinges on their right to dispose of their property under Article 428 of the Civil Code.
The RESA Law simply puts developers at the mercy of brokers and middlemen who from the start had no participation in the development and conceptualization of the properties they will be servicing. Thus CREBA is urging the Professional Regulatory Commission to suspend the aforementioned provisions in the RESA which prevent developers from practicing real estate service on their own or as an alternative, exempt real estate developers from the licensing and registration requirements.
(Atty. Serrano is the chairman of the Chamber of Real Estate and Builders Associations Inc. or CREBA)
MY COMMENT ON THE CREBA ANTI-RESA STATEMENT
The primary law that regulates Real Estate Developers is the 2001 Implementing Rules and Regulation of the Presidential Decree 957 (2001 IRR PD957) , which is being implemented by Housing and Land Use Regulatory Board. In Article 5 of the PD 957 IRR, persons selling real estate development projects are required to be registered and licensed under DTI. This R.A. 9646, otherwise known as RESA Law, is consistent with the IRR of PD 957 when it comes to regulating project sellers. Developers who commission sales agents without registration in HLURB are in violation of PD 957, ever since 2001.
The so called "IN-HOUSE" agents of the Developers claim to be people under their "employ" are not actually "employees". These in-house agents are not being paid salaries, no wages, no benefits, no proper training on the rules of the profession, and no supervision. These in-house agents are unlicensed/unregistered real estate practitioners who are EXPLOITED by Developers to distribute fliers, with their names/cantact# written at the back of the fliers, and they are being promised a share of the commission if the buyers respond to their fliers. These agents of developers render WORK without salaries at all for the whole day's work. This is EXPOITATION, this is an ANOMALY, this is a violation of PD 957 and RA 9646.
RA 9646 wants to professionalize the real estate service industry and this is good for the country.
I am an advocate of RA 9646. I am the administrator of IPORESP Facebook Group. If CREBA have questions on the RA 9646, I am more than willing to answer them.
RA 9646 PROVIDES SECURITY OF TENURE, SAFETY-NET, AND PROTECTION TO ALL AGENTS ESPECIALLY IN-HOUSE SALESPERSONS OF THE DEVELOPERS
REPOSTED: RESA ADVOCACY SERIES at http://petalcorin.blogspot.com
QUESTION: The greatest fear of the implementation of RESA is that it may displace in-house salesmen employees who are colorum (unregistered). What can you say about this?
JOHN PETALCORIN ANSWER: NO. Definitely not. RESA or RA 9646 wants EVERYONE who practice real estate service to become professional, licensed, and regulated under a common Code of Ethics and Educational Standard. RESA wants all practitioners to undergo a formal training, which absolutely allows the in-house employees of the developers to take.
Part of the quality control measures of the RESA is that there will be examination for brokers, which allows the in-house employees of the developers to take. There is no exam requirement for ordinary salespersons.
RESA also wants all salespersons to be supervised by a licensed broker on a 20:1 ratio to ensure hands-on accountability.
RESA allows the developers to hire brokers. If the developers can't afford brokers, they are allowed to require their in-house salespersons to submit pre-employment professional supervisory certificate from external brokers.
With proper education, training, qualification, and service quality certification, RESA provides security of tenure to real estate practitioners especially to agents of developers. It is very difficult for real estate companies to fire a professional that possesses all of these professional qualification.
If the developer will unfairly fire a professional salesperson, his private professional supervisor, who is an external licensed broker, could always absorb him back for deployment to other projects.