6/01/2012

Section 14B Case Filed in Ombudsman Against PRB-RES

Many Pre-RESA Brokers have come short in diligence and salesmanship because the Pre-RESA Seminars (that are required of us in the exams) were and are INSUFFICIENT and SUBSTANDARD.

Did you know that during my time (Nov 1997) and prior, you don't need to undergo Real Estate Seminar and Review to be able to take the DTI Licensure Exam? Hehehehe, YES, totoo eto. So ang ginawa ng mga Pre-Exam Seminar Provider cum Review Center, nag lobby sila sa RESCOP/BTRCP/DTI na mag pass ng resolution na requirement na ang Real Estate Seminar para makapag-take ng Exam, and the DTI Resolution it was imlemplemented only sometime between 1998-2008 (I can't remember the exact year).

That is why we all wanted the RESA to become a law so we can raise the quality through formal 4-year course education.

Yang mga Pre-Exam Seminar Provider cum Review Center ay mga ANTI-RESA ang mga yan, kasi pag 4-Year Course na ang requirement ehh mawawala na ang Pre-Exam Seminar (which is half ng component ng profit nila). The RA 9646 of 2009 says that one of the requirement to become qualified to apply for licensure examination is the applicant must have graduated 4-year BS Real Estate Management, and this policy must take effect as soon as CHED approved the curriculum, and that should be October 2011. The problem is, despite the explicit mandate of the RA 9646 to the PRB-RES, we can see in PRB-RES Policy Resolution 11 that these people who currently sit in PRB-RES refuses to implement the law, and they have still allowed people to take the licesure exam after October 2011 who are not graguates of the 4-Year course BS Real Estate Management.

RA 9646 SECTION 14. Qualifications for Applicants for Examination (B) A holder of relevant bachelor’s degree from a state university or college, or other educational institution duly recognized by CHED: Provided, that AS SOON AS a course leading to Bachelor’s Degree in Real Estate Service is implemented by the CHED, the Board shall make this course a requirement for taking the licensure examination;

NOTE that CHED implemented the Course last October 2011. Since this PRB-RES insisted that they will not implement explicit ORDER of Section 14B, then we have no choice but to file NEGLIGENCE RESULTING TO WASTE OF GOVERNMENT RESOURCES in the proper courts. So, last 31 May 2012, I have filed a complaint in Ombudsman against the PRB-RES on negligence of duty, irregularity of conducting examination. Filing of Complaint received by Ombudsman with Reference No. C-2012-06-0160. The respondents are PRB-RES. So, let's just wait for their explanation in the proper forum.

Over and above the Ombudsman case, we will also file a Petition Temporary Restraining Order (TRO) to the Supreme Court, with the PRC Commissioner as respondent, to discontinue the issuance of licenses to those who took the exam after October 2011 who have not completed 4-Year BS Real Estate Management course. Though this TRO, the number of victims of the irregularity will stop accumulating.


THE FOUR TYPES OF EDUCATIONAL REALTY SERVICE PROVIDERS

1. CHED-ACCREDITTED - colleges and universities that offers 4-year course leading to BS Real Estate Management. It is the school board who will approve on who will teach in their school.

2. BOARD EXAM REVIEW CENTERS - colleges, universities, private companies and individuals who provide Board Exam Review services to the GRADUATES of 4-YEAR COURSE to help them prepare for the Board Exam. These are the entities that must be regulated by PRC.

3. SALESPERSON SEMINAR PROVIDERS - colleges, universities, private companies, developers, real estate firms, and individual licensed real estate practitioners who provide seminar services for pre-registration purposes of the salesperson wannabees. It is best that Salespersons seminar and training are conducted by their OWN BROKER-SUPERVISORS. It is whong to use the term CPE to refer to Salesperson Seminar.

4. CPE Providers - colleges, universities, private companies, developers, real estate firms, and individual licensed real estate practitioners who provide seminars that are classified as PERSONALITY DEVELOPMENT COURSES, MANAGEMENT AND SUPERVISION TOPICS, or INFORMATION UPDATE OF NEW LAWS, JURISPRUDENCE, ORDINANCES, RESOLUTIONS that are relevant to LICENSED real estate practitioners (Brokers, Assessors, Appraisers, Consultants) to gain more knowledge and advance your profession for license-renewal purposes.

9 comments:

Deep End said...

Sir John -

Yeah, it is good that a case had been filed at the Ombs against PRB-RES and a TRO for PRC to stop issuing licenses to REB exam passers after Oct. 11, 2011. I am one of those who passed the exam... and cases like these are necessary to remove the cloud of doubt to our legitimacy as licensed REB. You see, our feeling of entitlement to the license was born out of hard work and substantial financial investments (registration fee - 15K, fare from our town to the big city during the 15-day reView-CPE - 2.5K, expenses for the PRC registration, exam, hotel, etc... - at the bigger city - 10K). The other possibility is of course a class suit against PRB-RES people and the local REB chapters... he he he.

Seriously though, I am interested on these cases you filed for the sake of enriching legal jurisprudence in RE. Prima facie, your objections are perfectly logical. Totoo nga naman. The law is clear, where seemingly no further interpretation is required. And the spirit of the law you cited are very valid, reasonable and strikes into the heart of the problem that ails the profession.

So, susubaybayan ko po kung paano mag-somersault - legally - ang PRB-RES. Anyway, I just hope that whatever be the decisions of the Ombs and SC, the rights of the "victims" (kami yun) will be restored, protected and taken into consideration. Just imagine our misery when we took the last REB exam... (alam mo na kung ano'ng nangyari... at anong klaseng exam yun) our class suit will surely include prayers for moral and exemplary damages..., kung sakali.

For the sake of argument, if I were the lawyer of PRB-RES, by way of defense, among others, I will pound on the ambiguity of the definition of "implementation". is the curriculum said to be implemented already after a CHED Order, or is it said to be implemented only when colleges/univ are actually "implementing" the CHED Order / Sec. 14B with actual enrollees, etc.?.

Anyway, thanks Sir John... surely, you have a very important role in the profession... to make this profession one of the noblest of all, and I am with you in your advocacy to weed out the corrupt and greedy elements among those who call themselves Real Estate Professionals...

Appraiser said...

if you take the line as it is then that might be the interpretation but how can you require the board to admit non-graduates of BS REM when as of 2012, there is no graduate of it. think about it.. let us say that certain schools admitted the course into their curriculum in the year 2010 or even 2011... using our math, it will take until 2013-14 in order for the first graduate of the course to finished it...

so, if we are going to follow your analysis, no one will be allowed to take the examination until 2013 or 2014?

JOHN ODONNELL R. PETALCORIN said...

You call Sec 14B an "analysis"? That is simple english, you don't need to analyze that, unless.... what schools did you graduated from? The law says at the onset of implementation of BS Real Estate curriculum, no person will be allowed to take the exam unless the person graduated BS Real Estate, we don't care what year will our CHED system produce graduates because we don't know the future. What is your business interest that made you so worried that no one will qualify to take the exam?

jordan said...

If thats the case, there should be no "GODfather clause" Real Estate BROKERS who have gained their licenses from DTI should not been issued licenses from PRC because they have not undergone rigid training like CPE or Seminars and They have not been graduated from BS REM.. They are the ones incompetent.. Revoke and Suspend their licenses too.. That should be the analysis.. hahahaha

JOHN ODONNELL R. PETALCORIN said...

@Jordan, that is not the case because the law already provides a grandfather clause. However, I agree with you that most Brokers who have not undergone BS REM are incompetent, but only in the Management and Supervision aspect of being a Broker. I can say this because most Brokers works like that of a mindset of a Salesperson. Nevertheless, you have to read also the CHED-approved BS REM Curriculum and analyze it so you will realize that it will not produce better Brokers compared to the DTI-era Seminars, for the very reason that it lacks Management and Supervision subjects. Finally, there is freedom of personal analysis, but when it comes to serious talks of the profession, our analysis is limited to the what is written on the RA 9646.

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Appraiser said...

Good Morning Mr John!

What is the development or reply of Ombudsman against the case filed to PRB-RES?

From what I learned our of Real Estate Forum in Davao City last September, Chairman Ong said that non-graduates of BS-REM can take the exam until 2013.


It seems nothing is stopping the PRB-RES from implementing it. I am not supporting PB-RES nor against your idea.

Jonas Smith said...

The section 14b case filed in Ombudsman. The post has given details here
RES Course Provider

Anonymous said...

Hi,
Do u hve the list of
Universities that offers bs rem?