By Rltr® John R. Petalcorin - Founder of RealterSociety.Org, Lead Volunteer Convenor of IPORESP.Org, Exclusive Buyer Agent, pro bono Consumer Rights Advocate, peer-to-peer coaching, matching buyers and sellers for FREE.
1/18/2013
How law enforcement catch colorums in bulk
The usual fliers of colorums will provide investigators the lead. Imbistigahan yang Human Resource Departments ng mga Development Corporations na suspected nag-operate ng colorums. BIR will also provide names of those who actually earned as agents using Withholding Tax data -- evidence is solid, escape is impossible.
Kaya importante yung pinapapiramahan nating Advisory ng onset date ng law enforcement against colorum. Lahat na pasok sa period patay si Corporation, penalty P200,000 kada ulo, pag-uusapan pa kung paano yan ikukulong kasi ang batas nagsasabi "fine AND imprisonment".
Don't tell me later on that you were not warned to get out of the room before it is blasted. When the BIR and DOJ investigates the entire Development Corporation for colorum operation and you are found to be part of the "associates" of the Corporation, patay ka, masisira yang license mo, sabit ka as accomplice. External Broker ka lang, but you can't see the records in their Human Resources, you didn't know na naka C/O sayo ang mga colorum agents na wala kang ka-alam-alam.
Anak ng kaibigan ko, fresh graduate, pumasok colorum sa isang developer. Tinawagan ko na ang parents ng bata to force her to quit, forget the commission, or else it's gonna give them headache later. There are many more available SAFE jobs other than colorum real estate agency.
Colorum are real estate agents who possess neither PRC license, nor registration, and are generally considered illegal.
Be reminded of RA 9646, SEC. 39. Penal Provisions
Any violation of this Act, including violations of implementing rules and regulations, shall be meted the penalty of a fine of not less than One hundred thousand pesos (P100,000.00) or imprisonment of not less than two (2) years, or both such fine and imprisonment upon the discretion of the court. In case the violation is committed by an unlicensed real estate service practitioner, the penalty shall be double the aforesaid fine and imprisonment.
In case the violation is committed by a partnership, corporation, association or any other juridical person, the partner, president, director or manager who has committed or consented to or knowingly tolerated such violation shall be held directly liable and responsible for the acts as principal or as a co-principal with the other participants, if any.
Colorum real estate agency is a crime per RA 9646, and it is punishable by no less than P200,000 fine AND 4 years imprisonment. Paying tax for illegally earned income will not exempt the person from criminal liability. If you were a colorum in the past and you have a record in the BIR that you earned income as colorum, it would continue to give you a nightmare even if you have become a licensed practitioner recently. Becoming a licensed RESP at present or in the future won't exempt you from liabilities of real estate crimes you have done in the past. The Developers who employed colorum will not be exempt from the liability, in fact, they will be the focus of indictment because they can afford the fines. Government is desperate in raising revenues -- and I made a commitment some four years ago that I will never stop the anti-colorum crusade until the last colorum pays the penalty.
If there is anything else important that I forgot to include in this article, or if you experienced a real estate transaction that is anomalous, scam, fraudulent scheme that you want me to document and expose for others to be warned, or if you want to donate to the war chest of real estate consumer rights advocacy, please feel free to email me at JohnPetalcorin@Gmail.Com. If you want to comment about this article, there is a provision for this purpose that you can find below.
Thank you so much for visiting my site. May God Bless You!
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1 comment:
Show what you can do. This is important to be picked in any property investment. This is important because your boss should know what you can do and what you cannot.
http://realestateinvestmentinaustralia.blogspot.com/2012/12/involve-legal-representation-in.html
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