IPORESP declares LICENSING and TAX STRIKE
TO ALL: WE ARE ON LICENSING STRIKE NOW
WHO: Integrated Professional Organization of Real Estate Service Practitioners (IPORESP), covering Salespersons, Brokers, Appraisers, Assessors, Project Consultants.
START DATE: 17 JAN 2013. STOP DATE: Indefinite.
COMMAND RESPONSIBILITY: Rltr. John R. Petalcorin, Lead Convenor IPORESP. Government proposals for negotiations must be addressed to me. My contact information can be found in IPORESP.Org
DEFINITION: Licensing strike means we will not RENEW our licenses, nor will we take CPEs that are required to renew license until we lift the strike, nor will we pay TAX to any irresponsible government. To avoid penalties and surcharge for late renewal, within 30 days upon expiration of license, everyone is advised to give a letter to PRC and HLURB requesting voluntary suspension of license. At the bottom last part of this blog is the template wordings of the request for voluntary suspension.
RESTRICTION: I command a GAG ORDER -- no other negotiator in behalf of the LICENSED real estate practitioners other than myself. The protest will be non-aggressive, meaning, we sit back and relax and wait for them to initiate to come to us to make an offer. There will be no rally in the streets, no one will do follow-up calls or talks with PRC or any agents of the government. A silent protest assures a peaceful protest. But we can talk about it in Facebook and other Internet-based facility. You can share this post anywhere and anyway you like it.
MANDATORY COMPLIANCE: RESPs who refuses to obey the Licensing Strike Order shall be identified and shall face serious and long-term consequences within the internal business relationships in the IPORESP organization. No one can hide official records on dates of license renewal -- anyone who renews license while we are on licensing strike shall suffer the consequences in the future. If anyone is asked about license status, we answer: "I have a license but we are on licensing strike". Business operations continue while on Licensing Strike; but at the moment we escalate the protest to a National Strike, all clients and customers must be informed that we are On Strike and On Vacation.
CAUSE: Ever since in the 80's there are already government regulations that provide Brokers (and the legitimate Salesperson they supervise) the exclusive proprietary rights to exercise the practice and profession of the Real Estate Agent; also for Appraisers, and Consultants. But government, whether DTI or PRC or HLURB has never protected our proprietary rights as licensees. It appears to me that all of these real estate regulatory laws that promise proprietary rights to licensees are HOAX, a BIG GOVERNMENT SCAM, and FARCE (as one license striker call it). The government is not implementing the entire RA 9646, nor the PD 957, they just want the portions of it where they get money from us.
We, the licensed professionals, are LAWFUL persons, we are the good guys who are afraid of the LAW, that is why out of the hundreds of thousands of people making money in real estate, we have chosen to get ourselves licensed. But it is unfair, that since the approval of Real Estate Service Act of 2009 up to present, the government is still NOT WORKING to give the licensees exclusive right to practice the profession -- it's already FOUR (4) YEARS and we no longer accept any excuses by the government.
PROOF: We already gave official letter to PRC requesting them to immediately implement the provisions that are already LONG OVERDUE, they officially received it on record, but they ignored to act on it.
REMEDY: We want them to comply to our requests below before we talk about possibilities of lifting the LICENSING STRIKE. Let's SURVIVE in the long run by watching our costs so we can compete with the colorums! Just ignore the expense requirements on government (licensing, taxes, CPE, ethics). FIGHT GLOVES OFF! WALANG MAGBABAYAD NG TAX because WE ARE ON STRIKE. Hanggat hindi mag release ng Memo Circular to ALL Law Enforcement Agencies on the colorum eradication, WE WILL NOT PAY TAX, WE WILL NOT ATTEND CPE, WE WILL NOT RENEW LICENSES. If they will ask who is responsible in giving this orders, tell them my name and let them come to me.
TEMPLATE of REQUEST FOR VOLUNTARY SUSPENSION OF LICENSE
I am ___, a licensed _____, with license# ______, and my license expires on ____. I would like to file a voluntary suspension of my license so that my penalties and surcharge for non-renewal will not balloon. The reason of non-renewal is the CPE requirement is excessive/oppressive, failure of government to protect the exclusive proprietary rights of the licensees to practice the profession, non-implementation of law enforcement against colorum, etc. I will renew later on when the Licensing Strike is lifted.
Name, Date, Signature
NOW PLANNING THE NATIONAL STRIKE
If no talks will happen, a lot of our fellows will not be able to operate without license, so we may no choice in the future but to declare a National Strike. Licensing Strike is different compared to National Strike. In Licensing strike, we merely not RENEW our license for some reason but we will still continue to serve the public, and we don't announce it to the public customers. In National Strike, we temporarily freeze all workload and inform the public customers that we are ON STRIKE, REAL ESTATE SERVICE HOLIDAY, or VACATION -- for some reason.
CLASS SUIT AGAINST THE REAL ESTATE TYCOONS
We, the licensed ones (beneficiaries of the grandfather clause of the RA 9646), are also planning a class suit against the real estate tycoons. We believe that their engagement of colorums is a steal of our income, so we want to recover ALL OF IT that were stolen from us. At the end of this struggle, THERE IS TREASURE for the charter members of IPORESP. When there is damages, there must be just compensation - we should all be earning at least P2.5 Million a year as Brokers since we got our licenses had there been no colorums who stole our income. Besides, we need a 20-storey building for our Headquarters right in the middle of Makati Business District. Know how the government will help us EASILY pursue the colorums in bulk who earned in the past. Now that there is already money at stake, now is the time that I will entertain proposals from LAW FIRMS who want to represent the just compensation claim of IPORESP. Although the best to help us is DOJ, I would welcome any reputable private law firms.
ONE CLASS SUIT CASE FOR ALL ACCOUNTABLE DEVELOPERS
QUESTION: John, about the class suit. Is each developer a defendant? Are we the plaintiff? Will the developers be listed one by one?
ANSWER: I don't know how DOJ will go about it. But I think ang plaintiff "Rltr. John Petalcorin et. al.".
The investigator is still pulling out sample Tax Records of colorum agents (who earned and were withheld with income tax) of Developers, and they will check if the sample is licensed in PRC. Period covered will be 1 August 2009 onwards. If nor licensed, the Developer is outright included, big or small developer or realty marketing company.
Just one sample tax record is just a tip of the iceberg, but is enough to include a Developer or realty company in the complaint. Later on, when formal investigation starts, ALL agents of the developers will be license-reviewed comprehensively. Tax record is the primary evidence to show that the colorum actually earned as unlicensed agent. Penalty for each colorum is P200,000 fine and the employer developer or realty marketing company will be P200,000 fine. Regarding imprisonment, it will still be discussed -- and it would be exciting.
SOMEONE MUST BE HELD ACCOUNTABLE
There has to be government officials who will be blamed accountable for the colorum scandal. It's where the Ombudsman Case against PRC and PRB-RES will come in. All legal effort will be concerted. We already have evidence against PRC and PRB-RES -- failure to sign advisory on onset of anti-colorum provision of RA 9646.
BE PROUD TO BE ONE WITH THE IPORESP LOGO
On the Brokers' side, we are already having a Licensing Strike and soon a National Strike because of the PRC failures. So, everything is almost set on the table. In all these resistance against evil, they can see the logo of IPORESP in all letters to PRC. So, be proud you are a member of IPORESP.
THE CORRUPTION OF PRC
The Professional Regulatory Commission (PRC) is grossly partial in implementing the Real Estate Service Act of 2009 (RESA), thus causing UNFAIR COMPETITION in favor of those who don't voluntarily follow the RESA. To be able to compete in business, it is just right for us who follow RESA to set aside our eagerness to abide by the law for the meantime, temporarily, as we struggle to grasp for air as while we wait for PRC to fully perform its mandate. The corruption of the PRB-RES reflects the corruption of the PRC and the entire Aquino Administration. There is no denying, we can feel the pain of corruption through our skin and bones.
CALL FOR OBEDIENCE
Please OBEY MY LICENSING STRIKE ORDER because our numbers will help us get a better position in taxation. Government has been granting 5 years tax grace period to foreign investors; which means they can grant 5 years tax grace period to newly-established Real Estate Professional Offices and Schools operated by licensed Brokers, Appraisers, and Consultants.
Yes. Our STRIKE status is rational decision. We are lawful people. Myself, I have license, PTR, business permit, BIR Registration, and even pay my Cedula properly, and never been apprehended in any motor vehicle violation. I even have a principal place of business that is required by RESA, but most licensed brokers can't afford to have. I am even considered as the most active advocate for implementation of laws. I lead this strike, I am not running away, and I am just here waiting for invitation for formal civilized talks. As soon as government issues the Law Enforcement memorandum Circular, we will lift the licensing strike right away. For the meantime, maki-isa kayong lahat kasi makikinabang kayo sa benefit ng pressure ng strike. If they will ask you to explain violations, just tell them we are on strike, we are withholding our money that is supposed to pay government until government starts doing its job. If you are scared, then point your finger at me, tell them I am the one responsible in giving the orders, let them come to me.
CONSUMER RIGHTS ADVOCACY is the rationality behind the licensing strike. As consumers of government service, we pay licensing fees and tax, and in return, government is supposed to serve us by paying us back the law enforcement service that we are paying for. Nag downpayment na tayo, pero wala pa ang serbisyo na ating nang binayaran, so wala munang mag simula ng regular renewal payment to government hanggang hindi pa nakaka-deliver ng service si government.
DOES THE LICENSING STRIKE INCLUDE THE SALESPERSONS? ANSWER: Yes. Mas lalo Salespersons kasi hindi pa nila nakukuha ang PRC ID nila na BAYAD NA. Hanggat walang RESA Anti-Colorum Law Enforcement Memorandum Circular addressed to all law enforcement agencies of the government, walang mag renew ng license sa PRC, including Salespersons.
TRAFFIC LIGHT. The Licensing Strike is not a Red Light, nor a Green Light. It is a Yellow Light. We are merely preparing and getting ready. But we want to make sure that the Green Light and the Red Light are properly working and not being ignored. If this traffic light will not function and we cross the intersection, WE WILL ALL DIE! SO let's be safe. Yellow Light muna tayo. Wala muna mag renew ng License. Wala muna mag pay sa BIR. Pag ayos na ang traffic light, perfectly working na, mag renew na tayo ng license, at mag bayad na agad ng tax. Hindi na kailangan bumaba sa kalye para mag-sigaw-sigaw sa rally at mag dala-dala ng plackard. Pwede na yan ayusin ng gobyerno ang systema nila by just being a good listener to the people.
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.
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