A Law Exempting Homeowners Association from All Taxes

QUESTION: Rltr John, this is about Bureau of Internal Revenue (BIR) Revenue Memorandum Circular (RMC) No. 65-2012. Is there a law that we can cite as reference to debunk the BIR ruling that imposes VAT on Association Dues?

ANSWER: Oh yes there is.

Section 18 of the Magna Carta for Homeowners and Homeowners’ Associations (Republic Act 9904) of January 7, 2010, says: "Where the LGUs lack resources to provide for basic services, the associations shall endeavor to tap the means to provide for the same. In recognition of the associations’ efforts to assist the LGUs III providing such basic services, association dues and income derived from rentals of their facilities shall be tax - exempt: Provided, That such income and dues shall be used for the cleanliness, safety, security and other basic services needed by the members, including the maintenance of the facilities of their respective subdivisions or villages."

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So if your HA (including Condominium Corporation) wants to be exempt from that VAT on Association Dues, you get it registered in Housing and Land Use Regulatory Board (HLURB) as a Non-Stock Non-Profit Corporation.

Just a piece of offer, HA administration, real estate ownership, leasing, and selling are most of the time complicated. Your HA can get me as common consultant at very cheap retainer basis; so that in any moment your HA or your members need advice on any real estate issues, just have them ring me up.

As lead convenor of the Integrated Professional Organization of Real Estate Practitioners (IPORESP), I would like to encourage the Homeowners Association to maximize your voice in the real estate sector and expand your connections with the real estate professionals by registering (for FREE) to IPORESP. Homeowners Association are part of the IPORESP organizational structure, and in fact, the HAs have their own Cluster (refer to IPORESP By-Laws). If you have any question on this, please ask me.

As founder of the Realter Society, I would like to inform everyone that HA Administrators can avail of the right to use the Rltr (Realter) professional title by registering in Realter Society. HA administrators include those who manage the Administration of condominium and subdivision homeowners associations; General Managers of hotels, resorts, and Golf and Country Clubs; including Property Managers and court-appointed Estate Administrators. If you have question on this, please ask me.

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Adirondack Chairs is best for poolsides.

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I dedicate this blog to Kate, Alyssa, and Jessa, PUP students in Accountancy who are conducting a group thesis research on Value Added Tax on Homeowners Associations.

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UPDATE. June 2014. MANILA, Philippines - The Court of Tax Appeals (CTA) has ruled that condominium or association dues as well as other fees collected from unit owners are not subject to income tax and withholding tax. Read more at
http://www.philstar.com/headlines/2014/06/23/1337973/condo-dues-not-subject-tax-court

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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!

How IPORESP helps Broker business start-up

QUESTION: Sir John, I have no money to start-up a Broker's Office. All I have is a Broker license. Currently, I am a cell card salesman and income is very low. How can you help me start-up a Broker's Office?

ANSWER: That's a good question and I already have plans for that since way back 2010. Once IPORESP becomes AIPO, the first policy will be the imposition of the Professional Fees (PF). Then I will provide training modules on the PF Procedure to the CPE Providers. No licensed animal have ever seen or passed through this training module yet, so no one has bragging rights. The CPE Providers will have to READ the module and self-study on how to deliver the seminar and the ending exam. The training will be around 16 hours and will cost you around P3,200. Once you complete the training and pass the PF Service Qualifying Exam, you will purchase the PF Service Stamp Trodat from AIPORESP and you are already fit to serve the Professional Services and charge PF.

The next is to find you a place to set-up your work station. We will publish the list of "feasible areas", especially in municipalities where you cannot find any Broker. Business Associate Schemes (BAS) will also be established all over strategic city centers. In short, we want our Services to reach all over Philippines. This preparation will all happen within 3 months.

After you pass the PF training and have selected your place of business, we can sign as GUARANTOR for the nearest branch of LandBank to loan you business start-up fund so you can start it up. We are confident to guarantee because we are 100% sure that YOU WILL EARN GAINFULLY with the PF policy implemented and harmonized all over the Philippines!

What's preventing these programs from getting implemented is just those people sitting there in PRB-RES PRC.

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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!

IPORESP is good for the associations

IPORESP NOT CHARGING MEM-FEE IS GOOD FOR THE ASSOCIATIONS

Question: Sir John, is it good for the Associations if IPORESP will charge membership fees? How can IPORESP help the Associations?

Answer? IPORESP does not charge membership fee to members. One of the reasons behind it is we assume that members don't want to pay duplicate fees to the IPORESP and to their Association. Kung merong P1,000 naitabi ang tao, doon na lang yan niya ibayad sa mga Association nya para mag survive ang Association niya, hindi na makiki-agaw ang IPORESP dyan. Pag mag-charge ng membership fee ang IPORESP, ma-uubos yang members ng Association, iiwanan nila ang Associations nila, kasi ayaw ng tao ng doble-dobleng binabayaran.

IPORESP supports the Associations. In fact, later on, pag magka-sundo ang IPORESP and Associations, maaring ibigay na lang ng IPORESP ang "Peer-to-Peer Social Functions" sa Associations katulad ng Christmas Party, Team Building Activities, Holiday Affairs, etc. Pag binigay yang social functions to the Associations, the IPORESP will surely "encourage" all members to join at least one Association para makompleto ang kanilang pagka-tao kasi klailangan din ng tao ang peers para mag grow siya kasi ang tao ay "social being" yan. Pero hindi pwersahin ng IPORESP ang members mag join ng Association, i-encourage lang, i-promote lang, yung mga ayaw ehhh hindi pipilitin.

The Fall of PhilRES

THE FALL OF PHILRES

is caused by one thing. I asked them to post their plans, programs, platform, commitments that will justify the membership fee that they are asking. Wala silang mai-presenta.

Marami dyang AIPO aspirant. Pero ang daming maaring reason kung bakit walang masabing platform ang mga yan. Isa ay baka ayaw nila mag bitiw ng salita na maaring masagasaan ang mga colorum na nag puppeteer sa likod ng kanilang organization.

Ngayon meron na namang ibang grupo na tinutulak. Ang tinutukoy ko ay ang splinter group ng PhilRES na mga hard core handlers ng mga developers na maraming inaalagaan na colorum.

Madaling ma check kung bad or good ang intention ng aspirant. Tinatanong ko lang ang Platform (of course paki speedily explain kung mag-tanong ako). Usually, pag ill-intentioned ang isang grupo, wala yang platform, or puro general statement lang.

Ang IPORESP Platform ay napaka transparent and detalyado. Kaya ang mga "Intelligent Group" ng mga RESPs ay walang hesitation mag join sa IPORESP.

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.

https://docs.google.com/file/d/0B8jmICP_buu1MGRNYjZxbndaOGc/edit
https://docs.google.com/file/d/0B8jmICP_buu1ekQtTjBOTVJvUEk/edit
https://docs.google.com/file/d/0B8jmICP_buu1bVJmWGJIaUhpY1U/edit
https://docs.google.com/file/d/0B8jmICP_buu1aUx4WlFvMUwxRjg/edit

TEMPLATE of REQUEST FOR VOLUNTARY SUSPENSION OF LICENSE

Dear PRC/HLURB:
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.

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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!

PROFESSIONAL FEES

QUESTION: Rltr. John, businesswise, what will be the new practice when IPORESP becomes AIPORESP?
You will reap the fruits of your licenses and get the DIGNITY of the profession. All Brokers and Appraisers who want to be listed in the Directory as "ACTIVE" will be required to set-up an office and have Official Receipt. We will MANDATE charging of PROFESSIONAL FEES on the following services menu. Ang hindi susunod, ma charge ng violation sa ETHICS! Walang colorum na palalampasin, ipakulong lahat, mga developer na nag employ ng colorum kakasuhan at singilin ng IPORESP ng P200,000 proprietary infringement damages.

PROFESSIONAL SERVICE MENU AND TARIFF

• Percentage Commission (separate table of standard will be provided)
• Verbal Consultation (in office) - P500
• Verbal Consultation (outside office) - P1,000 plus gas
• Issuance of Prescription (checklist of required documents) - P500
• Entry/Edit/Upload of Record in PNLS - P500
• Print-out of Listing Record from PNLS - P200/property
• Acceptance of Authority to Sell/Lease - P500
• Property Management - P20,000 per year
• Stamping of Clearance on Reservation Form - P500
• Stamping of Clearance on Contract to Sell - P500
• Stamping of Clearance on Deed of Sale - P500
• Stamping of Clearance on Start of Lease Contract - P500
• Stamping of Clearance on Ending of Lease Contract - P500
• Stamping of Construction Clearance by Real Estate Project Developer - P1,000
• Record Verification in Registry of Deeds - P1,500
• Record Verification in Assessor's Office - P1,500
• Entry-level Seminar of Salesperson - P3,000
• Management and Supervision of Independent Salesperson - P12,000/yr
• Photography of properties for sale for advertising purpose - P1,500
• Advertising clearance - P500
• Regular Routine Appraisal for Tax update purpose - P500
• Special Mandatory Appraisal of property for sale - P10,000
• Successful Colorum Reporting - P100,000 (payable by IPORESP)
• Waiving of Professional Service Fee, on case to case basis, would require BIR Clearance.

VAT ON PROFESSIONAL FEES

QUESTION: Are those rates quoted inclusive of VAT?

ANSWER: No. It does not include VAT. The service provider will add on it either 12%VAT or 3% Percentage Tax.

CALL FOR UNIFICATION

Now, why are you just sitting there? Everyone must help, you and me, everyone, in finding the RESPs and making them sign-up in IPORESP.

Meron pang mga provinces and municipalities na walang Brokers. Once we set up the AIPORESP, PNLS, and Professional Fee System, please try to explore the possibility of moving to the provinces and set-up your office there para maserbisyohan ang mga tao.

ADVERTISING CLEARANCE

QUESTION: Rltr. John, I read Advertising Clearance in the Service Menu of Professional Services. What is that?

ANSWER: With the PNLS up and running, LAHAT po na properties for sale and lease makikita po sa PNLS. LAHAT as in LAHAT, may broker man yan o wala.
Real Estate Advertising Companies, mga classified ads like Buy and Sell, SUlit, AyosDito, etc. whether online or print, will be Regulated. Bago ma ADVERTISE ang property, kailangan po ng Advertising Clearance and PNLS Upload, a procedure that is exclusively done by licensed brokers. Sa mga kaya po mag DIY sa pagbebenta ng properties nila, pwede po iwasan ang Agency Service (pagbabayad ng commission); pero hindi pwede iwasan ang pagbabayad sa Advertising Clearance and PNLS Upload.

SALESPERSON SEMINAR COST

QUESTION: Nikko Mahor: Entry-level Seminar of Salesperson - P3,000. Sir John, ang current price ay nasa 1.5k-2k lang po... you might want to adjust para pumareho lang sa existing providers.
answer: You need 16 hours of Salesperson Training -- essentials lang yan. At P200 per hour, that should be P3,200. Eight hours dyan ay sa Governance. Another eight hours sa Specific Products. Sila ang mag adjust sa akin. I am not the one who will adjust to them.

SALESPERSON SUPERVISION

QUESTION: Rltr. John, what is that Management and Supervision of Independent Salesperson (P12,000/yr) in the menu?

ANSWER: Salespersons need Brokers to attach their registration under; and also to supervise their compliance to governance. Salespersons can either be EMPLOYED under the broker or INDEPENDENT under the broker. Pag employed, COMMISSION SHARING SCHEME. Pag independent, yan ang P12,000 Supervision Fee na babayaran niya sa Broker.
But take note that JSA na ang gagamitin. Under the JSA, the Salesperson is provided by the Broker with a list of 56 Prospective Buyers to work on for the next 12 months, within the region lang para hindi siya masyado mabigatan sa transpo. Separate topic yang JSA.
So, each Salesperson wannabe is looking at investing around P15,000 while looking at a potential income from a list of 56 Prospective Buyers.

As a matter of cross reference, please read also my blog titled "Here's A Good Deal for Salespersons".

WHO WILL DO THE SALES WORKLOAD?

QUESTION: Sir John, pwede ba personal na mag benta benta si Broker?

ANSWER: Hindi. Ang benta-benta ay trabaho yan ng Salesperson at hindi makikipag kompetensiya ang Broker sa Salesperson.

MANDATORY APPRAISAL

QUESTION: Rltr. John, ano po yang Mandatory Appraisal?

ANSWER: Magkakaroon ng government legislation (probably amendment of Local Government Code) na lahat na real estate property ay kailangan ng mandatory appraisal report every five years for Assessed Value Update purposes. The Appraisal can be done by private Appraisers. The asking price of all properties for sale will use the data from the Appraisal Report.
So, the active Appraisers gotta have good walking shoes and must know how to do it in a quick manner. As soon as the law takes effect, we have 5 years to prepare the procedure and set-up the Appraisers' Principal Place of Business (PPB) nationwide to assure the public that we can absorb the workload that will arrive like a tsunami. People will surely fall in line on queue to get the Appraiser's service.

FREELANCE AGENTS?

QUESTION: Nikko Mahor:"Salespersons can either be EMPLOYED under the broker or INDEPENDENT under the broker. Pag employed, COMMISSION SHARING SCHEME. Pag independent, yan ang P12,000 Supervision Fee na babayaran niya sa Broker." Question: When you say independent, I take it to mean freelance, sir?

ANSWER: Freelance refers to TIME committed for work. Parang Part-time salesperson sa weekend, pub dancer sa gabi, katulong sa araw. Gets mo? Independent means the working relationship of between the Broker and Salesperson is on INDEPENDENT CONTRACTOR basis. Now don't blink about the innovation that am about to say. Under the Independent Scheme, the Salesperson gets the Broker as Independent Contractor to provide him with Management and Supervision Services. So hindi na kailangan ni Salesperson magkaroon ng sariling Official Receipt. Only the BrokerOffices are required to have ORs. The Independent Salesperson pays the Broker P12,000 for one year and he/she gets one year Management and Supervision service -- the Broker will issue Official Receipt to the Salesperson for the P12,000 and also for the P3,000 training. As independent contractor scheme, the Salesperson gets 100% of the commission.

STAMPING SERVICES

QUESTION: Rltr. John, what is that Stamping? Where will we get the stamp?

ANSWER: IPORESP will have exclusive authority to manufacture and sell the TRODAT stamper for Project Development Consultants, Brokers, Appraisers, and Salespersons. Mabibili yan only from IPORESP. All stampers will have a print record in IPORESP. Just like in firearm registration, merong storage ng sample slug yung baril mo sa Firearms and Explosive Unit ng PNP. Ganun din yang mga Trodat Stamps na yan. In this way, IPORESP can quickly check if the stamped documents in the grounds are genuine -- for fraud detection purposes.
Under the new set-up, no real estate document is legal unless it carries the stamp of the licensed ones. No document gets stamped unless it passed through the due-diligence scrutiny of the licensed ones. Say goodbye to fraud.

CUSTOMER HAGGLING FOR REDUCTION OF PROFESSIONAL FEES

QUESTION: Rltr. John, how will we handle the situation if the customer will haggle for reduction of Professional Fees?

ANSWER: You tell them you will lose your license if you will not follow the IPORESP Prescribed Tariff. As a professional, you will be trained and audited to follow PROCEDURE. If you will not follow procedure, say goodbye to your license. Discounts will be given to Senior Citizens, Disabled,and Student customers. Waiving a fee is hassle because it will require BIR approval.

ON CONSULTANTS

Consultant's specific JOB per RA 9646 is PROJECT DEVELOPMENT (Condo and Subdivision). In my old blogs, I already mentioned that ALL ENGINEERING PLANS for new Houses, Subdivisions, Condominiums, and Townhouses will have a separate box for Consultant's Stamp. Local Government Code will be amended to insert this policy in the requirements for issuance of Construction Permit.

QUESTION: Lebb Medina Tibio: You mean to say that all proposed projects done primarily by Architects Planners,Urban Planners and other allied services should pass the stamp box of the Real Estate Consultant for a fee? For what kind of scrutiny or review they may want to employ when the truth of the matter, these multi-discipline sectors such as Urban Planners and Architects are already experts in their field of endeavor.What value of service they may want to render? I think it's more complicated.

ANSWER: YES YES YES YES with exclamation mark! Must have a Stamp of the Real Estate Consultant to ensure that it is compliant to the restrictions of the "community". We will use the Consultants on technicalities they are trained for the benefit of the subdivision, village, or community -- especially on the ENVIRONMENTAL and CONFORMITY aspect. It's okay to be a genius architect who builds round-shaped buildings, but we are doing the Developer a favor here and we want the Consultants to do the job to ensure that you conform if the Master Deed if ever it wants a box-shaped buildings inside their village.

Urban Planners, Engineers, and Architects will still have their stamp boxes in the plans; but we will ADD the Real Estate Project Developer (Real Estate Consultant) box. In short, the others will still have a space to sit in the jeepney, pero umusog lang ng konti kasi papasok at uupo si Consultant sa jeepney.
Now listen to what I am about to say. The Term Real Estate Consultant will be changed to Real Estate Project Developer in RA 9646 amendment.

The term "Consultant" will then CAN be used by Brokers, Appraisers, Real Estate Project Developers, and even Salespersons.

EFFECT OF NUMBER OF RESPs ON PROFESSIONAL FEES

QUESTION: Sir John, what determines the rate of professional fees?

ANSWER: The number and provincial distribution of licensed Brokers and Appraisers will determine the market price of the real estate services Professional Fees. In economics, supply and demand determines the market price. No problem about the demand because IPORESP will surely push for the mandatory due diligence processes in all real estate transactions that will require all customers and clients to have their documents reviewed and stamped in Broker office. On the supply side, the fewer the service providers, the higher the fees; the greater the number of service providers, the lower the fees. That is why when I say that the LAW SAYS that the onset of 4 year BS REM as requirement for exam starts June 2012, it should start on June 2012. There should be 4-5 years moratorium of new licensees and the law already provides for this moratorium. It is very difficult to make a stable price determination if the number of service providers keep on growing.

ONSET OF IMPLEMENTATION OF PROFESSIONAL FEES

QUESTION: Sir John, when is the onset date of implementation of Professional Fees?

ANSWER: Professional Fees cannot be implemented effectively at the ground level without AIPORESP that will mandate the (1) office set-up requirements, (2) standard due-diligence procedure, business process, (3) standard rates on all RESPS, and (4) taxation. There are still procedural training to be done by Salespersons, Brokers, and Appraisers to enable them to perform services that gives them the right to charge professional fees. The Professional Fees is a program of IPORESP and we understand that there are real estate practitioners who oppose it, especially the old-minded ones. RESPs have to rally behind IPORESP, by signing up through the membership process of IPORESP.ORG if they want to speed up the implementation. RESPs who have not signed-up in IPORESP are assumed and considered to be anti Professional Fees, and the anti group puts a lot of stress on the program. For example, now, IPORESP is on Licensing Strike because of red tape in PRC -- the strike gives a lot of stress on the timely implementation of IPORESP plans and programs.

PROFESSIONAL FEE IS ALSO A MECHANISM TO ERADICATE COLORUM

QUESTION: Rltr. John, can professional fees help in the colorum eradication?

ANSWER: Once the Professional Fees are fully implemented, the colorum will be eradicated for many reasons, such as: (1) advertising companies online and print will no longer accept request for advertising without advertising clearance from a licensed broker, (2) deeds of conveyances will already be required to get a broker's clearance stamp before notarization, (3) among others. The PNLS of IPORESP is also a sure effective way to eradicate scams and fraud in the real estate market because there will no longer be property that will be advertised for sale or lease without proper due-diligence clearance by the licensed brokers.

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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!

Foreign Reciprocity

QUESTION: Rltr. John, what is foreign reciprocity? How is it applied to real estate service? What is the position of IPORESP on foreign reciprocity?

This is a very nice advance topic. But I will give it here now before I go out and relax. Foreign Reciprocity is the effect of globalization. It's like world trade. It allows practitioners of one country to practice the profession in another country.

The primary link of foreign reciprocity is harmonization of procedure and performance audit system. Until such time will come that how it's done here becomes similar to how it's done in other countries, we can never achieve foreign reciprocity.

The primary barrier of globalization is TRUST FACTOR. Since laws and procedures in one country is different from the other, they don't trust one another. So, for now, in real estate service, there is no country yet that has foreign reciprocity agreement with another country.

IPORESP is in favor of foreign reciprocity because we want to EXPORT our skilled professional salespersons, brokers, appraisers, and project developers overseas; and we want them to be "acceptable" in other countries. But we want to make sure that we are the nucleus of this global development, not the periphery. Now, this is a long shot vision, but we will achieve it using two strategies: (1) PERFECT our procedures here in Philippines, and (2) cultivate the Realter (Rltr) as the medium to penetrate (through harmonization) the practitioners in other countries.

I felt like the information is too overwhelming for you. It's too deep. I'd rather we talk about it some other time when we achieve more in perfecting our procedures here in the Philippines.

Licensing Strike! Broker closing shop!

You did a lot of effort to become a Broker because you believed that real estate sales in the Philippines generate THRILLIONS of sales each year. Your belief is reinforced with the sight of towering high-rise condominiums all over Metro Manila (that has caused the congestion of the metropolis). You are aware that at present, there are already around 20,000 Brokers. So, you, picked up your 10 digit calculator to estimate the 5% commission from a thillion pesos and divide it by 20,000. Assuming you are equally competent than everyone else, you should be earning around P2.5Million each year, as a Broker -- so you run in a hurry to BIR and register yourself under VAT.

Well, let me tell you the truth. I myself, whom you recognize as one of the powerful Brokers in the Philippines, is not earning that much as a Broker. You, me, all Brokers are not earning that much, right? But our expenses in license, seminar, professional bond, memberships in associations are SURE EXPENSES that we can't escape;and we spend for these things because we believe in legality and righteousness.

Now, where is your P2.5M share of the industry? Where did the money GO? Do you know who raked in the income of that huge agency profession? It's the COLORUMS -- the unlicensed real estate practitioners whose operators are TOLERATED and PROTECTED by the Philippine Government.

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. But government, whether DTI or PRC or HLURB has never protected our proprietary rights. 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 -- parang mga sahuran na pa-upo-upo lang mga bantay-salakay na tumatanggap ng pera pa-ilalim mula sa mga mayayamang criminal na nag-eexploit ng services ng mga walang lisensyang real estate colorum agents.

As Lead Convenor of IPORESP, I have thousands of licensed practitioners who follow me. In my previous blogs, I frequently mentioned an encouraging note on getting business licenses, BIR registration, and official receipts, etc. etc.; but time had reached a point when I have so say we had ENOUGH of this cruelty by the government. Now the irony is, yesterday, I went to Manila City Hall to get a Business Retirement Form to close REIBS.COM Real Estate Information and Broker Service. Closing shop, in fact have already stopped operating as a business since 31 December 2010, yet retaining the professional license, is the best decision I ever made since the last time I got disillusioned since the approval of the Real Estate Service Act of 2009. This week, I will also go to HLURB to voluntarily suspend my HLURB Registration so that I will not incur penalties and surcharge later on when I register again. I have the same plan for my PRC license, I will have it voluntarily suspended to escape the yearly surcharge when I renew later on.

I know our sector is frustrating; but I discourage everyone from reaching an extreme point just like the incident of a Broker hanging self last October 2012.

Don't worry, this is no big deal. Brokers who are honest about their finances will sure follow my course of action, no big deal. I am not surrendering, I am just retreating. I will open up the business again in the future; but not until PRC signs the advisory that the same law enforcement procedure that is applied on the other professions will apply to the real estate service.

RE: IPORESP. Everyone will FOLLOW my lead. No one will renew their license. No one will establish a business. No one will pay their taxes. But everyone will continue to operate, serve the people, and bring that scraps that you earn into your family's table. Lalangawin ang PRC and HLURB. That's what will happen. We call it Licensing Strike. Only those who tolerate the corruption of PRC and HLURB will renew their registration, and we want to know WHO THEY ARE -- they can never become pillars of the IPORESP. Definitely, no rally in the streets.

The driving principles behind the advocacies

Ensuring the proprietary rights of the licensees in the exercise of the profession, Reducing he costs of licensing requirements (initial and renewal);

Leveling the playing field through open directory and non-discriminatory access to the services of the AIPO;

Strict law enforcement to eradicate colorum practitioners;

Eradicating the scams, schemes, and anomalies through liberalization of post-licensing education;

Protecting the intellectual property rights and putting value on the products real estate educators;

Inclusive governance through wide and democratic public consultations; and

Tax incentives and exemptions to start-up real estate firms.

Life cycle of realty practitioners in the Philippines

The image below depicts the life cycle of real estate practitioners in the Philippines. IPORESP strongly advocates the reversal of the cycle. Please help in looking for all real estate service practitioners who are scattered out there and assist them to sign-up in IPORESP, for FREE. Please feel free to share or tag yourselves in this advocacy image. More power!

That is the traditional life cycle as a result of the existence of PAREB, REBAP, and now PHILRES. Sa akin, hayaan ko naman yan sila mag exist kasi baka meron ding mga mayayaman na RESP na maraming pera na iwawaldas sa kanila. Pero hindi ko palulusutin yang influence nila sa PRC Policies na gagawing SAPILITAN ang pag-tangkilik ng kanilang mala-garapatang pamimiga ng katas ng mga payat na RESPs. There is no need to stain your own hand with blood in fighting for our survival. Just sign up in IPORESP.ORG just like the thousands of our fellow RESPs, ako na bahala makipag-laban.

WILL IPORESP CHAPTERS COMPETE WITH ASSOCIATIONS?

Yes. IPORESP is dominant at the national level, so we "pressume" that we are also dominant at the local level.

Nevertheless, we know that there will be other Associations that will co-exist with IPORESP Chapters at the local level. In the event the number of members of other Association at the local chapter will become greater than the number of IPORESP members in that same locality, IPORESP members in that locality will be encouraged to join-in and merge with the dominant Association. IPORESP will not mind if one of its local chapters will be named after the dominant Association, as long as that particular Association holds a PRC Certificate as an APO.

Kung walang APO Certification ang dominant association sa local level, for sure I will extend my arm and money, grab them by the neck, and use whatever force is necessary to bring them to PRC so they will get their APO Certificate.

PRC has strong stand but weak reasons in ordering postponement of PhilRES Election

IPORESP will become APO in the future, just like PHILRES. And I don't like it when PRC shows unnecessary force and inappropriate administrative dictation over the internal affairs of any APO, especially if there is nothing illegal in the activity of the APO (such as conduct of election). IPORESP will be the first to object if the grounds for reprimand or disaccreditation of PhilRES is based on such a WEAK reason of non compliance to PRC's advisory on election postponement. However If PRC will cancel PHILRES accreditation certificate based on its failure to provide proof of 50% membership, then PRC will have a solid legal basis and is just doing the right thing, no objection from our end.

By the way, perhaps PRC Chairperson Manzala forgot that it was PRC that reviewed and adjudicated the approval of PhilRES By-Laws way back a year ago. So, it's not about the by-laws, it is all about the ELECTION, perhaps they want a non-PhilRES to infiltrate and rule PhilRES. If I were PhilRES, I will simply ignore the letter of Manzala until she can prove that the revision of Phil-RES By-Laws will guarantee that IPORESP (who holds the dominant share of the RESPs now) will join PhilRES.

For everyone's information, IPORESP will NEVER join PhilRES because of conflict of interest. While the people behind PhilRES wants to cannibalize the RESPs with their CPEs and Seminars, IPORESP advocates reduction of CPE Costs if not Repeal the CPE as a condition for renewal of professional license.

Regarding PAREB's lobby to insert a provision in PhilRES By-Laws that will self-restrict PhilRES from forming chapters, I consider it an absurd idea from an association that is competition-coward. CHAPTERING is part of the right of local RESPs to organize. There is no legal, moral, rational, nor strategic reason to put a provision that restricts Chaptering in the By-Laws of any APO or AIPO.

Speaking of numbers, the WILL of IPORESP is the WILL OF THE MAJORITY. Even if you add up the members of PHILRES, PAREB, REBAP, and other associations, they will be outmatched by the number of IPORESP, and I will prove this using public data of membership list when IPORESP registers in SEC.

WHAT ARE THE ADVOCACIES OF IPORESP?

MESSAGE TO ALL

Welcome to IPORESP. Joining the IPORESP FB Group will enable you to read postings that are in line with the mandate to integrate in the Integrated Professional Organization of Real Estate Service Practitioners (IPORESP) per Section 34 of the Real Estate Service Act (RA 9646 or RESA Law of 2009). But joining this FB Group is not enough, you should sign-up quickly using the IPORESP Online Integration Form (Paperless) to complete the integration process. We actually have to Two Types of IPORESP integration Form, the paperless and the paper form. The paperless form is a hassle-free form. The paper form has a special option where you can indicate if you want to just be a Confidential Member (for whatever reason you have).

This IPORESP FB Group started in 2009 and is dedicated for broadcasting information and advocacy for genuine AIPO Formation purposes. At present, we, IPORESP, already hold the dominant share of the over-all number of PRC-Registered real estate service professionals, yet, we still continue to reach out to our fellow RESPs who are not yet aware of our integration.

Below are the IPORESP Advocacies.

Those advocacies listed in the image above is not all that there is in IPORESP. We have many more high-impact advocacies such as reduction of Professional Bond (RESA Sec 26) from the now excessive amount of P20,000, down to the traditional DTI amount of P5,000, or much better if we can REPEAL it to conform with the other professions. We also have the most widely-consulted input in the drafting of Code of Ethics and Responsibilities (RESA Sec 35), advocacy for PRC to release Directory of Real Estate Service Practitioners (RESA Sec 22), advocacy for timely implementation of onset date of the BS Real Estate Service requirement in licensure exam (RESA Sec 14B), advocacy timely implementation of provision that requires government position to be filled with licensed RESPs (RESA Sec 30), advocacy for reduction of Salesperson Seminar hours from 120 to 16 (RESA Sec 31), and many many more exciting advocacies that are consistent with RESA RA 9646 that we can ALL benefit from.

Once you complete the IPORESP Online Membership Form (don't worry, it's absolutely free) you are automatically included as among the supporters of the IPORESP advocacies. The more we are, the merrier, the stronger our advocacy.

Speaking out of experience, carrying out a serious advocacy at the front-line is very nasty, risky, and sometimes bloody. The front-line is not for the inexperienced and faint-hearted. In terms of numbers, we are dominant, hence we are a force to reckon with. In terms of endurance through time, we can outlast them because we are generally younger and we have supporters who supply my favorite coffee endlessly (with cream pa). Most of all, we trust God to help us through the storm.

To ensure that all supporters are in a risk-free position, I have committed myself and my machinery to be the one at the front-line to represent all supporters of the IPORESP advocacies; but I expect that all supporters at the back-end must do their share of the workload in recruiting more and more supporters. Ako na bahala mag represent sa ating lahat para hindi na kayo ma-abala makipag-bunong-braso sa mga kinauukulan. As one anonymous texter said, "I can sleep well at night assured that IPORESP leadership faithfully advocates the common interest of the small RESPs like me. I sign-up in IPORESP, I remained silent, and just let IPORESP do the fighting that I can't do. IPORESP is THE BEST!"

Please be informed also that our advocacies have oppositions, we have enemies, mainly from groups who want to make us a milking cow. We call these opponents as the Garapata, coined from the tagalog word for ticks (blood suckers). You can easily detect them because they hate the advocacy-leaders of IPORESP, and their mouth smells bad, if not sealed, whenever you ask their position on IPORESP advocacies. To make it simplier for you to be forewarned, I will tell you frankly who these groups are, we have in the list are PHILRES, PAREB, REBAP, and CREBA, etc who are controlled by the usual mafias/trapos in the Real Estate Service for the past two decades. Remember, it is IPORESP vs OTHERS. Marami kayong makikita nga mga grupo grupo dyan, mga luma at iba mga bagong sulpot. Pero dalawang spirit lang yang naglalaban -- IPORESP vs OTHERS. Ang mission ng IPORESP ay to decrease your expenses of getting and maintaining your license. The mission of the OTHERS is to satisfy their selfish interest to make money from you via excessive Salesperson Seminar hours, excessive CPE hours, excessive Memebership Fees, excessive Professional Bonds, unecessary sale of Certificates of Good Standing. While IPORESP struggles to push its demands for TIMELY implementation, through issuance of PRC ADVISORY, on the ANTI-COLORUM DRIVE, ONSET OF 4-YR BS REM AS REQUIREMENT FOR EXAM, and other lawful advocacies, the other groups are lobbying for DELAY of implementation so they can continue raking in ill-gotten profits that are being bled out of the sweat and blood of hard-working and license-loving real estate practitioners.

By the way, in IPORESP we want all our members to be followers and leaders simultaneously so that there will be balance in their social development. We would be very happy to know if you want to hone your leadership skills in IPORESP. We have many IPORESP Chapters/Clusters and many IPORESP Director Positions you can choose from. It's very easy to get appointed to a Director position. We encourage everyone to become leaders. We won't treat you less if you are newbie in the real estate service sector. We guarantee, we will quickly appoint ALL who are willing to lead. You will be asked to choose from the different Director positions when you complete the IPORESP Online Membership Form.

As of 8 November 2012, we already have sufficient number to become one of the PRC-Accredited Professional Organizations (APO). Hence, we have formally started our application for accreditation in PRC and SEC, in consistent with existing rules, regulations, and laws governing our profession. After we get our APO status, we will then proceed with presenting our long list of thousands of members so we can get the AIPO certification and we can then change our group name from IPORESP to AIPORESP.

While we are still in the pipeline of the formation process, please populate your cluster and chapter by inviting at least ten of our fellow-real estate practitioners to join IPORESP and don't forget to assist them in completing the IPORESP Online Membership Form

Our official communication medium for AIPO Formation purpose is at http://www.facebook.com/groups/IPORESP

Lastly, please be informed also that IPORESP is the one and only gateway to becoming a member of http://RealterSociety.Org, the registry that owns the patented Realter and Rltr professional titles for real estate service practitioners worldwide.

Maraming salamat.

Truly yours,

Rltr. John R. Petalcorin
Lead Convenor and Organizer, IPORESP.ORG
Founder, REALTERSOCIETY.ORG

WHO WILL FORMALLY PRESENT IPORESP TO PRC?

With the impending cancellation of PRC Accreditation of PHILRES, there are some individuals who bolted out of PhilRES who regrouped and already started to make representations in PRC on the formation of a new APO. One of our Board of Trustee was invited to attend the regroup meeting today, but I did not give the authorization so he did not attend.

If there are individuals who wants to play a key role in the IPORESP, the only thing we tell them is the generic thing we tell to EVERYONE -- sign-up in IPORESP.ORG now and volunteer to hold an Director/Officer Position and you will get the position. IPORESP have many vcant Director Position that need to be filled in, there is no need to squabble. Even if you are an officer of your Association, you still have to sign-up in IPORESP in order to be recognized.

With regard to the question of who will formally present IPORESP to PRC, the answer is ME ALONE. You have already authorized me when you signed up, so there is no need to put everyone into the inconvenience. I will represent you all. That is my duty as CONVENOR. I am the one accountable to that. I should know the BEST TIMING.

IPORESP WILL BE PRESENTED TO PRC SOON AND WILL APPLY FOR RECOGNITION MERELY AS A PROFESSIONAL ASSOCIATION.

IS REVISING PHILRES BY-LAWS A SOLUTION?

QUESTION: Sir John, who are the APPROPRIATE persons who have the right to alter the By-Laws of PhilRES? Can external bodies like members of PRB-RES and representatives of other Associations participate in REVISING the By-Laws of PhilRES?

ANSWER: Just refer to what the PhilRES By-Laws says. Normally, in almost all organizations, the By-Laws can only be revised through a process of a National Assembly of its General Membership. The By-Laws are commitments and obligations of the organization that is being PROTECTED by SEC. No Organizational By-Laws can be revised by an external body. Only the General Membership of PhilRES can revise its by-laws in a democratic process.

So it is STUPID when they ask me to join a the council that will revise the PhilRES By-Laws because I have nothing to do with PhilRES, I am not part of it. Very stupid are those those non-PhilRES persons who thought of wanting to revise PhilRES By-Laws. They should read this paragraph.

You see, no way out for PhilRES, but straight to DESTRUCTION kasi no choice ang PRC but to cancel their APO Accreditation kasi hindi na meet ang requirements eh since the beginning until the end. Matagal ko na sinasabi eto. Noon pa man, I already saw the events that unfold now. I had visions. Believe it or not.

Sabi ko, INTEGRATE FIRST before accreditation. Ako lang mag-isa nagsasabi, pinagkaisahan nila ako ang dami nila ayaw maniwala, so tingnan mo ngayon, we WASTED three years kasi nag give way tayo sa kanila ehwe waited patiently. Now it is our time naman, tayo na dominant ngayon because we integrated. Accomplished na tayo sa Integration, so the next thing is Accreditation na. Maging sports naman sana sila, parang basketball, its our turn to dribble the ball and take a shot, pwede sila mag guard pero bola natin eto this time.

Knee-Jerk Response to PRC Invitation

This is regarding the invitation for IPORESP to attend the meeting of the various Associations to amend the By-Laws of PhilRES.

We are not interested about that meeting because the same people have done that meeting a million times already. I would suggest they READ and READ and READ again RA 9646 and remove the SELFISH INTERESTS in their hearts before they show a nerve to invite me in any meeting. I will not come to a meeting only to TEACH RA 9646, unless they pay me per hour of my attendance.

Manzala said matatagalan nanaman daw bago maka buo ng bagong AIPO, so they will just bend the PRC rules and remake the PhilRES? She is wrong and someone must tell her she is damn straight WRONG. She just said that because she is puzzled too and have not read RA 9646, just like the rest.

We guarantee that as long as PRC will not red-tape the IPORESP formal letter and will just treat us FAIRLY following the standard rules and regulations of PRC, a new and better AIPO will be formed before the end of December. Next week, 12 Nov 2012 Monday, I will bring my formal letter to PRC to be received by the office of Chairperson Manzala.

For everyone, whether you are an officer of an Association or a barbarian (no Association), there is only ONE GATE into AIPORESP and the gate is you have to SIGN-UP first in IPORESP.ORG

Akala nyo nung nabasa nyo na ang Draft By-Laws ng IPORESP ehh pwede nyo na i-paraphrase at i-apply sa PHILRES? You are damn wrong and you will face infringement of intellectual property for such act. And remember, that is a DRAFT, so CAVEAT EMPTOR, maybe it is a TRAP. So don't be confident about it. A DRAFT BY-LAWS is 1,000 kilometers behind the FINAL BY-LAWS of IPORESP.

Where is the FINAL BY-LAWS of IPORESP? Wait lang, it will become a OFFICIAL PUBLIC DOCUMENT that you can request a copy from SEC.

2009-2012 hinayaan ko lang yang mga yan sumandok diretso sa kaldero. Ang dami-dami nila versus ako lang mag-isa. Three years ang timeframe nila na i-form yang AIPO. Ngayong PALPAK ksila, mahiya naman sana sila at itigil na nila yang kaka-attempt gumawa ng AIPO. IT'S OVER! Sobrang tagal na nang paghihintay ng mga RESP ng pagbabago, walang nangyari sa pamumuno nila! Tapos mag meeting nanaman sila sa 14 Nov, HINDI NA NAHIYA, ANG KAKAPAL NG MUKHA, AT ISASAMA PA AKO! The advocates of full implementation of RA 9646 will prevail over those who wants to bend it for selfish interest.

IPORESP is coming in. Just watch how smooth our docking maneuver will be.

Kapag ako ma high-blood, SIGE HAYAAN KO NANAMAN YAN SILA FOR THE NEXT 3 YEARS. I can wait.

PRC RECEIVES TWO OFFICIAL LETTERS FROM IPORESP TODAY

11/8/2012 IPORESP JOURNAL. PRC RECEIVES TWO OFFICIAL LETTERS FROM IPORESP TODAY: (1) Request for PRC Accreditation Certificate of IPORESP as a Professional Association for SEC Registration Purposes and Request for Master List of PRC-Licensed Real Estate Service Professionals, and (1) Request for Cancellation of APO Certificate of PhilRES. // JRP

Letter #1 http://iporesp.org/LetterToPRCrequestForRecognition.pdf

Letter #2 http://iporesp.org/LetterToPRCrequestForPhilREScancellation.pdf

Kung gusto nila ang IPORESP ma-obliga mag attend ng meeting ng mga Associations on AIPO Formation, madaliin nila yang pag release ng PRC Accreditation Certificate for IPORESP as Professional Association para maka register na tayo sa SEC. Ganyan lang ka simple yan. Pag i-red-tape nila yan, mas lalong lalakas tayo as an informal revolutionary movement ng mga individual RESP.

IS THERE A WAY FOR IPORESP TO JOIN THE MEETINGS OF ASSOCIATIONS ON AIPO FORMATION?

YES there is a way. That is why yesterday I personally delivered our official letters to PRC. Delivering the letter four days ahead of schedule should be considered by everyone as a strong signal that I am "excited" to join them.

Kung gusto nila ang IPORESP ma-obliga mag attend ng meeting ng mga Associations on AIPO Formation, madaliin nila yang pag release ng PRC Accreditation Certificate for IPORESP as Professional Association para maka register na tayo sa SEC. Ganyan lang ka simple yan. Pag i-red-tape nila yan, time is in our favor, mas lalong lalakas tayo as an informal revolutionary movement ng mga individual RESP.

IPORESP is growing fast because we have a non-discriminatory recruitment policy, besides the fact that IPORESP membership is FREE, no joining fee, no monthly/annual dues. Our members are RESPs who have no Associations and RESPs who are members of the traditional Associations (REBAP, PAREB, PHILRES, etc etc), halo-halo na mga tao dito.

At present, IPORESP is the dominant group. AIPO formation is impossible without IPORESP, whether you look at it AIPO at the angle as an integration of Associations or at the angle as an integration of Individuals, or on a combined angle.

ONE OF THE DIFFERENCES BETWEEN PHILRES and IPORESP

Sa PhilRES, everyone is INSECURE in their position in the organization. They squabble for the positions. Their idea of election is very complicated. Nakaka-baliw.

Sa IPORESP, walang election. Kung ano gusto mong position, kuha mo agad in just hours. Kung dalawa kayo sa position, eh mag teamwork kayo as co-directors. Kung may special position ka na gusto mo pero hindi naka-define, sabihin mo lang, maya-maya created na ang position na yan at sayong-sayo na. Everybody is secured and happy. Nakaka-relax.

WHY ARE THE SO-CALLED ASSOCIATIONS UNABLE TO FORM AIPO?

These Associations have already done so many meetings on AIPO Formation. But one of the reasons why their meetings are anomalous is it lacks DUE DILIGENCE -- kung sino-sino lang na mga osyosero at mga ma-papel ang nakaka-attend.

When I say DUE DILIGENCE, what I mean is they must be 100% sure that the participants of the meeting meets the following due-diligence requirements by bringing in the following documents before they are allowed to join the meeting:

1. PRC Certificate of Accreditation for their respective Association. Hindi ka pwede mag attend sa meeting pag ang Association mo ay walang ganitong papel na hinahawakan.

2. Approved Resolution from their respective Association or a provision in their By-Laws stating (a) the Association's commitment to join the INTEGRATION, and (b) the name of the authorized representative in the AIPO Formation workshop

3. Proof of I.D. of the Representative.

When everyone who attends the AIPO Formation meeting has these Due-Diligence documents, walang oras na masasayang.

Pag merong PRC Accreditation, merong "grip" ang PRC sa Association na yan. Kung wala, loose yang Association na yan at pwede yan mag rebelde sa mga agreements na nangyari sa Meeting. Atsaka hindi pwede yang PRC mag dicta sa mga agreements, dapat ang agreements ay dumaan sa genuine discussion and voting process ng mga legitimate participants ng AIPO Formation workshop.

This is one of the reasons why IPORESP went to PRC last 8 Nov 2012 to request item #1 above. Yung ibang mga Asociations na walang Accreditation, they should follow the example of IPORESP and do the same.

All Associations, must pass through a formal process of PRC Accreditation before we sit down to meet for AIPO Formation, okay? Ayoko nang meeting na pare-pareho tayo walang PRC Accreditation.

QUESTION: Sir John, do you mean pwedeng marami ang Accredited Professional Organization (APO) all at the same time?

ANSWER: Yes pwede. Pero isa lang ang NATIONAL INTEGRATED ORGANIZATION (NIO). Ang NIO ay na mention yan sa last paragraph ng Rule 2 ng PRC Resolution 2004-178 on the Rules of Accreditation of Professional Organizations.

So ang IPORESP, tatlong layer ang dadaanan nyan. First kuha muna tayo ng PRC Certificate na Professional Association tayo para maka register tayo sa SEC, kasi hinahanap eto ng SEC. Loose pa ang rules sa first layer, pwede yan approve ng PRC na nakapikit ang mata kasi ang ginagamit lang na legal basis nito ay ang Philippine Constitution which is the Right to Organize. Ang nakalagay na title sa Certificate mo nito ay most probably "Interim Accreditation of Professional Organization for SEC Registration Purpose Only", tapos may expiration yan na mga around six months just sufficient time for you to get SEC-Registered.

Then second layer, mag apply na tayo as APO. Dapat may SEC Registration ka na at this point. Ang lalabas na PRC Accreditation Certificate mo nito ay talagang hindi na "Interim" and protected na ng PR Resolution 20014-178.

Then third layer, mag apply na as NIO, and this is not easy because we have to negotiate a deal with other APOs.

QUESTION: Sir John, ang FRESA ba naging APO?

ANSWER: Hindi siya naging APO. Doon lang siya sa layer one, Interim APO lang siya. Sa ngayon, isa lang ang naging APO, ang PhilRES lang, pero ang PhilRES ay unfit pa rin para maging NIO. Yang mga ibang Associations like REBAP, PAREB, NREA, ang kung ano-ano pa dyan, mga "informal" associations pa lang yan, wala pang naka achieve sa kanila ng Layer One.

QUESTION: Sir John, bakit tumatagal ang AIPO formation?

ANSWER: Ignorance and incompetence. Kasi nangangapa ang PRB-RES, they don't know what to do, kulang sa knowledge. Maaring binabasa nila ang rules pero hindi nag-sink-in sa comprehension nila. Sa mga nakikisawsaw naman, walang nakaka-alam kung anong gawin. Ako since the beginning alam ko kung anong gawin kasi pinag-aralan ko na yan ng todo-todo noon pa. I can even conduct a Seminar Workshop on how to do it. But with what PRB-RES did to me during the Public Consultation in Pasay sa pinutulan nila ako ng microphone at sinabihan na out-of-order, bastos sila, nawalan na ako ng gana makipag-tulungan sa kanila. Probably the next time I will attend, I will require them to provide me with an battery-powered Megaphone para sigurado.

Tumatagal din ang process kasi I suspect there are people with selfish interests behind the PhilRES who have interlocking interest with some persons in the PRB-RES, na parang gusto nilang gawing milking cow yang APO and NIO. Conspiracy of the evil-minded makes the transaction long. Parang traffic enforcer na naka huli ng traffic violator, kung ticketan agad eh less than a minute lang yan, pero pag pera-pera usapan eh may pa cellphone-cellphone pa yan at negotiation ng pera kaya tumatagal ng 5 minutes ang transaction.

Message from the 4 seats of IPORESP: The PRB-RES 8 Dec 2012 Memo has no legal basis

Last 31 October 2012, I posted a message here that PhilRES accreditation will be cancelled very soon. I was told that the message ignited a huge explosion resulting to PRC Chairperson Manzala calling an emergency meeting to all traditional stakeholders of AIPO Formation.

In the morning of 8 Nov 2012, I went to PRC to personally hand over IPORESP's request for cancellation of APO accreditation of PhilRES based on the PRC Rules on APO Cancellation. I also delivered a separate letter expressing IPORESP's intent to get PRC accreditation as a Professional Association, with a clear disclaimer that this is not yet our AIPO application.

Coincidentally, on the same day, without legal basis, without stating the the background, and without stating the clear purpose, the PRB-RES issues a Memo on 8 Nov 2012 to facilitate the participation of Non-PhilRES associations and individuals to propose and discuss amendments to the PhilRES By-Laws.

PRB-RES' non-compliance to the Rule is an act of negligence, and there is no excuse to that. That PRB-RES 8 Nov 2012 Memo is a WEAK defense if I will complain them in Ombudsman for negligence of duty after 15 days. They are creating more problems instead of solutions. They have to learn a lesson that their job is just to implement the Rules and the Law. They have to learn their lesson in a hard way.

THE REMEDY

The remedy is to implement BOTH. The PRB-RES will just show good faith that they will implement the Law and Rule, and will right away cancel the APO Accreditation of PhilRES; and then the stakeholders of PhilRES will sit down to discuss how to improve PhilRES By-Laws and other things that needs to be improved (if that is what "they" think is the solution). In this remedy, PRB-RES-PRC will be acting as a true administrator of the law.

The 8 Nov 2012 memo of PRB-RES reduces the image of the PRB-RES-PRC from Administrator down to a Law-Firm representing the interest of the survival of PhilRES.

Besides, the PRC Rule says if after one year the APO falls below 50% membership of all licensed professionals, then consequence is that the APO Accreditation is to be cancelled. The Rule neither said that the consequence is the By-Laws will be revised, nor the consequences is the officers are to be replaced, nor any other 1,000 possible consequences. The Rule is there so you will know what decision to take and others will anticipate what decision you will take in any eventualities -- that is what we call TRANSPARENCY of GOVERNANCE.