Status of Ombudsman case on Sec 14B

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, so the examinees after October 2011 should already be required to have graduated the 4-year course BS Real Estate Management. But the PRB-RES have not implement the explicit ORDER of Section 14B, then we have no choice but to file NEGLIGENCE RESULTING TO WASTE OF GOVERNMENT RESOURCES in the proper forum. 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.

It's already approaching 6 months and no hearing yet. So I sent a follow-up to Ombudsman today.

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.

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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.

Determining Proof of Filipino Citizenship

QUESTION: Sir John, ano po ba ang proof of Filipino Citizenship?

ANSWER: (1) Unexpired Philippine Passport, or (2) Philippine Birth Certificate coupled with an Affidavit of No Other Citizenship. Why? Kasi ang Dual Citizenship Law ay August 2003 lang naging effective. In short, if the person acquired other citizenship (say for example by naturalization) before August 2003, then the person must file Dual Citizenship in Bureau of Immigration to be able to restore the Filipino Citizenship that he/she lost when she acquired other citizenship before August 2003. Sa kulang-kulang na instruction nitomg mali-mali na PRB-RES, lumalabas na kahit hindi na Filipino Citizen ang RESP, makakakuha pa rin siya ng PRC License dahil Philippine Birth Cert lang ang pinakita niya.

Write this in your NOTES. Napakaraming CPE Provider and Lawyers and even PRC ang hindi alam etong rule na eto on Citizenship Determination. Sa FREE COACHING lang ng yours truly ninyo matutunan eto.

This lesson is very useful kasi Filipino Citizenship is a material factor in determining who are allowed to own land in the Philippines. Material din eto sa RESP registration and licensing that is restricted only to Filipino Citizenship. Pag dinaanan ng Integrity Review yang mga na-issue ng PRB-RES na mga license, sigurado merong sasablay dyan na ma-cancel ang registration.

Wishing for a Better PRB-RES

Kung atin ang PRB-RES, atsaka atin ang IPORESP, lahat na mga katanungan ng publiko (kasama kayo) ay masasagot in 1 minute. Eto ang vision ko at sana magtulungan tayo na matutupad eto.

Ang gusto ko mabilis na serbisyo lalo na sa magpaparegistro at nag rerenew. Pag mag-submit ng papeles sa PRB-RES natin, kaagad-agad i-adjudicate pag makapagbayad na ng fees, then ipasa ka agad sa kabilang kwarto kung saan ka mag oathtaking sa PRB-RES on duty, then bibigyan ka na agad n Registration Certificate and License Card bago ka umuwi - eto lahat ay gagawin sa loob ng isang oras. Wlanag pila, walang maghihintay, walang backlog, walang red tape, walang ng masasayang na oras.

Ayoko ng ginagawa nitong naka-upong PRB-RES ngayon na "bulong" lang ang ginagamit para magbigay ng blessing sa mga ka-alyado nila na mag conduct ng CPE. Sa ngayon, wala pang IPORESP, so wala pa dapat CPE. Sa maling sistema na ginagawa ng Interim PRB-RES na naka-upo ngayon, hindi tuloy alam ng publiko kung alin ang CPE na good and alin ang bad.

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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!

Result of the Ombudsman Mediation Meet

The only way to move forward as ONE IPORESP is through (1) mediated peace talk, (2) justification and sincere apology, and (3) unconditional reconciliation. I thank the OMBUDSMAN for sucessfuly brokering the end of the 6-month long Petalcorin-PRBRES conflict. All claims were heard, although it went through an emotionally charged state when respective version of the story didn't match, the meet finally closed with an amicable settlement with a tight handshake.

Hehehehehe. Nakakatuwa yung confrontation na mediated ng Ombudsman. Pinag-usapan kung ano ang puno at dulo ng rason ng conflict. Sabi ko, yung hawsiaw na consultation sa Pasay na sinabihan ako ng "out of order" at pinutulan ako ng microphone, so I said I reacted because I felt na binastos ako. Sumagot si Ong at yung isang tao na Board Secretary, hindi naman daw sila nakapansin na pinutol ang line ng microphone, justification. Nasa isip ko, meron namang video footage yun, pwedeng saliksikin kung sino ang gumawa or baka aksidente lang. Pinalampas ko na lang ang point of contention kasi it is my word against his word. Pero integrity issue eto. Alam naman ng mga Brokers na nandun kung ano ang nagyari, ang nakahanda kong 5 minutes speech doon eh naputol sa 30 seconds dahil nawala ang microphone habang nag sisigaw ng out of order yung emcee. Hayyyy naku. Bahala na ang Dyos at yung mga witness mag husga kung sino nagsasabi ng totoo sa amin ni Ong.

Pero pasalamat tayo, dahil sa microphone na yun, nagka-isa tayo sa isang laban na dapat kasali ang mga Developers salespersons/agents sa RA 9646 para makinabang naman sila sa professionalization. Hindi umubra ang tatlong option na pinresenta ng PRB-RES na pareho yang tatlong option ay ma-e-exempt ang mga Developers. We said NO TO DEVELOPER'S EXEMPTION AS ONE UNITED VOICE AT NANALO TAYO.

Eto nanaman tayo ngayon. AIPO Formation. Magulo. Sana magka-isa na tayo para isang boses lang tayo. Huwag na tayo mag-kanya-kanyang gapang sa PRC para maging AIPO.


Dito sa IPORESP, lahat welcome. Yung gusto maging AIPO Officer or Trustee, dapat mag ipresenta sarili at ang programa. Yung may mga tanong, sasagutin. Yong may mga suggestion, pakikinggan ng maayos. TRANSPARENCY will remove all doubts. DEMOCRACY will ensure that we have equal opportunities and freedom to choose.

CHAT QUESTION: Sir John, ano po ang ibig sabihin pag hindi transparent ang PRC sa AIPO Formation? ANSWER: Personally, I would interpret it that PRC is conducting a silent auction. Wala namang guideline, requirements, and announcement na ni-release ang PRC, so they should not be entertaining AIPO applicants. The mere fact that PRB-RES "RECEIVED" many application for AIPO, it is already an irregularity, I smell a silent auction signal, very anomalous.


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Last night, hindi na ako nag-prepare ng paper to Ombudsman kasi buo na loob ko na gagawin ko lahat na sacrifice para magka-isa na tayo at maka-formation na ang AIPO. Narinig ko justification ng PRB-RES on the RED-TAPING issue, mahina ang justification, although sigurado akong ma pin-down sila, I hesitated kasi mahabang process ng hearing yan sa Ombudsman at baka ma-hassle ang AIPORESP formation.

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Sa mediation na yun, nasagot kung ano ba ang ikinipuputok ng butsi ni Ong na ginawa nilang dahilan para i-red-tape ang application ko for license? Sabi niya, he was hurt with the notes I attached to his PICTURE in my article titled Treachery of the PRB-RES on RESA IRR. Ang note na lilagay ko sa picture ay "This Man is a TRAITOR of RESA Law, SPY of the Developers, PROTECTOR of the COLORUM, enemy of the Real Estate Professionals, UNWORTHY Chairman of the Real Estate Board". Hindi nyo na makikita ang picture na eto kasi matagal ko na tinanggal eto sa blog ko. Naglabas ng damdamin si ONG na nasaktan siya pero sabi naman niya na nag hesitate siya mag-file ng libel laban sa akin dahil naintindihan niya na emotionally charged ang issue while the sector is now on birthpains. Sabi niya, marami daw nagtanong sa kanya kung ano etong issue ng treachery na eto at apektadong apektado siya. Hindi ko na inevaluate ang claim niya na nasaktan siya, nakinig na lang ako at tumingin ng deretso sa mga mata niya. Nasa loob-loob ko, I really can feel the pain he experienced an I have sympathy for this man, but why didn't he responded to the blog kung na hurt siya? Bakit ang tagal nilang nag-respond? Seven months, grabe naman ang tagal nyan, red-tape na yan. Apology lang pala ang kailangan para mahibsan na ang damdamin niya. Hindi kaya ginagamit lang ni Ong ang issue na eto na pandepensa sa posibleng red-tape case laban sa kanila sa Ombudsman? Alam ko ang advantage ko. Alam ko na hindi pwede gawing excuse ang "retaliation" on a red-tape case kasi talagang nagkulang sila na mag comply sa reasonable time of processing a license application. Alam ko rin na ang libel ay apology lang ang kailangan nyan eh mag evaporate na yan, so hindi ako natatakot nyang libel na yan kasi kaya kong panindigan sa court na talagang treachery ang ginawa nila sa RESA IRR consultation. so, in the middle of the talks, talagang pwede mag proceed sa demandahan. Kasohan ko sila ng red-tape, kasohan nila ako ng libel. Ang libel mag evaporate yan pag mag apologize ako. Pero ang red-tape walang remedy yan at walang excuse yan. Pero ang tanong, ano ba etong purpose ko dito? Ano ba ang purpose natin bilang isang real estate sector? Giyera ba ang gusto ko or reconciliation? Ano ba ang makakabuti para sa IPORESP? I am here because I volunteered to convene the IPORESP and I have to make sacrifices to reconcile everyone including myself and PRB-RES first.

While I was looking at the cards on the table, suma total, I figured out that if I give apology, mag evaporate na lahat na issues, everybody will be happy because ang libel ay mawalan ng pangil, then my license will be released, and automatically the red-tape case ay hindi ko na rin itutuloy pag ma-release na ang license ko. Take note ha, hindi humingi ng apology ang PRB-RES sa akin despite their claim na nasaktan ko daw damdamin nila, Ong failed to demand for ang apology, ako naka-isip ng Ombudsman Mediation to initiate a peace talk, ako ang naka-isip na apology as a solution, nasa akin ang control ng switch ng peace, I was the one who turned on the peace initiative. Well how about the other issues on the anomalies, eh sabi ni Ong eh handa naman daw siyang harapin ang kahit anong anomaly report na ipa-resolve natin sa PRC Commissioner. So, rational decision, I gave Ong an apology (mabuti libre naman at wala namang fee), which eradicated out 80% of the conflict zone. So, ayos na yang libel and red-tape issues, wala na sa picture ang mga eto, we agreed na close na eto. Win-win solution was achieved.

Pero sa huli, nagtira ako ng 20% na unresolved issue, eto ay ang issue ng anomalous Interim AIPO formation, and my request that for PRB-RES Resignation para maka-proceed tayo ng AIPO-RESP formation na maayos. As Ong said, willing sila harapin ang isues na eto pag i-raise nko sa PRC Commissioner. Pag wala kasing PRB-RES, walang anomalies, walang lalapitan ang mga manggagapang na mga collusions na gusto maging AIPO. Pag hindi mag-resign ang PRB-RES, huwag sila magka-mali mag annoint ng AIPO na mga manggagapang, sigurado magkakaroon nanaman ng mahabang conflict.

CHAT: Sir John, ilang oras ang negotiation? ANSWER: walang one hour, tapos agad. Last ten minutes, nag propose sila ng second-round na meeting pero sabi ko hindi na, tapusin na agad, so ayun natapos agad. Pati yung meet sa June 8 sa PRC, wala na, nag-agree na na cancel na yun, resolved na ang issues eh. Absent sa meeting si Choa, Cuervo, and Dino. Si Ong lang at si Fajardo pumunta and they said they represent the voice of the entire PRB-RES as a collegial body. First impression ko kay Fajardo ay mabait, siya daw ang in-charge sa licensing, kasi hati-hati daw sila ng workload.


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COMMENT ON MEDIATION of ATTY MARLYN TORRES-GALVEZ (Ombudsman):

Negative:

(1) Si Ong merong pattern pagka-bastos, kumakausap ng tao sa cellphone habang nagsasalita ako sa kanya. Ang Ombudsman naman ay hinayan lang ang pambabastos, muntik na ako tumayo at nilayasan ang negotiation table, buti na lang nag apologize naman, so okay lang, pero sana next time don't forget the etiquette.

(2) Another kabastosan, si Ong nagpapasok ng ibang tao in the middle of the one hour meeting. Pinapasok ang tao kahit hindi nagpaalam sa akin, hindi rin nag-paalam sa Ombudsman. Ang Ombudsman mediator naman ay hinayaan lang na pinapasok ang nasabing tao na hindi naman imbitado. Sabi ni Ong eh Secretary Lawyer daw ang tao ng PRB-RES (nasa isip ko ehh ano so what). Naging panggulo lang ang mga pinagsasabi ng hindi imbitadong taong eto dahil natural hindi naman niya nasimulan ang discussion. Sinabihan ko na keep quiet and observe or get out of the room eh hindi nag-comply at pinagtangol pa ni Ong ang nasabing tao. Mabuti na lang hindi ako nawala ng focus.

Positive: I am impressed with her skills as a mediator. She maintained her focus on guiding the conflicting parties towards "settlement". Malinis ang opisina ng Ombudsman. Magalang ang mga security guard at mga secretary nila. Napaka-bait ng secretary, binigyan ako ng libreng tubig nungnaghingi ako kasi medyo dry ang air nila sa loob natuyoan ako ng laway. Overall, Magaling! I would give Ombudsman an overall score of 98%. Sulit ang pera ng taong bayan sa Ombudsman.

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REMEMBERING MY PAST

In my previous work, I adjudicate at least 30 benefit claims a day for seven years. Yung ibang client nagagalit pag pina-submit ng additional document or pag na deny. So, natural na yan sa akin na nakakatanggap ako ng isang derogatory notes dahil emotionally charged ang issue eh. Pero tinuruan ako ng mga Americano na public servant tayo, hindi tayo pwede mag retaliate sa mga complainants. Hindi rin natin pwede i-redtape or i-hostage ang paperwork nila dahil sa personal natin na inis or galit sa public customers. Kung na hurt ka sa sinabi ng customer, sulatan mo KAAGAD (without delay) ng ganito ang wordings:

Dear Customer:

This refers to your application which is now pending under my adjudication. I have personal issues with you. I am hurt by the blog in the internet that you published about me where you called me a LAZY PIG, which demeans and tarnish my reputation. However, I have read your explanation why you called me a LAZY PIG and I will consider it to improve my services. Nevertheless, I am thinking about inhibiting myself from this application because I have personal issues with you. However, I will proceed with the adjudication immediately if you will delete such note and apologize to me by signing the apology reply below and mail back this letter to me. I would appreciate receiving your reply within 15 days. Truly yours, John Petalcorin

"Dear Mr, Petalcorin, I apologize for my remarks that you are a LAZY PIG. Signed: CUSTOMER


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UNPROFESSIONALLY WRITTEN OFFICIAL COMMUNICATION

Isa din sa ni-raise ko na issue sa Ombudsman meeting na yun ay ang napaka-unprofessionally written na Show Cause Order sa akin. Sabi ni Mr. Ong, noong January 11 daw siya nag request ng services sa Legal Department ng PRC on my case and ang Legal Department ng PRC ang gumawa nitong napaka unprofessional letter na eto. Unprofessional kasi walang date, mali spelling ng pangalan ko, mali-mali ang spelling ng substance ng leter, walang pangalan at pirma ang sumulat, at higit sa lahat walang paragraph on information on number kung sino tatawagan ko. Well, ang header eh "Board of Real Estate Service", so I think hindi PRC Legal Department ang gumawa ng napaka unprofessional letter na eto.

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FORMAL APOLOGY LETTER

Dear Mr. Eduardo G. Ong:

This Blog serves as my FORMAL APOLOGY to you. I will not be sending you a printed copy of this blog because I have given PRB-RES permission to print this particular entire blog so you can use it for whatever purpose it may serve to perform your official duties. My apology will be in form of a Blog because this is what the Ombudsman suggested, which you did not contest. I am deeply sorry for hurting you on the embedded note on a photo of you where I said "This Man is a TRAITOR of RESA Law, SPY of the Developers, PROTECTOR of the COLORUM, enemy of the Real Estate Professionals, UNWORTHY Chairman of the Real Estate Board". This apology in blog is just a reiteration because I have already apologized personally to you during the meeting. As a remedy even before you expressed that you are hurt during the Ombudsman meeting, I have already deleted such photo in the internet a long time ago after my anger faded away. Please forgive me for hurting you, it was just a result of burst of emotion after I felt bad on how your team treated me during the RESA IRR Consultation. We also agreed that there is no more need to meet on June 8 because we have settled the issue already on the seal of reconciliation. Nevertheless, I hope you have read the reason why I called you names and consider it a lesson on how to conduct public consultations in the future. So now, let's burry those threats of libel and threats of red-tape cases and move on in building a vibrant democracy of the brand new real estate service sector.

Mr. Fajardo and the Ombudsman suggested in the meeting that I may spread this Blog globally, but I did not hear you speak it. Please just use your cellphone to call me at 0921-7172040 if you want me to spread it globally. If you will not call, I assume this blog is sufficient and I am expecting the adjudication of my license application as soon as possible because it's been grossly delayed for seven months already since I submitted my application. I would appreciate a call from your office as soon as my application is adjudicated, and I request that the signed Resolution be faxed to my office at tel# (632) 3531664, and an original copy be sent to my address following government procedure on how to send mails (please use Registered Mail, please don't use personal contact couriers such as DHL, LBC, or FEDEX).


Sincerely yours,


[Signed]
JOHN ODONNELL REMOLLO PETALCORIN



PS. As an exhortationist, I will continue watching over PRB-RES, AIPORESP and the entire real estate service industry and will continue expressing my opinion and exposing anomalies in the internet. Everyone is most welcome to react and respond to my postings in the internet especially in Facebook Group titled IPORESP.


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Application of "Dishonorable Conduct" on PRB-RES and on Real Estate Practitioners

APPLICATION ON THE PRB-RES

RA 9646 SEC. 9. Removal of the Chairperson and the Members of the Board. The chairperson or any of the Board may be suspended or removed by the President of the Philippines, upon the recommendation of the Commission, for neglect of duty; abuse of power; oppression; incompetence; unprofessional; unethical, immoral, or dishonorable conduct; commission or toleration of irregularities in the conduct of examination or tampering of the grades therein; or for final judgment or conviction of any criminal offense involving moral turpitude.


QUESTION: Sir John, ano po ang ibig sabihin ng Dishonorable Conduct?

ANSWER: Para po sa mga naka-upo na anomalous PRB-RES ngayon, ang Dishonorable Conduct ay ang pag-expose ng mga anomalies sa internet laban sa PRB-RES. Eto ay nasabi ko base sa sulat nila sa akin titled Show Cause Order. Sa tingin ko, mali sila. Hindi nila na-intindihan na karapatan ng bawat isang apektadong mamamayan ma bumatikos sa gobyerno.

Pero para sa kin po, ang Dishonorable Conduct ay ang pag-gawa ng isang nakakahiyang bagay that results to loss of trust and confidence by your customers.

Ang customer po ng PRB-RES ay ang mga Real Estate Practitioners. Tayo po mga salespersons, brokers, appraisers, consultants, and assesors ang customer ng PRB-RES. Ang PRB-RES position ay nominated po yan dapat ng IPORESP by virtue of trust and confidence.

As a customer ng PRB-RES na naka-upo ngayon, nawalan po ako ng trust and confidence sa kanila and I will use any medium (speech or writing) to expose their anomalies. Para sa akin, bilang customer ng PRC, nakagawa po ng Dishonorable Conduct ang PRB-RES at pwede ko isa-isahin ang mga nagawa nila, at dapat po sila matanggal sa pwesto na yan under Section 9 of RA 9646.

Can the PRB-RES charge me with Dishonorable Conduct on grounds of the publication of my complaints? The answer is NO. The PRB-RES can only charge me with Dishonorable Conduct if there is a customer or client of my services as a broker who have lost his/her trust on me.

Therefore, the PRB-RES interpretation of the Section 5 paragraph K and S of RA 9646 is without basis and ignorable. Nung binasa ko ang kanilang sulat, naramdaman ko na duda din ang PRB-RES sa basehan ng retaliation na ginagawa nila. Sa tingin ko, gumagawa lang sila ng palusot sa finayl ko laban sa kanila na RED-TAPE Case sa Ombudsman. Makita mo naman sa hesitation nila. They said in their Show Cause Order:

"Mr. Petalcorin you are ordered to appear on June 8, 2011 before the Board of Real Estate Service to show-cause why this board will not file a case for Dishonorable Conduct against you for publishing in the internet articles and opinions which demeans and tarnish the reputation of the Board and its members (PRB-RES). This is pursuant to the provisions of Section 5 paragraph K and S of RA 9646. If you fail to appear, an order may be issued by the Board where we will be filing a formal charge against you, which may result in disciplinary actions by the Board" (UNDATED AND UNSIGNED DOCUMENT)



Meron po akong sinubmit na complain sa PRC Website laban sa PRB-RES -- eto po ay dapat actionan at i-resolve ng PRC Commissioner. HIndi pwedeng i-refer ng PRC Commissioner ang complaint ko sa PRB-RES. Eto lang masasabi ko sa PRB-RES, kung meron kayong delicadeza, mag INHIBIT kayo sa pag-resolve ng complaint ko sa inyo na pinadala ko sa PRC Commissioner. PRC Commissioner ang mag resolve nito, hindi kayo. Kayo ang kino-complain ko, hindi kayo pwede maging decision-maker sa resolution nito. Magsubmit kayo ng paliwanag sa PRC Commissioner to respond to my complaint.

Yang pag issue ninyo ng Show Cause Order sa akin, RED TAPE po yan against my application paperwork for registration without examination, at ang klarong motibo po ay RETALIATION dahil binatikos ko kayo, at ang klarong evidence po ay etong papel na inissue nyo sa akin na Show Cause Order. Etong Show Cause Order po ang matagal ko nang hinintay kasi eto ang evidence of RED-TAPE na i-submit ko sa Ombudsman.

Pero dahil hindi nyo alam ang procedure, sige, sa OMBUDSMAN ko kayo dadalhin, May 24, 2011 para mapaliwanagan kayo na kayo ang akusado dito, kayo ang nangangailangan magpaliwanag sa akin para ma-resolve ang mga complain ko. HINDI AKO ANG MAGPAPALIWANAG SA INYO.

Sa sulat po ninyo (PRB-RES) sa akin, may nilagay po kayong HON sa pangalan ninyo. Sa mata ko po, nakakahiya po yang ginagawa ninyo. Ang tao po a walang hiya ay DISHONORABLE.

The PRB-RES have oath of office to implement RA 9646. I will prove that they did something resulting to a non-implementation of the RA 9646, then they have committed a DISHONORABLE CONDUCT. The only way out for PRB-RES would be RESIGNATION. Sana pahalagahan nila ang honor nila, mag-resign na lang sila, kasi pag ma-convict sila nito ng Ombudsman eh eto pong Dishonorable Conduct is an issue of "Moral Turpitude". May mga edad na po sila at pangit naman pag tapusin nila ang career nila with an end note of Moral Turpitude. Pag umabot eto ng 24 May 2011 na hindi pa nag-resign ang PRB-RES, hindi ko na pwede i-atras etong complaint ko at tutuluyan na eto sa Ombudsman. Pag mag-resign sila, pwede ko na i-atras ang case at magiging record na lang etong mga PRB-RES anomalies na eto sa history ng Real Estate Service, and we can move on on the proper way of IPORESP formation.

Ako, hindi ako ma-subject ng PRB-RES sa Disciplinary Action dahil hindi pa naman ako na carry-over sa RA 9646 Registration without Examination. Hanggat hindi ako mag Oathtaking sa PRC, hindi ako pwede ma subject sa disciplinary action. Kahit anong mangyari, hinding-hindi ako mag Oathtaking sa anomalous PRB-RES na eto. Atsaka hindi ako natatakot na hindi mabigyan ng license kasi PRO BONO po ako, I can invoke RA 9646 Section 28 D, exempted ako sa RA 9646. Walang mawawala sa akin pag matalo ako nitong laban na eto versus PRB-RES. Pero pag manalo ako, ang PRB-RES lima yan sila na ma-damage ang career dahil sa anomaliya nila. The best option for the PRB-RES is to resign before 24 May 2011.

It is not hard to remember this lesson. The violation of Oath of Office is called Dishonorable Conduct.

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APPLICATION ON REAL ESTATE PRACTITIONERS

RA 9646 SEC. 18. Refusal to Register. The Board shall not register and issue a certificate of registration to any successful examinees who has been convicted by a court of competent jurisdiction of any criminal offense involving moral turpitude or has been found guilty of immoral or dishonorable conduct after investigated by the Board, or has been found to be psychologically unfit.


QUESTION: Sir John, paano naman po eto applicable ang Dishonorable Conduct sa mga Brokers and their clients?

ANSWER: You have to understand the word HONOR first. Now, I want you to look at the term they usually use "Word of Honor". Word of honor means you can be trusted to deliver your OATH. The Customer-Broker relationship is called Fiduciary Trust (remember they teach this in CRESR and this is also in Code of Ethics). If you break that Fiduciary Trust of the customer, you have committed a Dishonorable Conduct. The question is, in what example instance is this Fiduciary Trust is violated by a Broker? I have written a blog article about this titled Different Types of Real Estate Agents. Now let me give you an example.

Example, you signed a conforme to an Authority to Sell issued to you by owner of a Property ALPHA. That Authority to Sell is already a Fiduciary Trust. So, you advertised the said property in the Internet. After a week, a potential buyer inquired about the property ALPHA. While talking to the buyer, you were able to detect that the buyer has a bigger money, so you did not register the buyer to the property owner ALPHA, and you offered property BRAVO to the potential buyer. In this case, you have violated the Fiduciary Trust of the owner of Property ALPHA and you can be charged with DISHONORABLE CONDUCT.

Another example is when the broker spends for his personal purpose the money of the buyer that is deposited in the Fiduciary Bank Account that is set-up to facilitate the transaction.

Another example is when a real estate practitioner will not deliver his obligations to the government and to the people working for him. The most common is the broker's failure to register his salespersons before allowing them to work as agents. If a Broker becomes delinquent in paying the share of the commission of the people working under him, this is also a form of dishonorable conduct.

It is not hard to remember this lesson. The violation of Fiduciary Trust is called Dishonorable Conduct.

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HONOR is you keep the trust of your customers on you by fulfilling your oaths, agreements, contracts, and loyalty relationships.

The most common violation that results to Dishonorable Discharge in the military is DESERTION, which is typically defined as an extended absence from one's military post with the intent to abandon military service indefinitely.

Brokers are still UNHAPPY despite RESA Law

Mag dadalawang taon na simula nung na-approve ang Real Estate Service Act of 1999 (RA 9646 or RESA Law). Wala pa ring maayos na implementation. Useless pa rin ang license, parang badge lang. Wala pa ring kasiguraduhan ang ikina-bubuhay ang mga brokers and salespersons. Hindi maka-pasok ang mga reforms natin dahil nandyan pa naka-upo ang mga anomalous na PRB-RES. Nakaka-lungkot. Kung sino ang tama at malinis ang hangarin, siya ang struggler. Kung sino ang mali at personal interest lang ang pinoprotektahan, siya yung naka-upo.

Tingnan mo yang mga Association, mga myembro parami ng parami, hindi naman kumikita bilang mga brokers, kaya napaka-raming inactive members na parang mga baka lumulutang lang pag CPE time na na kailangan nang gatasan. Ang Associations lang ang kumikita sa CEP, membership fee, and profit sa profiteering social activities. Ang mga myembro ginagamit lang ng mga officers bilang listing informant. Yang mga Association na yan, matagal na yan sila nag rule, pero wala yang ginawa para masugpo ang mga colorums, palibhasa mga lider din nyan ang nakikipag-rub-elbows sa mga developers na nag-aalaga ng mga colorums.

Noon time ng DTI dahan-dahan dumarami ang mga colorums, ngayon time ng PRC marami pa rin colorum, kasi dahil dyan sa mga Associations leaders who are puppeteering the anomalously installed PRB-RES. Ang mga brokers, badge lang ng license meron sila, pero walang regular na income sa benta, KAWAWA. Nangapital yan ng malaking pera and time para mag CPE at pumasa sa exam, ngayon may license na, ang tanong eh makakain ba nila yang broker license badge na yan?

Binigyan ka na ng RA 9646 ng gobyerno para ma-protectahan ang profession mo, pero pina-ambush mo ang RA 9646 sa mga anomalously installed PRB-RES, kaya ayun, ZERO ZERO ZERO pa rin bulsa mo, gutom ka pa rin kahit gaano karami yang picture mo bilang licensed broker, kasi TANGA ka! Paano hinawakan leeg mo? Hehehehe, through the Associations!

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FACEBOOK PERSONAL MESSAGE FROM MR. CONFIDENTIAL

Sir John, I read all your latest postings. You are correct when you said that RESA Law still nothing had happened except PRC Cards and Certificate. There are many loopholes. Here are some additional points for you to know. Developers immediate families and the developers themselves had joined CRESAR and eventually passed the exam now they are licensed brokers they can get 20 salespersons. If in the family there are three brokers there are 60 maximum salespersons then hire another brokers to compete with the independent brokers or realty firms. Developers trained salespersons for free and automatically hired as sales persons under their licensed brokers immediate families. I want to hear your valued comments in this regard.

Unlicensed Real Estate sales agents are rampant they even poted their listings in the internet without fear of RESA LAW. Their excuse? they collected listings at their wish and post to internet with their cp or tel numbers, when somebody who will inquire to those listings the unlicensed agents will refer the inquiry to the broker. Tehnically the unlicensed agent violated nothing they can call themselve as a real estate dealer. But why they posted their contact numbers and listings under their contact numbers did they violated RESA LAW? One example is the certain Glen Ulep somewhere in Manila he even posted a big billboard for sale and his contact numbers along the way in Tarlac SCTEX near Concepcion Exit. I inquired the property under the guise of a prospective buyer then I asked Glen Ulep if he is a licensed broker he replied no but will refer me to the broker he he he.

Another excuse of unlicensed real estate agents is the SPA. Unlicensed agents can secure an SPA from the Seller as an alternate of an ATS from the Seller. Now he can transact business with the prospective buyer even without a licensed because they are the Atty in Fact of the property owner. How we can addressed this Modus operandis while they violated no law?

JRP RESPONSE

Q: On Developers having immediate familes as brokers.
A: No issue at all as long as 1:20 broker to salesperson ratio is observed. All Salespersons must register in PRC and HLURB.

Q: On Special Power of Attorney.
A: For your information, I am the first one who hatched this issue. The RA 9646 allows this, therefore it is not a modus operandi. If the SPA does not contain a clause that obligates the property owner to pay compansation to the SPA, then there is no need to get a license.

LESSON FOR THE DAY: Just stick on the RA 9646 by the letters. Do not argue against it because it is a legislated law. I guarantee you, as long as the Law is implemented to the letter, the real estate sector will become vibrant and we will all be happy. What I am saying is, YOUR priority advocacy now is to (1) call for the voluntary resignation the current PRB-RES because thse guys are anomalously installed and these guys are puppets of the policy fixers/twisters, and (2) call for the formation of the IPORESP.

Habang nasa Cold War mentality yang PAREB and REBAP, masasakripisyo talaga ang TAMA at tayong lahat. Parehong dirty players yang dalawang yan eh. Kailangan yang dalawang yan ay ibaba muna nila ang mga flags nila at magka-isa LAHAT para maka-formation ang IPORESP.

The reforms we need in the real estate service sector can be read in my separate blog titled My Platform for AIPO.

Another complainant against PRB-RES

COMPLAIN: sir john, may mga ilang taga BLGF na nabgyan ng registratioin without exam. assessor at appraiser lamang ang sinasabi sa batas,sa madaling salita hindi kasama yung mga nagtratrabaho sa BLGF. sadya bang inuuto nila ang batas o hindi sila marunong magbasa ng batas. napakalinaw at simpling wording lang naman ito na hindi na kailangan ang mataas na pinagaralan upang itoy maintindihan. alam ba ito ni pres. pnoy, ang kanyang mga inapoint sa board ay hindi marunong magpatupad sa batas? dont mention my name. salamat. (Alyas MAMA)

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RESPONSE: Thank you for your email. Yang mga naka-upo ngayon ay mga appointees yan ni Pres Arroyo. Pag mapalitan na natin yan sila or pag meron nang AIPORESP, i-review naman natin lahat yang pinag-gagawa nila at i-reverse ang license ng mga yan. The AIPO will assist the affected public to file necessary case against that anomalous PRB-RES for the inconvenience.

PRB-RES Anomaly in approving New Appraisers

Sir John, ako po ay licensed real estate broker rin at nagbabalak kumuha ng appraiser exam. Ako lang po ay nalulungkot sa mga kaganapan sa board of res,sa dahilang may nakikita akung mga mali tulad halimbawa ng sec 20(b)(c), malinaw na nakasaad dito na appraiser at assessor lamang ang mabbigyan ng registration without exam pero sa ngayon ay marami na ang nabgyan ng lisensya ang board,tulad halimbawa ng LOCAL ASSESSMENT OPERATION OFFICERs,TAXMAPPERs at ASSESSMENT CLERKs ng mga LGU.ang mga nasambit na ito ay wala naman sa sec.20(b)(c) at malinaw na ang board ay mali dito. Di po ba sa sec.39 ay nagsasabi na sino man ang lumabag sa batas na ito ay may kakaharaping parusa?nakapaunfair naman na ako at ng iba ay nagpapakahirap sa 120 hrs training seminar na required para maqualify sa exam, ay hayon ang board, pinadali sa iba yung pagkuha ng lisensya. Hindi po ako makadirekta sa board sa aking hinaing dala ng takot na akoy paginitan at ako pa naman ay kukuha ng exam sa appraiser. Sana po ay isekreto mo po muna ang pangalan ko. Sana po ay may grupo na magquestion nito o gumawa ng position paper para sa board. Salamat. (Miss Concern)

RESPONSE:

Talagang hindi titigil ang patong-patong na anomalies ang gagawin ng mga naka-upo na PRB-RES ngayon kasi katulad ng sinasabi ko pa noong araw, hindi yan sila nominated ng Intergrated Professional Organization of Real Estate Service Practitioners (IPORESP), kasi po wala pa po IPORESP. Yang pag conduct nila ng Oathtaking na walang IPORESP ay labag din yan sa batas RA 9646. Yang pag conduct nila ng Exam na walang IPORESP pareho din labag din yan sa batas RA 9646.

Totoo po yan na dapat kayo matakot kasi nag-reretaliate yang Professional Regulation Commission ng Aquino Administration by red-taping your professional license if you complain their anomalies. Ako po kasalukuyang biktima ng retaliation-driven red-tape ng PRC. So, pag meron po kayong complain, sa akin nyo lang po ipadala at i-post po natin dito sa blogsite ko. Join the resistance against these anomalous PRB-RES. Eto ay magiging mahabang labanan, yang mga nagawa pong mga Resolutions ng current PRB-RES ay hindi po natin yan i-honor hanggang balang araw na sila ay mapalitan na.

Treachery of the PRB-RES on RESA-IRR

Before you read this article, you are required to read the Real Estate Service Act (RESA) otherwise known as RA 9646 that is newly approved and effective on 30 July 2009. This law is now on jump-off stage in terms of implementation. The law mandates the professionalization of the real estate services in the Philippines.


In the morning of 9 June 2010, I attended the consultative gathering for the draft Implementing Rules and Regulation (IRR) of the RESA. It was attended by some 300 licensed brokers. I think it was sponsored by Land Administration and Management Project (LAMP 2) which is funded with grant aid for grant aid for Technical Assistance by the Australian Government and World Bank loan to the Philippine Government.

I am so disappointed that the PRB-RES Board have betrayed the licensed professionals.

I believe they are wrong to think in their wildest imagination that they have power to exempt the developers in the coverage of RESA. The power to exempt is way beyond the scope of their function, they have attempted to steal the exclusive function of the Congress to amend the RESA Law.

This issue is all about the treachery and lack of competence of the current PRB-RES with concerns to their contradiction to advocate, protect and implement the Real Estate Service Act of the Philippines. If you agree, or disagree, and you are up to the challenge to discuss this issue in an open debate, you are most welcome. I have created various discussion topics in Facebook.

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CONCERNING CONSUMER PROTECTION

QUESTION: Sir John, should the consumers be alerted about this? Can you explain in simple comparative analogy this "professionalization" thing for real estate service?

ANSWER: The buyers should be concerned about this because the RESA law wants to professionalize the real estate brokers and salespersons. The RESA law is one of the major Consumer/Buyer Protection legislation.

Let me give you a classic example using the medical profession.

You see a guy in the public market. He is in white medical gown, with a portable chair, carrying rusty set of pliers and some home-made concoction of medicine. He offers dental services. He has no formal training or education in dentistry and he has no license and if he destroys your teeth, he is answerable to no one because he is unregistered and unregulated by the government. This is what we call a colorum dentist and there are like hundreds of them in the whole city, and most of them are hired by some groups to do mass dentistry work in some places.

People fall in line for the service of these colorum dentists because it's the only service available. The real professional dentists who have gone through medical school and have passed the board are out of business because they cannot compete with the colorum who does not follow the code of ethics of the profession. The real dentists have stopped servicing as dentist and shifted to other income-generating job such as selling rice and eggs.

Now here comes the government wanting to professionalize the dentistry services to protect the consumers. The government wants to have all these colorum regulated by the government through education, training standard, code of professional ethics, and necessary quality control licenses to protect the consumers. The government came up with a Law for this purpose.

The Law appointed some group of persons called a Board to implement the Law. But what these Board did was connive with the colorums and this Board is now proposing a policy that will exempt the colorum from the Law.

This is what happened. This is the reason why I am angry.


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WHO ARE THESE PRB-RES?

QUESTION: Sir John, who are these people in the PRB-RES?

ANSWER: The Professional Regulatory Board of Real Estate Service (PRB-RES) is a very new Board under the Professional Regulatory Commission (PRC). It is composed of the following:

1. EDUARDO G. ONG, Chairman
2. BANSAN C. CHOA
3. RAMON C.F. CUERVO III ( PAREB Manila Board of Realtors®)
4. RAFAEL M. FAJARDO (PAREB-Bulacan Realtors® Board)
5. FLORENCIO DINO

QUESTION: Sir John, should we include all of them in your complain?

ANSWER: YES! Definitely YES. Especially Ramon C.F Cuervo III and Rafael M. Fajardo. But of course we will give chance to exonerate anyone among them. Provided that the person seeking to be exonerated can show a transcript of their meetings that will prove that he stood firm in his personal conviction and principle to SAY NO to an inappropriate exemption lobby. But since it appears that none of them said NO upon impact, then TOLERATION is present. Anyone who tolerates an act of treachery is a traitor himself, even if he did not actually involved himself in the masterminding of the treacherous act.

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THREE ATTEMPTS OF INSERTION ANOMALY

QUESTION: Sir John, what exactly is the insertion that the PRB-RES proposed that you are against of?

ANSWER: The law says:

"SEC. 28. Exemptions from the Acts Constituting the Practice of Real Estate Service. The provisions of this Act and its rules and regulations shall not apply to the following: (A) Any person, natural or judicial, who shall directly perform by himself/herself the acts mentioned in Section 3 hereof with reference to his/her or its own property, except real estate developers;"

Contrary to that provision of the law, the PRB-RES accommodated the lobby of the real estate developers. The PRB-RES allowed themselves to be used as frontline in proposing, insisting, and justifying the following anomalous insertions below in red bold italics.


LATEST INSERTION ATTEMPT

SEC. 28. Exemptions from the Acts Constituting the Practice of Real Estate Service The provisions of this Act and its rules and regulations shall not apply to the following: A) Any person, natural or judicial, who shall directly perform by himself/herself the acts mentioned in Section 3 hereof with reference to his/her or its own property, except real estate developers. For this Purpose, however, those who are employed by such persons or entities who shall perform said acts, with reference to his/her employer's property, engaged in the practice of real estate service and receiving compensation from such persons or entities, shall be exempt.

TWO PREVIOUS INSERTION ATTEMPTS

SEC. 28. Exemptions from the Acts Constituting the Practice of Real Estate Service The provisions of this Act and its rules and regulations shall not apply to the following: A) Any person, natural or judicial, who shall directly perform by himself/herself the acts mentioned in Section 3 hereof with reference to his/her or its own property, except real estate developers with respect to their external brokers and salespersons.


SEC. 28. Exemptions from the Acts Constituting the Practice of Real Estate Service The provisions of this Act and its rules and regulations shall not apply to the following: A) Any person, natural or judicial, who shall directly perform by himself/herself the acts mentioned in Section 3 hereof with reference to his/her or its own property, except real estate developers who are real estate practitioners, as defined under Section 3g. For this purpose, however, those who are employed by such persons/entities/real estate developers, who shall perform said acts with reference to his/her employer's property, and receive compensation therefore, shall not be deemed engaged in the practice of real estate service.

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"IN-HOUSE SALESPERSONS OF DEVELOPERS ARE EMPLOYEES" --- THIS IS A FALSE CLAIM

In fact, there is labor management malpractice anomaly in the operation of real estate developers. Those in-house salespersons they claim to be "employed" in their company are actually not employees but independent contractors. Those developers' in-house salespersons do not have salaries, benefits, and leaves that are accorded to regular employees. Even some of their in-house sales managers who have worked for them as salespersons for a long time already. In the developers, the policy is always NO SALES NO PAY.

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BANK FORECLOSURE SALES - WRONG ANALOGY

QUESTION, Sir John, the PRB-RES used a comparative analogy to exempt the developers. The PRB-RES used the policy model of the in-house employees banks who are exempted from the RESA with regards to their activities in selling foreclosed properties. What can you say about this?

ANSWER: The current members of the PRB-RES are ignorant. They need to go back to the Basic Comprehensive Real Estate Seminar. For your information, banks are primarily in the business of selling loans and they derive income from the interest. Banks are not in the income-generating business of selling properties. Foreclosed properties are being sold by banks in compliance to standing Court Order as part of the remedies to repay an unpaid loan.

Developers, on the other hand, are in the business of habitual real estate sale and lease for profit. Real estate sales is their regular profession. The agents of developers, both in-house and external, are practicing the income-generating profession of the real estate salesman and broker. This is the reason why they are covered by the professionalization intent of the RESA.

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PRB-RES ABUSE OF AUTHORITY

QUESTION: Sir John, the PRB-RES Draft IRR seems to accommodate exemption of the real estate developers from the coverage of the RESA. The PRB-RES thinks that they have the quasi-judicial power to grant exemption as part of their function to develop the IRR. What do you think about this?

ANSWER: The PRB-RES mandate is to develop an IRR that is consistent with the RESA. The PRB-RES does not have a power to grant exemption to certain groups, this is not part of their function and mandate, this power is exclusive only to Congress. If they will grant exemption to the developers, the IPORESP or any individual may file a complain to the PRC and have the incumbent PRB-RES impeached for reason of loss of trust and confidence.

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PRB-RES INCOMPETENCE

QUESTION: Sir John, what else did you observed during the conference?

ANSWER: I also observed that the current PRB-RES are technically "incompetent" for lack of knowledge. There were lots of questions that the PRB-RES did not answered correctly, if they take the Real Estate Broker's Exam, I don't think they will get a passing mark. I don't even think the PRB-RES have read and comprehended the RESA Law.

There was a question about the necessity of the redundant licensing with the DTI and the HLURB. The PRB-RES did not answer it correctly.

There was a question about the definition of "active" and "relevant CPE" in Section 20-A. The PRB-RES did not answer it correctly.

There was question about citizenship. The PRB-RES did not answer it correctly.

There was a question about standardization of professional fees. The PRB-RES did not answer it correctly.

There was a question about notarial requirement. The PRB-RES did not answer it correctly.

There was a question about professional tax. The PRB-RES did not answer it correctly.

There was a question about the definition of "business-related course". The PRB-RES did not answer it correctly.

All in all, surprisingly, if you have listened to the answers of the PRB-RES, it was a jaw-hanging experience to notice that the PRB-RES did not answer all of these questions correctly.

These current PRB-RES guys are ridiculous and incompetent advocates of RESA despite their claim that they spent 12 days on a workshop about RESA.

If you read their 3-page hand-outs on the highlights and salient points of the IRR for discussion, it is a piece of junk, I would not pay 100 pesos for someone to write this piece of junk material. It is embarrassing they claim they spent that they spent 12 days on a workshop about IRR.

The current PRB-RES is a perfect picture of incompetence in terms of technical expertise, I don't think they are capable of starting up a licensing institution for real estate professionals.

Obviously, the PRB-RES is not even aware of the existence of the Article 5 of the IRR of PD 957 under the HLURB that requires ALL salespersons of developers to get the necessary professional license and registration from DTI before they practice. These members of the PRB-RES seem to pretend that they are not aware that developers have been violating this PD 957 IRR requirement since 2001.

Why? Because these are the very same people who kept the IRR silent in the Brokers and Salespersons Training so that it will not be implemented by the developers and the HLURB. These people are the masterminds and protectors of pack of wolves dressed in sheep's clothing. These persons are the enemies from within our ranks. And now, they hold the position as Board of RES and they sure are going to exempt the colorum from the law. Simple TREACHERY.


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PRB-RES VIOLATION OF THE RA 9646 MANDATE

QUESTION: Sir John, have the PRB-RES violated any of its mandate?

ANSWER: YES. Definitely YES! One of the mandates of the PRB-RES is to (Section 5, paragraph H) Safeguard and protect legitimate and licensed real estate service practitioners and, in coordination with the accredited and integrated professional organization of real estate practitioners, monitor all forms of advertisements, announcements, signboards, billboards, pamphlets, brochures and others of similar nature concerning real estate and, where necessary, exercise its judicial and police powers to finally and completely eradicate the pernicious practices of unauthorized or unlicensed individuals;

With the Draft IRR shown by PRB-RES, I think they have abused their powers as they proposed to exempt the developers from the RESA. They have totally disregarded the order of the Law that explicitly includes the developers in the coverage of RESA.

PRB-RS admitted they are "accommodating" the lobby of some groups on the exemption of the developers. They were asked by one gentlemen on who are behind the lobby and the PRB-RES refused to answer the query.

In this case, I firmly believe that if they have the professional decency, they should have referred the lobbyists to Congress which is the right venue for Laws to be amended. The PRB-RES have clearly abused their powers, wasted official time, and have played with fire with the subjects of the law as they spent their 12 days session with the lobbyists trying find a way to exempt the developers from the RESA.

I am a licensed broker, and I strongly make a statement that the current chairman and members of the PRB-RES have lost their integrity from my perspective. They have forgotten that they belong to the group of the licensed practitioners. They have connived with the groups that cultivated the growth of the virus we call unlicensed real estate practitioners.

I think it is just appropriate that they will tender resignation before this anomaly will explode.

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REQUESTING THE RESIGNATION OR REMOVAL
OF THE CURRENT PRB-RES

QUESTION: Sir John, how can we change the current chairman and members of the PRB-RES if we have lost trust and confidence on their integrity?

ANSWER: They have the option to resign. But if they will not, I will be challenging the PRC to conduct open investigation to get to the bottom of why they inappropriately accommodated the exemption lobby instead of referring them to Congress. Without open investigation, I will continue confronting them and exposing them in the Internet. But the bottomline is, once the trust and confidence is lost, they have to be removed.

Sec. 9 of RESA is about Removal of the Chairperson and the Members of the Board. The chairperson or any of the Board may be suspended or removed by the President of the Philippines, upon the recommendation of the Commission, for neglect of duty; abuse of power; oppression; incompetence; unprofessional; unethical, immoral, or dishonorable conduct; commission or toleration of irregularities in the conduct of examination or tampering of the grades therein; or for final judgment or conviction of any criminal offense involving moral turpitude.

In short, we have to be vigilant and continue talking about about this PRB-Developer Tie-up Anomaly and explore the option of filing a consolidated complain to the PRC against the incumbent PRB-RES who are traitors to the profession. If you notice their arrogance on stage, they are too pretentious of their technical expertise. The only room for improvement for these guys is outside the PRB-RES. They must Resign or be Removed, and then replaced using meritocracy.

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PRB-RES IRREGULAR SELECTION PROCESS


QUESTION: Sir John, how did these traitors penetrated the PRB-RES in the first place?

ANSWER: I don't know who connived, but definitely, the selection process was somewhat irregular. The nomination was through closed-door process. The Professional Regulation Commission failed to mandate the Interim APO to announce and open the position to everyone interested to apply. Sila-sila lang ang nag-usap in a small group of conspirators, they left out those independent licensed professionals without associations who compose the biggest share of the pie in terms of numbers. What happened was an "internal arrangement". That is how we were penetrated. That is the result of undemocratic process.

President Noynoy Aquino believes in democracy and meritocracy. He does not like anomalies to start up his Presidency. He will eventually know about this scandal.

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ADVOCACY MESSAGES TO SUPPORT RA 9646


RA 9646 PROVIDES SAFETY-NET AND PROTECTION TO ALL AGENTS ESPECIALLY IN-HOUSE SALESPERSONS OF THE DEVELOPERS



QUESTION: Sir John, the greatest fear of the implementation of RESA is that it may displace in-house salesmen employees who are colorum. What can you say about this?

ANSWER: NO. Definitely not. RESA wants EVERYONE who practice real estate service to become professional, licensed, and regulated under a common Code of Ethics and Educational Standard. RESA wants all practitioners to undergo a formal training, which allows the in-house employees of the developers to take.

Part of the quality control measures of the RESA is that there will be examination for brokers, which allows the in-house employees of the developers to take. RESA also wants all salespersons to be supervised by a licensed broker on a 20:1 ratio, which allows the developers to hire brokers, and if they can't afford brokers, they are allowed to have their in-house salespersons to avail of the professional supervisory requirement from external brokers.

Actually, RESA intends to protect the in-house salespersons. Many in-house sales employees and agents of developers complain of labor malpractices and non-payment of commissions. They cannot come out to complain because they are classified as "illegal sales agents" under the Rule 5 of the IRR of the PD 957 being implemented by the Housing and Land Use Regulatory Board. With RESA, as soon as these in-house sales agents become accredited under the care and supervision of professional brokers, they will get all the protection against the maltreatment of developers.

The PRB-RES does not think the way I think. The PRB-RES has no capability to advocate and reason out to protect the RESA in a manner I can. That is why their principles can easily be bought by the lobbyists who want the developers to get exemption. Twelve days dining and wining is enough to make the current members of the PRB-RES to switch position as representatives of the developers. And this is one of the anomalies I can smell here.


WE MUST BE WILLING TO PAY THE PRICE OF PROFESSIONALIZATION

QUESTION: Sir John, The RESA now have a requirement that a real estate salesman must have finished second-year college. Will this displace those who cannot meet it?

ANSWER: YES. And that is the price we have to pay to achieve the professionalization. Education, Training and Quality Control is part of the upgrade that we have to pay as a nation.

By the way, most developers now require college degree to their job applicants, so I think it will be a very isolated case if they have elementary graduates sales staffs. Look, the law is very lenient, it only requires completion of 2nd year college to meet the requirement to become a registered Salesman.

INJECT AN ANTIDOTE TO CURE THE NEGATIVE CORPORATE ATTITUDE TOWARDS PROGRESS

What is wrong is the negative corporate management attitude of some developers and the misguided mentality of the officers and men of their in-house salespersons. They look at RA 9646 as a threat to their security of tenure. What they can't see is that it is an opportunity for them to become licensed and professionalized through intensive training and board exam.

Corporations should have positive attitude towards progress and external demand for upgrade. When there is a need to upgrade technology or staff qualifications, the action item of corporations should be on training rather than replacing the staff. If I am a President of the Developer Corporation, I would be willing to invest more to train my sales managers so they will pass the brokers exam. There should be no threat of displacement.

The in-house agents and salespersons of the developers are not being restricted by the law to benefit on the upgrade mandate of the RA 9646. The advocacy that I am fighting for is to encourage the colorum in-house agents to train and pass the exam.

APPOINT A GOOD PRB-RES CHAIRMAN

QUESTION: Sir John, what is the ideal Chairman of the PRB-RES and the ideal IPORESP?

ANSWER: The ideal Chairman should be without a doubt an advocate of RA 9646, service-oriented, has good plan on how to start-up the new Board, dedicated, innovative, and someone from the new generation. I could better answer this by assuming that I am the Chairman and I will tell you my plans and programs. Please do not misconstrue me as "wanting" to be a Chairman of the PRB-RES, I am just showing everyone a good mirror image for the Chairman to follow.

It will not bother me if anyone else other than me will get the Chairmanship of PRB-RES or President of IPORESP and adopt the IPORESP Plans and Programs I have in mind.

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WORKING TOGETHER AS A TEAM

QUESTION: Sir John, are you willing to work with the current PRB-RES in one team?

ANSWER: If we can resolve the issue of lost of trust and confidence, definitely YES. But I am more inclined on their resignation.

Whoever sits there in the Board have to work hard and be loyal to the RA 9646. This is why I believe that those interested must submit an application to the IPORESP and each applicant have to be screened properly and interviewed as part of the selection process.

I have good plans for the implementation and advocacy of RA 9646, and I am very interested to present myself before the National Convention of a genuine IPORESP. I don't like what they did of merely making the FRESA as interim IPO. There has to be a National Convention of IPORESP where we can vote for our officers, trustees, and nominees to the PRB-RES in a democratic manner.

What I like most is that there are international groups who are interested to accommodate advocacy projects for the RESA, and perhaps make me a consultant.

No matter what will happen, I am an independent Advocate as I am right now. I am answerable only to my country and my own conscience. The bottom-line is, my heart speaks that I will advocate the RA 9646 no matter what will happen, this is one of my major purpose of living.

During that dummy consultative conference, can you still remember how many times the current Board repeatedly mentioned that you can tell them your comments and suggestions and unsolicited advice?

I think I heard the word "unsolicited advice" from them at least five times. That was a show of arrogance that later on backfired to them as we noticed their incompetence in the subject matter of the RA 9646.

They are too thick-faced to call that conference a "consultative meeting" if they keep on telling us that our comments are "unsolicited advice". It was clear that they were there not to consult us on the IRR. They were there to just display their arrogance on stage.

So, was there ever a consultative meeting yet on the IRR? The answer is NONE NONE NONE NONE NONE. Definitely NONE yet ever! This anomaly will make the IRR that they are drafting now as questionable, dictatorial, undemocratic, and maliciously manipulated, aside from the fact that it obviously went away to conflict the RA 9646.


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DEDICATION

I dedicate this blog to my newly-found friends during the conference that congratulated me after I insisted to deliver my exhortation speech against the PRB-RES (they took 32 pieces of my calling cards). I thought I was alone in this struggle to advocate RA 9646. You guys inspired me even more.

Just a thought that crossed my mind. I believe that even before the conference, the PRB-RES already identified me as the number 1 advocate of the professionalization of the real estate service. They are anti-RESA and this is the reason why they did not accommodate my request to talk despite the fact that I have raised my hand over a hundred times all throughout the conference (everyone noticed this).

In short, "takot" and PRB-RES sa akin that is why they resorted to that "oppressive" behavior of not recognizing my request to speak. They even resorted to cutting the power of my microphone in that conference while I am in the middle of my speech.

I'll teach them a lesson to never suppress the Voice of the Resistance. Let us all spend time and days to look for brokers and consumer rights activists in Facebook to spread the word below. My own personal target is 1,000 people.

"I am so disappointed that the members of the Professional Regulatory Board - Real Estate Service have betrayed the licensed professionals. I believe they are wrong and we, as CONSUMERS in general, should unite and stand to protect the RESA… Read more at http://petalcorin.blogspot.com/2010/06/treachery-of-prb-res-on-resa-irr.html Please spread this message if you are with me in this fight to protect the RESA."

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SPEAKING ENGAGEMENTS and
COORDINATION OF ADVOCACY

QUESTION: Sir John, what exactly are we going to do now to protect the RESA from the traitors who now occupy the seats in the PRB-RES?

ANSWER: First, we have to integrate ourselves into ONE BIG GROUP. I have created a Facebook Group for our IPORESP at http://www.facebook.com/topic.php?topic=136&uid=123801497658445. Please join the group and add me up as Friend so I can easily communicate to you by Facebook.

At this time of RESA crisis, it does not matter anymore if you are PAREB or REBAP or you have no organization. It does not matter if you are independent or in-house, or with or without license and registration. We are now called IPORESP -- Integrated Professional Organization of Real Estate Service Practitioners. What is important is we consolidate ourselves. As automatic member of IPORESP, you must join our group in Facebook titled IPORESP (click the logo below) because Facebook is the primary way we can communicate and coordinate activities efficiently.

You can also print this blog of mine and distribute it among the members of you local real estate professional associations. Open this issue for discussion among yourselves. I am also willing to come over to your small group meetings if you want to personally hear me talk about our advocacy.

Our organization's objective is to defeat the existing dummy IPO that the developer lobbyists organized and used to manipulate the PRC. I just don't want to mention names, but I have received reports this dummy IPO is composed of high ranking officials of the old Federation of Real Estate Service Association (FRESA), REBAP, PAREB, and CREBA that you all might personally know. You should not forget that FRESA was a lame sitting duck for decades in our fight against the colorum.

I am so disappointed that many of them turn out to be traitors in our profession. This dummy IPO they are putting up right now who nominated the PRB-RES are the same people who did nothing to advocate the MO-39 and the IRR of PD 957 -- they are now on board to manipulate the RA 9646.


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OPINION OF OTHER REALTORS

Armando Macasieb Valencerina on 10 June 2010.

I share the same sentiments that you expressed during the public hearing of the IRR of RA 9646.

I was completely dismayed, frustrated and appalled and yes as you aptly put it – “betrayed” - by the way the Board defended their position regarding the exemption to the practice of real estate.

It is clear that under Section 28 as cited above, the exceptions in Sec. 28 (a) that the law exempts “Any person, natural or juridical, who shall directly perform by himself/herself the acts mentioned in Section 3 hereof with reference to his/her or its own property”. An exception to this section are real estate developers.

The way I understand the law, real estate developers are an exception to an exception.. Therefore, the provisions of the Act and its Rules and Regulations shall also apply to them as as well as this is mandated by law. If the law intended that real estate developers be exempt, the law should be explicit.

As we all know, during the public hearing, despite Section 28 (a) as above cited the Professional Regulatory Board of Real Estate Service proposed the following in it's Implementing Rules and Regulations:

“a. Exemptions from Acts Constituting the Practice of Real Estate Service -

The provisions of R.A. 9646 and this IRR shall not apply to the following:

1.Any person, natural or juridical, who shall directly perform by himself / herself the acts mentioned in section 3 hereof with reference to his / her or its own property, except real estate developers. For this purpose, however, those who are employed by such persons or entities who shall perform said acts, with reference to his / her employer's property, engaged in the practice of real estate service and receiving compensation from such persons or entities shall be exempt.” [insertions marked in italics]


The Board explained that the above exemption shall apply exclusively to in-house agents employed by and receiving compensation from real estate developers... Clearly, the IRR is not in accordance / consonance with and is contrary to Section 28 (a) of RA 9646.

The Board may make only such rules and regulations as are within the limits of powers grated to it. It may not make rules and regulations which are inconsistent with the provisions of the Constitution or a statute (law) particularly the statute / law it is administering or which created it or which are in derogation of, or defeat the purpose of the statute / law.

Furthermore, it may not, by its rules and regulations, amend, alter, modify, supplant, enlarge, or limit the terms of a legislative enactment. In case of discrepancy between the basic law and the rule or regulation issued to implement the law, the basic law prevails because the said rule or regulation cannot go beyond the terms and provisions of the basic law. Lastly, a rule or regulation should be uniform in operation, reasonable and not unfair or discriminatory.

However, in proposing the above cited provision in the IRR, the Board completely changed the tenor and intent of the law thereby completely amending the law such that developers are no longer covered by the said act. This is in effect an amendment, alteration, modification, in derogation and defeats the purpose of the law.

Furthermore, the IRR in exempts and expressly allows the proliferation of a particular class of unlicensed real estate practitioners.. The proposed section in the IRR is not uniform in its operation and application, is very unreasonable, unfair and discriminatory.

I am sending this to all my fellow realtors so that they may make the same united stand against the above provision of the IRR.

+++++

I just finished reading your revised article. You truly are an advocate and you write with purpose, passion, and determination.

I stayed up late last night to read your articles which I found very informative and inspiring. I see that you have tapped that inner fire that drives you to be the best in you..

John, do you remember the guy who questioned the Board as to how and who formulated the IRR? He also had a point. He was inquiring as to who participated in the formulation of the IRR The Board did not make a categorical answer but said that it was in accordance with what the law provides. If we go into the language of the law, section 42 of RA 9646 states that:

“Sec. 42. Implementing Rules and Regulations. - Within six (6) months after the effectivity of this Act, the Commission, together with the Board and the accredited and integrated professional organization of real estate service practitioners, the Department of Finance, and the CHED, shall prepare the necessary rules and regulations, including the Code of Ethics and Responsibilities for real estate service practitioners, needed to implement the provisions of this Act”.

The accredited and integrated professional organization of real estate practitioners should have been involved in the formulation of the IRR. Apparently, the AIPO did not have any participation because otherwise the Board would have stated so. Instead the Board chose not to give a definite answer the question.

I have started to read the law again in detail...and again... on the issue of exemption, the law clearly applies to the developers considering that Section 32 defines the corporate practice of real estate. The proposed IRR insofar as it exempts the developers is an insult to all licensed real estate brokers and licensed salespersons..

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ANECDOTE

Talking about "insertion", did you know that raping a minor is called Statutory Rape, it is punishable by death. Raping the very young and newly implemented RESA Law is like Statutory Rape. What is worse is, the abuse is done by the yucky Dirty Old Men of the Real Estate Service Industry, the very same people who did nothing about the colorum during their long period of leadership with their respective organizations under the MO-39. The oldies and the usual faces must go if we want to go forward.

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PERVERTED LEGAL OPINION

COMMENT: Sir John, I think the inclusion of "real estate developers" as an exemption to the exemption from coverage of the law is downright illegal and violative of the constitution... You're not a lawyer. I don't blame you for your limited understanding... However, if not corrected in the IRR, the law may be stricken down as unconstitutional...I like your comments against the PRBRES Chairman. Can you tell us more about his background? -- Atty. Carlos Velasco

MY RESPONSE: Atty. Velasco, I am not a lawyer, but I love laughing at lawyers who earn a living out of twisting laws, specially those who is very "assuming" about Supreme Court decision. Before you assume the decision of the Supreme Court, kindly bring your opinion to the Supreme Court first, and be a Supreme Court Justice first yourself. I am not the right person to convince about the alleged unconstitutionality of this particular law I strongly advocate. Did you know how many lawyers reviewed the draft of this law for 23 years in Senate and House? Oh you must be unthinkably good to say that you are better than all of them. By the way, did you know why the highly-paid lawyers of those big rich manipulative developers did not question the constitutionality of the RESA Law in the Supreme Court? Well, it's because they know their unconstitutionality argument won't stand. You are a lawyer, I don't blame you either about your limited understanding about my consumer protection advocacy that intends to reduce real estate cases in courts.

About the PRB-RES Chairman's profile, well, I know his profile, but as I associate this man with his treachery to us, everything about him just make me vomit. I think you can find him in PRC. Why do you look for a treacherous man? Are you an ambulance-chaser type of an Attorney?

Do you have a photo or a Facebook Account so I can hyperlink your name just in case people would like to know who you are and they would like to comment on your position?

// John Petalcorin

PRB-RES Midnight Appointments?

QUESTION: Sir John, is the Professional Regulatory Board of the Real Estate Service (PRB-RES) can be classified as on of the midnight appointments?

ANSWER: I don't know but there is something fishy if the appointment came out after 26 March 2010. But based on my talk with Julius Topacio of REBAP, he said that the appointment came out on 09 March 2010. So there should be no midnight appointment. But still, they still have to tender their courtesy resignation to the new President.


LEGAL BASIS ON MIDNIGHT APPOINTMENTS
I would like to cite Section 261 of the Omnibus Election Code which prohibits the “appointment of new employees” during the period before the elections. It states:

“During a period of forty-five days [approximately 1.5 months] before a regular election... any head, official or appointing officer of a government office, agency or instrumentality, whether national or local, including government-owned or controlled corporations, who appoints or hires a new employee, whether provisional, temporary or casual, or creates or fills a new position, except upon prior authority of the Commission [on Elections]. The Commission shall not grant the authority sought unless, it is satisfied that the position to be filled is essential to the proper functioning of the office or agency concerned, and that the position shall not be filled in a manner that may influence the election.”

In addition, Section 264 of the Omnibus Election Code provides that “any person found guilty of any election offense under this Code shall be punished with imprisonment of no less than one year, but no more than six years and shall be subject to probation,” in which the offender will be perpetually barred from holding any government post and will not be allowed to vote.

HOW THE PRB-RES WERE APPOINTED

On 27 November 2009, the PRC published their resolution that recognized the FEDERATION OF REAL ESTATE SERVICE ASSOCIATIONS (FRESA) as INTERIM Accredited Professional Organization of Real Estate Service Practitioners (PORESP). Take note that FRESA membership is just a subset of the total number of licensed Real Estate Professionals in the Philippines. Most real estate practitioners are non-members of FRESA.

On 28 November 2009, the FRESA submitted to PRC a list of nominees for the PRB-RES. They selected nominees in a closed door process ' "sila-sila lang". I can say this because I cannot recall hearing any rumor about a National Convention of the Real Estate Practitioners.

On 01 April 2009, despite ban of midnight appointment, the PRC proceeded with the appointment.

WHAT SHOULD HAVE BEEN DONE?

1. The FRESA, being an interim PORESP, should have first formed a group of trustees within the FRESA to act as selection and evaluation committee for the PRB-RES.

2. Then FRESA should have announced the invitation for qualified real estate practitioners (both members and non-members of FRESA) to submit application for the Board Membership.

3. Then FRESA Trustees should have interviewed the applicants and select the nominees.

4. Then the PRC will evaluate and interview the nominees.

5. Then the PRC will recommend the nominees to the President of the Republic of the Philippines, with a note that midnight appointment should be avoided.


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Below are some relevant PRC documents related to the Real Estate Service Act.

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PROFESSIONAL REGULATORY BOARD OF REAL ESTATE SERVICE

April 1, 2010

The first Professional Regulatory Board of Real Estate Service [ PRBRES ] was finally created with the members thereof being inducted at oathtaking ceremonies held at the Professional Regulation Commission last Friday, 26th March 2010 at the PRC Office.

The Professional Regulatory Board of Real Estate Service is composed of the following:

1. EDUARDO G. ONG, Chairman,
2. BANSAN C. CHOA
3. RAMON C.F. CUERVO III ( PAREB Manila Board of Realtors®)
4. RAFAEL M. FAJARDO (PAREB-Bulacan Realtors® Board)
5. FLORENCIO DINO

Under Sec. 4, Article II of the Real Estate Service Act of the Philippines, the Professional Regulatory Board shall be created, as follows:

"SEC. 4. Creation and Composition of the Board. – There is hereby created a Professional Regulatory Board of Real Estate Service, hereinafter referred to as the Board, under the supervision and administrative control of the Professional Regulation Commission (PRC), hereinafter referred to as the Commission, composed of a chairperson and four (4) members who shall be appointed by the President of the Philippines from the three (3) recommendees chosen by the Commission from a list of five (5) nominees per position submitted by the accredited and integrated professional organization of real estate service practitioners: Provided, That two (2) of the members of the Board shall represent the government assessors and appraisers.


The first Board shall be organized within six (6) months from the effectivity of this Act."


As the RESA became effective last July 29, 2009, the Board should have been formed last January 2010 as the law provided that the first Board shall be organized within six (6) months from its effectivity. Notwithstanding the delay in the creation of the first Board, the final creation of the PREBRES is a welcome move as the real estate service industry has practically been at a standstill pending the creation of the Real Estate Service Board.


The first major task of the Real Estate Service Board is really to come up with the implementing rules and regulations to implement the Real Estate Service Act [ Implementing Rules and Regulations, RESA RA 9646 ] in order to guide the real estate service industry as to the implementation of the RESA.

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THE REAL ESTATE SERVICE ACT of the PHILIPPINES
Nominees to the REAL ESTATE BOARD
Republic of the Philippines
Professional Regulation Commission
Manila


A N N O U N C E M E N T
28 November 2009

The following are the nominees/applicants for appointment to vacant positions in the Professional Regulatory Boards. In compliance with Executive Order No. 496, Series of 1991, the Professional Regulation Commission is inviting anyone who may have derogatory information against any of the nominees which may render him unfit for the position to inform the Commission within a period of ten (10) days from such publication.


1. For appointment as Chairman/Member of the Board of Geology, as nominated by the Geological Society of the Philippines:
a. SYLVIA G. RAMOS
b. ROLANDO E. PENA
c. RENE JUNA R. CLAVERIA
d. ERNESTO P. SONIDO
e. CARLO DAYANHIRANG


2. For appointment as Chairman/Member of the Board of Real Estate Brokers, as nominated by the Federation of Real Estate Service Associations (FRESA):


2.1 REAL ESTATE BROKERS
a. BANAAG, PILAR M. TORRES
b. CHOA, BANSAN C.
c. HERNANDEZ JANETTE S.J.
d. MAMARIL, GELACIO C.

2.2 REAL ESTATE APPRAISERS
a. ACADEMINA, TOMASITO Z.
b. ALVAREZ, CAROLINA O.
c. ANGELES, ERNESTO M.
d. CUERVO III, RAMON C.F.
e. SY, ROBERT MARIE C.


2.3 REAL ESTATE CONSULTANTS
a. DE VERA, DOMINGO D.
b. DULALIA, FLORENTINO JR. S.
c. FAJARDO, RAFAEL M.
d. MIRANDA, FERNANDO JR., M.

2.4 ASSESSORS AND GOVERNMENT APPRAISERS
a. SISON, GENER R.
b. ANGELES BENJAMIN
c. DINO, FLORENCIO C.
d. ALBEUS RAMON R.
e. SUSUSCO, ANTHONY
f. SUELAN, EDUARDO
g. ACEVEDO, EDWIN J.
h. CAELIAN, MERLITA
i. ABELLANOSA, ALMA V.
j. VERA CRUZ, NOEL
k. DE VERA, DOMINGO D.

(Sgd. ) NICOLAS P. LAPENA, JR.

Chairman
Published : Manila Standard Today
(MS)Nov. 28, 2009

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THE REAL ESTATE SERVICE ACT of the PHILIPPINES
RECOGNITION OF FRESA AS AN INTERIM APO

Republic of the Philippines

Professional Regulation Commission
Manila

RESOLUTION NO. 2009-538
Series of 2009

RECOGNITION OF THE FEDERATION OF REAL ESTATE SERVICE ASSOCIATIONS (FRESA) AS AN INTERIM ACCREDITED PROFESSIONAL ORGANIZATION OF REAL ESTATE SERVICE PRACTITIONERS (APORESPs)
27 November 2009


WHEREAS, on June 29, 2009, President Gloria Macapagal-Arroyo approved and singed into law Republic Act No. 9646 entitled as “An Act Regulating the Practice of Real Estate Service in the Philippines, Creating for the Purpose a Professional Regulatory Board of Real Estate Service , Appropriating Funds therefore and for other Purposes”, known as “The Real Estate Service Act of the Philippines”;

WHEREAS, Section 4, Article II of R.A. No. 9646 states, to wit:

“ Section 4. Creation and Composition of the Board. – There is hereby created a Professional Regulatory Board of Real Estate Service, hereinafter referred to as the Board, under the supervision and administrative control of the Professional Regulation Commission (PRC), hereinafter referred to as the Commission, composed of a chairperson and four (4) members who shall be appointed by the President of the Philippines from the three (3) recommendees chosen by the Commission from a list of five (5) nominees per position submitted by the accredited and integration professional organization of real estate service practitioners: Provided, That two (2) of the members of the Board shall represent the government assessors and appraisers”.

WHEREAS, pending accreditation of an integrated professional organization of real estate service practitioners (RESP’s) by the Board subject to approval by the Commission pursuant to Sec. 34, Art. IV of R.A. 9646, there is a need to recognize an interim APO for the RESP’s that shall submit the list of nominees for the first composition of the Board to the Commission from whom the latter shall officially forward the ranked recommendees through issuance of a Resolution to the President for her appointment of the said composition;

WHEREAS, on October 21, 2009, the different organizations of RESPs held a meeting presided by the Commission Chairman to choose the Federation of Real Estate Service Associations (FRESA) who shall apply for accreditation as the interim APO for the RESPs by the Commission; and

WHEREAS, it was agreed that should FRESA be accredited as the interim APO, this Commission shall automatically disaccredit it after the accredited and integrated professional organization (APO) of RESPs shall have been constituted in accordance with Sec. 34, Art. IV of R.A. No. 9646;

NOW, THEREFORE, the Commission RESOLVES, as it hereby RESOLVED, to recognize the FEDERATION OF REAL ESTATE SERVICE ASSOCIATIONS (FRESA) as INTERIM Accredited Professional Organization of Real Estate Service Practitioners; and accordingly, to issue thereto a Certificate of Accreditation upon payment of the prescribed fees therefor;

FUTHER, RESOLVED, that FRESA, after its accreditation, shall submit the list of five (5) ranked nominees per position to the Commission from whom three (3) thereof shall be chosen and recommended by the latter to the President for her appointment in the light of Sections 4, 6 and 7, Art. II of R.A. No. 9646 pursuant to Sec. 42, Art. V. Thereof and in performing other tasks prior to the constitution of the accredited and integrated professional organization of RESPs;

FURTHERMORE, RESOLVED, this Resolution shall take effect after fifteen (15) days following the full and complete publication thereof in the Official Gazette or any newspaper of general circulation in the Philippines.

Let a copy of this Resolution be furnished FRESA for its information, guidance and dissemination to RESP’s Associations thereunder.

Done in the City of Manila, this 23rd day of November, 2009.


(Sgd. ) NICOLAS P. LAPENA, JR.
Chairman

(Sgd. )RUTH RANA-PADILLA
Commissioner


(Sgd.) NILO L. ROSAS
Commissioner

Published : Manila Standard Today
(MST)Nov. 27, 2009

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