Congress of the Philippines
Fourteenth Congress
[ REPUBLIC ACT
NO. 9646 ]
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 THEREFOR AND FOR OTHER PURPOSES
Be
it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
ARTICLE I
TITLE, DECLARATION OF POLICY AND DEFINITION OF TERMS
SECTION 1.
Title. - This Act shall be known as the. "Real Estate Service Act of the Philippines".
SEC. 2. Declaration of Policy. - The State recognizes the vital role of real estate service practitioners in the social political, economic
development and progress of the country by promoting the real estate market, stimulating economic activity and enhancing government
income from real property-based transactions. Hence, it shall develop and nurture through proper and effective regulation
and supervision a corps of technically competent, responsible and respected professional real estate service practitioners
whose standards of practice and service shall be globally competitive and will promote the growth of the real estate industry.
SEC. 3. Definition of Terms. - As used in this Act, the following terms shall mean:
A. "Appraiser" also known as valuer, refers to a person who conducts valuation/appraisal; specifically, one who possesses the necessary
qualifications, license, ability and experience to execute or direct the valuation/appraisal of real property.
B. "Assessor" refers to an official in the local government unit, who performs
appraisal and assessment of real properties, including plants, equipment, and machineries, essentially for taxation purposes.
This definition also includes assistant assessors.
C. "Real estate" refers to the land and
all those items which are attached to the land. It is the physical, tangible entity, together with all the additions or improvements
on, above or below the ground.
D. "Real estate development project" means the development of land for residential, commercial, industrial, agricultural, institutional or recreational
purposes, or any combination of such including, but not limited to, tourist resorts, reclamation projects, building or housing
projects, whether for individual or condominium ownership, memorial parks and others of similar nature.
E. "Real estate
developer" refers to any natural or juridical person engaged in the business of developing real estate
development project for his/her or its own account and offering them for sale or lease.
F. "Real property" includes all the rights, interests and benefits related to the ownership of real estate.
G. "Real estate service practitioners" shall refer to and consist
of the following:
1. Real estate consultant - a duly registered and
licensed -natural person who, for a professional fee, compensation or other valuable consideration, offers or
renders professional advice and judgment on: (i) the acquisition, enhancement, preservation, utilization or disposition of
lands or improvements thereon; and (ii) the conception, planning, management and development of real estate projects.
2. Real estate appraiser— a duly registered and licensed natural person who, for a professional fee, compensation or other valuable consideration,
performs or renders, or offers to perform services in estimating and arriving at an opinion of or acts as an expert on real
estate values, such services of which shall be finally rendered by the preparation of the report in acceptable written form.
3. Real estate assessor — a duly registered and licensed natural person who works
in a local government unit and performs appraisal and assessment of real properties, including plants, equipment, and machineries,
essentially for taxation purposes.
4. Real estate broker —a duly registered
and licensed natural person who, for a professional fee, commission or other valuable consideration, acts as an agent of a
party in a real estate transaction to offer, advertise, solicit, list, promote, mediate, negotiate or effect the meeting of
the minds on the sale, purchase, exchange, mortgage, lease or joint venture, or other similar transactions on real estate
or any interest therein.
5. Real estate salesperson - a duly accredited natural
person who performs service for, and in behalf of. a real estate broker who is registered and licensed by the Professional
Regulatory Board of Real Estate Service for or in expectation of a share in the commission, professional fee, compensation
or other valuable consideration.
ARTICLE II
PROFESSIONAL REGULATORY BOARD OF REAL ESTATE SERVICE
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.
SEC. 5. Powers and Functions of the Board. — The Board is hereby
vested the following powers and functions:
A. Provide comprehensive
policy guidelines for the promotion and development of the real estate industry;
B. Conduct licensure examinations for the practice of the real estate service profession and prescribe the
appropriate, syllabi of the subjects for examination;
C. Issue, suspend,
revoke or reinstate, after due notice and hearing, certificates of registration or professional identification cards for the
practice of real estate service;
D. Maintain a
comprehensive and updated register of licensed real estate service professionals;
E. Monitor the conditions affecting the practice of real estate service and adopt such measures as may be proper
for the enhancement of the profession and/or the maintenance of high professional, ethical and technical standards;
F. Adopt a national Code of Ethics and Responsibilities
to be strictly observed by all licensed real estate service practitioners;
G. Hear or investigate any violation of this Act, its implementing rules and regulations, and the Code of Ethics
and Responsibilities for real estate service practitioners and issue subpoena and subpoena duces tecum to secure the appearance
of witnesses and the production of documents in connection therewith;
H. Safeguard and protect legitimate and licensed real estate service practitioners and, in coordination with
the accredited and integrated professional organization of real estate service practitioners, monitor all forms of advertisements,
announcements, signboards, billboards, pamphlets, brochures and others of similar nature concerning real estate and, where
necessary, exercise its quasi-judicial and administrative powers to finally and completely eradicate the pernicious practices
of unauthorized or unlicensed individuals;
I. Prescribe,
in cooperation with the Commission on Higher Education (CHED) or the concerned state university or college, the essential
requirements as to the curricula and facilities of schools, colleges or universities seeking permission to open academic courses
or already offering such courses in real estate service, and to see to it that these requirements, including the employment
of qualified faculty members, are properly complied with;
J. Promulgate,
administer and enforce rules and regulations necessary in carrying out the provisions of this Act;
K. Supervise and regulate the registration, licensure and practice of real estate service in the Philippines;
L. Assess and fix the rate of reasonable regulatory
fees;
M. Administer oaths and affirmations;
N. Adopt an official seal of the Board;
O. Evaluate periodically
the status of real estate service education and profession, and recommend and/or adopt measures to upgrade and maintain its
high standard;
P. Prescribe guidelines and criteria for the Continuing Professional Education (CPE) program for
real estate service practitioners in consultation with the accredited and integrated professional organization of real estate
service practitioners;
Q. Screen, issue and
monitor permits to organizations of real estate professionals in the conduct of seminars and accredit such seminars pursuant
to the CPE program, as well as the instructors or lecturers therein, for the purpose of upgrading the quality and knowledge
of the profession;
R. Monitor and supervise
the activities of the accredited and integrated professional organization and other associations of real estate service practitioners;
and
S. Discharge such other powers, duties and functions
as the Commission may deem necessary to carry out the provisions of this Act.
The policies, resolutions and rules and regulations issued or promulgated by the Board shall be subject to
the review and approval by the Commission. However, the Board's decisions, resolutions or orders which are not interlocutory,
rendered in an administrative case, shall be subject to review by the Commission only on appeal.
SEC. 6. Qualifications
of the Chairperson and Members of the Board. - The chairperson and the members of the Board shall, at the
time of their appointment, possess the following qualifications:
A. A citizen and resident of the Philippines;
B. A holder of a bachelor's degree related to real estate;
C. An active licensed practitioner of real estate service for at least ten (10) years prior to his/her appointment;
D. A bona fide member in good standing of the accredited
and integrated professional organization of real estate service practitioners but not an officer or trustee at the time of
his/her appointment;
E. Neither be a member
of the faculty of an institute, school, college or university, nor have any pecuniary interest, direct or indirect, in any
institution or association where review classes or lectures in preparation for the licensure examination are being offered
or conducted; and
F. Of good moral character,
and must not have been convicted by final judgment by a competent court of a criminal offense involving moral turpitude.
SEC. 7. Term of Office. - The chairperson and the members of the Board shall hold office for a term of three (3) years from the date of their
appointment and until their successor/s shall have been appointed: Provided, That the members of the first appointed Board
shall hold office for the following terms: one (1) member as chairperson, to serve for three (3) years; two (2) members, to
serve for two (2) years; and two (2) members, to serve for one (1) year.
The chairperson and the members of the Board may be reappointed for a second term but in no case shall he/she
serve continuously for more than six (6) years. Any vacancy in the Board shall be filled for the unexpired portion of the
term of the member who vacated the position. On the constitution of the first Board, the chairperson and the members of the
Board shall automatically be registered and issued certificates of registration and professional identification cards. Each
member of the Board shall take the proper oath of office prior to the assumption of duty.
SEC. 8. Compensation and Allowances of the Chairperson and Members of the Board. - The chairperson and the members of the Board shall receive
compensation and allowances comparable to the compensation and allowances received by the chairman and the members of existing
professional regulatory boards under the Commission, as provided for in the General Appropriations Act.
SEC. 9. Removal of the Chairperson and Members of the Board. - The chairperson or any member 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 any final judgment or conviction of any criminal offense involving moral turpitude.
SEC. 10. Supervision
of the Board, Custodian of its Records, Secretariat and Support Services. — The Board shall
be under the general supervision and administrative control of the Commission. All records of the Board, including applications
for examination, examination papers and results, minutes of deliberations, administrative and other investigative cases involving
real estate service practitioners, shall be kept by the Commission. The Commission shall designate the secretary of the Board
and shall provide the secretariat and other support services to implement the provisions of this Act subject to the usual
government accounting and auditing rules and regulations.
SEC. 11. Annual Report. - The Board shall, at the close of each calendar year, submit an annual report to the Commission, giving a detailed
account of its proceedings and accomplishments during the year and recommending measures to be adopted with the end-in-view
of upgrading and improving the conditions affecting the practice of real estate service in the Philippines.
ARTICLE II
PROFESSIONAL REGULATORY BOARD OF REAL ESTATE SERVICE
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.
SEC. 5. Powers and Functions of the Board. — The Board is hereby
vested the following powers and functions:
A. Provide comprehensive
policy guidelines for the promotion and development of the real estate industry;
B. Conduct licensure examinations for the practice of the real estate service profession and prescribe the
appropriate, syllabi of the subjects for examination;
C. Issue, suspend,
revoke or reinstate, after due notice and hearing, certificates of registration or professional identification cards for the
practice of real estate service;
D. Maintain a
comprehensive and updated register of licensed real estate service professionals;
E. Monitor the conditions affecting the practice of real estate service and adopt such measures as may be proper
for the enhancement of the profession and/or the maintenance of high professional, ethical and technical standards;
F. Adopt a national Code of Ethics and Responsibilities
to be strictly observed by all licensed real estate service practitioners;
G. Hear or investigate any violation of this Act, its implementing rules and regulations, and the Code of Ethics
and Responsibilities for real estate service practitioners and issue subpoena and subpoena duces tecum to secure the appearance
of witnesses and the production of documents in connection therewith;
H. Safeguard and protect legitimate and licensed real estate service practitioners and, in coordination with
the accredited and integrated professional organization of real estate service practitioners, monitor all forms of advertisements,
announcements, signboards, billboards, pamphlets, brochures and others of similar nature concerning real estate and, where
necessary, exercise its quasi-judicial and administrative powers to finally and completely eradicate the pernicious practices
of unauthorized or unlicensed individuals;
I. Prescribe,
in cooperation with the Commission on Higher Education (CHED) or the concerned state university or college, the essential
requirements as to the curricula and facilities of schools, colleges or universities seeking permission to open academic courses
or already offering such courses in real estate service, and to see to it that these requirements, including the employment
of qualified faculty members, are properly complied with;
J. Promulgate,
administer and enforce rules and regulations necessary in carrying out the provisions of this Act;
K. Supervise and regulate the registration, licensure and practice of real estate service in the Philippines;
L. Assess and fix the rate of reasonable regulatory
fees;
M. Administer oaths and affirmations;
N. Adopt an official seal of the Board;
O. Evaluate periodically
the status of real estate service education and profession, and recommend and/or adopt measures to upgrade and maintain its
high standard;
P. Prescribe guidelines and criteria for the Continuing Professional Education (CPE) program for
real estate service practitioners in consultation with the accredited and integrated professional organization of real estate
service practitioners;
Q. Screen, issue and
monitor permits to organizations of real estate professionals in the conduct of seminars and accredit such seminars pursuant
to the CPE program, as well as the instructors or lecturers therein, for the purpose of upgrading the quality and knowledge
of the profession;
R. Monitor and supervise
the activities of the accredited and integrated professional organization and other associations of real estate service practitioners;
and
S. Discharge such other powers, duties and functions
as the Commission may deem necessary to carry out the provisions of this Act.
The policies, resolutions and rules and regulations issued or promulgated by the Board shall be subject to
the review and approval by the Commission. However, the Board's decisions, resolutions or orders which are not interlocutory,
rendered in an administrative case, shall be subject to review by the Commission only on appeal.
SEC. 6. Qualifications
of the Chairperson and Members of the Board. - The chairperson and the members of the Board shall, at the
time of their appointment, possess the following qualifications:
A. A citizen and resident of the Philippines;
B. A holder of a bachelor's degree related to real estate;
C. An active licensed practitioner of real estate service for at least ten (10) years prior to his/her appointment;
D. A bona fide member in good standing of the accredited
and integrated professional organization of real estate service practitioners but not an officer or trustee at the time of
his/her appointment;
E. Neither be a member
of the faculty of an institute, school, college or university, nor have any pecuniary interest, direct or indirect, in any
institution or association where review classes or lectures in preparation for the licensure examination are being offered
or conducted; and
F. Of good moral character,
and must not have been convicted by final judgment by a competent court of a criminal offense involving moral turpitude.
SEC. 7. Term of Office. - The chairperson and the members of the Board shall hold office for a term of three (3) years from the date of their
appointment and until their successor/s shall have been appointed: Provided, That the members of the first appointed Board
shall hold office for the following terms: one (1) member as chairperson, to serve for three (3) years; two (2) members, to
serve for two (2) years; and two (2) members, to serve for one (1) year.
The chairperson and the members of the Board may be reappointed for a second term but in no case shall he/she
serve continuously for more than six (6) years. Any vacancy in the Board shall be filled for the unexpired portion of the
term of the member who vacated the position. On the constitution of the first Board, the chairperson and the members of the
Board shall automatically be registered and issued certificates of registration and professional identification cards. Each
member of the Board shall take the proper oath of office prior to the assumption of duty.
SEC. 8. Compensation and Allowances of the Chairperson and Members of the Board. - The chairperson and the members of the Board shall receive
compensation and allowances comparable to the compensation and allowances received by the chairman and the members of existing
professional regulatory boards under the Commission, as provided for in the General Appropriations Act.
SEC. 9. Removal of the Chairperson and Members of the Board. - The chairperson or any member 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 any final judgment or conviction of any criminal offense involving moral turpitude.
SEC. 10. Supervision
of the Board, Custodian of its Records, Secretariat and Support Services. — The Board shall
be under the general supervision and administrative control of the Commission. All records of the Board, including applications
for examination, examination papers and results, minutes of deliberations, administrative and other investigative cases involving
real estate service practitioners, shall be kept by the Commission. The Commission shall designate the secretary of the Board
and shall provide the secretariat and other support services to implement the provisions of this Act subject to the usual
government accounting and auditing rules and regulations.
SEC. 11. Annual Report. - The Board shall, at the close of each calendar year, submit an annual report to the Commission, giving a detailed
account of its proceedings and accomplishments during the year and recommending measures to be adopted with the end-in-view
of upgrading and improving the conditions affecting the practice of real estate service in the Philippines.
ARTICLE
III
LICENSURE EXAMINATION AND REGISTRATION
SEC. 12. Licensure Examination. - Every applicant seeking to be registered and licensed as a real estate service practitioner, except a real
estate salesperson, shall undergo an examination as provided for in this Act. Examinations for the practice of real estate
service in the Philippines shall be given by the Board at least once every year in such places and dates as the Commission
may designate.
SEC. 13. Scope of Examination. - An examination shall be given to the licensure applicants for real estate brokers, real estate appraisers and
real estate consultants which shall include, but not limited to, the following:
A. For real estate consultants - fundamentals of real estate consulting; standards and ethics; consulting tools and techniques, which
include project feasibility study and investment measurement tools; real estate finance and economics; real estate consulting
and investment analyses; consulting for specific engagement, which includes consulting for commercial, industrial, recreation
and resort and hotel properties, and consulting for government and corporate and financial institutions; land management system
and real property laws; and any other related subjects as may be determined by the Board;
B. For real estate appraisers — fundamentals of real estate
principles and practices; standards and ethics; theories and principles in appraisal; human and physical geography; methodology
of appraisal approaches; valuation procedures and research; appraisal of machinery and equipment; practical appraisal mathematics;
appraisal report writing; real estate finance and economics; case studies; land management system and real property laws;
and any other related subjects as may be determined by the Board; and
C. For real estate brokers - fundamentals of property ownership; code of ethics and responsibilities; legal requirements for real
estate service practice; real estate brokerage practice; subdivision development; condominium concept; real estate finance
and economics; basic principles of ecology; urban and rural land use; planning, development and zoning; legal aspect of sale,
mortgage and lease; documentation and registration; real property laws; and any other related subjects as may be determined
by the Board.
To conform with technological and modern developments, the Board may re-cluster, rearrange, modify,
add to, or exclude any of the foregoing subjects as may be necessary.
SEC. 14. Qualification of Applicants for Examinations. - In order to be admitted to the licensure examination for real estate service, a candidate shall, at
the time of filing his/her application, establish to the satisfaction of the Board that he/she possesses the following qualifications:
A. A
citizen of the Philippines;
B. A holder of a relevant bachelor's degree from a state university or college, or other educational
institution duly recognized by the CHED: Provided, That as soon as a course leading to a 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;
and
C. Of good moral character, and must not have been convicted of any crime involving moral turpitude:
Provided, That an applicant for the licensure examination for real estate consultants must show proof that he/she has at least
ten (10) years experience as a licensed real estate broker or an assessor, or as a bank or institutional appraiser or an employed
person performing real property valuation, or at least five (5) years experience as a licensed real estate appraiser.
All applications
for examination shall be filed with the Board which shall assess and approve said applications and issue to the qualified
examinees the corresponding permits to take such examination.
SEC. 15. Ratings in the Examination. - In order that a candidate may be deemed to have successfully passed the examination, he/she must have obtained
an average of at least seventy-five percent (75%) in all subjects, with no rating below fifty percent (50%) in any subject.
SEC. 16. Release of the
Results of Examination. - The results of the licensure examination shall be released
by the Board within ten (10) days from the last day of the examination.
SEC. 17. Issuance of the Certificate of Registration and Professional Identification
Card. - A certificate of registration shall be issued to examinees
who pass the licensure examination for real estate service subject to payment
of fees prescribed by the Commission. The certificate of registration shall bear the signature of the chairperson of the Commission
and the chairperson and the members of the Board, stamped with the official seal of the Commission, indicating that the person
named therein is entitled to practice the profession with all the benefits and privileges appurtenant thereto. This certificate
of registration shall remain in full force and effect until revoked or suspended in accordance with this Act.
A professional identification card bearing the registration number, date of issuance
and expiry date, duly signed by the chairperson of the Commission, shall likewise be issued to every registrant upon payment
of the required fees. The professional identification card shall be renewed every three (3) years and upon satisfying the
requirements of the Board such as, but not limited to, attendance in the CPE program.
SEC. 18. Refusal to Register. - The Board shall not register and issue a certificate of registration to any successful examinee 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 investigation by the Board, or has been found to be psychologically unfit.
SEC. 19. Revocation or Suspension
of the Certificate of Registration and the Professional Identification Card or Cancellation of Special/Temporary Permit. - The Board may, after giving proper notice and hearing to the party concerned, revoke the certificate of registration
and the professional identification card, or cancel the special/temporary permit of a real estate service practitioner, or
suspend him/her from the practice of the profession on any of the following instances hereunder:
A. Procurement of a certificate of registration and/or professional identification card, or special/temporary
permit by fraud or deceit;
B. Allowing an unqualified
person to advertise or to practice the profession by using one's certificate of registration or professional identification
card, or special/temporary permit;
C. Unprofessional
or unethical conduct;
D. Malpractice or violation
of any of the provisions of this Act, its implementing rules and regulations, and the Code of Ethics and Responsibilities
for real estate service practitioners; and
E. Engaging in
the practice of the profession during theperiod of one's suspension.
SEC. 20. Registration Without
Examination. - Upon application and payment of the required
fees, the following shall be registered, and shall be issued by the Board and the Commission a certificate of registration
and a professional identification card without taking the prescribed examination:
A. Those who, on the date of the effectivity of this Act, are already licensed as real estate brokers, real
estate appraisers or real estate consultants by the Department of Trade and Industry (DTI) by virtue of Ministry Order No.
39, as amended: Provided, That they are in active practice as real estate brokers, real estate appraisers and real estate
consultants, and have undertaken relevant CPE to the satisfaction of the Board;
B. Assessors and appraisers who, on the date of the effectivity of this Act, hold permanent appointments and
are performing actual appraisal and assessment functions for the last five (5) years, have passed the Real Property Assessing
Officer (RPAO) examination conducted and administered by the Civil Service Commission (CSC) in coordination with the Department
of Finance (DOF), and have undertaken relevant CPE to the satisfaction of the Board; and
C. Assessors and appraisers who, on the date of the effectivity of this Act, hold permanent appointments and
have at least ten (10) years actual experience in real property appraisal or assessment and have completed at least one hundred
twenty (120) hours of accredited training on real property appraisal conducted by national or international appraisal organizations
or institutions/entities recognized by the Board and relevant CPE to the satisfaction of the Board.
Those falling under categories (b) and (c) shall register with the Board after they shall have complied with the
requirements for registration as real estate appraisers: Provided, That those seeking to be licensed to a new credential level
shall be required to take the pertinent licensure examination.
Those so exempt under the aforementioned categories shall file their application within two (2) years from the
effectivity of this Act: Provided, That the renewal of the professional identification card is subject to the provisions of
Section 17 hereof.
SEC. 21. Reinstatement, Reissuance or Replacement of Certificate of Registration,
Professional Identification Card and Special/Temporary Permit. - The Board may, after the expiration
of two (2) years from the date of revocation of a certificate of registration and/or professional identification card, and
upon application, compliance with the required CPE units, and for reasons deemed proper and sufficient, reinstate any revoked
certificate of registration and reissue a suspended professional identification card and in so doing, may, in its discretion,
exempt the applicant from taking another examination.
A new certificate
of registration, professional identification card or special/temporary permit may be issued to replace lost, destroyed or
mutilated ones, subject to the rules as may be promulgated by the Board.
SEC. 22. Roster of Real Estate
Service Practitioners. -The Board, in coordination with the integrated professional organization of real estate
service practitioners, shall prepare, update and maintain a roster of real estate service practitioners which shall contain
the names of all registered real estate service practitioners, their residence and office addresses, license number, dates
of registration or issuance of certificates, and other data which the Board may deem pertinent. Copies thereof shall be made
available to the public upon request.
SEC. 23. Issuance of Special/Temporary
Permit. - Upon application and payment of the required fees and. subject to the approval of the
Commission, the Board may issue special/temporary permit to real estate service practitioners from foreign countries whose
services are urgently needed in the absence or unavailability of local real estate service practitioners for the purpose of
promoting or enhancing the practice of the profession in the Philippines.
SEC. 24. Foreign Reciprocity. - No foreign real estate service practitioner shall be admitted to the licensure examination or be given a certificate
of registration or a professional identification card, or be entitled to any of the privileges under this Act unless the country
of which he/she is a citizen specifically allows Filipino real estate service practitioners to practice within its territorial
limits on the same basis as citizens of such foreign country.
ARTICLE IV
PRACTICE OF REAL ESTATE
SERVICE
SEC. 25. Oath. — All successful examinees qualified for registration
and all qualified applicants for registration without examination as well as accredited salespersons shall be required to
take an oath before any member of the Board or any officer of the Commission duly authorized by the Commission to administer
oaths prior to entering into the practice of real estate service in the Philippines.
SEC. 26. Professional Indemnity
Insurance/Cash or Surety Bond. — All real estate brokers and private real estate appraisers
shall, in addition to the oath referred to in the preceding section, be required to post a professional indemnity insurance/cash
or surety bond, renewable every three (3) years, in an amount to be determined bjr the Board, which in no case shall be less
than Twenty thousand pesos (P20,000.00), without prejudice to the additional requirement of the client.
SEC. 27. Acts Constituting the
Practice of Real Estate Service. - Any single act or transaction embraced within the provisions
of Section 3(g) hereof, as performed by real estate service practitioners, shall constitute an act of engaging in the practice
of real estate service.
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 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;
B. Any receiver, trustee or assignee in bankruptcy or insolvency proceedings;
C. Any person acting pursuant to the order of any court of justice;
D. Any person who is a duly constituted attorney-in-fact for purposes of sale, mortgage, lease or exchange,
or other similar contracts of real estate, without requiring any form of compensation or remuneration; and
E. Public officers in the performance of their official duties and functions, except government assessors and
appraisers.
SEC.
29. Prohibition Against the Unauthorized Practice of Real Estate Service. - No person shall practice
or offer to practice real estate service in the Philippines or offer himself/herself as real estate service practitioner,
or use the title, word, letter, figure or any sign tending to convey the impression that one is a real estate service practitioner,
or advertise or indicate in any manner whatsoever that one is qualified to practice the profession, or be appointed as real
property appraiser or assessor in any national government entity or local government unit, unless he/she has satisfactorily
passed the licensure examination given by the Board, except as otherwise provided in this Act, a holder of a valid certificate
of registration, and professional identification card or a valid special/temporary permit duly issued to him/her by the Board
and the Commission, and in the case of real estate brokers and private appraisers, they have paid the required bond as hereto
provided.
SEC.
30. Positions in
Government Requiring the Services of Registered and Licensed Real Estate Service Practitioners. - Within three (3) years
from the effectivity of this Act, all existing and new positions in the national and local governments, whether career, permanent,
temporary or contractual, and primarily requiring the services of any real estate service practitioner, shall be filled only
by registered and licensed real estate service practitioners.
All incumbent assessors holding permanent appointments shall continue to perform their functions without need
for re appointment and without diminution of status, rank and salary grade, and shall enjoy security of tenure. However, they
may not be promoted to a higher position until they meet the qualification requirements of that higher position as herein
prescribed. Nothing in this Act shall be construed to reduce any benefit, interest, or right enjoyed by the incumbents at
the time of the enactment of this Act. The appointing authority shall exercise his power to appoint the assessor in accordance
with the provisions of this Act only when a vacancy occurs.
SEC. 31. Supervision of Real
Estate Salespersons. - For real estate salespersons, no examination shall be given, but they shall be accredited
by the Board: Provided, That they have completed at least two (2) years of college and have undergone training and seminars
in real estate brokerage, as may be required by the Board. Real estate salespersons shall be under the direct supervision
and accountability of a real estate broker. As such, they cannot by themselves be signatories to a written agreement involving
a real estate transaction unless the real estate broker who has direct supervision and accountability over them is also a
signatory thereto. No real estate salesperson, either directly or indirectly, can negotiate, mediate or transact any real
estate transaction for and in behalf of a real estate broker without first securing an authorized accreditation as real estate
salesperson for the real estate broker, as prescribed by the Board. A real estate broker shall be guilty of violating this
Act for employing or utilizing the services of a real estate salesperson when he/she has not secured the required accreditation
from the Board prior to such employment.
No salesperson
shall be entitled to receive or demand a fee, commission or compensation of any kind from any person, other than the duly
licensed real estate broker who has direct control and supervision over him, for any service rendered or work done by such
salesperson in any real estate transaction.
No violation of
this provision shall be a cause for revocation or suspension of the certificate of registration of the real estate broker
unless there was actual knowledge of such violation or the broker retains the benefits, profits or proceeds of a transaction
wrongfully negotiated by the salesperson.17
SEC. 32. Corporate Practice of
the Real Estate Service. –
A. No partnership or corporation shall engage in the business of real estate service unless it is duly registered
with the Securities and Exchange Commission (SEC), and the persons authorized to act for the partnership or corporation are
all duly registered and licensed real estate brokers, appraisers or consultants, as the case may be. The partnership or corporation
shall regularly submit a list of its real estate service practitioners to the Commission and to the SEC as part of its annual
reportorial requirements. There shall at least be one (1) licensed real estate broker for every twenty (20) accredited salespersons.
B. Divisions or departments of partnerships and corporations
engaged in marketing or selling any real estate development project in the regular course of business must be headed by full-time
registered and licensed real estate brokers.
C. Branch offices
of real estate brokers, appraisers or consultants must be manned by a duly licensed real estate broker, appraiser or consultant
as the case may be.
D. In case of resignation
or termination from employment of a real estate service practitioner, the same shall be reported by the employer to the Board
within a period not to exceed fifteen (15) days from the date of effectivity of the resignation or termination.
Subject to the provisions of the Labor Code, a corporation
or partnership may hire the services of registered and licensed real estate brokers, appraisers or consultants on commission
basis to perform real estate services and the latter shall be deemed independent contractors and not employees of such corporations.
SEC.
33. Display of
License in the Place of Business. - Every registered and licensed real estate service practitioner
shall establish and maintain a principal place of business and such other branch offices as may be necessary, and shall conspicuously
display therein the original and/or certified true copies of his/her certificate of registration as well as the certificates
of registration of all the real estate service practitioners employed in such office.
SEC. 34. Accreditation and Integration
of Real Estate Service Associations. — All real estate service associations shall be integrated
into one (1) national organization, which shall be recognized by the Board, subject to the approval of the Commission, as
the only accredited and integrated professional organization of real estate service practitioners.
A real estate service practitioner duly registered with the Board shall automatically become a member of the
accredited and integrated professional organization of real estate service practitioners, and shall receive the benefits and
privileges appurtenant thereto. Membership in the accredited and integrated professional organization of real estate service
practitioners shall not be a bar to membership in other associations of real estate service practitioners.
SEC. 35. Code of Ethics and Responsibilities for Real Estate Service Practitioners. - The Board shall adopt
and promulgate the Code of Ethics and Responsibilities for real estate service practitioners which shall be prescribed and
issued by the accredited and integrated professional organization of real estate service practitioners.
SEC. 36. Continuing Professional
Education (CPE) Program. - The Board shall develop, prescribe and promulgate guidelines on
CPE upon consultation with the accredited and integrated professional organization of real estate service practitioners, affiliated
association of real estate service practitioners and other concerned sectors, and in accordance with such policies as may
have been prescribed by the Board, subject to the approval of the Commission. The Board shall create a CPE Council that shall
be composed of a chairperson coming from the Board, a member from the accredited and integrated professional organization
of real estate service practitioners and a member from the academe.
SEC. 37. Enforcement Assistance
to the Board. — The Board shall be assisted by the Commission in carrying out the provisions of
this Act and its implementing rules and regulations and other policies. The lawyers of the Commission shall act as prosecutors
against illegal practitioners and other violators of this Act and its rules. The duly constituted authorities of the government
shall likewise assist the Board and the Commission in enforcing the provisions of this Act and its rules.
SEC. 38. Indication of the Certificate
of Registration, Professional Identification Card/License Number, Privilege Tax Receipt (PTR) Number and Accredited Professional
Organization (APO) Number.
- Real estate service practitioners shall be required to indicate the certificate of registration, professional identification
card, PTR number, and APO receipt number, and the date of issuance and the duration of validity on the documents he/she signs,
uses or issues in connection with the practice of his/her profession.
ARTICLE V
PENAL AND FINAL PROVISIONS
SEC. 39. Penal Provisions - Any
violation of this Act, including violations of implementing rules and regulations, shall be meted the penalty of a fine of
not less than One hundred thousand pesos (PIOO.OOO.OO) or imprisonment of not less than two (2) years, or both such fine and
imprisonment upon the discretion of the court. In case the violation is committed by an unlicensed real estate service practitioner,
the penalty shall be double the aforesaid fine and imprisonment.
In case the violation is committed, by a partnership,
corporation, association or any other juridical person, the partner, president, director or manager who has committed or consented
to or knowingly tolerated such violation shall be held directly liable and responsible for the acts as principal or as a co-principal
with the other participants, if any.
SEC. 40. Appropriations. — The chairperson of the
Professional Regulation Commission shall immediately include in the Commission's programs the implementation of this Act,
the funding of which shall be included in the annual General Appropriations Act and thereafter.
SEC. 41. Transitory Provision. - Within ninety (90) days from the effectivity of this Act, the DTI - Bureau of Trade Regulation and Consumer
Protection (BTRCP) shall transfer all pertinent records, documents and other materials to the Professional Regulatory Board
of Real Estate Service.
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.
SEC. 43. Separability
Clause. — If any clause, sentence, paragraph or part of this
Act shall be declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any other part of
this Act.
SEC. 44. Repealing Clause. – (a) Sections 3(e) and (ee) of Act No. 2728, as amended by Act No. 3715 and Act No. 3969, Sections 472
and 473 of the Local Government Code of 1991 (Republic Act No. 7160), and pertinent provisions of the Civil Service Law are
hereby modified accordingly.
(b) All laws, decrees, executive orders, department or memorandum orders and other administrative
issuances or parts thereof which are inconsistent with the provisions of this Act are hereby modified, superseded or repealed
accordingly.
SEC. 45. Effectivity. - This Act shall take effect fifteen (15) days following
its publication in the Official Gazette or in a major daily newspaper of general circulation in the Philippines.
Approved,
This Act which is a consolidation of Senate Bill No.
2963 and House Bill No. 3514 was finally passed by the Senate and the House of Representatives on May 12, 2009.
Approved:
GLORIA MACAPAGAL-ARROYO
President of the Philippines
[ Approved by President Gloria Macapagal Arroyo last June
29, 2009 ]
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