RA 9646 Enumeration

TITLE, DECLARATION OF POLICY AND DEFINITION OF TERMS

Title

Declaration of Policy

Definition of Terms

PROFESSIONAL REGULATORY BOARD OF REAL ESTATE SERVICE

Creation and Composition of the Board

Powers and Functions of the Board

Qualifications of the Chairperson and Members of the Board

Term of Office

Compensation and Allowances of the Chairperson and Members of the Board.

Removal of the Chairperson and Members of the Board

Supervision of the Board, Custodian of its Records, Secretariat and Support Services.

Annual Report

LICENSURE EXAMINATION AND REGISTRATION

Licensure Examination

Scope of Examination

Qualification of Applicants for Examinations.

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.

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.

Issuance of the Certificate of Registration and Professional Identification Card

Refusal to Register

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 the period of one’s suspension.

• 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.

SEC. 21. Reinstatement, Reissuance or Replacement of Certificate of Registration, Professional Identification Card and Special/Temporary Permit.

SEC. 22. Roster of Real Estate Service Practitioners

SEC. 23. Issuance of Special/Temporary Permit.

SEC. 24. Foreign Reciprocity

Oath

Professional Indemnity Insurance/Cash or Surety Bond

Acts Constituting the Practice of Real Estate Service

Exemptions from the Acts Constituting the Practice of Real Estate Service



(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.

Prohibition Against the Unauthorized Practice of Real Estate Service

• 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.

SEC. 31. Supervision of Real Estate Salespersons

SEC. 32. Corporate Practice of the Real Estate Service

Display of License in the Place of Business

Accreditation and Integration of Real Estate Service Associations.

Code of Ethics and Responsibilities for Real Estate Service Practitioners

SEC. 36. Continuing Professional Education (CPE) Program

SEC. 37. Enforcement Assistance to the Board

SEC. 38. Indication of the Certificate of Registration, Professional Identification Card/License Number, Privilege Tax Receipt (PTR) Number and Accredited Professional Organization (APO) Number.

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 (P100,000.00) or imprisonment of not less than two (2) years, or both such fine and imprisonment upon the discretion of the court. In case the violation is committed by an unlicensed
• real estate service practitioner, the penalty shall be double the aforesaid fine and imprisonment.

SEC. 40. Appropriations

• 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.

Separability Clause

SEC. 44. Repealing Clause

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.