Thursday, 09 November 2012

HON. ATTY. TERESITA MANZALA

Chairperson Professional Regulations Commission

Madam: We thank you for inviting us in the Stakeholders Meeting as the AIPO last November 6, 2012. Likewise, we are grateful that we have been chosen to organize, lead, embrace and head all the real estate service practitioners. With all due respect Madam, PhilRES Board feels that we have been treated unprofessionally by your COMMAND for us to immediately amend our by-laws and to postpone our forthcoming November 18, 2012 Synchronized National Election. PhilRES Board has high respects for you Madam. May we be favored Madam, to have a written directive/order from your goodself/office for your COMMAND for us immediately amend our by-laws and to postpone our forthcoming November 18, 2012 Synchronized National Election? We are not bend on disobeying you Madam on your COMMAND for us to immediately amend our bylaws and to postpone our forthcoming November 18, 2012 Synchronized National Election. Please be reminded Madam, with all due respect, that amendment of our by-laws will entail a legal process and we have to consider our SEC approved Articles of Incorporation and By-laws. We are pleading to your goodself/office Madam, that you please reconsider your COMMAND to us, as the amendment of PhilRES By-laws can be effectively and best to be worked upon by next set of PhilRES National Officers duly elected in our scheduled November 18, 2012 as mandated in our PRC-endorsed and SEC-approved By-Laws. The postponement of the scheduled November 18, 2012 Synchronized National Election, as we see it, should have a strong legal justification and basis. In the absence of which, we are prone to facing all kinds of adverse reactions in all forums and possibly law suits, from our strong THREE THOUSAND FIVE HUNDRED (3500) members on record, as they have already actively participated and are awaiting what would be the outcome of the said scheduled election.

LEGAL AND FACTUAL BACKGROUND

AIPO MANDATES UNDER THE TRANSITORY PROVISIONS PhilRES has never reneged on its mandate for us to unify our professionals since the PRC has legally and formally handed to us our accreditation as the AIPO in December 2011. This is shown in our strict compliance with our legal duties and responsibilities as enshrined in our by-laws, particularly the governing transitory provisions leading to an election of the first duly constituted National Board. Quoted hereunder are the pertinent provisions of our By-laws, to wit:

 Section 138.

Immediate Organization of Local Chapters Upon Recognition and Approval of PhilRES as AIPO and Announcement of the Holding of the First Regular General Membership National Convention and Elections for National Officers and National Board of Trustees Minimum Qualifications of Regular Members Eligible To Be Accepted and Admitted as Regular Members of New Local Chapters as provided for in the Transitory Provisions of Section 138 Article XXX of the PhilRES By Laws.

Section 139.

In December 05, 2011, after PhilRES has received its Certificate of Accreditation, we are mandated by PRB-RES in a meeting, to ensure compliance by holding the first national election strictly within 90 days or February 28 2012. PRB-RES impressed upon us, that the said election, will have its legitimizing effect and will bring forth to membership all the registered and licensed real estate service practitioners. Preparations have already been made for the said election, including issuances of all advisories and invitations to all real estate organizations nationwide for their active participation in the same. Again, PRB-RES in another meeting, advised PhilRES to re-schedule the election to 31 March 2012. From one re-scheduling to another, the holding of the national election has been moved for at least two (2) new dates again, from June 09 to Aug 11, 2012. This is the result of the meetings called by PRB-RES. The re-scheduling was made to comply with all the mandates of PRB-RES except the one that centered particularly on their call for no chaptering, a direct violation of Sec 138 of our By-Laws. However, for the scheduled August 2012 election, PhilRES has deemed it proper to re-schedule the same to November 18, 2012, in the light of the 98-day gap as enunciated in the PhilRES By-Laws, making mandatory the November 2012 national election. This PhilRES Decision was made known to PRC and the PRB-RES as well, for practical reasons in view of incurring separate expenses for two (2) electoral exercises in the same year. AIPO BY-LAWS PhilRES Amended Articles of Incorporation and New By-Laws came out as a result of the mandate of PRB-RES prior to its issuance of Resolution 19 dated 21 October 2011 and the PRC publication of PhilRES accreditation in the Official Gazette dated 14 November 2011. In the application stage for accreditation, the original Articles of Incorporation and By-laws of PhilRES submitted to PRB-RES was intelligently deliberated and reviewed. PhilRES was called into a series of meetings by PRB-RES to incorporate amendments which will be beneficial to practitioners. PhilRES, as an AIPO applicant, legally and strictly complied with all the requirements of the law, and as well as to all the mandates of PRB-RES. This includes the gestures of PRB-RES to even send a legal adviser to PhilRES to see to it that the boards submitted long list of suggestions or hopefuls are included in the amended articles and by-laws. After PhilRES accreditation, PRC through the recommendation of PRB-RES, endorsed to SEC the Amended Articles of Incorporation and New By-laws of PhilRES and which articles and by-laws were eventually approved by SEC. All legal requirements and paper documentation have been properly made by PhilRES. The same has thereafter put PhilRES in a pedestal to be the AIPO and to perform its duties and responsibilities to the real estate service practitioners. PhilRES is aware of its consequent duty to report to PRB-RES and PRC, as they are the government agencies who have control and supervision over them on all matters relative to the practice of the real estate profession. The collection of lowered membership dues, election re-scheduling and other matters which are beneficial and which will redound to the benefit of the practitioners were passed upon and approved by the PhilRES National Board. PhilRES Interim Officers cannot, however reneged on its duty to organize chapters under Sec 138 of its by-laws and which was specifically mandated to it during the transitory period as an AIPO.

Chaptering is required to ensure the compliance to the penultimate mandate under the Transitory Provisions, specifically the holding of a national election. (Membership drive as the first mandate with chaptering as the second.) PhilRES Election System was legally designed for the nomination of national candidates from the chapter level. Guided by the prescribed rules and procedures, and ensuring that the nominees qualifications have been passed upon for the eligibility requirements, hence, the exercise of the Right of Suffrage. Without the chapters, system and procedure wise, PhilRES cannot hold a national election. The mandate for PhilRES to abandon and set aside the provisions embodied in the Transitory Provision will be open to adverse reactions, collateral attacks and the possibility for PhilRES to face legal actions from the members for violations of the SEC approved Articles and By-laws. AIPO AND OTHER REAL ESTATE ORGANIZATIONS We take into consideration, and as matter of fact, adhere to PRCs desire to integrate the professionals through PhilRES, the accredited AIPO, in preparation for the global challenge. PhilRES is amenable and open to all kinds of suggestions, within the limits prescribed by law, from the practitioners to make amendments to the present PhilRES by-laws. The same, however, should be done in accordance with the mandate of the law. PhilRES National Election slated on November 18, 2012 has already been published and announced for the last ten (10) months. Its continuous and unending re-scheduling has given ample time for all practitioners and interested real estate organizations to participate in the said election and to become a member of PhilRES as well. The right to exercise ones right of suffrage and to join the thousands of practitioners/members in good standing to choose their national leaders is a must to the professionals. This will pave the way for the possible amendments of the AIPOs Articles and By-laws. PhilRES, as the AIPO, had suffered and is continuously suffering from the adverse and dirty campaigns perpetuated by self-centered and unscrupulous leaders of other organizations of real estate service practitioners. They are misrepresenting themselves to be the majority of the real estate service practitioners but they are not in fact, members of PhilRES who is the legal AIPO recognized by PRB-RES and PRC as well. Prominent leaders of the different real estate organizations present in the November 6, 2012 Stakeholders INFORMAL meeting are the same group making representation with PhilRES in the last ten (10) months, to negotiate for the amendments of the provisions on chaptering and the election system. In effect, these groups have set these conditions for them to finally recognize PhilRES as AIPO under RA 9646 and to eventually become members thereof. The more civil, educated and open-minded practitioners affiliated and non-affiliated to any real estate organization have religiously obeyed and complied with their legal obligation and regulatory requirements of the law (Sec 38 of RA 9646) and have enlisted themselves as members of PhilRES. Aware of the mandate of RA 9646 and PRC accreditation of PhilRES as the AIPO, the 42 chapters nationwide of real estate organizations have organized themselves in an unprecedented cooperation with the real estate service practitioners, both from the government and the private sectors, majority of whom are members and officers from the two (2) biggest brokers associations, to mention PAREB, and REBAP. As the youngest sibling, PhilRES is aware, that if the older brothers/sisters (older organizations of real estate service practitioners) are hesitant to embrace PhilRES, we will exert all efforts possible to open the minds of the older generations to be with us in the promotion and the consideration of the welfare of all the practitioners in the real estate profession. This, however, should not be interpreted to mean, that PhilRES will sacrifice and go to the extent of violating its by-laws as approved through the recommendation of PRB-RES, the endorsement of PRC and eventually, the approval by SEC.

It is very difficult for PhilRES to win over the old guards of the real estate profession who continuously resist recognizing the laws under fear of organizational extinction. This is a premise of their own making, which has no place in the consciousness of supposedly time-tested 50-yr/33-yr old organizations. Instead of sharpening the saw, PhilRES, in compliance with the mandate given to it as the AIPO, it is now being blamed for their organizations possible demise. Noteworthy to mention, that majority of the leaders present last November 6, 2012 at the INFORMAL stakeholders meeting, are actually given a chance to be represented in the Amendatory Proceedings of PhilRES By-Laws, are supporters, if not officers, of FRESA. This AIPO applicant in 2011, in a Gentlemens Agreement with then RES-Designate-Commissioner, Atty. Jennifer Manalili and PhilRES, have bound themselves and pledged to respect PRCs appointment of an AIPO under RA 9646, which accreditation was eventually given to PhilRES. AIPOs ELECTION AND BY-LAWS AMENDMENT PhilRES National Directorate has deliberated and decided that the COMMAND for the amendments be taken and calendared to be the #1 priority agenda of the First Elected National Officers of PhilRES. This of course, should comply and conform to the Amendatory Provisions of the By-Laws, to wit: Section 149. Amendments These By-Laws, or any provision thereof, may be amended and adopted or repealed by a majority vote of the Members in Good Standing and by a majority vote of the Trustees at any Regular General Membership Meeting or Special General Membership Meeting duly held for the purpose. PhilRES will see to it, to have a win-win scenario for all the real estate service practitioners and the candidates as well, to sign a manifesto, to respect the utmost desire of everyone. This will include, among others, to reconcile provisions of the present by-laws, with the end view, of integrating coexistence vis--vis the different views of other real estate organizations by-laws. As agreed in the November 6, 2012 INFORMAL Stakeholders meeting, PhilRES will proceed in convening the Amendatory Group with other organizations, but the objective of which is to collate all proposals for amendments and to endorse the same to the First Elected National Officers. It is a must, at this point in time, for PhilRES to proceed with the November 18, 2012 National Election of Officers, taking into consideration the following, to wit: Non-holding of the election will practically demoralized the trust and confidence reposed by the 3500 members. Non-holding of the election will put to waste PhilRES and the members money as expenses and preparations have already been made for the November 18, 2012 election.

Madam Chairperson, please consider and be guided, with all due respect, that no less than our Congress in its Resolution, has cited and made known that PhilRES has been accredited by your PRB-RES and your good office, as the AIPO in consonance with the provisions of RA 9646. A copy of the House of Representatives documents appertaining to the said matter are hereto attached for your perusal. PhilRESs APPEAL Wherefore, in view of all the foregoing citations and discussions, we pray Madam Chairperson, with all due respect, that you please reconsider your COMMAND for PhilRES to immediately amend its bylaws, in so far as the provisions affecting the chaptering is concern and as well as the election provisions. Kindly allow PhilRES, Madam Chairperson to perform the last act of legitimization in the eyes of the real estate service practitioners. For after this long-awaited election, the adverse attacks, unfounded insinuations and black propaganda waged by some few self-centered leaders will be put to rest.

If PhilRES will fail upholding the legal rights of its 3500 members today, the personality of PhilRES as the AIPO will be at stake and will defeat the very purpose of its accreditation. In the Congressional hearing in March 2012, PhilRES found sanctuary under the 8-page position paper of the PRC reiterating that the AIPO is a composition of individuals. In the next proceedings thereafter, PhilRES found comfort behind the Committee Report of the Civil Service and Professional Regulation of the Congress reinforcing the PRCs position. If PhilRES Interim Officers yield and turn a blind eye, it will be opened to all possible of civil and criminal complaints for violation of by-laws. PhilRES has labored for eleven (11) months in accepting membership dues and payments. It has likewise created forty-two (42) chapters in Luzon, Visayas and Mindanao. It has campaigned in the forthcoming national election. PhilRES made representations to the members of its accreditation, to wit: PRC Accreditation No. 1-AIPO-044. This includes the 3500 members from both the private and government sectors. PhilRES worked as the AIPO and is mindful of all the legal consequences of its actions. PhilRES performed all its functions legally and responsively under PRB-RES confirmation, PRC-endorsed and SECapproved Articles of Incorporation and By-Laws. PhilRES is doing its job painstakingly. Please shield us Madam Chairperson, with all due respect, for possible civil and criminal complaints. PhilRES have thought sincerely and seriously, by sending you this letter appeal, Madam Chairperson, not to offend you nor for any other reason but to make you know that we are sincere in our job as the AIPO. With all due respect, Madam Chairperson, you might be misinformed, misguided and influenced by the other real estate service organizations. Truly enough, PhilRES is doing its job as the AIPO. To the Honorable Chairperson, good day and God Bless! Very Truly Yours,

GENER R. SISON National President and City Assessor of Mandaluyong Copy furnished to : Hon. Eduardo G. Ong, PREB-RES Chair Hon. Ramon Cuervo III, PREB-RES AIPO Committee Chair Hon. Rafael Fajardo, PREB-RES Anti-Colorum Committee Chair Hon. Florencio Dio, PREB-RES Board Member File