Download as pdf or txt
Download as pdf or txt
You are on page 1of 87

Petition to President Rodrigo Roa Duterte

04 March 2019
Page 1 of 35

04 March 2019

His Excellency President Rodrigo Roa Duterte


President
Republic of the Philippines
Malacanan Palace, Manila

VERY URGENT PETITION TO GRANT MOTION FOR RECONSIDERATION, AND


PETITION TO REVISIT, SET ASIDE AND REVERSE “PRBRES” RESOLUTION NO. 5
SERIES OF 2016 DENYING THE APPLICATION FOR RENEWAL OF THE AIPO
ACCREDITATION STATUS OF THE PHILIPPINE INSTITUTE OF REAL ESTATE
SERVICE PRACTITIONERS (PHILRES) INCORPORATED WITHOUT DUE PROCESS,
THEREFORE IN VIOLATION OF RULE 3 and RULE 4 “PRC” RESOLUTION NO. 2004-
178 AND SECTION 1, ARTICLE III 1987 CONSTITUTION OF THE REPUBLIC OF THE
PHILIPPINES.

Your Excellency President Rodrigo Roa Duterte,

Greetings! The undersigned, Dr. Enrico Melchor G. Sevilla (hereinafter referred to


as “Petitioner Sevilla”), Filipino, of legal age and a resident of #4 A. De Legaspi St.,
Bgy. Milagrosa, Project 4, Quezon City is a graduate of Bachelor of Arts in Social
Sciences from the University of the Philippines Manila and a real estate service
practitioner since 1989 and presently duly licensed as a “PRC” real estate service
practitioner under the provisions of Sec. 20, Art. III RA 9646 (Grandfather Clause),
with:

(a) “PRC” Real Estate Consultant License No. 0000024; with,


(b) “PRC” Real Estate Appraiser License No. 0000044; and with,
(c) “PRC” Real Estate Broker License No. 0000117.

“Petitioner Sevilla is a Founding incorporator of the Philippine Institute of Real


Estate Service Practitioners (“PhilRES”) Incorporated (hereinafter referred to as
“PhilRES”).

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 1 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 2 of 35

“Petitioner Sevilla” was the Founding Vice Chairman of the Board of Trustees of
“PhilRES” upon its accreditation as the “AIPO” for the real estate service – the
heretofore Accredited and Integrated Professional Organization (hereinafter
referred to as “AIPO”) for the real estate service under the supervision of the
Professional Regulatory Board of Real Estate Service (hereinafter referred to as
“PRBRES”), a regulatory board of the Professional Regulation Commission
(hereinafter referred to as “PRC”).

“Petitioner Sevilla” was also the Founding Incorporator and Founding President of
“PhilRES” Premiere and First Local Chapter - the “PhilRES” Quezon City Chapter,
Inc.

“Petitioner Sevilla” with “PhilRES-AIPO” Permanent Member Number 000008 and


a direct participant in the formation of “PhilRES” and in “PhilRES”’ various inter-
actions with “PRC” and “PRBRES” in various official capacities, to wit:

(1) Secretary General of the “Convenors Group” the group primarily


responsible for the crafting, drafting and registration of the original
Articles of Incorporation and By Laws of “PhilRES”;

(2) Committee Chairman, Committee To Apply For Accreditation To Be


The AIPO - responsible for the preparation and submission of all
documents and requirements necessary to apply as an accredited
professional organization with the “PRC” pursuant to and in
conformity to the provisions of “PRC” Res. 2004-178 (Please see Annexes
“A” to “A-4);

(3) Committee Chairman, Committee On By Laws - primarily responsible


for the crafting, drafting, revising and amending the provisions of the

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 2 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 3 of 35

Amended Articles of Incorporation and New By Laws of “PhilRES” in


coordination and close coordination with the “PRC” and “PRBRES”;

(4) Committee Member, Committee On Membership – primarily


responsible for the crafting and drafting the provisions of the
voluntary entry and registration of the “PRC” licensed real estate
service practitioners into “PhilRES” in coordination and close
coordination with the “PRC” and “PRBRES”;

is therefore indubitably and undoubtedly a legal party in interest in this Petition.

Verily, this Petition pertains to illegal and unconstitutional denial of renewal of


“AIPO” status of “PhilRES” as borne out by the following facts:

1. On October 21, 2011 pursuant to the provisions of “PRC” Res. 2004-178 the
“PRC” approved “PhilRES” petition to be the Accredited and Integrated
Professional Organization (“AIPO”) for the real estate service thru the issuance of
“PRC” Resolution No. 019 Series of 2011” (Please see Annex “B” to “B-7) which was
published in the November 14, 2011 issue of the Official Gazette.

“PhilRES” is enthusiastically and wholeheartedly supported and assisted in its


endeavor to be the Accredited and Integrated Professional Organization (“AIPO”)
for the real estate service by the active support and overwhelming participation by
the various Local Government Assessors’ Organizations, more specifically the (1)
Philippine Association of Local Treasurers & Assessors, Inc. (PHALTR.A.); (2) the
Philippine Association of Municipal Assessors, Inc. (PAMAS); (3) the Philippine
Association of Assessing Officers, Inc. (PAAO); and, the Institute of Public Sector
Appraisers of the Philippines, Inc. (IPSAP) in the formation, incorporation and
voluntary application for membership by the regular members of these various

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 3 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 4 of 35

Local Government Assessors’ Organizations who possess PRC real estate Appraisers
Licenses into “PhilRES”.

Presently, “PhilRES” boasts of more than fifty (50) local chapters whose members
include many regular members of these various Local Government Assessors’
Organizations who possess PRC Real Estate Appraisers Licenses and with a general
membership base of more than twelve thousand (12,000) bona fide members.

2. Upon the accreditation of an (“AIPO”) for the real estate service pursuant to
the provisions of Par. 2, Sec. 34, Art IV RA 9646 and pursuant to the provisions of
Par. 2, Sec. 34, Rule IV “PRBRES” Res. No. 2 Series of 2010 (Implementing Rules
and Regulations of R.A. 9646) which are exactly and similarly worded, to wit:

“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;”,

ALL real estate service practitioners including the Members of the “PRBRES” are
required to apply and become members of “PhilRES” the “AIPO” for the real estate
service in order for these real estate service practitioners to practice the profession
legally.

Similar to the law profession where all lawyers must voluntarily apply be a member
of the Integrated Bar of the Philippines (“IBP”) to practice the profession of law in
the Philippines, Real Estate Service Practitioners e.g. (1) real estate brokers; (2) real
estate appraisers; real estate brokers; and (4) real estate salespersons are required
to voluntarily apply and become members of “PhilRES” the “AIPO” for the real
estate service in order for these real estate service practitioners to practice the real
estate service profession legally.

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 4 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 5 of 35

In dutiful compliance to the provisions of law, more than Twelve thousand


(12,000) “PRC” Licensed real estate service practitioners including hundreds of
regular members of various Local Government Assessors’ Organizations who
possess PRC Real Estate Appraisers Licenses out of an estimated 30,000 “PRC”
licensed real estate service practitioners voluntarily applied to and became
members of “PhilRES” the “AIPO” for the real estate service dispersed nationwide
in more than fifty (50) local chapters.

Except for Hon. “PRBRES” Member Bansan Choa, none of the other members of
the “PRBRES” namely:

2.1 Eduardo G. Ong - Chairman


2.2. Ramon C. F. Cuervo III - Member
2.3 Rafael M. Fajardo - Member
2.4 Florencio C. Diño - Member

complied with this provision of the law and and volunatarily applied for regular
membership with “PhilRES” and therefore were practicing their profession and
serving as Members of the “PRBRES” in violation of law. (Emphasis supplied)

3. On November 12, 2014, prior to the expiration of the status of “PhilRES” as


the “AIPO” for the real estate service, “PhilRES” timely submitted its voluminous
500+ page timely “Petition for Renewal’ of its “AIPO” status in compiance of the
provisions of RULE3 of “PRC” Res. 2004-178.

4. On January 16, 2016, or 436 days from the date of submission of the
“PhilRES” “Petition for Renewal’ of its “AIPO” status in timely compliance of
RULE3 of the provisions of “PRC” Res2004-178 - the “PRC” and “PRBRES” illegally,
capriciously, unconstitutionally, without due process and hearing and without any
legal basis of law approved, adopted, and signed “PRBRES” Resolution No. 05

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 5 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 6 of 35

Series of 2016” (Please see Annexes “C” to “C-2”) and MERELY DENIED “PhilRES”’
petition for renewal of its accreditation as AIPO on the following grounds, to wit:

a. “Failure to Amend Its By Laws”;

b. “Breach of its Mandate to Integrate ALL Real Estate Service


Practitioners Into ONE (1) National Organization”

c. “Sanctioning the incorporation and continued existence of four


(4) organizations under its auspices”;

d. “Loss of Trust and Confidence”.

“PRBRES” Members, Eduardo G. Ong, Ramon C. F. Cuervo III, Rafael M. Fajardo,


and Florencio C. Diño not compliant of the provisions of Par. 2, Sec. 34, Art IV RA
9646 and not compliant of the provisions of Par. 2, Sec. 34, Rule IV “PRBRES” Res.
No. 2 Series of 2010 (Implementing Rules and Regulations of R.A. 9646) denied
the “AIPO” renewal application of an adjunct of the Implementors of RA 8981 and
RA 9646.

“PRBRES” RESOLUTION NO. 5 SERIES OF 2016 VIOLATES RULE3 and RULE4 “PRC”
RESOLUTION NO. 2004-178.

“RULE 3. Renewal of Certificate of Accreditation.

The accredited professional organization shall renew its Certificate of


Accreditation once every three (3) years after the date of the herein
Resolution granting the petition for accreditation and the issuance of the
said certificate upon submission of the requirements enumerated
hereunder and payment of the prescribed fees provided that the certificate
of accredlta0on has not been cancelled or revoked under any of the
causes/grounds set forth in Rule 4 hereof

....

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 6 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 7 of 35

RULE 4. Cancellation of Accreditation.

A certificate of accreditation of an accredited professional organization


shall be cancelled or suspended by the Commission or by the concerned
professional regulatory board upon approval or concurrence by the
Commission only after due hearing”.

“PRBRES” RESOLUTION NO. 5 SERIES OF 2016 VIOLATES SECTION 1, ARTICLE III


1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES.

“ARTICLE III BILL OF RIGHTS


Section 1. No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the laws.”

5. Even prior to the issuance of “PRBRES” Resolution No. 05 Series of 2016”,


despite the absence of any cancellation or revocation of the accreditation of
“PhilRES” as the “AIPO” for the real estate service and in the absence of any on-
going formal proceedings filed against “PhilRES” and in the absence of any legal
ground or basis, the PRC Commissioner Arch. Yolanda David Reyes has been
conducting a series of meetings up to the present with other real estate service
organizations with the end in view of creating a new organization that shall be
accredited as an “Interim AIPO” or a “new AIPO” (Please see Annex “D” to “D-2”) to the
damage and injury to the legal rights of “PhilRES”.

More specifically, PRC Commissioner Arch. Yolanda David Reyes has been
entertaining the Philippine Federation of Real Estate Service Professional Inc.
(PFRESPI) whose total general membership comprise less than twenty percent
(20%) of the total general membership of “PhilRES”. Moreover, PFRESPI does not
command the support of the various Local Government Assessors’ Organizations,
more specifically the (1) Philippine Association of Local Treasurers & Assessors, Inc.
(PHALTR.A.); (2) the Philippine Association of Municipal Assessors, Inc. (PAMAS);
(3) the Philippine Association of Assessing Officers, Inc. (PAAO); and, the Institute of
Public Sector Appraisers of the Philippines, Inc. (IPSAP) as best demonstrated by the

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 7 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 8 of 35

very low number of licensed real estate government appraiser/assessors in their


general membership base.

Sec. 3 (i) Rule 1 “PRBRES” Res. No. 2 Series of 2010 (Implementing Rules and
Regulations of R.A. 9646) defines “Interim AIPO” to wit:

“Interim Accredited Professional Organization (IAPO)” – the professional


organization accredited by the Commission only to operate and perform
activities or acts prior to and until the recognition or birth of the AIPO”.

Despite knowledge of the provisions law and of the Implementing Rules and
Regulations of R.A. 9646 “PRC” Commissioner Arch. Yolanda David Reyes is
conducting these meetings with other real estate service organizations and in
particular with the Philippine Federation of Real Estate Service Professional Inc.
(PFRESPI) with the end in view of creating a new organization that shall be
accredited as an “Interim AIPO” or a “new AIPO” and therefore in willful violation
of law.

“PhilRES” has already been previously accredited as the “AIPO”. Activities and
meetings being conducted by PRC Commissioner Arch. Yolanda David Reyes
leading to the Appointment and Naming of a new “Interim AIPO” violates this
provision of Sec. 3 (i) Rule 1 “PRBRES” Res. No. 2 Series of 2010 (Implementing
Rules and Regulations of R.A. 9646).

“PRC” actions for the purpose of forming a “new AIPO” is also violative of “PhilRES”
and its general collective membership’s legal and Constitutional Rights as a
juridical person pursuant to the provisions of Section 1, Article III 1987 Philippine
Constitution, to wit:

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 8 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 9 of 35

“ARTICLE III BILL OF RIGHTS


Section 1. No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the laws.”

While the general rule is that an unconstitutional law or resolution is void and
produces no rights, imposes no duties and affords no protection and therefore has
no legal effect, the same should be questioned and its legality challenged.

Being null and void ab inition its promulgation or adoption must be reversed,
rescinded and voided. Actions to render such unconstitutional law or resolutions
cannot prescribe and can be questioned and its legality challenged anytime.

Verily, “PhilRES” is a creation of the “PRBRES” and the “PRC”.

The contents and provisions of “PhilRES” Articles of Incorporation and By Laws


were just relatively very recently crafted, directly supervised, dictated and greatly
influenced by the “PRBRES” and the “PRC” to closely hew and to be patterned
after the Constitution and By Laws of the United Architects of the Philippines
(UAP) and therefore conforms to and were implemented with the full prior
knowledge, consent and approval of both the “PRBRES” and “PRC” – suffice to say
that these were presumed to be consistent with the provisions of existing laws and
“PRC” Resolutions.

The pre-incorporation acts and corporate acts of “PhilRES” were greatly influenced
and coordinated with the tacit and implied consent by “PhilRES” from directives
and suggestions emanating from both “PRBRES” and “PRC” as borne out by
communications emanating from both “PRBRES” and “PRC” (Please see Annexes “E” to
“E11”).

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 9 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 10 of 35

While “PhilRES” is admittedly a creation by both “PRBRES” and “PRC” upon the
approval of its Articles of Incorporation and By Laws by the Securities and Exchange
Commission “PhilRES” has acquired its own distinct and separate personality - a
juridical personality with Inherent Constitutional Rights guaranteed by the
Constitution of the Republic of the Philippines.

Admittedly, “PhilRES” is the “love child” so to speak of its pseudo-parents


(“PRBRES” and “PRC”).

Upon the accreditation and grant of “AIPO” status thru the issuance of “PRC”
Resolution No. 019 Series of 2011” by “PRBRES” and “PRC” on October 21, 2011
pursuant to the provisions of “PRC” Res. 2004-178 “PhilRES” and its general
collective membership has acquired the equivalent of “property and privilege” not
readily and easily granted and bestowed to many.

“PhilRES” general membership comprise and greatly outnumber more than all the
combined memberships of the other real estate service organizations and
associations combined.

“PRC” cannot legally supplant and replace “PhilRES” as the “AIPO” for the real
estate service on the basis of the illegal and unconstitutional resolution (“PRBRES”
Resolution No. 05 Series of 2016”) passed by the “PRBRES” and subsequently
approved by the “PRC”.

Moreover, “PRC” cannot legally supplant and replace “PhilRES” as the “AIPO” for
the real estate service with a new replacement AIPO organization like the
Philippine Federation of Real Estate Service Professional Inc. (PFRESPI) whose
total general membership comprise less than twenty percent (20%) of the total
general membership of “PhilRES” and who does not command the support of the
various Local Government Assessors’ Organizations, more specifically the (1)

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 10 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 11 of 35

Philippine Association of Local Treasurers & Assessors, Inc. (PHALTR.A.); (2) the
Philippine Association of Municipal Assessors, Inc. (PAMAS); (3) the Philippine
Association of Assessing Officers, Inc. (PAAO); and, the Institute of Public Sector
Appraisers of the Philippines, Inc. (IPSAP) as best demonstrated by the very low
number of licensed real estate government appraiser/assessors in their general
membership base.

It is therefore very curious and very suspect as to why despite PRC Commissioner
Arch. Yolanda David Reyes’ knowledge of the (1) great disparity in the general
membership base; (2) total number of local chapters created by “PhilRES” ; and,
the (3) provisions of law in as far as the rights of “PhilRES” and its general
membership are - PRC Commissioner Arch. Yolanda David Reyes has been
entertaining the Philippine Federation of Real Estate Service Professional Inc.
(PFRESPI) whose (a) total membership base; (b) total number of local chapters
created; and, (c) whose total number of government appraiser/assessor
membership base greatly pales in comparison with “PhilRES”.

It is simply a naked and brazen attempt to supplant the rights of the few over the
rights of the many which is undemocratic to say the least.

While inarguably, there are flaws in “PhilRES” Articles of Incorporation and New By
Laws for there is no perfect Articles of Incorporation and By Laws that exists –
there exists NO legal proceedings nor judicial body that determined the infirmity or
illegality of any of the provisions of “PhilRES” Articles of Incorporation and New By
Laws that would justify, compel or necessitate “PhilRES” to amend any provisions
of its Articles of Incorporation and New By Laws or that would justify the DENIAL
of its petition to renew its “AIPO” status for the real estate service.

Any effort or attempt to amend any provisions of its Articles of Incorporation and
New By Laws must be the result of formal and legal proceedings.

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 11 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 12 of 35

Whatever and if any flaws exist within its New By Laws, “PhilRES” and its general
collective membership which comprises a majority of the total number of “PRC”
licensed real estate service practitioners should be given all the opportunity to
“cure and correct” these flaws, if any.

“Mere Denial” without due process and hearing as required by provisions of (1)
“PRC” Res2004-178; is unjust, illegal, immoral an unconstitutional. “PRBRES” and
“PRC” cannot simply throw away its “love child” and replace it with a new one
because it (the “love child”) did not turn out to be as they had planned it to be.

Ipinagbababawal sa batas at hindi katanggap-tangap ang pagtapon at


pagtakwil sa sariling anak – so to speak.

More so when the “love child” represents a major percentage of the total number
of “PRC” licensed real estate service practitioners. The issuance of “PRBRES”
Resolution No. 05 Series of 2016” greatly affects a large majority of the total
number of “PRC” licensed real estate service practitioners who compose the
general collective membership of “PhilRES”.

RES IPSA LOQUITUR

PRAYER/PETITION
In view of all the foregoing, as a Member, Incorporator and Founding Vice
Chairman of the Philippine Institute of Real Estate Service Practitioners
(“PhilRES”) Incorporated and therefore a “Legal-Party-In-Interest” in this Petition,
“Petitioner Sevilla” has shown and demonstrated that “PhilRES” has dutifully
complied with and conformed with the provisions of “Rule3 “PRC” Res. 2004-178”

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 12 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 13 of 35

and that since its Certificate of Accreditation as the AIPO for the Real Estate Service
has never been cancelled or revoked after due notice and hearing.

“Petitioner Sevilla” respectfully prays that His Excellency Rodrigo Roa Duterte
Grant this Petition for Motion For Consideration To Order the “PRBRES” and the
“PRC” to Revisit “PRBRES” Resolution No. 5 Series of 2016 and investigate the
allegations and complaints stated herein this Petition for violation of, to wit:

1. Par. 2, Art IV RA 9646;


2. Par. 2, Rule IV “PRBRES” Res. No. 2 Series of 2010 (Implementing Rules
and Regulations of R.A. 9646)
3. Rule 3 and Rule 4 of “PRC” Resolution 2004-178; and more importantly,
4. For violation of Section 1 Article III of the 1987 Philippine Constitution.

“Petitioner Sevilla” respectfully prays that His Excellency Rodrigo Roa Duterte
when evidence/s merit to Order that “PRBRES” Resolution No. 05 Series of 2016”
be withdrawn, cancelled and be declared Unconstitutional, Illegal, Null and Void
and “PhilRES” be issued its renewal certification as the “AIPO for the Real Estate
Service”.

“Petitioner Sevilla” petitions His Excellency President Rodrigo Roa Duterte To


Order the “PRC” in particular, “PRC” Commissioner Arch. Yolanda David Reyes, to
Cease and Desist in conducting meetings and activities in forming an “Interim
AIPO” or a “new AIPO” to protect the constitutional rights of “PhilRES” pursuant
to the provisions of Section 1, Article III 1987 Philippine Constitution.

Lastly, “Petitioner Sevilla” petitions His Excellency Rodrigo Roa Duterte to order
the “PRC” and the “PRBRES” to reinstate the AIPO status of “PhilRES” due to
violation by the “PRC” and the “PRBRES” of the constitutional rights of “PhilRES”
to due process.

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 13 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 14 of 35

In support of this Petition, “Petitioner Sevilla” has attached hereto an (1) Executive
Brief, History, Background, Synopsis of Events with Annexes.

“Petitioner Sevilla” trusts that His Excellency Rodrigo Roa Duterte shall see the
legal, moral and justness of this Petition and favorably grant the prayers requested
for herein. Thank you.

Respectfully Submitted,

Dr. Enrico Melchor G. Sevilla


Doctor of Real Estate Management, Honoris Causa
“PRC” Real Estate Consultant Lic. No. 0000024
“PRC” Real Estate Appraiser Lic. No. 0000044
“PRC” Real Estate Broker Lic. No. 0000117
“PhilRES” AIPO No. 000008

#4 A. De Legaspi St., Bgy. Milagrosa, Proj. 4, Quezon City Metro Manila 1109
Email: ricosevilla@yahoo.com
Tel. Nos: 09062989305 09198090236

Copy Furnished:
Hon. Atty. Teofilo S. Pilando, Jr.
Chairman
Professional Regulation Commission (“PRC”)

Hon. Ofelia C. Binag


Chairperson
Professional Regulatory Board for the Real Estate Service (“PRBRES”)
Of the Professional Regulation Commission (“PRC”)

Philippine Institute of Real Estate Service Practitioners (“PhilRES”)


Incorporated

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 14 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 15 of 35

EXECUTIVE BRIEF

1. On April 28, 2010 the “PRBRES” invited more than twenty-five (25) Securities
and Exchange Commission registered national real estate service associations and
national real estate service organizations which comprise more than seventy-five
percent (75%) of the formally organized stakeholders in the Philippine Real Estate
Industry to the “APO Organization Meeting” at the Ballroom 1 (GF) of the Hyatt
Hotel & Casino, 1588 Pedro Gil St. cor. M. H. Del Pilar St., Malate, Manila.

Representatives of distinguished Incumbent Presidents, and/or Chairmen of the


Board, and/or Members of the Board of Directors/Trustees and/or Officers of these
organizations including the undersigned “Petitioner Sevilla” then representing the
Institute of Philippines Real Estate Consultants, Inc. as its President, heeded the
invitation to the “APO Organization Meeting” (Please see Annexes “E” to “E-2”) by
“PRBRES” whereat the attendees were informed that the sole purpose of the
meeting called for was to form the Accredited and Integrated Professional
Organization (“AIPO”) for the real estate service which was to be registered and
known as the “Philippine Institute of Real Estate Service Practitioners (“PhilRES”)
Incorporated pursuant to the provisions of RA9646, its Implementing Rules and
Regulations (which was at the time still un-approved and un-adopted), and “PRC”
Res. 2004-178 (Please see Annex “A”).

2. A “Convenors’ Group” including the undersigned “Petitioner Sevilla” was


formed and organized with “Petitioner Sevilla” as the Secretary General with the
end in view of formally organizing and registering “PhilRES” as a juridical entity.
The “Convenors’ Group” caused the drawing up and submission of the application
of the Articles of Incorporation and By Laws of a non-stock, non-profit professional
organization under the style name “Philippine Institute of Real Estate Service
Practitioners (“PhilRES”) Incorporated” with the “SEC”. “PhilRES” application for

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 15 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 16 of 35

incorporation was duly approved and registered as a professional non-stock non-


profit professional juridical entity by the “SEC” on May 19, 2010 with Registration
No. CN201007483 (Please see Annex “F”).

3. On 20 May 2010, “Petitioner Sevilla” in his capacity as Chairman of the AIPO


Accreditation Committee of “PhilRES” filed for and submitted to the “PRBRES” the
formal application for recognition and accreditation by the “PRBRES” as the “AIPO”
for the real estate service pursuant to the provisions of RA9646 and “PRC” Res.
2004-178 Series of 2004.

4. On July 15, 2011 after a further series of meetings with the “PhilRES” official
National Directorate representatives including the undersigned “Petitioner Sevilla”
and “PRBRES” members and/or its representatives for the purpose of introducing
and amending “PhilRES”’ By Laws to tailor suit it to comply with the provisions of
RA8981, RA9646, RA9646 IRR and several “PRC” Resolutions, the “PRBRES” finding
the submitted proposed New By Laws submitted by “PhilRES” acceptable -
officially indorsed “PhilRES” New By Laws” to the “SEC” for its processing and
approval (Please see Annex “G”).

5. On August 5, 2011 the “PRBRES” formally indorsed “PhilRES” petition to be


the “AIPO” for the real estate service to the “PRC” (Please see Annex “H”).

6. On October 21, 2011 the “PRC” approved “PhilRES” petition to be the


“AIPO” for the real estate service thru the issuance of “PRC” Resolution No. 019
Series of 2011” which was published in the November 14, 2011 issue of the Official
Gazette. The actual publication date of the Official Gazette was released publicly
on November 22, 2011 and became effective on December 7, 2011 (Please see
Annexes “B” to “B-7”).

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 16 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 17 of 35

7. On December 7, 2011 “PhilRES” officially became the “AIPO” for the real
estate service, and thereafter to be officially known as “PhilRES”-AIPO”.

8. On January 17, 2012 “PhilRES”-AIPO receives a formal letter communication


from the “PRBRES” dated January 16, 1012 suggesting that elections be scheduled
at a later future date and stresses that local chapter nominations are un-acceptable
to the “PRBRES” and inviting the “PhilRES”-AIPO to “attend the final meeting on
Wednesday, January 18, 2012”. The letter stresses that “the recognition and
accreditation of an AIPO falls squarely and exclusively upon the ‘“PRC”’ and the
‘“PRBRES”’, while the power to grant juridical personality lies with the ‘SEC’” (Please
see Annexes “I” to “I-1”).

9. Thereafter, despite the absence of any legal basis and without due notice
and hearing, several directives were issued by the “PRBRES” and “PRC” ordering
“PhilRES” to postpone “PhilRES”-AIPO”’s 1st Regular National Elections and amend
its By Laws in violation of the Transitory Provisions of its New By Laws (Please see
Annexes “J” to “J-5“).

10. On November 12, 2014, prior to the expiration of “PhilRES”-AIPO”’s status


and accreditation as the “AIPO” for the real estate service slated to expire on
November 30, 2014, “PhilRES”-AIPO” submitted its voluminous 500+ page timely
“Petition for Renewal’ of its “AIPO” status in compliance of the provisions of RULE
3 of “PRC” Res2004-178.

11. On January 16, 2016, or 436 days from the date of submission of “PhilRES”-
AIPO”’s “Petition for Renewal’ of its “AIPO” status in timely compliance of RULE 3
of the provisions of “PRC” Res2004-178 - the “PRC” and “PRBRES” illegally,
capriciously, unconstitutionally, without due process and hearing and without any
legal basis of law approved, adopted, and signed “PRBRES” Resolution No. 05

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 17 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 18 of 35

Series of 2016” (Please see Annexes “C” to “C-2”) and MERELY DENIED “PhilRES”’
petition for renewal of its accreditation as AIPO on the following grounds, to wit:

a. “Failure to Amend Its By Laws”;


b. “Breach of its Mandate to Integrate ALL Real Estate Service
Practitioners Into ONE (1) National Organization” (Emphasis supplied);

c. “Sanctioning the incorporation and continued existence of four (4)


organizations under its auspices”;

d. “Loss of Trust and Confidence”.

12. Even prior to the issuance of “PRBRES” Resolution No. 05 Series of 2016”,
despite the absence of any cancellation or revocation of the accreditation of
“PhilRES” as the “AIPO” for the real estate service and in the absence of any on-
going formal proceedings filed against “PhilRES” and in the absence of any legal
ground or basis, the PRC Commissioner Arch. Yolanda David Reyes has been
conducting a series of meetings up to the present with other real estate service
organizations with the end in view of creating a new organization that shall be
accredited as an “Interim AIPO” or a “new AIPO” (Please see Annex “D” to “D-2”) to the
damage and injury to the legal rights and constitutional rights of “PhilRES”.

“ARTICLE III BILL OF RIGHTS


Section 1. No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the laws.”

RES IPSA LOQUITUR

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 18 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 19 of 35

DISCUSSION
Verily, “PhilRES” is a creation of the “PRBRES” and the “PRC”.

The contents and provisions of “PhilRES” Articles of Incorporation and By Laws


were just very recently crafted, directly supervised, dictated and greatly influenced
by the “PRBRES” and the “PRC” to closely hew and to be patterned after the
Constitution and By Laws of the United Architects of the Philippines (UAP) and
therefore conforms to and were implemented with the full prior knowledge,
consent and approval of both the “PRBRES” and “PRC” – suffice to say that these
were presumed to be consistent with the provisions of existing laws and “PRC”
Resolutions.

The pre-incorporation acts and corporate acts of “PhilRES” were greatly influenced
and coordinated with the tacit and implied consent by “PhilRES” from directives
and suggestions emanating from both “PRBRES” and “PRC” as borne out by
communications emanating from both “PRBRES” and “PRC”.

1. “PRBRES” Resolution No. 05 Series of 2016” and MERELY DENYING


“PhilRES”’ petition for renewal of its accreditation as “AIPO” does not
conform to and violates provisions of “Rule3 and Rule4, “PRC” Res. 2004-
178”, to wit:

“RULE 3. Renewal of Certificate of Accreditation.


The accredited professional organization shall renew its Certificate of Accreditation
once every three (3) years after the date of the herein Resolution granting the
petition for accreditation and the issuance of the said certificate upon submission
of the requirements enumerated hereunder and payment of the prescribed fees
provided that the certificate of accredlta0on has not been cancelled or
revoked under any of the causes/grounds set forth in Rule 4 hereof:”

RULE 4. Cancellation of Accreditation.


A certificate of accreditation of an accredited professional organization shall
be cancelled or suspended by the Commission or by the concerned
professional regulatory board upon approval or concurrence by the
Commission only after due hearing under any of the following grounds/causes:

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 19 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 20 of 35

1. The accredited professional organization has ceased to possess any of the


qualifications for accreditation.

2. The accredited professional organization no longer served the best interest of the
profession for which it was accredited.

3. The membership of the accredited professional organization falls 50% or below of


those who have been issued their annual registration cards for the current year.

4. The accredited professional organization has committed acts inimical to its


members and to the profession.

5. The accredited professional organization has not renewed its certificate of


accreditation after a lapse of an unreasonable period from the date of its
renewability.

6. The accredited professional organization and/or its chapter organizations has not
submitted audited financial statements thereof.

(Emphasis Supplied)

2. Provisions of both “Rule3 and Rule4, “PRC” Res. 2004-178” provides that “a
certificate of accreditation of an accredited professional organization shall be
cancelled or suspended by the Commission or by the concerned professional
regulatory board upon approval or concurrence by the Commission only after
due hearing”.

(Emphasis Supplied)

3. No hearing was ever conducted by the “PRBRES” and “PRC” as provided for
by “Rule 3 and Rule4, “PRC” Res. 2004-178” and therefore violates the
provisions of said “Rule 3 and Rule4, “PRC” Res. 2004-178” but, more
importantly and more profoundly the constitutional right of “PhilRES” to
due process as provided for in Sec. 1, Art. III 1987 Philippine Constitution.

“PhilRES” was denied of its constitutional right to fully exercise its right to
possess “property” in the form of its accreditation of as the “AIPO for the
real estate service” an accreditation which was illegally taken from

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 20 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 21 of 35

“PhilRES” without due process and therefore denied the constitutional right
to liberty to function and act as the “AIPO for the real estate service”.

4. A cursory reading of the provisions of “Rule “PRC” Res. 2004-178” imply


that upon faithful compliance to the submission and renewal requirements
by an accredited professional organization and in the absence of any order
of cancellation or revocation of the certificate of accreditation after due
notice and hearing – the renewal of the accredited status of a professional
organization is automatic.

5. The contents, reasons and justifications of “PRBRES” Resolution No. 05


Series of 2016” being patently illegal and unconstitutional do not deserve to
be discussed.

However, if only to fully debunk the patently illegal and unconstitutional


issuance “PRBRES” Resolution No. 05 Series of 2016” and its contents as
without merit, “Petitioner Sevilla” offers the following arguments in
defense of his claim, to wit:

5.1 “a. Failure to Amend Its By Laws”.


The “PRBRES” and “PRC” have just very recently approved the
Amended Articles of Incorporation and New By Laws of “PhilRES” as
evidenced by “PRBRES” letter dated July 15, 2011 after a further series
of meetings with the “PhilRES” official National Directorate
representatives and “PRBRES”’ members and/or representatives for
the purpose of amending “PhilRES”’ By Laws to tailor suit it to comply
with the provisions of RA8981, RA9646, RA9646 IRR and several “PRC”
Resolutions, the “PRBRES” finding the submitted proposed New By
Laws submitted by “PhilRES” acceptable to the “PRBRES”, the
“PRBRES” officially indorsed “PhilRES” New By Laws” to the SEC for its
processing and approval and likewise the contents and provisions of

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 21 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 22 of 35

“PRC” Resolution No. 19 Series of 2011” issued on 21 October 2011


when “PRBRES” and “PRC” granted “AIPO” status to “PhilRES”.

There has been no legal process that has determined that any of the
provisions of “PhilRES”-AIPO’s New By Laws violates any provision of
law.

Prior to the issuance of “PRBRES” Resolution No. 05 Series of 2016”


“PhilRES” was not in receipt of any lawful order borne out of any legal
proceedings ordering or advising “PhilRES” to amend any provision of
its New By Laws.

5.2 “b. Breach of its Mandate to Integrate ALL Real Estate Service
Practitioners Into ONE (1) National Organization” (Emphasis
supplied);

There is no provision under “PhilRES” accreditation as embodied in


“PRC” Resolution No. 19 Series of 2011” and under “Rule 2 “PRC”
Res. 2004-178” to “Integrate ALL real estate service practitioners”.

This alleged provision by itself is what is known in law as “an


impossible provision” which is a prohibited provision under the law for
It Is Impossible “to Integrate ALL real estate service practitioners”.
Under Section 8, Article III of the 1987 Constitution the provision of
Freedom of Association, provides that “the right of the people,
including those employed in the public and private sectors, to form
unions, associations, or societies for purposes not contrary to law shall
not be abridged.” Conversely, no person may be forced to join any
association (e.g. “PhilRES”-AIPO”) against his/her will.

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 22 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 23 of 35

The alleged “Breach of its Mandate to Integrate ALL Real Estate


Service Practitioners Into ONE (1) National Organization” has no legal
basis to stand on.

5.3 “c. Sanctioning the incorporation and continued existence of four (4)
organizations under its auspices”

(Emphasis supplied);

The “PRBRES” and “PRC” have just very recently approved the
Amended Articles of Incorporation and New By Laws of “PhilRES” as
evidenced by “PRBRES” letter dated July 15, 2011 after a further series
of meetings with the “PhilRES” official National Directorate
representatives and “PRBRES”’ members and/or representatives for
the purpose of amending “PhilRES”’ By Laws to tailor suit it to comply
with the provisions of RA8981, RA9646, RA9646 IRR and several “PRC”
Resolutions, the “PRBRES” finding the submitted proposed New By
Laws submitted by “PhilRES” acceptable to the “PRBRES”, the
“PRBRES” officially indorsed “PhilRES” New By Laws” to the SEC for its
processing and approval and likewise the contents and provisions of
“PRC” Resolution No. 19 Series of 2011” issued on 21 October 2011
when “PRBRES” and “PRC” granted “AIPO” status to “PhilRES”.

“PhilRES” New By Laws as endorsed by the “PRBRES” and “PRC” to


the SEC for its processing and approval as evidenced by “PRBRES”
letter dated July 15, 2011 requires all local chapters of “PhilRES” to
apply for and be registered as local chapters of “PhilRES” using only
“Standard Pro Forma Articles of Incorporation and By Laws templates”
approved and issued by “PhilRES”. These “PhilRES” local chapters do
not pay any membership fees nor are they allowed to vote in
“PhilRES” meetings, proceedings and elections.

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 23 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 24 of 35

Prior to the issuance of “PRBRES” Resolution No. 05 Series of 2016”


“PhilRES” was not in receipt of any lawful order borne out of any legal
proceedings ordering or advising “PhilRES” to amend this specific
provision of its New By Laws.

The Certificate of Accreditation of “PhilRES”-AIPO has never been


cancelled or revoked nor cancelled or suspended by the Commission or
“PRBRES” at any time because there have been no hearings that have
judicially nor administratively found “PhilRES”-AIPO culpable or guilty
of any provisions of its accreditation as the AIPO for the real estate
service.

5.4 “d. “Loss of Trust and Confidence”


There is no provision for “Loss of Trust and Confidence” among the
basis to cancel, suspend or revoke the accreditation of an “AIPO”.

“Loss of Trust and Confidence” is a very subjective and arbitrary


provision.

6. Even prior to the issuance of “PRBRES” Resolution No. 05 Series of 2016”,


despite the absence of any cancellation or revocation of the accreditation of
“PhilRES” as the “AIPO” for the real estate service and in the absence of any on-
going formal proceedings filed against “PhilRES” and in the absence of any legal
ground or basis, the PRC Commissioner Arch. Yolanda David Reyes has been
conducting a series of meetings up to the present with other real estate service
organizations with the end in view of creating a new organization that shall be
accredited as an “Interim AIPO” or a “new AIPO” (Please see Annex “D” to “D-2”) to the
damage and injury to the legal rights and constitutional rights of “PhilRES”.

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 24 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 25 of 35

“ARTICLE III BILL OF RIGHTS


Section 1. No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the laws.”

More specifically, PRC Commissioner Arch. Yolanda David Reyes has been
entertaining the Philippine Federation of Real Estate Service Professional Inc.
(PFRESPI) whose total general membership comprise less than twenty percent
(20%) of the total general membership of “PhilRES”. Moreover, PFRESPI does not
command the support of the various Local Government Assessors’ Organizations,
more specifically the (1) Philippine Association of Local Treasurers & Assessors, Inc.
(PHALTR.A.); (2) the Philippine Association of Municipal Assessors, Inc. (PAMAS);
(3) the Philippine Association of Assessing Officers, Inc. (PAAO); and, the Institute of
Public Sector Appraisers of the Philippines, Inc. (IPSAP) as best demonstrated by the
very low number of licensed real estate government appraiser/assessors in their
general membership base.

Presently, despite knowledge of the provisions of the Implementing Rules and


Regulations of R.A. 9646 “PRC” Commissioner Arch. Yolanda David Reyes is
conducting these meetings with other real estate service organizations with the
end in view of creating a new organization that shall be accredited as an “Interim
AIPO” or a “new AIPO” and therefore in willful violation of law.

“PhilRES” has already been previously accredited as the “AIPO”. Activities and
meetings being conducted by “PRC” Commissioner Arch. Yolanda David Reyes
leading to the Appointment and Naming of a new “Interim AIPO” violates this
provision of Sec. 3 (i) Rule 1 “PRBRES” Res. No. 2 Series of 2010 (Implementing
Rules and Regulations of R.A. 9646).

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 25 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 26 of 35

“PRC” actions for the purpose of forming a “new AIPO” is also violative of “PhilRES”
and its general collective membership’s Constitutional Rights as a juridical person
pursuant to the provisions of Section 1, Article III 1987 Philippine Constitution.

History, Background and Synopsis of Factual Events


(From the Enactment of RA9646 Up to The Present)

1. On June 29, 2009 RA 9646 otherwise known as the “Real Estate Service Act
of the Philippines” (hereinafter referred to as “RESA”) was signed into law by
President Gloria Macapagal Arroyo and created “PRBRES” - the 44th
profession and professional regulatory board, under the control and
supervision of the Professional Regulation Commission (hereinafter referred
to as “PRC”).

2. On July 15, 2009 RA 9646 was published in the Philippine Daily Inquirer and
took effect fifteen (15) days following its publication on August 1, 2009.

3. On different dates thereafter, President Gloria Macapagal Arroyo appointed


the first members of the “PRBRES” namely:

3.1 Eduardo G. Ong - Chairman


3.2. Ramon C. F. Cuervo III - Member
3.3 Rafael M. Fajardo - Member
3.4 Bansan C. Choa - Member
3.5 Florencio C. Diño - Member

Except for Mr. Florencio C. Diño, all the other first members of the “PRBRES”
were confirmed to be possessors of at least one (1) valid real estate licenses

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 26 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 27 of 35

issued by the Bureau of Trade Regulation and Consumer Protection of the


Department of Trade and Industry prior to their appointment as members of
the “PRBRES”. At the time of Mr. Florencio C. Diño’s appointment he was
neither a licensed real estate broker, he was neither a licensed real estate
appraiser nor was he a licensed real estate consultant.

On March 26, 2010, the first “PRBRES” was created with the members
thereof being inducted at oath taking ceremonies held at the Professional
Regulation Commission main office.

4. Under the provisions of RA 9646 and RA8981, an Accredited and Integrated


Professional Organization (AIPO) shall be recognized and accredited to
regulate and supervise all the “PRC” licensed and accredited real estate
service practitioners under “PRBRES”.

ALL “PRC” licensed real estate service practitioners (i) real estate brokers;
(ii)real estate appraisers including LGU assessors; and, (iii) real estate
consultants without exception are required to be members of the AIPO to
legally practice their profession.

5. On April 28, 2010 the Professional Regulatory Board on Real Estate Service
(“PRBRES”) invited SEC formally organized stakeholders in the Philippine Real
Estate Industry to the “APO Organization Meeting” with the members of the
“PRBRES” seating en banc to be held on April 28, 2010 at the Ballroom 1
(GF) of the Hyatt Hotel & Casino, 1588 Pedro Gil St. cor. M. H. Del Pilar St.,
Malate, Manila (Please see Annex “K” to “K-2”).

The distinguished Incumbent Presidents, and/or Chairmen of the Board,


and/or Members of the Board of Directors/Trustees and/or Officers of
twenty-five (25) national associations and national organizations which

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 27 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 28 of 35

comprise more than seventy-five percent (75%) of the formally organized


stakeholders in the Philippine Real Estate Industry heeded the invitation to
the “APO Organization Meeting” by the Professional Regulatory Board on
Real Estate Service (“PRBRES” and attended the April 28, 2010 meeting.

These are composed of the following esteemed and distinguished ladies and
gentlemen of:

5.01 Institute of Philippine Real Estate Consultants, Inc. (IPREC)


Enrico Melchor G. Sevilla - President 2010
Amelita E. Sarmiento - Chairman of the Board 2010
Juan B. Dayag - Vice President 2010

5.2 Philippine Association of Realty Consultants & Specialists, Inc. (PARCS)


Domingo D. De Vera - President 2010
Victor T. Salinas
Carolina Q. Alvarez

5.03 Philippine Association of Realty Appraisers, Inc. (PARA)


Dr. Mary Gaw So - President - 2010
Filipina Tuazon

5.04 Institute of Philippine Real Estate Appraisers, Inc. (IPREA)


Roche U. Rigos - President 2010
Ernesto M. Angeles

5.05 Philippine Association of Realtors Boards, Inc.(PAREB)


Pilar Torres-Banaag - President 2010
Tomasito Z. Academia - Chairman of the Board 2010
Jocelynn Coronado-Sison - Secretary General 2010

5.06 Real Estate Brokers Association of the Philippines, Inc. (REBAP)


Julius G. Topacio - Chairman 2010
Evangeline M. De Jesus - Vice President MIS
Josefina D. Magumcia - VP Internal

5.07 National Real Estate Association, Inc. (NREA)


Marissa P. Magsino - President 2010
Alejandro S. Manalac - Vice Chairman – 2010

5.08 Chamber of Real Estate Builders Association, Inc. (CREBA)


Florentino S. Dulalia, Jr. - President 2010

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 28 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 29 of 35

5.09 National Real Estate Association, Inc. - Cebu (NREA-Cebu)


Abundio C. Gultiano, Jr. - President 2010

5.10 NAR Philippines (NAR)


Moises C. Canayon - President 2010
Elizabeth Villareal - Vice President
Atty. Iderlina P. Pagunuran

5.11 Philippines Realtors Foundation, Inc. (PRFI)


Jane T. Saguinsin - President 2010
Ma. Teresita B. Canlas - Executive Vice President 2010

5.12 Institute of Public Sector Appraisers of the Philippines, Inc. (IPSAP)


Joselito C. Caballero - President 2010
Genaro N. Flores – Vice President 2010

5.13 Philippine Association of Local Treasurers & Assessors, Inc.


(PHALTR.A.)
Nestor P. Quiambao - President 2010

5.14 Philippine Association of Municipal Assessors, Inc. (PAMAS)


Mario G. Magcalas - President 2010

5.15 Philippine Association of Assessing Officers, Inc. (PAAO)


Nelson E. Parreno - President 2010
Gener R. Sison – EVP 2010

5.16 Subdivision and Housing Developers Association, Inc. (SHDA)


Jose S. De Guzman

5.17. Philippine Council of Real Estate Educators, Inc. (PHILCORE)


Amelita E. Sarmiento
Florentino S. Dulalia, Jr.

5.18 Organization of Socialized Housing Developers of the Philippines


(OSHDP)
Linda A. Tan
Jefferson S. Bonggat

5.19. Asian Valuers Association (AVA)


Federico F. Cuervo

5.20 Society of Philippine Review Appraisers, Inc. (SUPR.A.)


Filemon N. Saromo

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 29 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 30 of 35

5.21 Northern Mindanao Association of Real Estate Appraisers, Inc.


(NORMINAREA)
Pilar Torres-Banaag - President 2010

5.22. Federation of Real Estate Brokers Association, Inc. (FREBA)


Araceli S. Cauguiran - Past President 2009
Edward R. Tolentino

5.23 Philippine Association of Building Administrators, Inc. (PABA)


Jeffrey R. Sosa
Juan H. De Los Santos

5.24 Housing and Urban Development Coordinating Council (HUDCC)


Lindsay A. Barrientos
Celia S. Alba

5.25 SIRCRO
Arnulfo Canaria

Upon suggestion and recommendation by the members of the “PRBRES”


seating en banc, the distinguished Incumbent Presidents, and/or Chairmen
of the Board, and/or Members of the Board of Directors/Trustees and/or
Officers of twenty-five (25) national associations and national organizations
which comprise more than seventy-five percent (75%) of the formally
organized stakeholders in the Philippine Real Estate Industry then physically
present in said meeting adopted the style name “Philippine Institute of Real
Estate Service Practitioners (“PhilRES”) Incorporated” of the Accredited and
Integrated Professional Organization (AIPO) that shall be formed.

Subsequently during the meeting, the “PRBRES” seating en banc


unanimously approved the motion for the formation of a 25-man
“Convenors Group” that shall spearhead and undertake the formation of the
AIPO pursuant to the provisions of RA9646, its Implementing Rules and
Regulations (which was at the time still un-approved and un-adopted), and
“PRC” No. 2004-178 Series of 2004. (Please see Annex “A”)

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 30 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 31 of 35

6. On April 30, 2010 “PRBRES” Resolution No. 01” otherwise known as the
“Registration As Real Estate Practitioners Of The First Chairperson and Four
(4) Members Of The Professional Regulatory Board of Real Estate Service
(The Board)” was adopted and approved by the first members of the
“PRBRES” namely Dr. Eduardo Gutierrez-Ong, Bansan C. Choa, Ramon C. F.
Cuervo III, Florencio C. Dino and, Rafael M. Fajardo and conferred and
granted ALL real estate professional licenses for real estate broker, real
estate appraiser and real estate consultant licenses unto themselves –
licenses which not all of them possessed, except for Mr. Rafael M. Fajardo, at
the time of their appointment as Members of the “PRBRES”.

At the time of Mr. Florencio C. Diño’s appointment he was neither a licensed


real estate broker, he was neither a licensed real estate appraiser nor was he
a licensed real estate consultant.

7. On May 17, 2010 the Articles of Incorporation and By Laws of a non-stock,


non-profit professional organization under the style name “Philippine
Institute of Real Estate Service Practitioners (“PhilRES”) Incorporated” was
filed with the SEC by the representative members of the “Convenors Group”
and was duly approved and registered by the SEC with SEC Registration No.
CN201007483 on May 19, 2010 (Please see Annex “F”).

8. On 20 May 2010, “PhilRES” filed for the formal application for recognition
and accreditation by the “PRBRES” as the AIPO for the real estate service
pursuant to the provisions of RA9646 and “PRC” Res. 2004-178 Series of
2004.

9. On July 21, 2010 “PRBRES” Resolution No. 2 (Implementing Rules and


Regulations for RA9646) was approved and adopted by the “PRBRES” and
approved by the “PRC”.

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 31 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 32 of 35

10. On June 15, 2011, the “PRBRES” formally communicated to “PhilRES” that
during “PRBRES” 50th Board Meeting held on June 01, 2011, it (the
“PRBRES”) unanimously approved the recognition of “PhilRES” as the
“AIPO” for the real estate service (Please see Annexes “L” to L-2”).

11. On July 15, 2011 after a further series of meetings with the “PhilRES” official
National Directorate representatives and “PRBRES” members and/or
representatives for the purpose of amending “PhilRES”’ By Laws to tailor suit
it to comply with the provisions of RA8981, RA9646, RA9646 IRR and several
“PRC” Resolutions, the “PRBRES” finding the submitted proposed New By
Laws submitted by “PhilRES” acceptable to the “PRBRES”, the “PRBRES”
officially indorsed “PhilRES” New By Laws” to the SEC for its processing and
approval (Please see Annex “G”).

12. On August 5, 2011 the “PRBRES” formally indorsed “PhilRES”’ petition to be


the AIPO for the real estate service to the “PRC” (Please see Annex “H”).

13. On October 21, 2011 the “PRC” approved “PhilRES” petition to be the
“AIPO” for the real estate service thru the issuance of “PRC Resolution No.
019 Series of 2011” (Please see Annex “B” to “B-7”) which was published in the
November 14, 2011 issue of the Official Gazette. The actual publication date
of the Official Gazette was released publicly on November 22, 2011 and
became effective on December 7, 2011.

14. On December 7, 2011 “PhilRES” officially became the “AIPO” for the real
estate service, and thereafter to be officially known as “PhilRES-AIPO”.
Pursuant to the provisions of Par. 2 Sec. 34 Article IV RA9646 ALL real estate
service practitioners without exception (including the members of the

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 32 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 33 of 35

“PRBRES”) must be voluntary mandatory members of “PhilRES-AIPO” to


legally practice their profession.

15. On December 14, 2011 the “PRBRES” called for a “Dialogue Regarding AIPO
Matters and Plans and Activities for 2012” at the “PRC” PAPRB Lounge was
attended by Messrs. Dr, Eduardo G. Ong, Bansan C. Choa and Rafael M.
Fajardo of the “PRBRES”, several Members of the Board of Trustees of
“PhilRES-AIPO” and by Dr. Cerila L. Eden of the “PRC” Standards and
Inspection Division.

Exactly seven (7) calendar days after officially becoming the AIPO for real
estate service, the “PRBRES” the verbally demands that “PhilRES-AIPO” not
to implement the Transitory Provisions of Article XXX of “PhilRES” New By
Laws more particularly the formation of local chapters from “PhilRES”
Member Applicants – in effect ordering the “PhilRES” National Directorate to
violate the Transitory Provisions of its New By Laws which the “PRBRES” had
direct participation in its amendment and crafting.

16. On January 6, 2011 exactly thirty-one (31) days since its formal accreditation
as the AIPO for the real estate service, the “PRBRES” formally threatens
“PhilRES” of suspension or dis-accreditation as the AIPO for the real estate
service in the absence of any formal verified complaint filed with the Legal
Division of “PRC” as required by the Rules, if “PhilRES” fails to comply with
its letter demand “not to implement certain provisions of “PhilRES”
Transitory Provisions as provided for in Article XXX thereof” (Please see Annex
“M”).

17. On January 17, 2012 “PhilRES-AIPO” receives a formal letter communication


from the “PRBRES” dated January 16, 1012 suggesting that elections be
scheduled at a later future date and stresses that local chapter nominations

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 33 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 34 of 35

are un-acceptable to the “PRBRES” and inviting the “PhilRES-AIPO” to


“attend the final meeting on Wednesday, January 18, 2012”. The letter
stresses that “the recognition and accreditation of an AIPO falls squarely and
exclusively upon the “PRC” and the “PRBRES”, while the power to grant
juridical personality lies with the SEC” (Please see Annex “I”).

Thereafter despite the absence of any legal basis and without due notice and
hearing, several directives were issued by the “PRBRES” and “PRC” ordering
“PhilRES” to postpone “PhilRES-AIPO”’s 1st Regular National Elections in
violation of the Transitory Provisions of its New By Laws(Please see Annexes “K”
to “K-5”).

18. On November 12, 2014, prior to the expiration of “PhilRES-AIPO”’s status


and accreditation as the AIPO for the real estate service slated to expire on
November 30, 2014, “PhilRES-AIPO”’s submitted its voluminous 500+ page
timely “Petition for Renewal’ of its AIPO status in compliance of the
provisions of RULE 3 of “PRC Res2004-178”.

19. On January 16, 2016, or 436 days from the date of submission of “PhilRES-
AIPO”’s “Petition for Renewal’ of its AIPO status in timely compliance of
RULE 3 of the provisions of “PRC” Res2004-178 - the “PRC” and “PRBRES”
illegally, capriciously, unconstitutionally, without due process and hearing
and without any legal basis of law approved, adopted, and signed “PRBRES”
Resolution No. 05 Series of 2016” (Please see Annex “C to “C-2)”) and MERELY
DENIED “PhilRES”’ petition for renewal of its accreditation as AIPO on the
following grounds, to wit:

a. “Failure to Amend Its By Laws”;


b. “Breach of its Mandate to Integrate ALL Real Estate Service
Practitioners Into ONE (1) National Organization”;

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 34 of 35
Petition to President Rodrigo Roa Duterte
04 March 2019
Page 35 of 35

c. “Sanctioning the incorporation and continued existence of four


(4) organizations under its auspices”;
d. “Loss of Trust and Confidence”.

20. Prior to the issuance of “PRBRES” Resolution No. 05 Series of 2016, despite
the absence of any legal ground or basis, the “PRC” and “PRBRES” have been
conducting a series of meetings with “PhilRES” and other real estate
organizations with the end in view of creating a new organization that shall
be accredited as the “new AIPO” (Please see Annex “D”).

Presently, despite knowledge of the provisions of the Implementing Rules


and Regulations of R.A. 9646 “PRC” Commissioner Arch. Yolanda David
Reyes is conducting these meetings with other real estate service
organizations with the end in view of creating a new organization that shall
be accredited as an “Interim AIPO” or a “new AIPO” and therefore in willful
violation of law.

“PhilRES” has already been previously accredited as the “AIPO”. Activities


and meetings being conducted by “PRC” Commissioner Arch. Yolanda David
Reyes leading to the Appointment and Naming of a new “Interim AIPO”
violates this provision of Sec. 3 (i) Rule 1 “PRBRES” Res. No. 2 Series of 2010
(Implementing Rules and Regulations of R.A. 9646).

RES IPSA LOQUITUR

-NOTHING–FOLLOWS-AFTER-THIS-LINE-

Petition to President Rodrigo Roa Duterte


04 March 2019
Page 35 of 35

You might also like