ese CIVIL SERVICE COMMISSION ‘Republic ofthe Philippines Civil Service Commission National Capital Region MARCOS, Jetron Mike C, Re: Request for Assistance (N1520123216) ¥ aa December 18, 2019 ATTY. JETRON MIKE C. MARCOS Provincial Legal Office Municipal Government of Quirino Capitol Hills, Cabarroguis, Quirino Dear Atty. Marcos: This refers to your letter asking clarification from this Office whether eligibilities granted under Section 20, Article III of Republic Act (RA) No. 9646! may be considered as appropriate eligibility for appointment to assessor and appraiser positions in government, You also seek guidance on the proper interpretation of the penultimate paragraph of Civil Service Commission (CSC) Memorandum Circular (MC) No. 20, s. 2012 which reads, as follows: “The appointment of incumbents to subject positions, who do not possess the required RA 1080 (Real Estate Service) eligibility but were appointed under permanent status prior to the issuance of this policy shail not be disturbed. However, they shall not be eligible ‘for promotion to higher Assessor and Appraiser positions unless they meet the required RA 1080 eligibility.” Please be informed that as a matter of policy, this Office does not render an opinion on matters that may be elevated on appeal to the Civil Service Commission (CSC). Likewise, it would be inappropriate for this Office to rule on speculative, theoretical or abstract questions or propositions as an opinion of this Office might be taken out of context considering a unique/particular set of facts. Nonetheless, in the interest of guidance and clarification, we may respond to your query based on your representation, At the core of the matter is Section 20, Article III of RA No. 9646, which provides: “Section 20. Registration Without Examination, - Upon application and payment of the required fees, the following shail be + Real Estate Service Act of the Philippines. Bawat Kawani, Lingkod Bayani "F No. 25 Kaliraya St, Bray. Dofa Josefa, Quezon City, "WE(02) 740-84 12/ (02) 749-0980/ (02) 781-5864 Ee@roncr@csc.gov.ph _ @wwwacsc.gov.ph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: “(@) 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; “(®) Assessors and appraisers who, on the date of the effectivity of this Act, hold permanent appoiniments 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. xxx" Thus, as long as one falls under any of the aforementioned classification and complies with the application and registration procedures prescribed by law, he/she can be registered as a licensed real estate service practitioner. Pointedly, RA No. 9646 does not distinguish between those who obtained their Real Estate Service License by passing the licensure examinations and those who were registered under Section 20. Where the law itself does not distinguish, neither should we. Ubi lex non distinguit, nec nos distinguere debemus. In fact, as a testament to the foregoing, Section 25, Article IV of RA No. 9646 equally allows successful examinees qualified for registration and all qualified applicants for registration without examination to take their oaths and enter into the practice of real estate service. Finally, please be advised that the penultimate paragraph of Civil Service Commission Memorandum Circular No, 20, s. 2012 applies only to permanent incumbents to assessor/appraiser positions who do not possess the required Real Estate Service License, It does not apply to real estate service practitioners who obtained their licenses under Section 20 of RA No. 9646 because, as discussed above, registration without examination is in itself a mode of obtaining a Real Estate Service License.‘We hope we have clarified you on the matter, Very truly yours, JUDITH A, iGALLO-CHICANO Director csc-nenast