RESA (RA#9646 AND ITS IMPLEMENTING RULES AND REGULATIONS AND PRC RULES

1. Republic Act No. 9646 (RA#9646) or Real Estate Service Act of the Philippines – the law that
1. Regulates the practice of real estate service in the Philippines and
2. Created the Professionals Regulatory Board of Real Estate Service (PRBRES)

2. The Philippine government recognized the vital role of real estate professionals in social, economic
development and progress of the country.
1. By promoting the real estate market
2. Stimulating the economic activity and
3. Enh

3. REAL ESTATE DEVELOPERS – refers to

1. Any natural or juridical person engaged in the business of developing real estate
development project for his/her or its own account and offering it for sale or lease
2. A person who should be registered and regulated under PD#957 as amended and BP#220
governed by HLURB
3. A person engaged in the development of memorial park, Farm lot development, housing
subdivision and condominium projects.

4. REAL ESTATE – refers to the land and all those attached to the land together with all the additions
or improvements above or below the ground either physical or tangible entity.

5. REAL ESTATE DEVELOPMENT PROJECT – refers to the development of land for commercial,
agricultural, residential, industrial, recreational, or institutional (CARIRI) purposes or any
combination thereof but not limited to : tourist resorts, reclamation projects, building or housing
projects whether for individual or condominium ownership, memorial parks and others of similar
nature.

6. REAL PROPERTY – defined to include all the rights, interest and benefits (ribs) related to the
ownership of real estate (land and all those attached to the land together with all the additions or
improvements above or below the ground).

7. The Professional Regulation Commission (PRC) and the duly constituted government
authorities/agencies of the Philippine shall assist in enforcing the provisions of RA#9646, its IRR and
other policies enacted by the PRBRES, PRC lawyers shall act as prosecutors against illegal
practitioners and other violators of RA No. 9646 and its IRR.

8. The real estate service practitioners are (Key: RE BACAS):

1. Real Estate Broker (REB)
2. Real Estate Appraiser (REA)
3. Real Estate Consultants (REC)
4. Real Estates Assessor (REAs)
5. Real Estate Salesperson (RES)

9. REAL ESTATE CONSULTANT (REC) – duly registered and licensed natural person who for a
professional fee, compensation or other valuable consideration offers of renders professional advice
and judgment on:
1. acquisition, preservation, utilization, enhancement or disposition (apuedi) of lands or its
improvements and
RESA (RA#9646 AND ITS IMPLEMENTING RULES AND REGULATIONS AND PRC RULES

2. conception, planning, management and development (co-plan-man-dev) of real estate

projects

10. REAL ESTATE APPRAISER (REA) – duly registered and licensed natural person who for a
Professional fee, comprehension or other valuable consideration performs of renders of offer to
perform services on
1. estimating and arriving an opinion of real estate values or
2. Sets as an expert in arriving opinion of values of real state which shall be finally rendered by
the preparation of an acceptable written form.

11. REAL ESTATE ASSESSOR (REAs) – duly registered and licensed natural person who –
1. Works in the local government unit (LGU) and
2. Performs appraisal and assessment of real properties including plants, equipment, and
machineries, essentially for taxation purposes.

12. REAL ESTATE BROKER (REB) – duly registered and licensed natural person who for a
professional fee, commission, compensation or other valuable consideration
1. Acts as an agent of a party in a real estate transaction (SPLEMJO)
2. List, advertise, mediate, promote, solicit, offer, negotiate or effects the meeting of the minds
(LAMPSONE) on sale, purchase, lease, exchange, mortgage or joint venture or other similar
transactions (SPLEMJO) on real estate or any interest therein.

13. REAL ESTATE SALESPERSON (RES) – duly accredited natural persons who-
1. Performs service for and in behalf of a Real Estate Broker – who is registered and licensed by
the Professional Regulation Commission (PRC)
2. With expectation of a share in the commission, professional fee, compensation or other
valuable consideration.

14. Registered and licensed Real Estate Professionals at the PRC under RA#9646:
1. Real Estate Consultant (REC)
2. Real Estate Appraiser (REA)
3. Real Estate Broker (REB).

15. Every applicant seeking to be registered and licensed real estate service practitioner shall
undergo an examination to be given by the PRBRES.

16. The licensed Real Estate Broker and the accredited Real Estate Salesperson who sells housing
subdivision, memorial parks, farm lots, condominium projects and other subdivision development
projects should first be registered with Housing and Land Use Regulatory Board (HLURB) in
compliance with section 14 of PD#957 IRR and Section 21 of BP#220 IRR prior to its engagement in
selling subdivision or condominium projects as well as Real Estate Dealer which includes the
developers and owners of subdivision or condominium projects.

17. Acts constituting the practice or Real Estate Service in the Philippines
1. FOR REAL ESTATE BROKERAGE – any of the following acts or service when perform by any
person who is acting in behalf of another person or a client of in behalf of a Real Estate Broker
with an expectation of a professional fee, commission, compensation or any valuable
consideration: (Key: LAPMSONE)
RESA (RA#9646 AND ITS IMPLEMENTING RULES AND REGULATIONS AND PRC RULES

• Listing
• Advertising
• Mediating
• Promoting
• Soliciting
• Offering
• Negotiating
• Effecting the meeting of the minds of the parties in real estate transactions-SPLEMJO
(Sale, Purchase, Lease, Exchange, Mortgage, Joint venture and Other similar transactions)
on real estate or any interest therein
2. FOR REAL ESTATE APPRAISAL OR VALUATION – any of the following acts or services when
perform by any person with an expectation of a professional fee, compensation or other
valuable consideration:
• Estimate real estate value or
• Render opinion on real estate values or
• Acts as expert on values of real estate
It also refers to the performance of appraisal and assessment of real properties, including plants,
equipment and machineries essentially for taxation purposes made by an Assessor or Assistant
Assessor or its authorized representative who should be a licensed Real Estate Appraiser.
3. FOR REAL ESTATE CONSULTANCY – any of the following acts or services when perform by
any person with an expectation of a professional fee, compensation or other valuable
consideration who offers or renders professional advice and judgment on:
• Acquisition, preservation, utilization, enhancement or disposition (apuedi) of land
or improvements thereon or
• Conception, planning, management and development (co-plan-man-dev) of real
estate projects.

18. PERSONS AND TRANSACTIONS EXEMPTED FROM SECURING A LICENSE AS RE BROKER

FROM PRC (KEY: TRAOPAC)
1. Any Trustee Receiver or Assignee in Bankruptcy or insolvency proceedings
2. Property Owners who –
i. Directly performs by himself/herself of its own any of the real estate brokerage services
ii. With regards to his/her or its own property
iii. Except real estate developers who are being
• Regulated and registered with HLURB pursuant to PD#957, BP#220, its IRR and
other resolutions/regulations
3. Public Officers relative to –
i. Their official duties and functions
ii. Except government assessors and appraisers
4. Any person constituted as Attorney-in-fact.
i. For purpose of sales, purchase, lease, exchange, mortgage, joint venture and other similar
contracts of real estate (SPLEMJO)
ii. Without receiving any form of compensation or remuneration
5. Any person acting pursuant to Court order.
RESA (RA#9646 AND ITS IMPLEMENTING RULES AND REGULATIONS AND PRC RULES

19. Composition of PRBRES who shall be appointed by the President of the Philippines, namely: (a)
Chairperson and (2) Four members. Two of the members shall represent the government
assessors and appraisers who are in active government service.

20. SELECTION AND APPOINTMENT OF PRBRES:

• 1st step: Nominated by the AIPO-PhilRES with five (5) nominees per position
• 2nd step: Selected and recommended by PRC with three (3) recommenders per
position from the nominees of the AIPO-PhilRES
• 3rd step: Appointed by the President of the Philippines from the list of
recommenders of the PRC

21. QUALIFICATIONS OF THE CHAIRMAN AND MEMBERS OF THE PRBRES.

1. Citizen and resident of the Philippines
2. Holder of a bachelor’s degree related to real estate or the degree of Bachelor of Science of
Real Estate Management (BSREM) once it will be considered as a mandatory requirement in
taking the license examination
3. An active licensed real estate service practitioner for at least ten (10) years prior to his/her
appointment
4. A bonafide member in good standing (MIGS)of the AIPO-PhilRES but not an officer or trustee
at the time of his/her appointment
5. Neither a member of the faculty of an institute, school, college or university, nor having any
pecuniary interest whether direct or indirect, in any institution or association where review
classes or lectures in preparation for the licensure examination are being offered or
conducted and
Of good moral character and must not have been convicted by final judgment of a competent
court of a criminal offense involving moral turpitude

22. TERM OF OFFICE OF THE PRBRES.

1. Chairperson and the members- three (3) years from the date of their appointment and until
their successors/swill be appointed
2. The members of the first Board-PRBRES has as follows:
• Chairperson – three (3) years
• Two (2) members – two (2) years and
• Two (2) members – one (1) year
23. The Chairperson and the Members of the PRBRES may be reappointed for a second term however,
it shall not serve continuously for more than six (6) year.

24. If any member of the PRBRES resigns or removed from the position, the vacancy shall be filled-
up by the appointment of the President of the Republic of the Philippines for the unexpired portion
of the team of the member who vacated the position.

25. The first Board-PRBRES shall be atomically registered and issued Certificates of Registration and
Professional Identification Cards based of their availment of the Grandfather Clauses (Registration
without Examination) pertaining to their respective license granted by the (Department of Trade and
Industry (DTI) per MO#39 Series of 1985 except those appointed from government Appraisers and
Assessors and also they shall take the proper prior to the assumption of duty.

26. POWERS AND FUNCTIONS OF THE PRBRES.

RESA (RA#9646 AND ITS IMPLEMENTING RULES AND REGULATIONS AND PRC RULES

1. Provide comprehensive policy guidelines for the promotion and development of the real
estate industry pertaining to the regulation of the practice of the real estate service
profession
2. Conduct licensure examination for the practice of the real estate service profession and
prescribe the appropriate syllabi or the Table of Specifications on the subjects for the
examination
3. Issue, suspend, revoke or reinstate certificates of registration or professional; identification
cards for the practice of real estate service professional after due notice and hearing or due
process
4. Maintain a comprehensive and updated register of licensed real estate service professionals
5. Monitor the conditions affecting the real estate service practice and adopt measures for the
enhancement of the profession and/or the maintenance of high professional, ethical and
technical standards
6. Adopt a National code of Ethics and Responsibilities issued by the AIPO-PhilRES for strict
observance of all licensed real estate service practitioners
7. Hear or investigate any violations committed by the license real estate service practitioners
regarding the provisions of RA#9646, its IRR and the code of Ethics and Responsibilities and
issue subpoena duces tecum to secure the appearance of witnesses and the production of
documents in connection in violation
8. Safeguard and protect legitimate and licensed real estate service practitioners in
coordination with the AIPO-PhilRES, monitor all forms of advertisement, announcements,
signboards, billboards, pamphlets, brochures and others of similar nature concerning real
estate and when necessary exercise its quasi-judicial and administrative powers to finally
and completely eradicate the pernicious of unauthorized or unlicensed individuals
9. Prescribe the essential requirements as to the BS Real Estate Management (BS REM) curricula
and the facilities of schools, colleges or universities seeking permission to open or already
offering the BS REM in cooperation with the Commission on Higher Education (CHED) or the
concerned state university or college and to see to it that these requirement including the
employment of qualified faculty members are properly complied
10. Promulgate, administer and enforce rules and regulations necessary in carrying out the
provisions of the Real Estate Service Act(RESA)
11. Supervise and regulate the registration, licensure and practice of real estate service in the
Philippines
12. Assess and fix the rate reasonable regulatory fees
13. Administer oaths and affirmations
14. Adopt an official seal (PRBRES seal) with the Interpretation of its symbols
15. Evaluate periodically the status of real estate service education and profession and
recommend and/or adopt measures to upgrade and maintain its high standard
16. Prescribe guidelines and criteria for the Continuing Professional Education (CPE) program
for real estate service practitioners in consultation with the AIPO-PhilREs
17. Screen, issue and monitor permits to organizations of real estate professionals in the conduct
of seminars and accredit the said seminars pursuant to the CPE program, as well as the
instructors or lectures therein for the purpose of upgrading the quality and knowledge of the
profession
18. Monitor and supervise the activities of the AIPO and other associations of real estate service
practitioners and
19. Discharge such other powers, duties and functions as the Professional Regulation
Commission (PRC) may deem necessary to carry out the RESA provisions.
RESA (RA#9646 AND ITS IMPLEMENTING RULES AND REGULATIONS AND PRC RULES

27. PRBRES shall be under the general supervision and administrative control of PRC. The
Chairperson or any Member of the PRBRES may be suspended or removed by the President of the
Philippines upon the recommendation of PRC after due notice and hearing (due process) in a proper
administrative investigation conducted by PRC.

28. Grounds for Suspension or Removal of PRBRES Chairman or any of its Member (Key:INA-
CoOP-ICU )
1. Incompetence
2. Neglect of duty
3. Abuse of power
4. Final judgment or Conviction of any criminal offense involving moral turpitude
5. Oppression
6. Immoral or dishonorable conduct
7. Commission or tolerance of irregularities in the conduct of examination or tampering of the
grades or
8. Unprofessional or unethical conduct.

29. Any offence or crime committed by the PRBRES Chairman or Members other than the grounds of
suspension/removal may not be the basis of their removal or suspension like: conviction of the crime
involving reckless imprudence resulting to slight physical injuries, traffic violations.

30. The PRBRES, in coordination with the AIPO-PhilRES shall prepare, update and maintain a roster
of licensed RESPs which shall be made available to the public upon request and shall contain the
following information:
1. Names of all registered real estate service practitioners (RESPs)
2. Their respective residence and office addresses
3. License numbers
4. Dates of registration or issuance of certificate and
5. Other data which the PRBRES may deem pertinent.

31. The License Examination for REB, REA and REC shall be conducted at least once a year in
designated places and dates as approved by the PRC as started in the Master Schedule of Board
Licensure Examination for Professional.

32. COVERAGE/SCOPE OF THE REAL ESTATE APPRAISER’S EXAMINATION.

a. FUNDAMENTAL OR REAL ESTATE APPRAISAL/VALUATION
1. Fundamentals of Real Estate Principles and Practice
2. Standards and Ethics
• Philippine Valuation Standard
• National Code of Ethics and Responsibilities
3. Theories and Principles in Appraisal
4. Human and Physical Geography
5. Real Estate Finance and Economics
6. Land Management System and Real Property Laws
• PD#957, BP#220, RA#7279
• Condominium Act (RA#4726) and Maceda law (RA#6552)
• Family Code
RESA (RA#9646 AND ITS IMPLEMENTING RULES AND REGULATIONS AND PRC RULES

• RA#9646 and its IRR

• Agri Law and CARPER
• REIT Act (RA#9869)and its IRR
• Other Laws Affecting Real Estate

b. PROFESSIONAL APPRAISAL PRACTICE

1. Methodology of Appraisal Approaches
2. Valuation Procedures and Research
3. Practical Appraisal Mathematics (Statistics and Basic Mathematics)
4. Appraisal Report Writing
5. Appraisal of Machinery and Equipment
6. Case Studies: Specialized Valuation
7. Government Assessment Principles and Taxation
• RA#7160
• Manual on Real Property Appraisal and Assessment Operations (RPAO)
• Guide Book on Mass Appraisals
8. Geographical Information Systems (GIS) and Map Reading/Plotting
9. Current Events.

33. The examinee must obtain an average rating of at least seventy-five percent (75%) in all subjects,
with no rating below fifty percent (50%) in any of the subject in order to successfully pass the
examination. Rating results will be released by the PRBRES within ten (10) days from the last day of
the examination which shall be published in a newspaper of general circulation and of PRC website.

34. QUALIFICATIONS OF THE EXAMINEES BEFORE ADMISSION TO THE LICENSURE

EXAMINATION.
1. Citizen of the Philippine or a Filipino
2. Holder of a relevant bachelor’s degree from a state university or college, or other educational
institution duly recognized by the CHED However, as soon as the BS Real Estate Management
(BS REM) is implemented by CHED, the said course shall be requirement for taking the license
examination.
3. Has completed at least one hundred twenty (120) credit units of real estate subjects and
training from accredited service providers whose Lecturers-Reviewers are also accredited by
PRCin accordance with PRC-PRBRES Resolution No. 11 Series 2012 dated May 25, 2012 as
published in Manila Standards Today last May 28,2012
4. Good moral character and must not have been convicted of any crime involving moral
turpitude
5. For Real Estate Consultant’s licensure examination, must have at least:
i. Ten (10) years’ experience as licensed Real Estate Broker or as Assessor or as a
bank/institutional Appraiser or as employee performing real property valuation or
ii. Five (5) years/ experience as licensed Real Estate Appraiser

35. You are holder of a bachelor’s degree BS Accountancy and you want to practice real estate
brokerage, you should-
1. Attend a seminar-review for 120 Credit Units which shall be taken from the PRC Accredited
Service Provider with PRC accredited Lecturers-Reviewers as required under PRC-PRBRES
Resolution No. 11, Series 2012
2. Apply, take and passed the licensure examination
RESA (RA#9646 AND ITS IMPLEMENTING RULES AND REGULATIONS AND PRC RULES

3. Take the Oaths as real estate professionals

4. Secure a PRC license as Real Estate Broker
5. Be member of the AIPO-PhilREs.

36. In order to be admitted to the Real Estate Broker’s licensure examination, the candidate shall
satisfy the qualifications at the time of filing his/her application.
37. The Certificate of Registration (COR) and the Professional Identification Card (Prof. ID) will be
issued to the successful examinees for Real Estate Broker’s examination upon payment of the
prescribed fees.
38. Grounds for refusal to register a successful examinee (Key: CIPs).
1. Conviction of any criminal offense involving moral turpitude by a court of competent jurisdiction
or
2. Found guilty of Immoral or dishonorable conduct after investigation by the PRBRES in compliance
with due process or
3. Found to be Psychological unfit.
39. The certificate of registration (COR) shall remain in full force and valid until revoked or
suspended with the following data:
1. Licensee’s name
2. Benefits and privileges as Real Estate Service Profession
3. Signature of PRC Chairperson
4. Signature of PRBRES Chairperson and Members and
5. Stamped with the PRC Official seal.

40. The Professional Identification Card (Prof. ID) shall be valid for three (3) years up to the
Licensee’s ______ and shall be renewable after three (3) years upon ___of the renewal requirement like
OPEs, Certificate of Membership in Good standing (CMIGs), renewal of _____, etc. The Prof ID will have
the following information:
1. Licensee’s name
2. Profession
3. Registration or license number
4. Date of issuance and expiry date and
5. Signature of the PRC Chairperson

41. Grounds for revocation or suspension or cancelation the Certificate of Registration (COR) and /or
the Professional Identification (Prof ID) or the Special/Temporary Permit (SP) (Key: Un-FAME-VIo)
1. Unprofessional or unethical conduct
2. Fraudulent or deceitful procurement of COR, Prof. ID or SP
3. Allowing an unqualified person to advertise or to practice the real estate profession by using
his/her COR, Prof ID or SP
4. Malpractice
5. Engaging into real estate service practice during suspension period and
6. Violating any provisions of RESA, its IRR and the Code of Ethics and Responsibilities.

42. Prior to the effectivity of RA #9646 (RESA), Commonwealth Act (CA) No. 2728 as amended by
Commonwealth Acts #3715 and 3969 as implemented by DTI Ministry Order No. 39, Series of 1985
governs the real estate brokerage business and practices in the Philippines.
RESA (RA#9646 AND ITS IMPLEMENTING RULES AND REGULATIONS AND PRC RULES

43. Licensed Real Estate Brokers and accredited Real Estate Salespersons are also required to
register with HLURB in compliance with Section 14 of PD#957 and Section 21 of BP#220 IRRs if they
are engaging into the practice of selling subdivision lots or condominium units or subdivision
projects.

44. RA#9646 provides that no juridical person (either partnership, corporation, association or
cooperatives) shall engage in the business of real estate service unless it is duly registered with the
Securities and Exchange Commission (SEC) or at the Cooperative Development Authority (CDA) and
the persons authorized to act for and in behalf thereof are all duly registered and licensed Real Estate
Professionals either as Real
Estate Brokers, Real Estate Broker Appraisers or Real Estate Consultants.

45. RA#9646 (RESA) prohibits any person to practice or offer to practice real estate service in the
Philippines, unless he/she had complied the following requirements:
1. Possessor of valid Certificate of Registration (COR)
2. Possessor of valid Professional Identification Card (Prof. ID) or
3. Holder of valid Special/Temporary Permit issued by PRBRES and PRC and
4. If a Real Estate Broker or private Real Estate Appraiser, have paid the required professional
indemnity bond of P20,000
Further, it also prohibits any person to:
• Offer himself/herself as real state service practitioner or professional or
• Use title, word, letter, figure or any sign tending to convey the impression that he/she is
a real estate service practitioner or professional or
• Advertise or indicate in any manner that he/she is qualified to practice the real estate
profession or
• Be appointed as real property appraiser or assessor in any national government entity or
local government unit unless:
a. He/she has satisfactorily passed the license examination and
b. A holder of a valid GOR and Prof. ID or Special/Temporary permit.

46. All licensed Real Estate Broker and private Real Estate Appraisers shall be required to post a
professional indemnity insurance/cash or surety bond in an amount of at least P20,000 valid for
three (3) years and renewable every three (3) years upon the renewal of the Prof. ID without
prejudice to the additional requirement of the client.

47. The purpose of the bond is to protect the public and to guarantee for any damages suffered by
the client in the performance of the professional services of the licensed Real Estate Appraiser or the
licensed Real Estate Broker and the Real Estate Salespersons under him/her.

48. Juridical person engaging the service of any RESPs (either RE Brokers, Appraisers, Consultants)
are required to submit list of its employed real estate practitioners to PRC and Securities and
Exchange Commission (SEC) as part of its regular annual reportorial requirement.

49. Divisions or departments or units of any juridical person doing marketing or selling of any real
estate development projects (either housing, condominium, memorial park, farm lot subdivision or
the like) in the regular or ordinary course of its business should be headed by either a full- time or
part-time registered and licensed Real Estate Broker.
RESA (RA#9646 AND ITS IMPLEMENTING RULES AND REGULATIONS AND PRC RULES

50. Termination of the service or resignation of the RESPs should be reported by employer to the
PRBRES within fifteen (15) days from the date of its resignation or term.

51. The Real Estate Broker shall be guilty of violating the provisions of RA#9646 and the IRR for
employing or utilizing the services of a RES when the latter has not secured the required
accreditation from the PRBRES prior to such employment. Real Estate Broker is liable and can even
cause the revocation or suspension of his/her license prior to the latter’s accreditation unless the
REB:
1. Has no actual knowledge of the violation or
2. Has no retain or receive any benefits, profits or proceeds of the real estate transaction
wrongfully negotiated by the RES.

52. RA#9646 or the RESA took effect on July 30, 2009 which was fifteen (15) days after it full
and complete publication at the Philippine Daily Inquirer (PDI) last July 15, 2009.

53. The implementing rules and regulations (IRR) of RA#9646 became effective on August 9, 2010
after fifteen (15) days of its full and complete publication at Philippine Star and PDI last July 24, 2010.
54. Real Estate Professionals are required to indicate the license number (accreditation number in
case of Salesperson), Prof. ID number, PTR number, PhilRES membership and/or receipt number and
the date of issuance in connection with the practice of real estate profession including the writing of
such information in the letterhead, dry seal, signboards, advertisements and other public
announcements made by real estate service practitioners.

55. The original and/or certified true copy of the COR, Prof. ID including those employed real estate
professionals shall be visibly displayed in the principal office and/or in the branch offices of the RESP.

56. Every registered and licensed Real Estate Professionals are required to establish and maintain a
principal office and other branch offices as maybe necessary. The branch of the Real Estate
Professionals should be manned by licensed real estate practitioner at least by a licensed Real Estate
Broker if brokerage office or by licensed Real Estate Appraiser if appraisal office or by licensed Real
Estate Consultant if realty consultancy office.

57. Government positions requiring the service of registered and licensed Real Estate Appraisers
shall have the following effects after the effectivity of RA#9646:
1. All incumbent Assessors and government Appraisers holding permanent appointments who
are not registered and licensed real estate appraiser cannot be promoted to a higher
position
2. They shall continue to perform their respective functions without being re-appointed and
demoted of his/her status, rank and salary grade
3. Shall enjoy the security of tenure in the government service and
4. The appointing authority shall exercise the power to appoint the licensed Real Estate
Appraisers in accordance with RA#9646 and its IRR only when the vacancy of the position
occurs.

58. RA#9646 provides that until July 30, 2012 (within 3 years from the effectivity of RA#9646) all
existing and new positions in the national and local governments requiring the service of any real
estate service practitioner (either Real Estate Broker, Real Estate Appraiser, Real Estate Consultant)
RESA (RA#9646 AND ITS IMPLEMENTING RULES AND REGULATIONS AND PRC RULES

whether career, permanent, temporary or contractual shall only be filled-up by registered and
licensed Real Estate Service Professionals (RESPs).

59. No foreigner shall be allowed to practice real estate service in the Philippines unless he/she is
issued with Special or Temporary permit to engage the same.

60. The principle of reciprocity provides that no foreigner real estate practitioner shall be:
1. Admitted to the licensure examination
2. Given a certificate of registration of professional identification card
3. Issued a Special/Temporary Permit or
4. Entitled to any of the Privileges under RA No. 9646 and its IRR Unless the country which the
foreigner RESP is a citizen allows a Filipino RESP to practice within its territorial limits on
the same basis and privileges as the citizens of such foreign country.

61. Instances when a Special/Temporary Permit may be issued to a foreigner RESPs

1. The services of foreigner RESPs are urgently needed
2. In the absence or unavailability of the local RESP
3. The purpose of issuance is to promote or enhance the practice of the real estate profession in
the Philippines
4. Upon application
5. Payment of the required of fees and
6. Approval of the PRC.

62. No foreigner shall be given a Special or Temporary permit to engage the real estate profession in
the Philippine under the RESA and its IRR unless there is a foreign reciprocity agreement or a treaty
between the Philippines and the foreign country where such foreigner is a citizen.

63. The following are required to take an oath before any member of the PRBRES or any PRC Officer
duly authorized by the PRC thru the PRC Chairperson of his/her authorized representative to
administer oaths prior to the engagement or entering of the real estate service practice in the
Philippines.
1. All successful examinees for Brokers, Appraisers and Consultants licensure examinations
qualified for registration
2. All qualified applicants for registration without examination or under the Grand Father
Clause and
3. Accredited Real Estate Salespersons.

64. The PRBRES may or can initiate and supervise the holding of the mass Oathtaking in coordination
with PhilRES the accredited and integrated professional organization (AIPO).

65. The following shall be registered without taking the licensure examination under Section 20 of
RA#9646 (or under the Grand Father clause) upon application and payment of the required fees:
A. DTI licensed Real Estate Brokers, Real Estate Appraisers or Real Estate Consultants
on July 30, 2009 by virtue of Ministry Order No. 39, Series of 1985 as amended:
1. In active practice as real estate brokers, real estate appraisers and real estate consultants
2. Have taken or earned relevant Continuing Professional Education (CPE) or Continuing
Education Program (CEP)as follows:
a. Holder of a valid DTI license- fifteen (15) CPE/CEP credit units/hours
RESA (RA#9646 AND ITS IMPLEMENTING RULES AND REGULATIONS AND PRC RULES

b. Failed to renew the DTI license prior to July 30, 2009 –twenty-four (24) CEP/CPE
credit units/hours from accredited service providers per M.O. 39 or from CPE Council
Accredited Provider from 2007 to July 30, 2011
c. passed the following DTI licensure examination DTI but failed to obtain their license
on July 30, 2009:
• in 2009 & 2008 –fifteen (15) CEP/CPE credit units/hours
• in 2007 – eighteen (18) CEP/CPE credit units/hours
• in 2006 and prior years – one hundred twenty (120) CEP/CPE credit units/hours

B. Assessors and appraisers on July 30, 2009:

1. Holds a permanent appointment
2. Performing actual appraisal and assessment functions for the last five (5) years
3. 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
4. Completed twenty-four (24) CPE credit units/hours

C. Assessors and appraisers on July 30, 2009:

1. Holds a permanent appointment
2. Have at least ten (10) years actual experience in real property appraisal or assessment
3. 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 duly certified by the Department of Finance (DOF) or any other pertinent
national government agencies or Government Owned and Controlled Corporation (GOCC)
recognized by the PRBRES and
4. Completed twenty-four (24) CPE credit units/hours.

66. The Grand Father Clause under Section 20 of RA#9646 can only availed until July 30, 2011
which is within two (2) years from the effectively thereof. Those who failed to avail the Grand Father
clause shall be required to take the licensure examination to be able to practice the real estate service
profession.

67. The suspension or revocation of the Certificate of Registration (COR) and Professional
Identification Card (Prof. ID) or the cancellation of the Special/Temporary Permit of the professional
respondent in the administrative investigation shall not prejudice or pre-empt the prosecution for
criminal liabilities and the imposition of penalties under RA No. 8981, RA No. 9646 and the Revised
Penal Code (RPC) or any other special law being violated as a consequence of the professional act.

68. The revoked COR and suspended Prof. ID can only be reinstated and re-issued after the lapse of
a minimum period of two (2) years from the date of the revocation and suspension.

69. The reinstatement and the re-issuance of the COR and the Professional ID is not automatic. It can
be made upon application and compliance with the required CPE/D units and for reasons deemed
proper and sufficient based on the sound judgment the PRBRES who at its discretion may exempt the
application from taking another examination. The approval for the reinstatement to practice the real
estate profession shall be covered by a resolution granting the petition for reinstatement to the
practice of real estate service profession be issued by the PRBRES subject to PRC approval.
RESA (RA#9646 AND ITS IMPLEMENTING RULES AND REGULATIONS AND PRC RULES

70. The PRBRES may issue a new COR, prof. ID or special/temporary permit to replace lost,
destroyed or mutilated ones subject to PRBRES and PRC approved rules and upon payment of the
required fees.

71. Accredited and Integrated Professional Organization (AIPO) – is the national integrated
organization of natural persons who are duly registered and licensed Real Estate Service
Practitioners. The Philippine institute of Real Estate Service Practitioners (PhilRES) was recognized,
accredited and approved by the Professional Regulation Commission (PRC) as the only AIPO
pursuant to Section 34 of Article IV of RA No. 9646 and of PRC Resolution No. 2004-178 or: Guidelines
for the Accreditation of the AIPO as recommended by the Professional Regulatory Board of Real
Service (PRBRES).

72. Membership in PhilRES as the AIPO is mandatory. All real estate service practitioners who are
duly registered and licensed with the PRC shall be automatically become a member of PhilRES-the
AIPO of real estate service practitioners and the membership thereof shall be entitled to the benefits
and privileges provided by the association. The membership of PhilRES as the AIPO shall not prohibit
the membership of any other
associations of real estate service practitioners.

73. PhilRES was registered with the Securities and Exchange Commission (SEC) as non-stock, non-
profit professional organization with SEC Registration No. CN 201007483 dated May 19, 2010.
Its article of incorporation as amended as well as its new by-laws was registered and approved by
SEC last August 3, 2011upon the recommendation of PRC-PRBRES last July 15. 2011.

74. PhilRES accreditation as the AIPO shall be valid only for three (3) years and renewable every
three (3) years after the date of the granting for the petition and the issuance of the Certificate of
Accreditation.

75. Interim Accredited Professional Organization (IAPO) – the professional organization

accredited by PRC only to operate and perform activities or acts prior to and until the recognition or
birth of PhilRES – the AIPO.

76. The PRBRES after giving proper notice and hearing to the concerned party may revoke the
certificate of registration and the professional identification card or cancel the special/temporary
permit of a real estate professional or suspend him/her from the practice of the profession based on
the violations committed and on the grounds for revocation and/or suspension.

77. The rules on administrative investigation issued by PRC shall govern the hearing or
investigation of the administrative case, subject to the applicable provisions of RA No. 8981, RA No.
9646 and the Rules of Court. In case of any violation of RA#9646 and its IRR the minimum penalties
if committed by licensed real estate practitioners (RESPs) shall be:
1. Fine of at least P100,000 or
2. Imprisonment of at least two (2) years or
3. Both(fine and imprisonment) at the discretion of the court.

78. If the violation of RA#9646 and its IRR was committed by unlicensed individual or juridical
person, the minimum penalties shall be:
1. Fine of at least P200,000 or
RESA (RA#9646 AND ITS IMPLEMENTING RULES AND REGULATIONS AND PRC RULES

2. Both (fine and imprisonment) at the discretion of the court

79. If the violation was committed by unlicensed individuals representing a juridical person either
partnership, corporation, association, cooperatives or by any juridical persons, the following shall be
held directly liable and responsible for the acts as principal or as a co-principal with the other
participants:
1. Partner
2. President
3. Director or
4. Manager who has
• Committed or
• Consisted or
• Knowingly tolerated the violation
80. THE SYMBOLS IN THE PRBRES OFFICIAL SEAL ARE INTERPRETED AS FOLLOWS:

1. LAND – represents real estate

2. STRUCTURES – represents improvements on the land like residential, industrial,
commercial and institutional buildings.
3. TREES AND THE FRUITS – represents agricultural produce
4. GREEN LINES – represents the real estate service practitioners (Real Estate Consultants,
Real Estate Appraisers, Real Estate Assessors and Real Estate Brokers and Salespersons)
5. RED, WHITE, BLUE AND YELLOW – represents the color of the Philippine flag
6. BLUE – color of service
7. GREEN – represents environment and ecology
8. SUN AND RAYS – life and light
9. RISING SUN – represents the vital role of the real estate service practitioners in the social,
political, economic development and progress of the Philippines
10. GOLD – represents ethical standards and prosperity
11. MAP OF THE PHILIPPINES – represents the Philippine archipelago.

81. Continuing Professional Education Development (CPE/D) –refers to the inculcation,

absorption and achievement of knowledge, skills, expertise/proficiency and ethical and decent
values that elevates and improve the professional’s technical skill and competence after the initial
registration as a professional.

82. RA#9646 mandates the creation of a CPE/D Council which shall comprise of:
1. A Chairperson coming from PRBRES and
2. Two (2) members are from PhilRES-AIPO and the academe
i. The 1st member shall be the President or any Officer to be chosen by the Board of
Directors of PhilRES-AIPO and
ii. The 2nd member shall be the President or any Officer of the organization of deans or
department heads of schools, colleges, universities offering the course of BS Real
Estate Management that requires the licensure examination
All members of the CPE/D Council shall be appointed by the PRC and shall take their oath of office
before any or all PRC Commissioners.

83. POWER AND FUNCTIONS OF THE CPE/D COUNCIL IN ASSISTING THE PRBRES IN
IMPLEMENTING THE CPE/D PROGRAMS/COURSES:
RESA (RA#9646 AND ITS IMPLEMENTING RULES AND REGULATIONS AND PRC RULES

1. Accept, evaluate and approve applications for accreditation of CPE/D providers and
programs/courses, activities or sources as to their relevance to the profession
2. Accept, evaluate and approve applications for exemptions from the CPE/D requirements
3. Determine the number of CPE/D credit units to be earned on the basis of the contents of
the program/course, activity or source as submitted by the CPE/D providers
4. Monitor periodically the implementation of activities
5. Assess periodically and upgrade the criteria for accreditation of CPE/D providers and CPE
programs/courses, activities or sources and
6. Perform such other functions incidental to the implementation of the CPE/D programs or
policies

84. PURPOSES OF THE CPE/D PROGRAMS/COURSE

1. To provide and ensure the continuous education of all registered and licensed RESPs on the
most recent trends of the profession brought about by modernization, scientific and
technological advancements
2. To raise and maintain the professional’s capability for delivering professional services
3. To attain and maintain the highest standards and quality in real estate practice
4. To comply with the real estate service professional continuing ethical standard requirements
5. To make the real estate services professional globally competitive and
6. To promote the general welfare of the public.

85. CPE/D PROGRAM/ACTIVITY – refers to the system or arrangement of CPE/D which shall
enhance the competence of the real estate professionals by upgrading and updating their knowledge
and skills for the profession brought about by modernization, scientific and technical advancements
in the profession.

86. Request for the CPE/D program accreditation shall be filed to the CPE/D Council at least thirty
(30) days prior to the conduct of the CPE/D program/activity.

87. The registered real estate service practitioner shall not earn any CPE/D units on
program/courses, activities and sources attended or participated without approval or accreditation
by the CPE/D Council.

88. The CPE/D requirements for the renewal of the Prof. ID shall be forty-five (45) credit units/hours
(previously 60) for three (3) years which shall be earned by the Real Estate Professionals at least
fifteen (previously 20) credit units/hours annually. Any excess credit units earned shall not be
carried over to the next three-year period except credit units for doctoral and Masteral degrees or
for other special training.

89. The CPE/D Council is empowered to monitor periodically the implementation of the CPE/D
activities/programs which may be done either in coordination with the accredited CPE/D Provider
or on-the-spot monitoring.

90. SELF-ACCREDITATION CPE/D PROGRAM/ACTIVITY- is a process by which the real estate

professionals request recognition for appropriate credit units of the CPE/D program/activity which
she/he attended like: seminars or conventions, conferences, academic preparation, self-directed
RESA (RA#9646 AND ITS IMPLEMENTING RULES AND REGULATIONS AND PRC RULES

learning package, authorship, post-graduate training, study/observation tour but the accreditation
was not applied by the sponsoring organization from the CPE/D Council.

91. The purpose of monitoring the CPE/D activities is to determine whether the accredited CPE/D
activity/program adheres to what has been approved by the CPE/D Council such as schedule,
coverage, speakers, manner on the conduct of the seminar, conduciveness of the venue as to learning,
credit units’ assessment of the participants, attendance per topic/subject, etc.

92. The PRBRES CPE/D Council and its deputized accredited CPE/D Monitor will conduct the
monitoring of the CPE/D activities/programs. The accredited CPE/D monitors – are real estate
professionals who are trained and accredited to participate in the evaluation of the CPE/D activities.
Their training should also be accredited by the PRBRES CPE/D Council. The PRC CPR/D Council in
the conduct of monitoring.

93. DEFINITION OF TERMINOLOGIES:

1. AUTHORSHIP – the ownership of intellectual property of books, instructional materials,
reference materials, technical or professional books and the like.
2. CONVENTIONS – are gathering of registered and licensed RESPs like: conferences,
symposia or assemblies for round table discussions.
3. DOCTORAL DEGREE – a post-graduate degree from a recognized school, college or
university.
4. FELLOWSHIP – the completion of a post-doctoral training program in a specific field pre-
approved by a duly recognized institution, scientific faculty meeting and the like.
5. MASTERAL DEGREE – a graduate degree from a recognized school, college or university.
6. POST-GRADUATE/IN SERVICE TRAINING – a training or specification at the post-
graduate level from a minimum period of one (1) week.
7. PEER REVIEWER – a professional who acts as an evaluator of a research paper,
conference paper or journal article or books, or work of an expert before it is presented
or published or submitted.
8. RESOURCE SPEAKER – refers to the professional who acts as a discussion leader or
lecturer in a convention, seminar or similar gathering.
9. REGISTERED PROFESSIONAL (RP) – a professional (natural person) who possesses a
valid registration certificate but is without a current and valid PRC identification card
which represents the renewable license to practice a profession.
10. REGISTERED AND LICENSED PROFESSIONAL (RLP) – a professional (natural person)
who possesses both a valid registration certificate and a current and valid PRC
identification card, which represents the renewable license to practice a profession.
Under the RA#9646 and its implementing rules, a real estate professional is required to
take a CPE/D programs/courses prior to the renewal of the professional identification
card.
11. SELF-DIRECTED LEARNING PACKAGE – a learning which uses course manuals or
accredited learning modules.
12. SEMINARS – the gathering of registered and licensed real estate professionals which shall
include workshops, technical lectures or subject matter meetings, non-degree training
courses and scientific meetings.

94. The accredited learning modules includes self-instructional materials or programs which may be
in the form of printed manuals, audio and video cassette tapes, films, computer-assisted learning
RESA (RA#9646 AND ITS IMPLEMENTING RULES AND REGULATIONS AND PRC RULES

(CAL), study kits, learning aids and modules or the use of the information highway. It includes clearly
defined objectives, adequate content and an evaluation component for each module.

95. The accreditation of CPE/D Provider is valid for the three (3) years from the approval of its
accreditation.

96. Criteria for the accreditation of CPE/D program/activity

1. The scope should be beyond the basic preparation for admission to the practice of the
real estate profession.
2. The content should be relevant but not limited to the practice of the real estate profession.
3. The activities should enhance the competence of the registered and licensed real estate
professional by upgrading and updating his/her knowledge and modernization and
scientific and technical advancements in the profession.

97. Matrix for CPE/D Program/activities

Activities Credit Unit(s) Supporting Documents

1. Seminars/Convention

1. 1 Participant 1 CU per Hour Certificate of Attendance with

number of hours,
Seminars/conventions
program & Certified
List of Participants

1.2 Resource Speakers 5 CU per Hour Photocopy of Plaque,

Certification & copy of
program and invitation

1.3 Panelist /Reactor 3 CU per Hour Certification from sponsoring

organization &
copy of the program

1.4 Facilitator/Moderator 2 CU per Hour -do-

Activities Credit Unit(s) Supporting Documents

2. Post-Graduate Studies

2.1 Master’s Degree 1 CU per Academic unit plus 30 University Certification or

CU upon completion of the Diploma & Transcript of
degree Records
RESA (RA#9646 AND ITS IMPLEMENTING RULES AND REGULATIONS AND PRC RULES

2.2 Doctoral Degree 2 CU per Academic unit plus 45 -do-

CU upon completion of the
degree

3. Self-Directed Learning Package

3.1 Distance Learning 10 CU per Complete set Copy of duly-accomplished

Module of Module module and evaluation

3.2 Technical paper of 1 CU per professional or Copy of duly-accomplished

professional journal article technical article article and evaluation

4. Authorship

4.1 Research/Innovate Programs Maximum of 20 CUs Duly certified or published

or (Referred); technical report/paper
creative projects Maximum of 15 CUs
(Unreferred)

4.2 Book or monograph Maximum of 40 CUs Published Book with Proof of

copyright;
Certification by co-authors, if
any

4.3 Editor 1⁄2 of the CUs of the Published Book with Proof of
Authorship category Editorship

4.4 Article Maximum of 10 CUs Proof of Publication of the

Article

4.5 Professional Journal 5 CUs per issue Copy of the published journal
Editor

4.6 Peer Reviewer 2 CUs per article Duly certified copy of

published book or article

Activities Credit Unit(s) Supporting Documents

5. Inventions 10-30 CUs per invention Certified copy of Patent

Certificate
RESA (RA#9646 AND ITS IMPLEMENTING RULES AND REGULATIONS AND PRC RULES

6. Post Graduate Training 0.25 CU per Hour (Maximum of Certificate of training and
40 CUs per training) Training and Training
Description

7. Study/Observation Tour 2 CUs per day (Maximum of 30 Certification from Sponsoring

CUs per Tour) Institutions

8.Professional Chair 10 CUs per Chair Certification of Grant or

Appointment Paper

9. Such other activities to be

recommended by the CPE
Council and approved by the
PRC

98. SANCTIONS FOR VIOLATING THE CEP/P COMPLIANCE RESOLUTION NO. 744, DATED
AUGUST 10, 2013
1. FOR ACCREDITED CPE/D PROVIDERS – their accreditation shall be withdrawn
2. FOR THE REAL ESTATE PROFESSIONALS – they are considered practicing the
professional without a valid professional’s license and shall be charged and be held liable
for illegal practice in accordance with RA#9646, its IRR, Code of Ethics and Responsibility
and shall be meted the penalties provided in the law.
3. For PRC Employee who causes, abets or help in the renewal of the prof. I.D card of a real
estate professionals without complying the mandatory CPE/D requirement – shall be
considered to have violated the PRC and/or Civil Service rules and regulations and shall
be proceeded against administratively and if found guilty shall be meted with the
penalties provided by the PRC and/or Civil Service law and its rules and regulations.