I.3 RA9646 REA, REB, REC - By Miguelle L.

Dela Fuente

Sitio Makiangayon, Davao City

RA 9646
SALIENT POINTS

Article 1: TITLE, DECLARATION OF POLICY & DEFINITION OF TERMS

Real Estate – Land + Anything Attached to It

Real Property – Real Estate + Bundle of Rights
Real Estate Developer – Engaged in Real Estate Development Project
Real Estate Development Project – Development of RICAS registered under ACT 496
Real Estate Consultant – Renders professional advice and judgment
Real Estate Appraiser – Renders an opinion of property values
Real Estate Assessor – Government appraisers for taxation purposes
Real Estate Broker – Procuring Cause – meeting of the minds between buyers &
sellers
Real Estate Sales Persons – Performs services for and in behalf of a real estate broker

Article 2: PROFESSIONAL REGULATORY BOARD OF REAL ESTATE SERVICE

(PRBRES)

PRC = Professional Regulation Commission

PRBRES = Professional Regulatory Board of Real Estate Service
1 Chairman
Appointed by the president
4 Members
3 recommended by the commission
5 nominees each position by APO
2 members shall represent government appraisers and assessor

POWERS AND FUNCTION OF THE BOARD (PRBRES)

1. Provide policy and guidelines

2. Conduct licensure exam and provide syllabus for exam
3. Issue, suspend, revoke, reinstate certificate of registration and personal identification
4. Maintain and update registered licensed real estate service practitioners
5. Maintain high professional, ethical and technical standards
6. Adopt a code of ethics and responsibilities
7. Hear and investigate any violation of RESA and IRR and the CODE of ethics and
issue subpoena
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 I.3 RA9646 REA, REB, REC - By Miguelle L. Dela Fuente

Sitio Makiangayon, Davao City

8. Safeguard and protect licensed practitioners and monitor advertisement

9. Prescribe with CHED for opening of curriculum
10. Enforce rules
11. Supervise registration of license and practice
12. Assess and fix regulatory fees
13. Administer oath and affirmation
14. Adopt an official seal
15. Evaluate and maintain high standard of RES education and profession
16. Prescribe guidelines for CPE with APO
17. Issue permits and screen RES org in conducting seminars and CPE
18. Monitor and supervise activities of APO
19. Offers necessary…

QUALIFICATIONS OF THE BOARD

1. A citizen of the Philippines

2. Holder of Bachelor’s Degree related to Real Estate
3. At least 10 years active licensed practitioner
4. A bona fide member in good standing of APO but not an officer or trustee
5. Not a faculty of any school or a reviewer
6. Good moral and no crime records with final judgment

TERMS OF OFFICE OF THE BOARD

Chairperson and members = 3 years from date of appointment

= renewable but up to 6 years only

BUT:
1st BOARD:
Chairperson = 3 years -shall be given automatically
2 members = 2 years -certificate of registration
2 members = 1 year -personal identification cards

REMOVAL OF BOARD

Suspended and removed by the president of the Philippines upon recommendation of

the commission on the following grounds:
 Neglect of duty
 Abuse of power
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 I.3 RA9646 REA, REB, REC - By Miguelle L. Dela Fuente

Sitio Makiangayon, Davao City

 Oppression
 Incompetence
 Unprofessional
 Unethical
 Immoral or dishonorable conduct
 Commission or toleration of irregularities in exams or tampering of grades
 Final judgment / conviction involving moral turpitude

Article 3: LICENSURE EXAMINATION AND REGISTRATION

For Real Estate Brokers Scope:

1. Fundamentals of Property ownership
2. Code of ethics and responsibilities
3. Legal requirements for Real Estate Service practitioners
4. Real Estate brokerage practice
5. Subdivision development
6. Condominium concept
7. Real Estate finance and economics
8. Basic principles of ecology
9. Urban and rural land use
10. Planning, development and zoning
11. Legal aspect of sale, mortgage and lease
12. Documentation and registration
13. Real property laws…etc.

QUALIFICATIONS FOR EXAMINATION AND LICENSING

1. A citizen of the Philippines

2. A holder of relevant Bachelor’s degree until the course of B.S. in RES or B.S. REM
is implemented
- completed at least 120 credit units of real estate subjects
3. Of good moral and no final conviction involving moral turpitude
4. CONSULTANT = at least 10 years as a licensed broker or assessor

-bank appraiser
-employed as real property valuator / appraiser
= at least 5 years licensed appraiser
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 I.3 RA9646 REA, REB, REC - By Miguelle L. Dela Fuente

Sitio Makiangayon, Davao City

Passing grade -75 % average in all subjects

-no rating below 50%

-released within 10 days from date of exam

Certificate of registration

-signed by chairperson of PRC

-signed by chairperson of PRBRES
-signed by members of PRBRES
-stamped with official seal of the PRC

Professional Identification Card

-registration member
-date of issuance and expiry date
-signed by chairperson of the PRC
-renewed every 3 years

Refusal to Register Successful Examinees

-convicted of any criminal offense involving moral turpitude

-guilty of immoral or dishonorable conduct
-psychologically unfit

Revocation or Suspension of

= Certificate of Registration (CR)

= Personal Identification Card (PIC)
= Special / Temporary Permit of Salesperson

1. Procurement of CR /PIC by deceit or fraud

2. Allowing an unqualified person to advertise or practice the profession by using one’s
CR / PIC / SP
3. Unprofessional or unethical conduct
4. Malpractice or violation of RESA, its ITR and the code of ethics
5. Engaging in the practice of profession during suspension

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 I.3 RA9646 REA, REB, REC - By Miguelle L. Dela Fuente

Sitio Makiangayon, Davao City

REGISTRATION WITHOUT EXAMINATION

Those who are already licensed broker, appraiser, consultants under DTI by Ministry
Order 39 as of RESA effective on July 30, 2009 provided:
1. They are in active practice
2. They have undertaken CPE or CEP

a. Holder of DTI license who earned 15 CEP credit units

b. Failed to renew DTI license before July 30, 2009 who have earned 24 CEP credit
units (from accredited providers as per
MO 39 or CPE credit from Council of Accredited Provider) from 2007 – July 30, 2011
c. Who passé the 2008 and 2009 DTI exams but failed to obtain license upon
effectivity of RA 9646 and who have earned
120 CEP credit units
Summary of CPE holder and licensed prior to RA 9646
- valid license DTI + 15 CPE / CEP
- failed to renew DTI + 24 CPE / CEP
- passed2008 & 2009 but no license yet + 15 CPE / CEP
- passed 2007 DTI but no license yet + 18 CPE / CEP
- passed 2006 & prior years but no license yet + 120 CPE / CEP
- not in above category should comply necessary CPE / CEP within 2 years after
effectivity of RA 9646 or from July 31, 2009 to July 30, 2011

3. Assessors and Appraisers

a. – as actual appraiser and assessment employee holding permanent appointments

for the last 5 years
– have passed the real property assessing officer (RPAO) exam by civil service
commission with department of finance
Shall have – with relevant CPE credits
24 CPE b. – as actual appraiser and assessment employee holding permanent
appointments for the credit units last 10 years
– completed 120 hours of accredited training on real property appraisal by Department
of Finance and other GOCC…

DOCUMENTS FOR APPLICATION OF LICENSURE

A. BOARD EXAM: (original and photocopy)

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 I.3 RA9646 REA, REB, REC - By Miguelle L. Dela Fuente

Sitio Makiangayon, Davao City

 Certificate of live birth (NSO) or valid Philippine passport

 Original / photocopy of transcript or diploma with scanned pictures
 NBI clearance
 Notarized seminar or certificate of training (CPE)
 Community tax certificate
 4 colored passport size with white background and nametag

B. WITHOUT BOARD EXAM : (original and photocopy)

 Birth certificate (NSO) or valid Philippine passport

 Certificate of registration or PIC or DTI license
 DTI certificate of rating (for exam passers)
 Duly notarized CEP / CPE certification
 Civil service, DOF, GOCC, certificate of trainings
 Appointment papers and service records for assessors and government appraisers
 Marriage contract (NSO)
 CTC, surety bond for brokers and appraisers
 4 colored passport size with white background and nametag

REINSTATEMENT / RE-ISSUANCE OF CR / PIC / SP

Two (2) years from date of revocation (may issue without taking exam but comply with
CPE units required)

ACCREDITED INTEGRATED PROFESSIONAL ORGANIZATION OF REAL ESTATE

SERVICE PRACTICE (AIPO)

Shall maintain Roster of practitioners containing:

i. Names of all registered RES practitioners
ii. Residence and office address
iii. License number
iv. Date of registration and issuance of certificates

Article 4: PRACTICE OF REAL ESTATE SERVICE

OATH TAKING REQUIRED

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 I.3 RA9646 REA, REB, REC - By Miguelle L. Dela Fuente

Sitio Makiangayon, Davao City

Before entering into practice of RES…before:

[a] the member of the board
[b] any officer of PRC ~ in coordination with AIPO
1. Successful examinees qualified for registration
2. Qualified applicants for registration without exam
3. Accredited salesperson

CASH / SURETY BOND

– Professional indemnity insurance

– For licensed brokers, appraisers and consultants
– Minimum of 20, 000
– Renewable every 3 years

EXEMPTIONS FROM RA. 9646

1. Dealers who shall perform directly real estate services with regards to his / her own
property
2. Any receiver, trustee or assignee in bankruptcy or insolvency proceedings
3. Any person acting pursuant to the order of any court of justice
4. Any person who is duly constituted as attorney-in-fact for purposes of sale,
mortgage, lease or exchange or other similar contracts of real estate without
compensation or remuneration
5. Public officers in the performance of their duties except government appraisers and
assessors

NO PERSON SHALL PRACTICE REAL ESTATE SERVICE UNLESS:

1. Has Satisfactorily Passed the Licensure Examination given by the Board (except as
otherwise provided in RA 9646 and the IRR)
2. Holder of a valid Certificate of Registration (COR), Professional Identification Card
(PIC), Special/Temporary Permit (S/TP)
3. Paid the Required Bond

Section 31: Supervision of Real Estate Salespersons

a. – no exam needed
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 I.3 RA9646 REA, REB, REC - By Miguelle L. Dela Fuente

Sitio Makiangayon, Davao City

– supervise and accredited by PRBRES

b. – at least 2 years of college

– have earned 12 credit units training in Real Estate brokerage

c. – those who are in active practice for at least 3 years certified by licensed broker or
developer prior to effectivity of RA 9646 who were with DTI / HLURB will be accredited
until July 30, 2011
– must have undergone at least 120 training hours
– salespersons shall be required to submit the following documents for BOARD
accreditation:
i. Birth certificate (NSO)
ii. NBI clearance
iii. Certificate of educational attainment
iv. Notarized certificate of training
v. Notarized certificate of supervising brokers

– salespersons shall be under direct supervision and accountability of RE brokers

– cannot be signatories to a written agreement of any RES sales broker is also a
signatory
– cannot negotiate, mediate, transact any real estate transaction for and in behalf of a
broker without securing an
authorized accreditation from broker
– cannot demand a fee, commission or compensation other than the broker who has
direct contact and supervision over him

RESOLUTION NO. 13 -- SERIES OF 2011

AMENDMENT OF SEC. 31, RULE IV OF BOARD RES. NO. 02, SERIES OF 2010,
THE IMPLEMETING RULES AND REGULATIONS OF R.A. NO. 9646, KNOWN AS
THE “REAL ESTATE SERVICE ACT OF THE PHILIPPINES”, AND ISSUANCE OF
THE GUIDELINES ON THE ACCREDITATION OF REAL ESTATE SALESPERSONS
UNDER THE SAME SECTION
NOW, THEREFORE, the Board RESOLVES, as it is hereby RESOLVED, to amend
Sec. 31,

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 I.3 RA9646 REA, REB, REC - By Miguelle L. Dela Fuente

Sitio Makiangayon, Davao City

Rule IV of Board Res. No. 02, Series of 2010, the “IRR of R.A. No. 9646”, by extending
the “30 July 2011” deadline to “31 December 2011” and to issue the guidelines on the
accreditation of real estate service salespersons under the same section.

These Guidelines in The Accreditation of Real Estate Salesperson shall be

observed:

1. The applicant shall follow these steps:

1.1. Submit the filled-up or accomplished application with documents for pre-evaluation
to the Office of the Secretary, PRBs or of the Assistant Secretary, PRBs (3rd Flr., Main
Bldg.) at the PRC Central Office, and the Regional Offices processing counters.
1.2. Proceed to the cashier for payment of fees P600.00 (Ground Flr., Main Bldg.)
1.3. Proceed to the Customer Service Center for metered documentary stamp
1.4. Submit duly accomplished application form to the Office of the Asst. Secretary,
PRBs (3rd Flr.)
1.5. Verify the status of application at the PRC Website: www.prc.gov.ph

2. The applicant shall submit the following papers / documents in support of

his/her qualification and in compliance with other requirements:

2.1. For Real Estate Salesperson with no DTI HLURB Registration

2.1.1. Original and photocopy of NSO Birth Certificate / Certificate of Live Birth
2.1.2. Original and photocopy of NSO Marriage Certificate / Contract (for Married
female only)
2.1.3. Original and notarized Certificate of Educational Attainment on the Completion of
at least two (2) years of College
2.1.4. Original NBI Clearance (Valid)
2.1.5. Original and notarized Certification of twelve (12) credit units on Real Estate
Brokerage

2.2. For Real Estate Salesperson with DTI / HLURB Registration

2.2.1. Original and photocopy of NSO Birth Certificate / Certificate of Live Birth
2.2.2. Original and photocopy of NSO Marriage Certificate / Contract (for Married
female only)
2.2.3. Original and notarized Certificate of Educational Attainment (at least H.S.
Diploma)
2.2.4. Original NBI Clearance (Valid)
2.2.5. Original and notarized Certification of his / her DTI Licensed Estate Broker or
HLURB Registered Real Estate
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 I.3 RA9646 REA, REB, REC - By Miguelle L. Dela Fuente

Sitio Makiangayon, Davao City

Developer
2.2.6. Original and photocopy of DTI / HLURB Certificate of Registration as
Salesperson
2.2.7. Original and notarized Certification of at least One Hundred Twenty (120) Hours
of training and seminar to be issued

by the Employer or Provider (60 hrs. classroom lectures or seminars and 60 hrs. of
training or fieldwork)

2.3. Real Estate Salesperson with at Least Three (3) years of Active Practice
2.3.1. Original and photocopy of NSO Birth Certificate / Certificate of Live Birth
2.3.2. Original and photocopy of NSO Marriage Certificate / Contract (for Married
female only)
2.3.3. Original and Notarized Certificate of Educational Attainment (at least H.S.
Diploma)
2.3.4. Original NBI Clearance (Valid)
2.3.5. Original and Notarized Certification of his / her Supervising Real Estate Broker or
HLURB registered Real

Estate Developer
2.3.6. Original and Notarized Certification of at least One Hundred Twenty (120) Hours
of training and seminar to

be issued by the Employer or Provider (60 hrs. classroom lectures or seminars and 60
hrs. of training or fieldwork
Within a reasonable period, the enrolled accredited salesperson shall be issued with
their identification cards (ID), containing the data or items that are material to the use
thereof in their practice as real estate accredited salespersons

The said ID shall be renewable every year for a period of one (1) year from his /
her birth month

CORPORATE PRACTICE OF THE RES

 Must be registered with SEC
 Members must all be registered and licensed brokers, consultants or appraisers
 Submit yearly a list of RES practitioners to PRC and SEC
 Must have at least 1 broker for every 20 agents
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 I.3 RA9646 REA, REB, REC - By Miguelle L. Dela Fuente

Sitio Makiangayon, Davao City

 Divisions / departments of developers in a real estate development project must be

headed by full-time registered and licensed real estate brokers
 Branch officers must be manned by licensed brokers, appraisers and consultants

NOTE: In case of resignation or termination of employed real estate service

practitioners, employer shall report to the board within 15 days from termination
effectivity

CODE OF ETHICS AND RESPONSIBILITIES

- The board shall adopt and promulgate
- AIPO shall prescribe and issue

CONTINUING PROFESSIONAL EDUCATION (CPE) PROGRAM

The board shall establish or create a CPE council
– Chairperson from the Board
– Member from AIPO
– Member from Academe

Article 5: PENAL & FINAL PROVISIONS

A. Violations of RA 9646 and its IRR

a. fine of not less than 100, 000
b. imprisonment of not less than 2 years
c. both
d. for unlicensed practitioners = double a and b

1st offense = APO suspension for 4 months

2nd offense = recommend suspension of license from PRBRES and PRC
3rd offense = recommend cancellation of license from PRBRES and PRC
B. violations of the code of ethics and responsibilities

1st offense = reprimand / warning

2nd offense = APO suspension 2 months
3rd offense = APO suspension 4 months
4th offense = recommend suspension of license from PRBRES and PRC
5th offense = recommend cancelation of license from PRBRES and PRC

EFFECTIVITY

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 I.3 RA9646 REA, REB, REC - By Miguelle L. Dela Fuente

Sitio Makiangayon, Davao City

RESA LAW: ENACTED INTO LAW: June 29, 2009

Implementing Rules and Regulations (IRR)
Approved: 21 July 2010
Published: 24 July 2010
Effectivity: August 9, 2010
Deadline of Section 20 (Registration w/o Examination : 30 July 2011
Salespersons Accreditation : September 1 to December 31, 2011

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