SEC.21. Reinstatement, Reissuance or Replacement of Certificate of Registration, Professional Identification Card and Special/Temporary Permit.
The Board may, after the expiration of two (2) years from the date of revocation of a Certificate of Registration and/or Professional Identification Card, and upon application and compliance with the required CPE units , and for reasons deemed proper and sufficient, reinstate any revoked certificate of registration reissue a suspended professional identification card and in doing, may, in its discretion, exempt the applicant from taking another examination; Provided, That the Board shall issue a resolution subject to the approval of the Commission in granting a petition for reinstatement to the practice of real estate service profession. A new certificate of registration, professional identification card or special/temporary permit may be issued to replace lost, destroyed or mutilated ones, subject to the rules as may be promulgated by the Board and the Commission, upon payment of the required fees therefor.
SEC. 22. Roster of Real Estate Service Practitioners
The Board, in coordination with the AIPO of real estate service practitioners, shall prepare, update and maintain a roster of real estate service practitioners which shall contain the names of all registered real estate service practitioners, their residence and office addresses, license number, dates of registration or issuance of certificates, and other data which the Board may deem pertinent. Copies thereof shall be made available to the public upon request.
SEC. 23. Issuance of Special or Temporary Permit
Upon application and payment of the required fees and subject to the approval of the Commission, the Board may issue special/temporary permit to real estate service practitioners from foreign countries whose services are urgently needed in the absence or unavailability of local real estate service practitioners for the purpose of promoting or enhancing the practice of the profession in the Philippines.
Upon application and payment of the required fees and subject to the approval of the Commission, the Board may issue special/temporary permit to real estate service practitioners from foreign countries whose services are urgently needed in the absence or unavailability of local real estate service practitioners for the purpose of promoting or enhancing the practice of the profession in the Philippines.
SEC.24. Foreign Reciprocity
No foreign real estate service practitioner shall be admitted to the licensure examination or be given a certificate of registration or a professional identification card, or be entitled to any of the privileges under the R.A. No. 9646 and the IRR unless the country of which he/she is a citizen specifically allows Filipino real estate service practitioners to practice within its territorial limits on the same basis as citizens of such foreign country; Provided, That the guidelines therefor issued by the Commission, or by the Board subject to the approval of the Commission, shall govern the provisions of the foregoing Sec. 23 and of the herein Sec. 24.
ARTICLE IV.
PRACTICE OF REAL ESTATE SERVICE
SEC. 25. Oath
All successful examinees qualified for registration, all qualified applicants for registration without examination and accredited salesperson shall be required to take an oath before any member of the Board or any officer to the Commission duly authorized by the Commission to administer oaths prior to entering into the practice of real estate service in the Philippines. Provided, That the mass oathtaking of the foregoing may be initiated and supervised by the Board in coordination with the AIPO.
All successful examinees qualified for registration, all qualified applicants for registration without examination and accredited salesperson shall be required to take an oath before any member of the Board or any officer to the Commission duly authorized by the Commission to administer oaths prior to entering into the practice of real estate service in the Philippines. Provided, That the mass oathtaking of the foregoing may be initiated and supervised by the Board in coordination with the AIPO.
SEC. 26 Professional Indemnity Insurance/Cash or Surety Bond
All real estate brokers and private real estate appraisers shall, in addition to the oath referred to in the preceding section, be required to post a professional indemnity insurance/cash or surety bond, in an amount to be determined by the Board, which in no case shall be less than Twenty Thousand Pesos (P20,000.00), without prejudice to the additional requirement of the client. It will be renewable every three (3) years.
All real estate brokers and private real estate appraisers shall, in addition to the oath referred to in the preceding section, be required to post a professional indemnity insurance/cash or surety bond, in an amount to be determined by the Board, which in no case shall be less than Twenty Thousand Pesos (P20,000.00), without prejudice to the additional requirement of the client. It will be renewable every three (3) years.
SEC. 27. Acts Constituting the Practice of Real Estate Service
Any single act or transaction embraced within the provisions of Section 3(G), Rule II hereof, as performed by real estate service practitioners, shall constitute an act of engaging in the practice of real estate service.
SEC. 28. Exemptions from the Acts Constituting the Practice of Real Estate Service
The provisions of this R.A. No. 9646 and the IRR shall not apply to the following:
(A) Any person, natural or judicial, who shall directly perform by himself/herself the acts mentioned in Section 3 hereof with reference to his/her or its own property, except real estate developers who are regulated by and registered with the Housing ang Land Use Regulatory Board (HLURB) pursuant to law and other resolutions/regulations such as but not limited to Presidential Decree (PD) 957, as amended,and Batas Pambansa Blg. 220 and their Implementing Rules and Regulations;
Any single act or transaction embraced within the provisions of Section 3(G), Rule II hereof, as performed by real estate service practitioners, shall constitute an act of engaging in the practice of real estate service.
SEC. 28. Exemptions from the Acts Constituting the Practice of Real Estate Service
The provisions of this R.A. No. 9646 and the IRR shall not apply to the following:
(A) Any person, natural or judicial, who shall directly perform by himself/herself the acts mentioned in Section 3 hereof with reference to his/her or its own property, except real estate developers who are regulated by and registered with the Housing ang Land Use Regulatory Board (HLURB) pursuant to law and other resolutions/regulations such as but not limited to Presidential Decree (PD) 957, as amended,and Batas Pambansa Blg. 220 and their Implementing Rules and Regulations;
(B) Any receiver, trustee or assignee in bankruptcy or insolvency proceedings;
(C) Any person acting pursuant to the order of any court of justice;
(D) Any person who is duly constituted attorney-in-fact for purposes of sale, mortgage, lease or exchange, or other similar contracts of real estate, without requiring any form of compensation or remuneration; and
(E) Public officers in the performance of their official duties and functions, except government assessors and appraisers.
SEC. 29 Prohibition Against the Unauthorized Practice of Real Estate Service
No person shall practice or offer to practice real estate service in the Philippines or offer himself/herself as real estate service practitioner or use the title, word, letter, figure or any sign tending to convey the impression that one is a real estate service practitioner, or advertise or indicate in any manner whatsoever that one is qualified to practice the profession, or be appointed as real property appraiser or assessor in any national government entity or local government unit, unless he/she has satisfactorily passed the licensure examination given by the Board, except as otherwise provided in the R.A. No 9646 and the IRR is a holder of a valid certificate of registration and professional identification card or a valid special/temporary permit duly issued to him/her by the Board and the Commission; and, in the case of real estate brokers and private appraisers, they have paid the required bond as provided for in R.A. No. 9646.
(C) Any person acting pursuant to the order of any court of justice;
(D) Any person who is duly constituted attorney-in-fact for purposes of sale, mortgage, lease or exchange, or other similar contracts of real estate, without requiring any form of compensation or remuneration; and
(E) Public officers in the performance of their official duties and functions, except government assessors and appraisers.
SEC. 29 Prohibition Against the Unauthorized Practice of Real Estate Service
No person shall practice or offer to practice real estate service in the Philippines or offer himself/herself as real estate service practitioner or use the title, word, letter, figure or any sign tending to convey the impression that one is a real estate service practitioner, or advertise or indicate in any manner whatsoever that one is qualified to practice the profession, or be appointed as real property appraiser or assessor in any national government entity or local government unit, unless he/she has satisfactorily passed the licensure examination given by the Board, except as otherwise provided in the R.A. No 9646 and the IRR is a holder of a valid certificate of registration and professional identification card or a valid special/temporary permit duly issued to him/her by the Board and the Commission; and, in the case of real estate brokers and private appraisers, they have paid the required bond as provided for in R.A. No. 9646.
SEC. 30. Positions in Government Requiring the Services of Registered and Licensed Real Estate Service Practitioners
Within three (3) years from the effectivity of R.A. No 9646, all existing and new positions in the local and national governments, whether career, permanent, temporary or contractual, primarily requiring the services of a real estate service practitioner, shall be filled only by registered and licensed real estate service practitioners.
All incumbent assessors holding permanent appointments shall continue to perform their functions without need for reappointment and without diminution of status, rank and salary grade, and shall enjoy security of tenure. However, they may not be promoted to a higher position until they meet the qualification requirements of that higher position as herein prescribed. Nothing in the R.A. No 9646 and the IRR shall be construed to reduce any benefit, interest, or right enjoyed by the incumbents at the time of the enactment of the R.A. No 9646. The appointing authority shall exercise his power to appoint the assessor in accordance with the provisions of R.A. No 9646 and the IRR only when a vacancy occurs.
SEC. 31 Supervision of Real Estate Salespersons
For real estate salespersons, no examination shall be given, but they shall be accredited by the Board, provided that they have completed at least two (2) years of college and have undergone training and seminars of at least twelve (12) credit units in real estate brokerage. Those salespersons who are registered withe DTI/HLURB or other salespersons who are in the active practice for at least three (3) years, as may be certified by a licensed broker or a real estate developer, prior to the effectivity of R.A. No. 9646 may also be accredited by the Board until 30 July 2011. Provided, further, That in both cases such Real Estate Salespersons must have undergone at least one hundred twenty (120) training hours in real estate brokerage, and have submitted original NSO certificate of live birth / birth certificate, NBI clearance, certificate of educational attainment or its equivalent, notarized certificate of training or seminar and notarized certificate of their supervising licensed brokers, as may be required by the Board.
Real estate salespersons shall be under the direct supervision and accountability of a real estate broker. As such, they cannot by themselves be signatories to a written agreement involving a real estate transaction unless the real estate broker who has direct supervision and accountability over them is also signatory thereto.
No real estate salesperson, either directly or indirectly, can negotiate, mediate or transact any real estate transaction for and in behalf of a real estate broker without first securing an authorized accreditation as real estate salesperson for the real estate broker as prescribed by the Board.
A real estate broker shall be guilty of violating R.A. No 9646 or the IRR for employing or utilizing the services of a real estate salesperson when he/she has not secured the required accreditation from the Board prior to such employment.
No salesperson shall be entitled to receive or demand a fee, commission or compensation of any kind from any person, other than the duly licensed real estate broker who has direct control and supervision over him, for any service rendered or work done by such salesperson in any real estate transaction.
No violation of this provision shall be cause for revocation or suspension of the certificate of registration of the real estate broker unless there was actual knowledge of such violation or the broker retains the benefits, profits or proceeds of a transaction wrongfully negotiated by the salesperson.
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