Report to PRC/PRBRES on Significant PhilRES Achievements in 2012-2014
REPORT ON SIGNIFICANT ACHIEVEMENTS
FOR THREE YEARS (2012-2014) OF THE
PHILIPPINE INSTITUTE OF REAL ESTATE SERVICE PRACTITIONERS, INC. (PHILRES)
CONTENTS
I - MEMBERSHIP GROWTH
II - COMPLIANCE WITH, AND APPROVAL BY, THE PROFESSIONAL REGULATION COMMISSION AND THE SECURITIES AND EXCHANGE COMMISSION OF FOUNDING DOCUMENTS / CONSOLIDATION OF LEADERSHIP
III - ESTABLISHMENT OF THE PHILRES, INC. NATIONAL HEADQUARTERS
IV - FORMATION OF PHILRES CHAPTERS IN PROVINCES, MAJOR CITIES & TOWNS OF THE COUNTRY
NORTHERN & CENTRAL LUZON
NATIONAL CAPITAL REGION
SOUTHERN LUZON
VISAYAS
MINDANAO
V - TEAM BUILDING & ORGANIZATIONAL DEVELOPMENT
1. REGULAR CHANNELS OF INTERACTION & CONSULTATION
2. CHAPTER PRESIDENTS’ MEETINGS
3. STRATEGIC PLANNING & GOAL SETTING
4. FIRST GENERAL ASSEMBLY
5. LEADERS’ SUMMIT
VI - REGULAR SERVICES TO MEMBERS
1. ISSUANCE OF CERTIFICATE OF MEMBERSHIP IN GOOD STANDING (CMIGS)
2. CONTINUING PROFESSIONAL DEVELOPMENT
FORMATION OF THE PHILRES COMMITTEE ON CPD & EDUCATION:
Appointment of qualified members
Conduct of seminar-workshop in preparation for the roll-out of Chapter CPD Programs and the Accreditation Process.
Development of the PHILRES Guidelines for the Continuing Professional Development (CPD) Program for Real Estate Service Practitioners (Consultants, Appraisers, Assessors, Brokers and Salespersons)
CONDUCT OF CONTINUING PROFESSIONAL DEVELOPMENT SEMINARS TO DATE
3. THE PHILRES WEBSITE
VII - FORMULATION OF THE NATIONAL CODE OF ETHICS AND RESPONSIBILITIES FOR REAL ESTATE SERVICE PRACTICE
VIII - SPECIAL CONCERNS: AMENDING THE CONTROVERSIAL PROVISIONS OF THE PHILRES BYLAWS & CONDUCTING THE NATIONAL ELECTIONS
1. AMENDING ANEW THE CONTROVERSIAL BYLAWS
2. PREPARING FOR THE FIRST NATIONAL ELECTION
IX - THE NEED FOR JUDICIAL CLARIFICATION ON THE BASIS OF MEMBERSHIP IN THE AIPO
X - GEARING UP FOR THE GLOBAL CHALLENGE: THE ASEAN ECONOMIC INTEGRATION BEGINNING 2015
XI - References
I - MEMBERSHIP GROWTH
As of 25 October, 2014, official membership in PHILRES stands at 8,490.
This refers to the number of registered members in the official records of the PHILRES national office who have been issued their Permanent AIPO Number (PAN) since 2011 and AIPO Receipt Number (ARN) since 2012 to date.
Context:
1. In 2011-2012, a total of 3,841 licensed professionals registered as members of PhilRES. This was in compliance with PRC-approved PRBRES Resolution No. 19 which recognized PHILRES as the one and only AIPO for the real estate service sector and provided, among other things, that registered and licensed real estate service professionals must secure a certificate of membership in good standing (CMIGS) from PHILRES prior to obtaining or renewing their PRC license number or I.D.
Under the PHILRES internal control system, the PAN and ARN or each member are essential terms of reference for the issuance of the CMIGS.
2. In 2013, membership growth dropped drastically, and only 384 new members were registered for the entire year. This was the direct consequence of a Memorandum issued on January 11, 2013 by PRBRES Chairman Eduardo G. Ong removing the requirement of the PHILRES certificate of membership in good standing (CMIGS) as a pre-requisite for licensed real estate service professionals to obtain or renew their PRC license or I.D. number. The PRBRES Memorandum sowed much confusion regarding the obligation of RESPs to become members of PHILRES.
3. In 2014, membership growth turned around and rose dramatically by 4,265 new members within the first nine months of the year. This was immediately after PRC Chairperson Atty. T. R. Manzala reversed the 2013 Memorandum of PRBRES Chairman E. G. Ong, and, instead, re-affirmed the full enforcement of PRBRES Resolution No. 19.
II - COMPLIANCE WITH, AND APPROVAL BY, THE PROFESSIONAL REGULATION COMMISSION AND THE SECURITIES AND EXCHANGE COMMISSION OF PHILRES FOUNDING DOCUMENTS / CONSOLIDATION OF LEADERSHIP
1. The Amended Articles of Incorporation by the Philippine Institute of Real Estate Service Practitioners (PHILRES), Incorporated on July 13, 2011, were favorably endorsed on July 15, 2011 by the Professional Regulatory Board of Real Estate Service (PRBRES) for SEC approval and registration, as a requirement by the Professional Regulation Commission (PRC) in relation to the application of PHILRES for recognition as Accredited Integrated Professional Organization (AIPO) of the Board of Real Estate Service.
2. The New Bylaws of the Philippine Institute of Real Estate Service Practitioners (PHILRES),Incorporated, adopted on July 13, 2011 by a majority vote of the Board of Trustees and by the vote of majority of the members, and certified under oath by the Corporate Secretary and majority of the said Board, were submitted for approval by the SEC. This was also a requirement by the PRBRES for the recognition by the PRC of PHILRES as AIPO of the Board of Real Estate Service.
The SEC approved the amended bylaws on the same day, as witnessed by the SEC Director for Company Registration and Monitoring Department on August 3, 2011. [Authenticated copies of both documents by the SEC are included as attachments to this Report.]
3. On the basis of the above guiding documents, PHILRES elected and constituted its National Directorate or Board consisting of 21 directors, from among whom the national officers were elected. The National Directorate, headed by a Chairman and Vice-Chairman, serves as the Governing Body of the PHILRES.
A Management Committee headed by the National President and composed of key officers runs the day-to-day affairs of PHILRES and supervises its Standing Committees on membership, continuing professional development, chapters, ethics and professional responsibilities, finance, multi-listing services, public relations and communication, arbitration and mediation, government and industry relations, and the like.
The PHILRES organizational structure is thus complete and fully operational.
In late August of 2013, amidst recurring challenges to its AIPO status from certain PRBRES officials and opposing stakeholders which caused much confusion among the RESPs and demoralized the PHILRES leadership, former Congressman and principal author of RA 9646, Hon. Rodolfo G. Valencia (RGV), registered as PHILRES member in his personal capacity as a licensed broker, appraiser, and consultant.
Widely recognized as an icon in the Philippine real estate service industry prior to his 25-year stint in government service, and having previously served as national president of the Philippine Association of Realtor Boards, Hon. RGV was persuaded by the PHILRES National Directorate to assume the Presidency of PHILRES, to which he was officially elected on August 26, 2013. He immediately reached out to the opposing stakeholders and called for clarificatory meetings with the PRC and the PRBRES on policy guidelines with regard to the AIPO.
III - ESTABLISHMENT OF THE PHILRES, INC. NATIONAL HEADQUARTERS
The PHILRES, Inc. has established its official address at the 7th Floor of the RGV Real Estate Center, 5470 RGV Building, Pres. Osmena Highway, Bangkal, Makati City. The national office is manned by a professional National Secretariat consisting of an Executive Director and three (3) staff assistants who are employed and render professional services in support of the National Directorate and under the supervision of the National Officers for the day-to-day operations.
Regular services by the Secretariat include 1) handling both online and personal individual applications for PhilRES Membership; 2) issuance of certificates of membership in good standing (CMIGs); 3) encoding and administration of the PhilRES database; 4) printing and release of certificates for CPD programs; and 5) other secretariat functions as designated by the National Officers.
The PhilRES national office is equipped with desktop and laptop computers, printers, telecommunication equipment and broadband facilities, and all standard office paraphernalia and logistics befitting a fully functioning professional headquarters.
IV - FORMATION OF PHILRES CHAPTERS IN PROVINCES, MAJOR CITIES & TOWNS OF THE COUNTRY
At present, there are more than 50 PhilRES chapters nationwide, with many more provinces and cities requesting to organize their own respective chapters. The formation of chapters is pursuant to Sections 94 and 95, Article XV of the Amended PHILRES By-Laws duly approved by PRBRES, PRC and the Securities & Exchange Commission (SEC).
To date, only eight (8) of the 50, while already operating, have yet to schedule their formal and solemn investiture (induction of members and officers).
List of PHILRES Chapters / Dates & Venues of Formal Investiture
NORTHERN & CENTRAL LUZON
PHILRES-Baguio City Chapter - 11 Aug 2012 @ Baguio Country Club, Baguio City, Benguet
PHILRES-Isabela Province Chapter - 25 Apr 2014: PhilRES @ NFA FITS Center, Mabini, Santiago City
PHILRES-Nueva Ecija Province Chapter - 25 Oct 2012 @ Hotel Francesco, San Jose City, Nueva Ecija
PHILRES-Pampanga Province Chapter - 08 Sept 2012 @ Fortune Seafood, O.G. Road, City of San Fernando, Pampanga
PHILRES-Angeles City Chapter - 15 Nov 2012 @ Garden Dine, Angeles City, Pampanga
PHILRES-City of San Fernando - 21 July 2012 @ Woodgrove Clubhouse, City of San Fernando, Pampanga
NATIONAL CAPITAL REGION
PHILRES-Caloocan City Chapter - 08 Nov 2012 @ Max’s Restaurant, EDSA, Caloocan City
PHILRES- Manila Chapter - 07 Nov 2013 @ Century Sheraton Hotel, Manila City
PHILRES-Quezon City Chapter - 17 Oct 2012 @ Quezon Avenue, Quezon City
PHILRES-San Juan Chapter - 14 June 2012 @ Club Filipino, Greenhills, San Juan City
PHILRES-Pasig City Chapter - 07 Oct 2013 @ Unilab Bayanihan Center, Mandaluyong City
PHILRES-Mandaluyong City Chapter 04 Oct 2012 @ Legend Villas, Mandaluyong City
PHILRES-Makati City Chapter - 12 Nov 2012 @ Ascott, Ayala Center, Makati City
PHILRES-Paranaque City Chapter - 03 Oct 2012 @ Casino Filipino, Airport Road, Paranaque
PHILRES-Pasay City Chapter - 10 Nov 2012 @ Sofitel, Pasay City
PHILRES-Muntinlupa City Chapter - 16 Nov 2012 @ Bellevue Hotel and Resorts, Alabang, Muntinlupa City
PHILRES-Las Pinas City Chapter - 15 Sept 2012 @ Max’s Restaurant, Las Pinas City
SOUTHERN LUZON
PHILRES-Bacoor City Chapter - 19 Nov 2012 @ Island Cove, Bacoor City, Cavite
PHILRES-Imus City Chapter - 19 Nov 2012 @ Island Cove, Bacoor City, Cavite
PHILRES-Batangas City Chapter - 22 Sept 2012 @ University of Batangas, Batangas City, Batangas
PHILRES-Batangas Province Chapter - 14 Sept 2012 @ Anfa Royal Hotel, Lipa City, Batangas
PHILRES-Antipolo City Chapter - 29 Oct 2012 @ Max’s Restaurant, Taytay, Rizal
PHILRES-Cainta FCM Chapter - 29 Oct 2012 @ Max’s Restaurant, Taytay, Rizal
PHILRES-Taytay FCM Chapter - 28 Aug 2014 @ Max’s Restaurant, Taytay, Rizal
PHILRES-Naga City Chapter - 30 Oct 2012 @ Avenue Plaza Hotel, Naga City, Camarines Sur
PHILRES-Camarines Sur Province Chapter - 30 Oct 2012 @ Avenue Plaza Hotel, Naga City, Camarines Sur
PHILRES-Oriental Mindoro - 12 Nov 2014 @ Filipiniana Hotel, Calapan City, Oriental Mindoro
VISAYAS
PHILRES-Cebu Province Chapter - 16 Oct 2012 @ City Sports Club, Cebu Business Park, Cebu City
PHILRES-Mandaue City Chapter - 19 May 2012 @ Robinsons Land Business Center, Mandaue City, Cebu
PHILRES-Bacolod City Chapter - 11 Aug 2012 @ Planta Centro Hotel, Bacolod City, Negros Occidental
PHILRES-Iloilo City Chapter - 13 Aug 2012: 2012: @ Days Hotel, Iloilo City, Iloilo
MINDANAO
PHILRES-Misamis Oriental Province - 24 Aug 2012 @ Pearlmont Hotel, CDO, Misamis Oriental
PHILRES-Cagayan de Oro City Chapter - March 23, 2012: @ N Hotel, CDO, Misamis Oriental
PHILRES-Iligan City Chapter - 24 Aug 2012 @ Pearlmont Hotel, CDO, Misamis Oriental
PHILRES-Bukidnon Province Chapter - 24 Aug 2012 @ Pearlmont Hotel, CDO, Misamis Oriental
PHILRES- Butuan City Chapter - 08 Oct 2012 @ Goat 2 Geder Hotel, Butuan City
PHILRES-Gingoog City Chapter - 29 April 2014 @ N Hotel, CDO, Misamis Oriental
PHILRES-Pagadian City Chapter - 29 April 2014 @ N Hotel, CDO, Misamis Oriental
PHILRES-Malaybalay City Chapter - 29 April 2014 @ N Hotel, CDO, Misamis Oriental
PHILRES-Misamis Occidental Province Chapter – 29 April 2014 @ N Hotel, CDO, Misamis Oriental
PHILRES-Davao City Chapter - 28 Jan 2014 @ Bistro Rosario, Davao City
PHILRES-Davao del Norte Chapter - 25 Oct 2014 @ Raj Hotel, Tagum City, Davao del Norte
V - TEAM BUILDING & ORGANIZATIONAL DEVELOPMENT
1. REGULAR CHANNELS OF INTERACTION & CONSULTATION
Chapter Investitures, Chapter Presidents’ Meetings convened by the National Directorate, CPD Symposia and Seminars, and Special Consultative Conferences are the regular channels for meeting with PHILRES leaders and members throughout the country. These channels provide the opportunity to update members on the latest developments that impact their profession and industry as well as obtain their feedback and suggestions.
2. CHAPTER PRESIDENTS’ MEETINGS
The Chapters are the strategic link between the National Directorate and the individual members spread out throughout the country. Through membership in a particular chapter, members are better assured of the delivery of services to which they are entitled by virtue of their membership in PHILRES. Chapter presidents and officers serve as regular representatives that ensure members’ continuing participation in PHILRES affairs.
Thus, on February 21, 2013, the 1st PHILRES Chapter Presidents’ Meeting, Planning and Business Conference was held at the REhub Business Center at No. 12 Kitanlad St., Quezon City. Thirty out of 42 Chapters nationwide were represented. Invited speakers at said event included PRBRES Chairman Eduardo G. Ong and board members Ramon Cuervo III and Rafael Fajardo, and Dr. Jaime A. Cura, as representative of Cong. Rodolfo G. Valencia.
3. STRATEGIC PLANNING & GOAL SETTING
On January 10, 2014, National President Rodolfo G. Valencia (RGV) convened the 21 national directors and the presidents of more than 40 PhilRES chapters nationwide to a first-ever strategic planning session which was held at the PHILRES national office in Makati City.
This exercise produced clear goals and priorities and key result areas as well as budgets and timelines for the entire organization.
Since then, the National Directorate or Board has met every month. Its decisions and policies are implemented by a Management Committee (MANCOM) that meets as often as necessary. Various Standing Committees mandated by the by-laws have been organized. These include key committees like membership, continuing education, ethics, chapters, finance, public relations, complaints and arbitration/mediation, and the like.
4. FIRST GENERAL ASSEMBLY
On February 27, 2014, the new National President Rodolfo G. Valencia convened a first ever General Assembly of members to report on the outcome of the Strategic Planning Exercise, update the members on emerging concerns and developments, and provide continuing education and business opportunities.
More than 500 delegates from the various PHILRES chapters around the country filled the main ballroom of the iconic Club Filipino in Greenhills, San Juan City. The Assembly combined a Symposium on Industry Topics of interest and a formal Mass Induction of New Members.
It also became the occasion to recognize major development companies and institutions in the country that have strongly supported the implementation of the RESA, by presenting to them the “Friends of RESA” award. These entities not only allowed but encouraged their staff to take the licensure examinations and/or prepare for the accreditation of their salespersons.
5. LEADERS’ SUMMIT
On September 5-7, 2014, on the occasion of the REHUB Real Estate Expo, which was held at the World Trade Center in Pasay City, national leaders and chapter presidents convened at said venue for a twofold purpose: 1) attend a PHILRES-sponsored CPD seminar; and 2) take part in a Leaders Consultative Meeting on the amended Bylaws and preparations for its ratification.
VI - REGULAR SERVICES TO MEMBERS
1. ISSUANCE OF CERTIFICATE OF MEMBERSHIP IN GOOD STANDING (CMIGS)
Among its various services, the PHILRES national secretariat electronically submits the list of certificates of membership in good standing (CMIGS) upon approval, and on a daily basis (except weekends and holidays), to the office of the PRC Chairperson. The CMIGS is a precondition to the renewal or release of every licensed practitioner’s PRC license number or I.D.
No less than PRC Chairperson T. R. Manzala formally requested this service on April 8, 2014. No less than the PRC Chair’s office sees to it that the CMIGS list is electronically forwarded to all the concerned PRC offices for their easy reference in dealing with real estate service professional (RESP) license applicants anywhere in the country.
2. CONTINUING PROFESSIONAL DEVELOPMENT
As a requirement in the renewal of PRC licenses for Brokers, Appraisers, Consultants, and Salespersons, the CPD is naturally a top concern for PHILRES members. It is in this light, that PHILRES sought accreditation as a CPD service provider from the PRC. After due diligence, PRC granted PHILRES accreditation as AIPO service provider under Accreditation No. 2013-001.
To date, PHILRES has successfully conducted a number of CPD seminars for key cities and provinces where our chapters are located. Requests from other chapters continue to be received by the PHILRES CPD Committee which strictly imposes the criteria and guidelines laid down by the PRC.
FORMATION OF THE PHILRES COMMITTEE ON CPD & EDUCATION:
Appointment of qualified members
Conduct of seminar-workshop in preparation for the roll-out of Chapter CPD Programs and the Accreditation Process.
Designated representatives of the various PhilRES chapters were briefed and took part in 1) structuring the proposed CPD guidelines and the role of the AIPO as CPD provider, 2) developing the design for an education program, 3) developing evaluation tools, and 4) becoming familiar with the work process for program approval. The first CPD committee conference was attended by representatives of 15 chapters from Central Luzon, Calabarzon, and the NCR.
Development of the PHILRES Guidelines for the Continuing Professional Development (CPD) Program for Real Estate Service Practitioners (Consultants, Appraisers, Assessors, Brokers and Salespersons)
This was the result of a series of follow-up meetings of the Committee on CPD and Education and chapter presidents with the PRC Standards and Inspection Division.
CONDUCT OF CONTINUING PROFESSIONAL DEVELOPMENT SEMINARS TO DATE
PHILRES Chapter
Inclusive Dates
No. of Participants
Angeles City Chapter
May 31 – June 1, June 14 & 15, June 21 & 22, 2014
57 Participants
La Union Prov. Chapter
July 8, 9 & 10, 11, 2014
105 Participants
Misamis Oriental Prov.
July 4,5 & 6, 2014
37 Participants
Batangas City Chapter
Aug. 25,26,27,28 & Sept.1, 2014
83 Participants
PhilRES National
Sept. 5,6,& 7, 2014
94 Participants
Antipolo City
Chapter– Part 1
August 5 & 7, 2014
31 Participants
Antipolo City Chapter
Part 2
October 8, 9, &10, 15,16,17, 2014
30 Participants
Muntinlupa City Chapter
May 31 – June 16, 2014
93 Participants
With Scheduled CPDs
Davao City Chapter
October 25, 26, 27 2014
On Going
Quezon City Chapter
3. THE PHILRES WEBSITE – www.philres.com.ph
To further encourage and facilitate timely communication and dissemination of important information to all members and the general public, PHILRES commissioned in 2013 the design of a website to which all official information was regularly uploaded.
In 2014, an I.T. Solutions company was engaged to re-design, upgrade, and increase the capacity of the official PHILRES website into a state-of-the-art platform from which PHILRES members can interact with a fast expanding local and global clientele.
The website ensures quick and regular dissemination of information regarding AIPO concerns and organizational plans and activities, government policies and emerging concerns, industry developments, an up-to-date Multi-Listing Service that provides professional and business opportunities for members, and timely reference materials for Continuing Professional Education.
The website also provides easy links to important official PhilRES documents, official communication from the national president and officers and the various chapters throughout the country, as well as financial reports – all in the spirit of transparency and accountability.
Through this website, PhilRES are linked to the websites of national associations and institutions that are important to the real estate business.
An important feature is a regularly updated Real Estate Monitor of the latest economic news and reports on real estate developments in the Philippines and other parts of the globe.
The website, therefore, serves as a vital online vehicle for the professional development and promotion of business and revenue-generating activities for all PHILRES members.
4. FORMULATION OF THE NATIONAL CODE OF ETHICS AND RESPONSIBILITIES FOR REAL ESTATE SERVICE PRACTICE
Pursuant to Section 5 (f), Article II and Section 35, Article IV of R.A. 9646, otherwise known as “Real Estate Service Act of the Philippines of 2009”, the Accredited and Integrated Professional Organization (AIPO) for the real estate service is mandated to submit a “National Code of Ethics and Responsibilities for Real Estate Service Practice” (otherwise known as “The Code of Conduct”) that shall be adopted and promulgated by the Professional Regulations Commission (PRC) through its Professional Regulatory Board of Real Estate Service (PRBRES).
As the PRC-duly-recognized AIPO, PHILRES proceeded through its Committee on Ethics to formulate such Code from May to July, 2013, in consultation with both PRBRES and PRC. The PHILRES National Directorate approved the final draft presented to it by the Committee on July 22, 2013, and forthwith submitted its proposed National Code of Ethics to the PRBRES/PRC for its approval, adoption, and promulgation.
To date, PRBRES action on the proposed Code of Ethics, as mandated by laws, is still being awaited. No official response or action has been taken on the matter by either PRBRES or PRC.
Thus, despite official submittal by the PHILRES more than a year ago, the real estate service profession has been deprived of an official National Code of Ethics and Responsibilities which should be an essential component of CPD programs and a continuing advocacy for the AIPO.
VII - SPECIAL CONCERNS: AMENDING THE CONTROVERSIAL PROVISIONS OF THE PHILRES BYLAWS & CONDUCTING THE NATIONAL ELECTIONS
1. AMENDING ANEW THE CONTROVERSIAL BYLAWS –
Notwithstanding the prior approval of the Amended PHILRES Bylaws by PRBRES, PRC and the SEC, some of its provisions continued to draw harsh criticism and fierce opposition from certain quarters in the real estate service sector.
In an effort to reach out and seek common ground with all stakeholders, the PHILRES National Directorate, at its meeting held on November 12, 2013, unanimously adopted Resolution No. FAIPO-1213-143 to amend anew its present Bylaws.
A Committee to Review and Amend the Existing PHILRES Bylaws was created by the National Directorate. Legal experts were invited to guide the committee. Various dialogues with stakeholders were held and even the most outspoken critics of PHILRES were heard.
The amendment effort has resulted in the trimming down and compression of the original ponderous document. Certain provisions that tended to promote divisiveness and conflict rather than goodwill and amity among current and potential members have been expunged or completely revised.
This review process has also turned out to be a blessing in disguise. Certain provisions were uncovered that tend to make it difficult and complex to ratify needed amendments to the By-Laws and establish election rules that are just and fair but practical and easy to implement. The current National Directorate has opted to correct these structural impediments now so that the operation and growth of PHILRES may proceed unfettered by unnecessary obstacles.
It is hoped that the recommended amendments to the pertinent provisions of the existing Bylaws will receive favorable acceptance and approval by PRBRES and PRC before these are formally registered with the SEC. The amendment of these Bylaws will be crucial in the preparation for the much-delayed PHILRES national election.
2. PREPARING FOR THE FIRST NATIONAL ELECTION
Records will show that the first national election of PHILRES had actually been previously scheduled at least six times earlier on the basis of the existing Bylaws. In terms of preparation, the designation of COMELEC officers, the election rules, systems and procedures, and voting centers in six (6) regional voting areas were already in place.
Each time, official intervention from the PRBRES and PRC prevented the holding of the election. It is, therefore, not correct and unfair to blame PHILRES for the failure to hold its national election. At every instance, and out of respect for the regulatory agencies, PHILRES merely acquiesced to put its planned election in abeyance.
Nevertheless, PHILRES recognizes the unique complexity that it faces should it conduct a national election where every single one among its more than 8,000 members of record is presumed to be able to exercise the right of suffrage individually. This is why efforts are continuing to look at various institutional models where members are able to select their leaders democratically without the complexities and costs of a one-man, one-vote-nationwide election.
In any case, the chosen model will have to be in consonance with the amended Bylaws.
VIII - THE NEED FOR JUDICIAL CLARIFICATION ON THE BASIS OF MEMBERSHIP IN THE AIPO
One recurring issue that refuses to die is the basis of membership in the AIPO, as provided in R.A. 9646 (Real Estate Act, or RESA). Is it by associations or by individuals? The Implementing Rules and Regulations (IRR) for RESA, as approved by the PRC, stipulate that it is by individuals. When sought for clarification, the House of Representatives in the 15th Congress of the Philippines concurred with the PRC through House Resolution No. 299, that was adopted on October 17, 2012.
The House Resolution No. 299 gives credence to the arguments raised by PRC that only a natural person can be a real estate service practitioner who can meet the prerequisites for licensure examination under Section 14 of the RESA.
It is amplified in the said resolution that the AIPO cannot be an umbrella organization of all existing real estate associations in view of its fundamental difference in personality and governing bylaws which may cause conflict and create confusion rather than facilitate regulation by the State as declared in the policy of the RESA law.
The PHILRES Bylaws merely reflect the sense of the PRC-approved IRR and the concurrence of H.R. No. 299 on the matter.
Very recently, some of the stakeholders have gone to the Supreme Court to seek final clarification of this issue. The Philippine Association of Real Estate Boards, Inc. (PAREB), the Real Estate Brokers Association of the Philippines, Inc. (REBAP), the National Real Estate Association, Inc. (NREA), and the Federation of Real Estate Service Associations, Inc. (FRESA) have filed a Petition for Certiorari and Prohibition with Prayer for the Issuance of a Temporary Restraining Order and/or Preliminary Injunction.
The Petition is against the official position and policy of the Professional Regulation Commission (PRC), the Professional Regulatory Board of Real Estate Service (PRBRES), and Philippine Institute of Real Estate Service Practitioners, Inc. (PHILRES) in determining the basis of membership in the AIPO.
Implied, however, in the Petition is the recognition that the issue of membership is not the doing of PHILRES. It is merely complying with the official interpretation of R.A. 9646 that is reflected in the IRR that were formulated and promulgated by the PRC/PRBRES and affirmed by the House of Representatives Committee on Civil Service that passed House Resolution No. 299.
Still and all, this issue, if allowed to be unresolved, is bound to affect PHILRES significantly for better or for worse. At this juncture, PHILRES cannot but wait for the official and final interpretation of the law by the proper authorities. If asked, PHILRES is prepared to render its considered opinion on this matter and other related issues, with the help of appropriate legal counsel.
In the meantime, PHILRES is committed to service as usual - to its members as currently defined in its Bylaws and to its various publics. It is to this high-minded purpose that the entire PHILRES organization shall channel all the resources available to it.
As presently constituted and organized, PHILRES is confident that it has the capability, competence and resources, as well as the support of thousands of its membership located in more than 50 chapters throughout the country, to remain true to, and deserving of, its status as the one and only accredited integrated professional organization (AIPO) in the real estate service sector.
IX - GEARING UP FOR THE GLOBAL CHALLENGE: THE ASEAN ECONOMIC INTEGRATION BEGINNING 2015
PHILRES has a global objective. It is to develop a cadre of licensed, well-trained, technologically updated, and ethical Filipino real estate service professionals that investors and developers in the Philippines can count on to help sustain the real estate boom that has driven the Philippine economy since 2004.
The economic bull run in the Philippines has now extended beyond the traditional 7-year cycle, which is a rule of thumb in the global real estate business. Amidst speculations of when the property bubble might burst, PHILRES is focused on helping its members understand and appreciate the many opportunities as well as risks that come with regional economic integration within the ASEAN region. More importantly, how they can quickly adjust to the challenges of emerging realities and ride the crest of change.
PHILRES has sponsored several symposia on the topic of ASEAN Economic Integration and its implications on the real estate industry and the property market. Its website is designed to be an information gateway for global investors and peers in the realty business regarding opportunities for partnerships, joint ventures, and collaborative initiatives in linking the vast ASEAN market to specific property development projects that abound in the region and continue to transform the landscape of each ASEAN member country.
The Philippines has captured the attention of the global market and is acknowledged as a major player in the Asian property market. It is part of the mission of PHILRES to help advance and sustain Philippine competitiveness through its cadre of competent and dependable real estate service professionals.
References:
(01) PRC Position Paper on RA 9646 and its IRR dated March 26, 2012
(02) House Resolution No. 299 adopted on 17 October 2012
(03) PRBRES Resolution No. 19, Series of 2011 adopted on 21 October 2011
(Recognition and Accreditation of PhilRES as the AIPO)
(04) Memorandum of PRBRES Chairman Eduardo G. Ong dated 11 January 2013
(Delisting the Certificate of Membership in Good Standing from the AIPO among the Requirements for Renewal of License of Real Estate Practitioners)
(05) RGV letter to PhilRES General Membership dated 28 August 2013
(Acceptance of the position as PhilRES National President)
(06) RGV letter to PRC Chairperson Teresita R. Manzala dated 23 September 2013
(07) RGV letter to PhilRES Chapter Presidents dated 18 October 2013
(08) RGV letter to PRBRES dated 11 November 2013
(PhilRES & PARA-PAREB Comparative Election and Membership Framework)
(09) RGV confidential letter to PRC Chairperson Manzala dated 14 November 2013
(10) Justice Edilberto G. Sandoval demand letter to PRC dated 26 December 2013
(11) Memorandum of PRC Chairperson Manzala dated January 11, 2014
(Requirements for Renewal of License of Real Estate Practitioners)
(12) RGV letter to PhilRES General Membership dated 17 February 2014
(Invitation to the First PhilRES General Membership Assembly)
(13) PhilRES National President’s Report dated 27 February 2014
(First PhilRES General Membership Meeting)
(14) RGV letter to PRC Chairperson Manzala dated 07 March 2014
(Acknowledgment on the Re-Affirmation of Resolution No. 19)
(15) Atty. Joselito S.D. Generoso letter to the Solicitor General dated 7 April 2014
(Quo Warranto Process to Remove Usurpers Sitting in the Board of PRBRES)
(16) RGV letter to PRC Chairperson Manzala dated 08 April 2014
(Update on the Amendment of PhilRES Amended By-Laws)
(17) RGV Speech during Investiture of PhilRES Isabela Chapter on 25 April 2014
(18) RGV Speech during PAMAS Regional Conference (Baguio City) on 17 June 2014
(19) PhilRES National President’s Report during AIPO Leaders’ Summit held at the World Trade Center, Pasay City on 05 September 2014