Law Summary
Definitions and Scope
- Defines key terms such as Appraiser, Assessor, Real Estate, Real Estate Developer, Real Property.
- Specifies categories of real estate service practitioners: Real Estate Consultant, Appraiser, Assessor, Broker, and Salesperson.
- Each category has distinct qualifications and roles related to real estate services.
Creation and Composition of the Professional Regulatory Board
- Establishes the Professional Regulatory Board of Real Estate Service under the PRC.
- Composed of a chairperson and four members appointed by the President from nominees by professional organizations.
- Two members represent government assessors and appraisers.
Powers and Functions of the Board
- Implements policy for real estate industry development.
- Administers licensure examinations and registration of practitioners.
- Enforces ethical standards and investigates violations.
- Monitors advertisements and combats unauthorized practice.
- Sets curriculum standards in cooperation with CHED.
- Administers Continuing Professional Education (CPE) program.
- Has quasi-judicial and administrative powers concerning licensure and professional conduct.
Qualifications, Terms, and Removal of Board Members
- Board members must be Filipino citizens with related bachelor’s degree and 10 years active practice.
- Members cannot have conflicting interests with educational institutions offering licensure review.
- Term is three years, renewable once, not exceeding six years consecutively.
- Removal possible by the President for neglect, abuse, unprofessional conduct, or criminal conviction.
Licensure Examination and Registration
- Licensure required for all practitioners except real estate salespersons.
- Exam covers specialized subjects depending on the practitioner category (consultant, appraiser, broker).
- Qualifications include citizenship, relevant bachelor’s degree, and good moral character.
- Passing grade is an average of at least 75% with no subject below 50%.
- Results released within ten days.
- Certificates of registration and professional IDs issued upon passing and payment of fees.
- Renewal every three years with CPE compliance.
Registration Without Examination
- Allows registration for individuals licensed under previous laws or with sufficient experience and training.
- Includes certain assessors and appraisers with permanent appointments.
- Registration applications for this category must be filed within two years of the Act’s effectivity.
Revocation, Suspension, and Refusal to Register
- Certificates and permits may be revoked or suspended for fraud, unprofessional conduct, malpractice, or unauthorized practice.
- Applicants convicted of crimes involving moral turpitude or found unfit may be refused registration.
Practice Provisions and Exemptions
- Only licensed and registered practitioners can practice or use professional titles.
- Exempts owners acting on their property, court-appointed officials, attorneys-in-fact without compensation, and certain public officials.
- Real estate salespersons are accredited, supervised by licensed brokers, and cannot act independently.
- Corporations engaged in real estate service must be SEC-registered with licensed officers.
Continuing Professional Education (CPE) and Ethics
- CPE programs are mandated to maintain professional standards.
- The Board adopts a Code of Ethics.
- Accredited professional organizations support the Board.
Enforcement and Penal Provisions
- Violations of the Act or rules may result in fines of at least ₱100,000, imprisonment of at least two years, or both.
- Penalties double for unlicensed practitioners.
- Corporation officials may be held liable for violations.
Miscellaneous Provisions
- Requires all practitioners to indicate registration and license numbers on documents.
- Mandates transfer of records from DTI to the Board.
- Requires the integration and accreditation of real estate service associations.
- Provides administrative and funding provisions for the Act's implementation.
- Contains separability, repealing, and effectivity clauses ensuring continuity and constitutionality of the law.