Professional Documents
Culture Documents
IRR
Implementing Rules and Regulations of Republic Act No. 9646
aka RESA ( Real Estate Service Act)
an act regulating the practice of real estate service in the Philippines, creating for the
purpose of PRBRES
approved July 21, 2010
PRBRES
o Professional Regulatory Board of Real Estate Service
o BOARD
PRC
o Professional Regulation Commission
o COMMISSION
RULE I
Title of the rules, declaration of Policy & Definition of TERms
Section 1 Title
o The Implementing Rules and Regulations of Republic Act No 9646 (IRR)
Section 2 Declaration of Policy
o The state recognizes the vital role of Real Estate Service Practitioners
Section 3 Definition of Terms
o Appraiser
Aka Valuer
Person who conducts valuation or appraisal
o Assessor / assistant assessor
Official in LGU
performs appraisal or assessment of real properties including plants, equipment and
machineries essentially for taxation
o Real estate
Refers to the land and ALL those items which are attached to it
o Real Estate Development Project
Development of land for residential, commercial, industrial, agricultural, institutional,
or recreational purposes or any combinations BUT NOT LIMITED TO, tourist resort,
reclamation projects, buildings, whether for individual or condominium ownership,
memorial parks and other similar nature.
o Real Estate Developer
Any natural or judicial person engaged in the business of developing real estate
project
o Real Property
Land and includes all the right, interests and benefits related to the ownership
o Real Estate Service Practitioners (CAABS)
Real estate consultant
Licensed who offers or renders professional advice and judgment on ff
Acquisition, enhancement, preservation, utilization or disposition and
improvement of land
Conception, planning, management and development of real estate projects
Real estate appraiser
Licensed who performs, offer or renders services in estimating and arriving
opinion or acts as an expert on real estate values
Real estate assessor
Licensed who works in LGU and performs appraisal and assessment of real
properties including plants, equipment and machineries for taxation purposes
Real estate broker
Licensed who acts an agent of a party in real estate transaction to offer, advertise,
solicit, list, promote, mediate, negotiate, or effect the meeting of minds on
SaMPLE (sale, mortgage, purchase, lease and exchange) or joint venture
Real estate salesperson
Accredited who performs service for and in behalf of real estate broker
Accredited or registered by PBRES
AIPO
Accredited and Integrated Professional Organization
National integrated organization for duly registered and licensed real estate
service practitioner that the BOARD, subject to the approval by the Commission,
shall recognize or accredit as the one and only AIPO
IAPO
Interim Accredited Professional Organization
Professional organization accredited by the Commission only
RULE Ii
Professional regulatory board of real Estate service
o NOTE: 2 members of BOARD shall represent the government assessors and appraisers
who active in government service.
o Board shall be organize within 6 months from the effectivity of RA9646
o This provision implemented in accordance of Executive Order No 496, series of 1991
Executive Order No. 496 was signed by President Corazon C. Aquino instituting procedures and criteria for the
selection and recommendation of nominees to vacant positions in the Professional Regulatory Boards
5. Neither be a member of the faculty of an institution, school nor have any pecuniary
interest, direct or indirect in any institution or association where review or lectures
conducted for licensure exam
6. Good moral character and must not convicted
Section 7 Term of Office
o Chairperson 3 years reappoint 2 consecutive term (6yrs)
o 2 members 2yrs
o 2 members 1 yr
o Chairperson and Board members automatically be registered and issued certificates of
registration and professional identification card
Section 8 Compensation and Allowances of the Chairperson and Members of the Board
o Allowance and compensation will be under Commission as provided for in the General
Appropriation Act, the Salary Standardization Law and the Joint Circular issued by the
Commission and the Department of Budget and Management (DBM)
Section 9 Removal of the Chairperson and Members of the Board
a. Boards members may be suspended or removed by the President, upon the recommendation
of the Commission after proper administrative investigation
1. Neglect of duty
2. Abuse of power
3. Oppression
4. Incompetence
5. Unprofessional, unethical conduct
6. Immoral or dishonorable conduct
7. Commission or tolerance of irregularities in the conduct of examination or tampering of
the grades
8. For any final judgment or conviction of any criminal offense involving moral turpitude
Section 10 Supervision of the Board, Custodian of its Records, Secretariat and Support Service
o Commission designates the secretary of the board
Section 11- Annual Report
o Board shall submit annual report to the Commission at the close of each calendar year
RULE Iii
Licensure examination and registration
Appraiser
Broker
1.
2.
3.
4.
5.
6.
7.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
1.
2.
3.
4.
5.
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8.
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14.
B. Assessor and Appraiser who holds permanent appointment on the date of RA 9646
1.
2.
3.
C. Assessor and Appraiser who holds permanent appointment on the date of RA 9646
1.
2.
3.
RULE IV
Practice of real Estate service
Section 25 - Oath
Section 26 Professional Indemnity Insurance / cash or Surety Bond
o Not less than 20,000 (applicable in all real estate practitioners)
o Renewable every 3yrs
Section 27 Acts Constituting the Practice of Real Estate Service
Section 28 Exemptions from the Acts Constituting the Practice of Real Estate Service
1. Selling by his own property except Developers who are regulated HLURB, PD957,
PB220 and their IRR a
2. Any receiver, trustee or assignee in bankruptcy or insolvency proceeding
3. Any acting pursuant to the order of any court of justice
4. Duly constituted attorney-in-fact for purpose of sale, mortgage, lease, exchange or any
similar contract WITHOUT requiring any form of compensation or remuneration
5. Public officers in the performance of their duties and functions EXCEPT government
assessor or appraiser
Section 29 Prohibition Against the Unauthorized Practice of Real Estate Service
o No person shall practice real estate practice without license except salesperson
Section 30 Positions in Government Requiring the Services of Registered and Lincensed Real
Estate Practitioners
o After 3 yrs of effectivity of RA 9646, all existing and new position shall be filled only by
registered and licensed real estate practitioner
o All incumbent assessors holding permanent appointment continue to perform without
need for re-appointment and without diminution of status, rank and salary and enjoy
security tenure, However, may not be promoted
Section 31 Supervision of Real Estate Salesperson
o Requirement of a salesperson
Completed at least 2 years of college
12 units of training and seminar in real estate broker
Salesperson who registered with DTI or HLURB or other salesperson who active for
at least 3 years certified by Licensed Broker, Developer may also accredited by board
until July 30, 2011
Provided undergone 120 hours training in real estate brokerage
Submitted NSO
NBI clearance
Certificate of educational attainment
Notarized certificate of training or seminar
RULE v
Penal and Final Provisions