“Ignorance of the Law Excuses No One”
The Members of the Bantay Colorum Task Force (BCTF) composed of the licensed professional Real Estate Consultants, Appraisers and Brokers conducted a briefing and joint training workshop last January 10, 2020 in Pasay City. This was spearheaded by PRBRES BCTF Chairperson, Hon Ofelia C. Binag, with the members Hon. Rafael M. Fajardo, Hon Pilar M. Torres-Banaag and Hon. Jose Arnold M. Tan.
BCTF was formed under the basis of Section 5 Paragraph H of the Republic Act 9646 (RESA Law) which states that Professional Regulatory Board of Real Estate Service or PRBRES shall “Safeguard and protect legitimate and licensed real estate service practitioners and, in coordination with the accredited and integrated professional organization of real estate service practitioners, monitor all forms of advertisements, announcements, signboards, billboards, pamphlets, brochures and others of similar nature concerning real estate and, where necessity, exercise its quasi-judicial and administrative powers to finally and completely eradicate the pernicious practices of unauthorized or unlicensed individuals;”
According to Hon. Banaag, BCTF’s main purpose is to help professionalize those individuals who are still engaged in the Real Estate Service without a duly valid license or accreditation to do so.
SECTION 29 of the RESA Law states that “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 this Act, 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 hereto provided.”
BCTF members, as deputized by PRBRES, shall work closely with the NBI, CIDG and the Baranggay Captain in giving substantial evidence of the reported case that shall undoubtedly prove a suspected unlicensed practitioner violating the law.
Likewise, BCTF’s equally important role is to educate, guide and remind the licensed practitioners to fully comply with every provisions of RA 9646.
Typical possible violations include:
- Not indicating the PRC license or accreditation number, expiry date, ID Number and PTR in every marketing post printed, video, or online. This falls as violation against SECTION 38. “Indication of the Certificate of Registration, Professional Identification Card/License Number, Professional Tax Receipt (PTR) Number and Accredited Professional Organization (APO) Number. – Real estate service practitioners shall be required to indicate the certificate of registration, professional identification card, PTR number, and APO receipt number, and the date of issuance and the duration of validity on the documents he l she signs, uses or issues in connection with the practice of his/her profession. “
- Absence of the Certificate of Registration and Permits in the Office. According to SECTION 33. Display of License in the Place of Business. – Every registered and licensed real estate service practitioner shall establish and maintain a principal place of business and such other branch offices as may be necessary, and shall conspicuously display therein the original and for certified true copies of his/her certificate of registration as well as the certificates of registration of all the real estate service practitioners employed in such office.
- Untruthful and Dishonesty in the profession which is a violation of SEC. 35. Code of Ethics and Responsibilities for Real Estate A’eruice Practitioners. – The Board shall adopt and promulgate the Code of .Ethics and Responsibilities for real estate service practitioners which shall be prescribed and issued by the accredited and integrated professional organization of real estate service practitioners.
- Failure to provide full supervision to Real Estate Sales Person – SECTION 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 in real estate brokerage, 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 a signatory thereto.
- – SEC. 31. further states that 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 this Act 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.
- Likewise, 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 a 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.
- Atty in Fact or Authorized Representatives with a duly notarized Special Power of Attorney, including lawyers, may sell or rent Real Estate properties in behalf of the owner provided that they do not accept , nor demand any form of remuneration. According to SEC. 28. Exemptions from the Acts Constituting the Practice of Real Estate Service. – The provisions of this Act and its rules and regulations shall not apply to the following: SEC. 26. (a) Any person, natural or juridical, who shall directly perform by himself herself the act as mentioned in Section 3 hereof with reference to his/her or its own property, except real estate developers; I5 (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 a duly constituted attorney-in- fact for purposes of sale, mortgage, lease or exchange, or o!her 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.
Violation of any provisions of the law shall face the consequences as indicated in the ARTICLE V PENAL AND FINAL PROVISIONS SECTION 39. Penal Provisions. – Any violation of this Act, including violations of implementing rules and regulations, shall be meted the penalty of a fine of not less than One hundred thousand pesos (Pl00,000.00) or imprisonment of not less than two (2) years, or both such fine and imprisonment upon the discretion of the court. In case the violation is committed by an unlicensed real estate service practitioner, the penalty shall be double the aforesaid fine and imprisonment. In case the violation is committed, by a partnership, corporation, association or any other juridical person, the partner, president, director or manager who has committed or consented to or knowingly tolerated such violation shall be held directly liable and responsible for the acts as principal or as a co-principal with the other participants, if any.
Hon. Banaag also asked the BCTF members to help educate the public with the Real Estate Terms. Real Estate Brokers act as Agents while Real Estate Salespersons are Accredited Salespersons. Likewise, she reminded that the Real Estate Brokers should focus on the specific job description which is to cause the sale and process the documentations as provided by the Government and by the law. As there have been reports that some brokers tend to offer advice and provide estimated value of a Real Estate Property which are the clear and sole functions of the Real Estate Consultants and Appraisers.
BCTF is not an anti-colorum campaign, rather a watchdog of the RESA Law.
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