 PRC Modernization Act (RA 8981)

 Real Estate Service Act (RA 9646)

 APO
 AIPO
 PROFESSIONAL ORGANIZATION or

PROFESSIONAL ASSOCIATION
 CIVIC ORGANIZATION
 PRC Modernization Act (RA 8981)
Regulates the professional activities of ALL
Accredited Professional Organizations and
Accredited Integrated Professional
Organizations and ALL PRC licensed
professionals (natural persons) in the
Philippines.

 Real Estate Service Act (RA 9646)

Regulates the professional activities of ALL PRC
Real Estate Service Practitioners (natural
persons) and the activities of the AIPO for the
Real Estate Service in the Philippines.
  
According to

(1) PRC Resolution No. 2004-178 and

(2) Section 1 (e) Rule 1
PRC Resolution No. 2018-1089
(Amending PRC Resolution No.2004-178)

 the APO is the:

“Accredited Professional Organization”
  
According to

(1) Section 34 Article IV of RESA and

(2) Section 1 (f) Rule 1
PRC Resolution No. 2018-1089
(Amending PRC Resolution No.2004-178)

the AIPO is the:

“Accredited Integrated
Professional Organization”
A Professional Organization, sometimes
referred to as a Professional Association
exists to advance a particular profession,
supports the interests of people in that
specific profession and serves the public
good.

To be a pure Professional Organization its

Members cannot include other professions,
trades, occupations or institutional members.
An organization or association which
includes other professionals, kindred
trades, occupations, non-professionals,
laity and institutional members are simply
civic organizations.

They cannot be regarded as Professional

Organizations or Professional Associations
as defined under the PRC Modernization Act
(RA 8981) and the Real Estate Service Act
(RA 9646).
 Most Civic Organizations have a set of Rules
that govern their organizational activities and
interpersonal relationships.

 Infringement of Rules usually only result in

reprimands and suspension/removal of
membership privileges and does not carry
any form of enforceable legal, administrative,
punitive and criminal sanctions.
 PRC Professionals and Professional Organizations
abide by, adhere and conform to a very strict
Code of Conduct and Ethical Responsibilities.

 Any Infringement and finding of culpability of any

of the provisions of the strict Code of Conduct
and Ethical Responsibilities result in legally
enforceable reprimands, suspension, removal of
membership privileges as well as administrative,
punitive and criminal sanctions - which include
fines and imprisonment.
 During the period 29Jan2004 - 07Feb2018
a Professional Organization like PhilRES had
to apply and comply with the provisions as
provided for in PRC Res. 2004-178.

 From 07 February 2018 up to the present a

Professional Organization like PhilRES had
to apply and comply with the provisions as
provided for in PRC Res. 2018-1089
 Onlynatural persons licensed by
the PRC as professionals compose
and comprise the Regular
Membership Roll of ALL APOs &
AIPOs under the PRC.
 No, it is not possible as it would violate
provisions of RA 8981. Juridical entities are
not accepted as Regular Members of the APOs
& AIPOs under the various Regulatory Boards
under PRC.
 PRC ONLY Regulates Acts and Activities of
Professionals, hence its official name –

“Professional Regulation Commission”

 RULE 2. Accredited Professional Organization (APO) – Qualifications,
Disqualifications and Renewal of Accreditation

Section 2. Qualifications for Accreditation.

In order to be accredited by the PRC, a professional organization must, at the time
of filing its Petition for Accreditation, must possess all the following
qualifications::
 
a. It is established for the promotion of the benefit and welfare of the
professionals of one discipline, the advancement of their profession, and the
attainment of other Professional ends.
 
b. Its membership is open to all registered professionals of the same discipline
without discrimination;
 
c. It is duly registered as a non-stock corporation and non-profit corporation
or association with SEC and duly registered with BIR;
 
d. Its membership in a particular discipline shall be comprised of at least fifty
percent plus 1 (50% + 1) of the registered professionals possessing current
and valid PICs.
 The Accreditation of PhilRES as the AIPO for
the Real Estate Service Commenced on
29 November 2011

 The Accreditation of PhilRES as the AIPO for

the Real Estate Service Expired on
28 November 2014
On November 12, 2014, PhilRES submitted its
voluminous 500+ page “Petition for Renewal’
of its “AIPO” status in compliance of the
provisions of RULE3 of “PRC” Res. 2004-
178 but said Petition was acted upon only on
January 16, 2016, or 436 days after “Petition
for Renewal’ of its “AIPO” was filed.
 However, on January 16, 2016, or
436 days from the date of submission of the
“Petition for Renewal” of its “AIPO” status

PRBRES Resolution No. 05 Series of 2016

was issued and MERELY DENIED the Petition
for Renewal
PRBRES Resolution No. 05 Series of 2016
MERELY DENIED the Petition for Renewal on the
following grounds:

a. “Failure to Amend Its By Laws”;

 
b. “Breach of its Mandate to Integrate ALL Real
Estate Service Practitioners Into ONE (1)
National Organization”

c. “Sanctioning the incorporation and continued

existence of four (4) organizations under its
auspices”;

d. “Loss of Trust and Confidence”.

 PRBRES Resolution No. 05 Series of 2016 does not conform to the
provisions of RULE 3. PRC Res. 2004-178

- Renewal of Certificate of Accreditation.

 The accredited professional organization shall renew its Certificate

of Accreditation once every three (3) years after the date of the
herein Resolution granting the petition for accreditation and the
issuance of the said certificate upon submission of the
requirements enumerated hereunder and payment of the
prescribed fees provided that the certificate of accreditation has
not been cancelled or revoked under any of the causes/grounds
set forth in Rule 4 hereof:
 A cursory reading of the provisions of
“Rule 3 PRC Res. 2004-178” implies that

upon faithful compliance to the submission and

renewal requirements by an accredited
professional organization and in the absence of
any order of cancellation or revocation of the
certificate of accreditation after due notice and
hearing –

the renewal of the accredited status of a

professional organization is –

AUTOMATIC
 PRC Res. 2004-178
RULE 4. Cancellation of Accreditation.

 A certificate of accreditation of an accredited professional

organization shall be cancelled or suspended by the Commission or
by the concerned professional regulatory board upon approval or
concurrence by the Commission only after due hearing ...

 PRBRES Resolution No. 05 Series of 2016 IS ILLEGAL AND

UNCONSTITUTIONAL

NO HEARING WAS EVER CONDUCTED TO OPPOSE OR CANCEL THE

ACCREDITATION OF PHILRES AS THE AIPO FOR THE REAL ESTATE
SERVICE
 PRBRES/PRC opines that PhilRES is “estopped”
from questioning the issuance of PRBRES
Resolution No. 05 Series of 2016 because “No
Motion For Reconsideration (MR)” was ever
filed by PhilRES and the window period to file
the same has long expired.

 Further, they contend that the said resolution

was already affirmed by the PRC when PRC
Resolution No. 2018-1089 Series of 2018 was
approved, adopted and implemented.
 There is No Marked Difference between the provisions of
PRC Res. No 2004-178 and the provisions of PRC Res.
2018-189. They simply require submission of declarations
under oath and documentary evidences of compliance.
 Section 11 Rule 4, PRC Resolution No. 2018-
1089 Series of 2018 specifically states that:

“If the Petition for Accreditation is denied,

the PRC shall notify the Petitioner in writing
citing the reason/s provided in the Board or
PRC Resolution , as the case may be.

The decision denying the Petition is final

and executory.”
 PhilRES’ petition was not a new and original
petition for accreditation.

 PhilRES’ petition was a Petition For Renewal of

Its AIPO Status, hence the rules on renewal
should be applied.

 There are different criteria and requirements

for (1) Petitions for new and original petition
for accreditation with a (2) Petition for
“Renewal of AIPO Status”.
 No hearing was ever conducted by the
“PRBRES” and by the “PRC” as provided
for by “Rule 3 and Rule4, “PRC” Res. 2004-
178” .

 PRBRES Resolution No. 05 Series of 2016

violates the constitutional rights of PhilRES
to due process as provided for in Sec. 1,
Art. III 1987 of the Philippine Constitution.
 PhilRES was denied of its constitutional right to
fully exercise its right to possess “intellectual
property” in the form of its accreditation of as the
“AIPO for the real estate service”.
 
 PhilRES was illegally and unconstitutionally
dispossessed of its “intellectual property” in the
form of its accreditation of as the “AIPO for the
real estate service” when its Petition for Renewal
of its AIPO status was merely denied thru the
issuance of PRBRES Resolution No. 05 Series of
2016.
 The general rule is that a void law or administrative act
cannot be the source of legal rights or duties

 Article 7 of the Civil Code enunciates this general rule, as well as

its exception:

“Laws are repealed only by subsequent ones, and their

violation or non-observance shall not be excused by dis-use, or
custom or practice to the contrary.

When the courts declared a law to be inconsistent with the

Constitution, the former shall be void and the latter shall govern.

Administrative or executive acts, orders and regulations

shall be valid only when they are not contrary to the laws or the
Constitution."
 I am Eternally Hopeful that Justice shall prevail
in the long run to the exhaustion of All Judicial
Remedies.

 I am Eternally Hopeful that the Supreme Court

Shall Declare PRBRES Resolution No. 5 Series
of 2016 As Unconstitutional And Have No
Force And Effect and that the Court shall issue
a “Status Ante Quo Order” reinstating in full
the AIPO status of PhilRES as the AIPO For The
Real Estate Service
 Thank You For Your Time
And
Gracious Patience To Listen

Daghan Salamat Ka Ninyong Tanan !!!