PhilRES Amended AIC and New by Laws Final Soft Copy (From Rem Ramirez)

Amended Articles of Incorporation And New By-Laws

Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated

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Amended Articles of Incorporation And New By Laws


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AMENDED 1

2

ARTICLES of INCORPORATION 3

of the 4 5

PHILIPPINE INSTITUTE of REAL ESTATE SERVICE 6

PRACTITIONERS (PhilRES) INCORPORATED 7 8

9

10

Know All Men By These Presents: 11

12

The undersigned incorporators, all of legal age and majority of whom are residents of the 13

Philippines, have this day voluntarily agreed to form a non-stock and non-profit professional 14

association under the laws of the Republic of the Philippines 15

16

17

THAT WE HEREBY CERTIFY: 18

19

FIRST: That the name of this corporation shall be: 20

21


PRACTITIONERS (PhilRES) INCORPORATED 23

24

25

SECOND: The Primary Purpose for which the non-stock and non-profit professional 26

association was incorporated is: 27

28

29

1. To register, unite and integrate all licensed and registered real estate service 30

practitioner and as well as associations in the Philippines into one national body, 31

in accordance with the provisions of Section 34, Article IV of R.A. 9646. 32

33

2. To insure the accomplishment of the purposes, duties and responsibilities 34

prescribed in RA 9646 and its Implementing Rules and Regulations; 35

36

3. To take into consideration and observe the relevant Rules in Res. No. 2004-178, 37

Series of 2004, particularly Rule 4 thereof (Cancellation of Accreditation) which 38

reads: “A Certificate of Accreditation of an accredited professional organization 39

shall be cancelled or suspended by the Commission or by any concerned 40

professional regulatory board upon approval or concurrence by the commission, 41

ONLY AFTER DUE HEARING UNDER ANY OF THE FOLLOWING 42

GROUNDS/CAUSES, such as, “5. The Accredited Professional Organization has 43

not renewed its certificate of accreditation after a lapse of an unreasonable period 44

from date of its renewability xxx”; 45

46

4. To consider and not to bar the automatic and mandatory membership of 47

registered member from joining any other affiliate organization of real estate 48

practitioners; 49



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The Secondary Purposes for which the corporation was incorporated are: 50

51

1. To issue certifications of membership in good standing upon payment of the 52

fees and dues, lifetime or annually, to the licensed and registered members 53

thereof, for presentation to the Professional Regulation Commission (PRC) for 54

renewal of their Professional Identification Cards; 55

56

2. To promote and maintain high standards of professional and ethical conduct in 57

the exercise of the real estate profession; 58

59

3. To keep an updated record, roster, roll and registry of all its licensed and 60

registered members; 61

62

4. To charge and collect reasonable fees and dues from its licensed and registered 63

members and to provide them with all the benefits and privileges due them as 64

members; 65

66

5. To motivate and encourage the licensed and registered members to undergo the 67

Continuing Professional Education (CPE) programs, activities and courses for 68

the advancement of the real estate service profession; 69

70

6. To conduct comprehensive reviews, meetings, seminars, educational courses, 71

symposiums, forums and workshops preparatory to licensure examinations and 72

which are requirements of the CPE; 73

74

7. To adopt, develop and enforce the National Code of Ethics and Responsibilities 75

in the practice of the real estate service profession among its licensed and 76

registered members, their responsibility to the public, the clients and the 77

government and to the professional organization (AIPO);; 78

79

8. To assist the Professional Regulatory Board on Real Estate Service (PRBRES) 80

and the PRC in their function of safeguarding and protecting the legitimate and 81

licensed real estate practitioners and assist the PRBRES and the PRC in 82

monitoring all forms of advertisements, announcements, signboards, billboards, 83

pamphlets, brochures and others of similar nature concerning real estate 84

matters; 85

86

9. To seek affiliations with other domestic and international real estate 87

organizations whose purposes are also in accordance the association's own 88

objectives and the provisions of RA 9646 and other related Philippine Laws on 89

real estate service practice; 90

91

10. To perform such other lawful functions as may be directed and upon approval 92

by the Professional Regulatory Board of Real Estate Service (PRBRES) and 93

the Professional Regulation Commission (PRC) pursuant to Sec. 34, Art. IV of 94

R.A. No.9646; 95

11. To coordinate with other government agencies, departments, government 96

owned or controlled corporations or entities, as well as with other professional 97

organizations, and recommend amendments, repeals, sponsorship of laws and 98



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or proposed Bills, ordinances or regulations, involving or affecting the real 99

estate industry; 100

101

12. To develop, set up, train, screen, evaluate and provide a pool/list of qualified 102

resource persons necessary to fully service and satisfy all the academic and 103

technical and other skills required to fully administer and render Continuing 104

Professional Education (CPE) program requirements of all its members; 105

106

13. To accept and administer grants, bequests, bequeaths and personal properties, 107

whether in cash or other property, movable or immovable and, endowments for 108

the promotion of the aims of the association. To manage all assets and 109

resources of the association for useful purposes and which will be beneficial to 110

the association and its members; 111

112

14. To acquire, purchase, own, hold, operate, develop, lease, mortgage pledge, 113

exchange, sell and transfer in any manner provided by law, real and personal 114

property, or any interest therein, as may be necessary and subject to the terms, 115

stipulations, and conditions as the National Directorate may impose and which 116

are necessary and proper in carrying out the association’s objectives; 117

118

15. To receive assignments of copyrights and other intellectual property rights and 119

to charge and collect reasonable fees or charges for their uses; 120

121

16. To be a recipient of titles of properties and to hold and use the proceeds and 122

income of stocks, bonds or other securities of any entity, organization or 123

association, domestic or foreign for the benefit of the association and its 124

members; 125

126

17. To open any and all kinds of bank accounts, investment accounts or trusts and 127

to invest the association’s funds to businesses and activities which PhilRES 128

deems necessary and proper and for purposes for which it was formed and for 129

the benefit of its members; 130

131

18. To establish a corporation, foundation or association which will help, assist and 132

cooperate with PhilRES in all its activities and which will redound to the 133

advancement of its members in the real estate profession. 134

135

136

THIRD: The principal business office of PhilRES shall be at PHALTRA Bldg., 137

#139 Matahimik St., UP Village, Quezon City, Metro Manila 1100, Philippines or at such other 138

address/place as the National Directorate may designate from time to time: 139

140

141

(As Amended on 13 July 2011) 142



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143

144

145

146 147

148



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150

151

152 153

154



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156

157

158 159

160



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162

163

164 165

166



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168

169

170 171

172


Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated

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173

174

NEW BY-LAWS 175

of the 176


PRACTITIONERS (PhilRES) INCORPORATED 178

179

180

181

182

ARTICLE I. 183

NAME 184

185

Section 1. 186 The name of the non-stock corporation shall be PHILIPPINE INSTITUTE of REAL ESTATE 187

SERVICE PRACTITIONERS (PhilRES) INCORPORATED which, for purposes of these New 188

By-Laws, is hereinafter referred to as PhilRES. 189

190

191

192

ARTICLE II. 193

OFFICE 194

195

Section 2. 196 The principal business office of PhilRES shall be at PHALTRA bldg., #139 Matahimik St., UP 197

Village, Quezon City, Metro Manila 1100, Philippines or at such other address/place as the 198

National Directorate may designate from time to time. 199

200

201

202

ARTICLE III. 203

DEFINITION OF TERMS 204

205

Section 3. 206

When used in these By-Laws, the following terms shall mean as follows: 207

208

A. NATIONAL BOARD OF TRUSTEES - refers to the National Directorate of PhilRES 209

composed of twenty-one (21) members/trustees who are duly elected during an Annual 210

General Membership Meeting & Elections representing the regions from National 211

Capital Region1 (NCR1), National Capital Region2 (NCR2), South Luzon, North Luzon, 212

Visayas and Mindanao. 213

214

B. NATIONAL OFFICERS - refers to the officers of PhilRES composed of the twenty-215

one (21) elected trustees/members. 216

217

C. CHAPTERS – refers to the PhilRES Local Chapters organized nationwide within the 218

regions of NCR1, NCR2, South Luzon, North Luzon, Visayas and Mindanao upon the 219

acceptance by the National Directorate as such, are duly organized and existing in the 220




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various geographical and political subdivisions in the Philippines, the membership of 221

which are composed of Regular Members. 222

223

Membership in a Local Chapter and payment of the required association dues/fees are is 224

one of the mandatory requirements to be considered as a bona fide and Member in Good 225

Standing. 226

227

D. LOCAL CHAPTER OF CHOICE – refers to the Local Chapter where the individual 228

member is a Regular Member. As such, and where said member has the right to vote and 229

be voted upon as a Local or National trustee/officer or trustee thereof or of PhilRES. 230

231

E. PhilRES-National – refers to the national administrative secretariat office of the 232

Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated. 233

234

F. MEMBER IN GOOD STANDING –refers to a Regular Member with a valid Real 235

Estate Service Practitioner’s license and Professional Identification Card and who has 236

paid his/her annual/lifetime association dues to his/her local chapter. An Accredited 237

Salesperson listed under a licensed Real Estate Broker and with a valid Salesperson’s 238

Accreditation Number and Identification Card issued by the Professional Regulation 239

Commission (PRC), and who is updated in the payment of his/her PhilRES annual 240

membership dues (referred as Annual Dues for brevity). A member in good standing is 241

also one who is a member of a LOCAL CHAPTER OF HIS/HER CHOICE as certified 242

by the LOCAL CHAPTER Secretary and as attested to by the LOCAL CHAPTER 243

President. 244

245

G. Kindred Organizations - refers to the existing, SEC registered and incorporated kindred 246

and allied real estate service organizations, whether of local/national in scope and 247

coverage, who performs services which are supportive or may complement or augment 248

the plans and programs of PhilRES. 249

250

The Kindred Organizations are, but not limited to the following: 251

• Institute of Philippine Real Estate Consultants, Inc. 252

• Philippine Association of Realty Consultants & Specialists, Inc. 253

• Institute of Philippine Real Estate Appraisers, Inc. 254

• Philippine Association of Realty Appraisers, Inc. 255

• Northern Mindanao Association of Real Estate Appraisers, Inc. 256

• Institute of Public Sector Appraisers of the Philippines, Inc. 257

• Real Estate Brokers Association of the Philippines, Inc. 258

• Philippine Realtors Foundation, Inc. 259

• Chamber of Real Estate Builders Association, Inc. 260

• National Real Estate Association, Inc. 261

• National Real Estate Association-Cebu, Inc. 262

• NAR Philippines, Inc. 263

• Philippine Association of Realtors Boards, Inc. 264

• Philippine Association of Local Treasurers & Assessors, Inc. 265




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• Philippine Association of Municipal Assessors, Inc. 266

• Philippine Association of Assessing Officers, Inc. 267

• Philippine Council of Real Estate Educators, Inc. 268

• CREBA- Research, Inc. 269

• Subdivision and Housing Developers Association, Inc. 270

• Organization of Socialized Housing Developers of the Philippines, Inc. 271

• Philippine Allied Chamber of Real Estate Brokers and Licensed Salesmen, 272

Inc. (PhilAcre, Inc) 273

• Federation of Real Estate Brokers’ Associations in Region 3 274

(FREBA R3), Inc. 275

• Pareb Constituent Member Boards 276

• Rebap Local Chapters 277

• Phil-Global Association of Realtors, Inc. 278

• NREA Chapters 279

• SUPRA 280

• SIRCRO 281

282

The existence, cognizance and acknowledgement of the functional relevance and 283

functional utility of these Kindred Organizations depends on the importance of their 284

works and cooperation that are supportive or may complement or augment the plans and 285

programs of PhilRES. This, however, does not in any way grant them automatic 286

membership rights and privileges with PhilRES. 287

288

PhilRES may at anytime add or remove any Kindred organization from the list hereof, 289

for whatever reason, and may engage their services that will serve the best interest of 290

PhilRES and its general membership. 291

292

293

H. COLLEGE of FELLOWS - refers to active and exclusive members within the sectoral 294

category of PhilRES, who have been elevated to the status of "Fellow". These are 295

composed of a select group of licensed real estate practitioners who have consistently 296

paid their annual membership dues on time, for at least five (5) years and who have 297

distinguished themselves in the practice of the real estate profession. 298

299

300

301

ARTICLE IV. 302

GENERAL MEMBERSHIP 303

304

Section 4. Types of Membership 305 A. The Types of Membership of PhilRES consists of: 306

307

1. Regular Members 308

a. Founding Members 309

b. Charter Members 310

c. Ordinary Regular Members 311

d. Senior Members 312

e. Emeritus Members 313




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2. Associate Members 314

a. Salesperson Members 315

b. Kindred Trades Members 316

317

318

Section 5. Regular Members 319 The Regular Members of PhilRES are: 320

321

1. Natural persons who are licensed and registered real estate service practitioners who have 322

been duly licensed and recognized by the Professional Regulatory Board of Real Estate 323

Service (PRBRES) pursuant to the provisions of Section 20 Article III as applicable of R. 324

A. 9646, and its Implementing Rules and Regulations, and; 325

326

2. Those who have been admitted by PhilRES as a Regular Member pursuant to the 327

provisions of Sections 14 and Section 34 Article IV of R. A. 9646, and its Implementing 328

Rules and Regulations, and Section 19 Article IV of PhilRES By-Laws. 329

330

331

Section 6. Founding Regular Members 332 The Founding Members of PhilRES are: 333

334

1. The Honourable Member of the House of Representatives who is the principal author of 335

Republic Act 9646, and its Implementing Rules and Regulations and who is himself a 336

duly licensed and recognized real estate service practitioner namely: 337

338

a. Hon. Cong. Rodolfo G. Valencia 339

340

341

2. The first Board Members of the Professional Regulatory Board of Real Estate Service 342

(PRBRES) namely; 343

344

a. Hon. Eduardo Gutierrez-Ong - Chairman; 345

b. Hon. Bansan C. Choa - Member; 346

c. Hon. Ramon F. Cuervo III - Member; 347

d. Hon. Rafael M. Fajardo - Member; 348

e. Hon. Florencio C. Dino - Member. 349

350

351

3. All members of the “Convenors Group” who became Regular Members of PhilRES 352

regardless of their date of admission as “bona fide” members of PhilRES. They are those 353

who are, who were registered and licensed as such pursuant to Section 20 Article III of 354

RA 9646, and its Implementing Rules and Regulations, and whose names appear in the 355

Roster of Real Estate Service Practitioners Registry of the Professional Regulation 356

Commission (PRC). Provided, they have filed their applications for licensing without 357

examination with the national, provincial and/or regional business offices of the 358

Professional Regulation Commission (PRC) on or before the close of business offices on 359

30 July 2011. 360

361

The “Convenors Group” is composed of distinguished Real Estate Service Practitioners, 362

who have shown exemplary performance and leadership to his/her fellow practitioners in 363




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the real estate profession. Moreover, the “Convenors Group” are those who have acted 364

with a moral duty and obligation, to perform to the best of their ability, the functions, and 365

capabilities of a real estate service practitioner. 366

367

Further, the “Convenors Group” are those who have acted in the best interest of their 368

respective organizations and their members and those who have exercised and have taken 369

into consideration the constitutional rights of members guaranteed under Section 8 of 370

Article III of the 1987 Constitution of the Republic of the Philippines. 371

372

The “Convenors Group” are the distinguished ladies and gentlemen Presidents, and/or 373

Chairmen of the Board, and/or Members of the Board of Directors/Trustees and/or 374

Officers of the following real estate service associations and organizations: 375

376

• Institute of Philippine Real Estate Consultants, Inc. (IPREC) 377

Enrico Melchor G. Sevilla - President 2010 378

Amelita E. Sarmiento - Chairman of the Board 2010 379

Juan B. Dayag - Vice President 2010 380

381

• Philippine Association of Realty Consultants & Specialists, Inc. (PARCS) 382

Domingo De Vera - President 2010 383

Victor Salinas 384

Carolina Alvarez 385

386

• Institute of Philippine Real Estate Appraisers, Inc. (IPREA) 387

Roche U. Rigos - President 2010 388

Ernesto M. Angeles 389

390

• Philippine Association of Realty Appraisers, Inc. (PARA) 391

Dr. Mary Gaw So - President - 2010 392

Filipina Tuazon 393

394

• Real Estate Brokers Association of the Philippines, Inc. (REBAP) 395

Jose Julius M. G. Topacio - Chairman 2010 396

Evangeline M. De Jesus - Vice President for MIS 397

Josefina D. Magumcia - VP Internal 398

399

• Northern Mindanao Association of Real Estate Appraisers, Inc. (NORMINAREA) 400

Pilar Torres-Banaag - President 2010 401

402

• Philippine Association of Realtors Boards, Inc.(PAREB) 403

Pilar Torres-Banaag - President 2010 404

Tomasito Academia - Chairman of the Board 2010 405

Jocelynn Coronado-Sison - Secretary General 2010 406

407

• Chamber of Real Estate Builders Association, Inc. (CREBA) 408

Florentino S. Dulalia, Jr. - President 2010 409




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• National Real Estate Association, Inc. (NREA) 410

Marissa P. Magsino - President 2010 411

Alejandro S. Mañalac – Chairman – 2010 412

413

• National Real Estate Association, Inc. – Cebu (NREA-Cebu) 414

Abundio C. Gultiano, Jr. - President 2010 415

416

• NAR Philippines (NAR) 417

Moises Canayon - President 2010 418

Elizabeth Villareal - Vice President 419

Atty. Pagunuran 420

421

• Philippines Realtors Foundation, Inc. (PRFI) 422

Jane Saguinsin - President 2010 423

Ma. Teresita B. Canlas - Executive Vice President 2010 424

425

• Institute of Public Sector Appraisers of the Philippines, Inc. (IPSAP) 426

Joselito C. Caballero - President 2010 427

Genaro N. Flores – Vice President 2010 428

429

• Philippine Association of Local Treasurers & Assessors, Inc. (PHALTRA) 430

Nelson P. Quiambao - President 2010 431

432

• Philippine Association of Municipal Assessors, Inc. (PAMAS) 433

Mario G. Magcalas - President 2010 434

435

• Philippine Association of Assessing Officers, Inc. (PAAO) 436

Nelson E. Parreno - President 2010 437

Gener R. Sison - EVP 438

439

• Subdivision and Housing Developers Association, Inc. 440

Jose De Guzman 441

442

• Philippine Council of Real Estate Educators, Inc. (PHILCORE) 443

Amelita E. Sarmiento 444

Florentino S. Dulalia, Jr. 445

446

• Organization of Socialized Housing Developers of the Philippines (OSHDP) 447

Linda A. Tan 448

449

• Asian Valuers Association (AVA) 450

Federico F. Cuervo 451

452

• SUPRA 453

Filemon Saromo 454

455

• SIRCRO 456

Arnulfo Canaria 457




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• Federation of Real Estate Brokers’ Associations in Region3 (FREBA R3), Inc. 458

Araceli S. Cauguiran - Past President 2009 459

Edward R. Tolentino 460

461

462

4. The Founding Incorporators/Trustees and witnesses to the Articles of Incorporation and 463

By-Laws PhilRES. 464

465

466

Section 7. Charter Members 467 The Charter Members of PhilRES are all those Regular Members of PhilRES, regardless of date 468

of admission as Regular Members of PhilRES, who are registered and licensed real estate 469

service practitioners as such, under the provisions of Section 20, Article III of RA 9646, its 470

Implementing Rules and Regulations and those whose names appear in the Roster of Real Estate 471

Service Practitioners Registry of the Professional Regulation Commission (PRC). 472

473

474

Section 8. Senior Members 475 Any Regular Member, Associate Member or new member of PhilRES of the age of sixty five 476

(65) years shall be considered as a Senior Regular Member or Senior Associate Member of 477

PhilRES. 478

479

Senior Members enjoy all the rights, privileges and responsibilities of a Regular Member and 480

shall pay only eighty-percent (80%) of their annual membership dues and/or any other 481

assessments. 482

483

Senior Members may only lose their membership with PhilRES on any of the following 484

grounds: 485

486

1. Final conviction of a crime involving moral turpitude or fraud; 487

2. Removal for any valid/legal causes or for violation of PhilRES By-Laws. 488

489

490

Section 9. “Member Emeritus” Members 491 A Member Emeritus is a Regular Member who have been in good standing with PhilRES 492

continuously for at least twenty-five (25) years with an untarnished record of loyalty and 493

exemplary service to the organization. 494

495

Regular members may be conferred the title of "Member Emeritus" upon written 496

recommendation of the Committee on Membership and the Committee on Awards and upon 497

approval by the National Directorate. 498

499

“Member Emeritus” shall enjoy all the rights, privileges and responsibilities of a Regular 500

Member. They shall be exempted from further payment of annual membership dues/fees and any 501

other assessments, provided, they present their renewed valid PRC Professional Identification 502

Card and to be able to exercise the right to give and receive proxies, to vote and be voted upon. 503

504

“Member Emeritus” Members shall have the privilege to use the title "Member Emeritus". 505




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“Member Emeritus” Members may only lose their membership with PhilRES on any of the 506

following grounds: 507

508

1. Final conviction of a crime involving moral turpitude or fraud; 509

2. Removal for any valid/legal causes or for violation of PhilRES By-Laws. 510

511

512

Section 10. Ordinary Regular Members 513 Ordinary Regular Members are those Regular Members who are not classified as Founding, 514

Charter, Senior, Emeritus nor Fellows of PhilRES. 515

516

517

Section 11. Associate Members 518 Associate Members are natural persons engaged in kindred trades or occupations in the real 519

estate industry such as, but not limited to accredited real estate salespersons. 520

521

An accredited real estate salesperson is a natural person listed under a licensed Real Estate 522

Broker, who performs service under the supervision of the latter, and who have been admitted 523

by PhilRES thru the LOCAL CHAPTER OF CHOICE of his/her principal broker as a 524

Salesperson Member pursuant to the provisions of Rule 2 Paragraph 2 of PRC Resolution No. 525

2004-178. 526

527

The National Directorate may from time to time, subject to prior approval by at least 2/3 votes 528

of all Regular Members in Good Standing voting in a referendum, in a “Special Membership 529

Meeting” for the purpose, may approve membership of other kindred trades or occupations 530

which may possibly be classified under the category of Associate Members by PhilRES. 531

532

533

Section 12. Sectoral Categories of Real Estate Practitioners 534 Sectoral Categories of Members shall refer to and consist of the following: 535

536

1. Real Estate Consultant - is a duly registered and licensed natural person, who for a 537

professional fee, compensation or other valuable consideration, offers/renders 538

professional real estate services on the following: (i) acquisition, 539

enhancement, preservation, utilization or disposal of lands and including the 540

improvements existing thereon; and (ii) the conceptualization, planning, management 541

and development of real estate projects; 542

543

544

2. Real Estate Appraiser or Real Estate Valuer - a duly registered and licensed natural 545

person, who for a professional fee, compensation or other valuable consideration, 546

performs, renders, or offers to perform services, in the valuation of real estate and other 547

related properties and its interest, and rendering therein his professional expertise in 548

giving written valuation and report to the subject matter of his/her appraisal/valuation. 549

550

2.1 Private Sector Real Estate Appraiser - a Real Estate Appraiser/Valuer is a natural 551

person who works in his/her private capacity and is not subject to or covered by 552

Civil Service Rules and Regulations, “Code of Conduct and Ethical Standards for 553

Public Officials and Employees" and “Anti-Graft and Corrupt Practices Act”; 554




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2.2 Real Estate Assessor/Government Appraisers - a Real Estate Appraiser/Valuer is 555

a natural person who works in a local government unit (LGU) and/or other 556

government agencies or government owned or controlled corporations who 557

performs appraisal/valuation and assessment of government-owned real 558

properties and/or who perform appraisal and assessment of privately owned real 559

properties as part of their official functions and they are subject and covered by 560

Civil Service Rules and Regulations, “Code of Conduct and Ethical Standards for 561

Public Officials and Employees" and the “Anti-Graft and Corrupt Practices Act”; 562

563

564

3. Real Estate Broker - a duly registered and licensed natural person, who for a professional 565

fee, commission or other valuable consideration, acts as an agent/attorney-in-fact of a 566

party, in a real estate transaction. He/she offers, advertises, solicits, lists, 567

promotes, mediates, negotiates or help in the meeting of the minds of the parties to a sale, 568

purchase, exchange, mortgage, lease, joint venture, or other similar real estate 569

transactions or any interest therein; 570

571

572 4. Accredited Real Estate Salesperson – is one who performs real estate services for a 573

valuable consideration or in expectation of a share in the professional fee or 574

commission in the performance of his/her services. He/She is a duly accredited 575

natural person who may or may not be listed by a Licensed Real Estate Broker, in 576

order to be accredited by the Professional Regulation Commission (PRC). However, 577

a real estate Salesperson must be listed by a Licensed Real estate broker before 578

he/she can practice his/her profession as a Real Estate Salesperson. 579

580

581

Section 13. Sectoral Categories’ College of Fellows 582 The College of Fellows, hereinafter referred to as the “College” is an institution within PhilRES 583

which is composed of active Regular Members of the particular sector where they are Regular 584

Members of. 585

586

The different Sectoral Categories’ College of Fellows are: 587

588

1. Real Estate Consultants’ College of Fellows; 589

590

2. Real Estate Appraisers’ College of Fellows 591

(Private Sector Real Estate Appraiser/Valuer and GOCC/LGU Sector Real Estate 592

Assessor/Appraisers); 593

594

3. Real Estate Brokers’ College of Fellows; 595

596

597

Section 14. Purposes and Objectives of College of Fellows 598 The purposes and objectives of the College of Fellows are: 599

600

a. To act as a consultative body of the National Directorate and to study, research 601

and formulate policies and programs which includes but is not limited to the 602

Code of Ethics & Responsibilities and other concerns, issues and policies that 603




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affect their particular sector to be submitted for consideration of the National 604

Directorate; 605

606

b. To promote the interest and advancement of the real estate industry and 607

profession and of PhilRES and to contribute to the promotion, enhancement 608

programs and activities beneficial to the general membership; and 609

610

c. To advance the interest of the real estate industry and of PhilRES and contribute 611

to the programs and activities of the general membership. 612

613

614

Section 15. Promotion as a “Fellow” 615 A Regular Member may be promoted as “Fellow” upon such procedures as may be determined 616

by the National Directorate. The following are the qualifications to be considered and promoted 617

as a “Fellow”, to wit: 618

619

a. All Founding Incorporators, Founding Members of the National Directorate, the 620

Founding Officers and the Members of the different Committees and all Charter 621

Members of PhilRES are automatically members of the College of Fellows of the 622

particular sector where they are Regular Members of. 623

624

b. Any Regular Member of PhilRES may be nominated into the applicable Sectoral 625

Category of the College of Fellows. Provided the member nominee must have 626

been a member in good standing consistently and continuously with the PhilRES 627

and he/she must have consistently paid his membership dues on time at least last 628

five (5) years prior to the time of his nomination. 629

630

c. The grant, conferment and use of such title of distinction and honorary 631

conferment of title shall be in accordance with the evaluation and procedures set 632

forth and as may be deemed proper by the National Directorate and conferred in a 633

formal investiture ceremony. 634

635

d. Conferment of such title shall be made only after the formal confirmation of such 636

award by the Membership Committee and upon recommendation and approval of 637

such honorary title by the National Directorate. 638

639

e. The member awardee shall be then formally accepted and inducted as a “Fellow” 640

during a formal awarding ceremony conferring such title of “Fellow” in his 641

particular Sectoral Category. 642

643

f. Arrears in the payment of the annual membership dues for the five (5) year 644

period requirement is a bar and will disqualify the nominee to the award. 645

Payment of the annual membership dues shall be certified by the Treasurer and 646

the Secretary General. 647

648

649

Section 16. Governing Body of the College of Fellows 650 The College shall vote for a set of Officers consisting of the Executive Director, Vice Executive 651

Director, Secretary, and Finance Officer. They shall administer the affairs and projects of the 652




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College of Fellows during the time of their tenure of office, taking in consideration as guide the 653

Implementing Rules and Regulations of the College of Fellows 654

655

656

Section 17. Implementing Rules and Regulations of the College of Fellows 657 The College of Fellows shall adopt an Implementing Rules and Regulations in order to assist the 658

officers in the accomplishment of the task assigned to them, taking into consideration all the best 659

and possible undertakings for which it was intended and designed. 660

661

The policies, activities and Implementing Rules and Regulations of the College of Fellows shall 662

be subject to the approval of the National Directorate before implementation. The same shall not 663

be contrary to the policies of the National Directorate and of PhilRES By Laws. 664

665

666

Section 18. Honorary Membership into the College of Fellows 667 1. Honorary Membership of any Sectoral College of Fellows may be conferred upon any 668

local national or foreign national whether a real estate service practitioner or practicing 669

in a kindred trade or activity. 670

671

The prospective honorary awardee must possess high standards of moral integrity and 672

must have exceptionally contributed to the advancement of the real estate service 673

profession of the sector the nominee is being nominated into. 674

675

2. The prospective honorary awardee must be nominated by at least thirty (30) members of 676

the College of Fellows in good standing. Said nomination shall be approved by the 677

National Directorate and the College of Fellows of the sectoral category where the 678

honorary prospective awardee was nominated into. 679

680

3. An Honorary Member of the College of Fellows enjoys the right and privilege to be 681

present in the functions and activities of PhilRES. 682

683

4. Being an Honorary Member of the College of Fellows does not entitle the holder to 684

practice the real estate service profession unless allowed under RA 9646 and other 685

related laws in the Philippines. 686

687

688

Section 19. Requirements for Membership Admission to PhilRES 689 Regular Membership into PhilRES shall be automatic and mandatory for all licensed real estate 690

service practitioners whose names are verified to be true and appear in the Roster of Real Estate 691

Service Practitioners Registry of the Professional Regulation Commission (PRC). 692

693

Associate Membership into PhilRES shall be automatic and mandatory for all Accredited 694

Salespersons whose names and accreditation as Salespersons are verified to be true and pursuant 695

to the provisions of Section 34 Article IV of R.A. 9646, and its Implementing Rules and 696

Regulations and whose application for Associate Membership into PhilRES is accompanied by a 697

notarized certification of conferment of accreditation, guaranty and warranty licensed and 698

principal real estate broker whom the Salespersons are accredited with. 699

700

All foreign nationals granted permits to operate as real estate service practitioners or given a 701

certificate of registration or a professional identification card pursuant to the provisions of 702




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Section 24 Article III of RA 9646 shall be automatic “bona fide” members of PhilRES and must 703

submit and comply with the prescribed additional requirements to be a “member in good 704

standing” in order to enjoy and receive the benefits and privileges that only a “member in good 705

standing” shall have the privilege and right to exercise as applicable. 706

707

All real estate service practitioners with verified eligible qualifications shall automatically 708

become “bona fide” members of PhilRES. All New Members must submit and comply with the 709

following additional requirements hereunder enumerated, to wit: 710

711

1. He/She must present the original copy of the real estate practitioner's license I.D. 712

and certificate issued by the Professional Regulatory Board of Real Estate 713

Service for authentication and comparison to the photocopy presented together 714

with his application. This is in pursuance to the provisions of Section 3(g) Article 715

I, Section 20, Article III and Section 30, Article IV of RA 9646; 716

717

718

2. He/She must be a member of a PhilRES Local Chapter. Every Regular member 719

shall be a member of a Local Chapter of his choice, provided that his/her 720

application into the Local Chapter of his choice must accept and approves his/her 721

membership application. 722

723

724

3. He/She may join one or more Local Chapter. Provided, that said member pays all 725

his/her Membership Dues and Assessments to every Local Chapter that he is a 726

member. Provided further that the said member submits a declaration of the 727

“Local Chapter of His/Her Choice” to the Local Chapter Secretary; 728

729

730

4. He/She must sign a waiver under oath authorizing PhilRES or its duly authorized 731

representative to verify all information contained in his application for 732

membership and including datas and information as appearing in his/her 733

Members Information Record; 734

735

736

5. He/She must indicate the complete residential address as certified to by the 737

Barangay Captain/Barangay Clearance issued by the Barangay Captain where 738

he/she resides and his/her office/business address in his application for 739

membership pursuant to Section 22 Rule III of the RESA IRR; 740

741

742

6. He/She shall swear to the Pledge for Members and to the National Code of Ethics 743

and Responsibilities, as approved and adopted by the PRBRES and the PRC prior 744

to his/her formal investiture into PhilRES in solemn proceedings specifically set 745

for the purpose; 746

747

748

7. He/She shall accomplish one (1) Members Information Record for every sectoral 749

category where he/she belongs. Any other member shall simply correct/update 750

his membership data form with PhilRES in conformity with any additional or loss 751

of eligibility to perform any category of real estate service or type of 752




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membership. 753

754

8. All registered and licensed real estate service practitioners as well as accredited 755

salespersons whose names appear in the Roster of Real Estate Service 756

Practitioners Registry of the Professional Regulation Commission (PRC) 757

pursuant to the provisions of Section 34 Article IV of R.A. 9646, and its 758

Implementing Rules and Regulations shall continue to be bona fide” members of 759

PhilRES except in the following manner, to wit: 760

: 761

8a. Members who are deceased; and, 762

763

8b. Members whose memberships are terminated pursuant to the provisions 764

of these By-Laws. 765

766

767

9. Associate Members may only apply as a member of the “Local Chapter of 768

Choice” where his/her principal broker is a Regular Member of and that the 769

Associate Member applicant shall have fully complied with the provisions of 770

these By-Laws. 771

772

773

Section 20. Local Chapter Organization and Membership Requirements 774 Local Chapters shall be organized in accordance with the following: 775

776

1. The National Directorate shall prescribe a uniform set of Articles of Incorporation and 777

By-Laws and rules governing the formation, incorporation, administration and operation 778

of Local Chapters which shall not be inconsistent with the Articles of Incorporation and 779

By-Laws of PhilRES. 780

781

Exceptions or modifications of the rules and provisions of the By-Laws for specific 782

Local Chapter shall not be allowed unless otherwise approved by the National 783

Directorate for reasons that it may deem meritorious; 784

785

786

2. No act of a Local Chapter shall directly or indirectly nullify or contravene any provisions 787

of these By-Laws and such rules, regulations, plans, programs or activity adopted and 788

sanctioned by the National Directorate; 789

790

791

3. All Local Chapters shall be under the general supervision of their respective Regional 792

Vice Presidents as provided in these By-Laws; 793

794

795

4. The Regional Area Jurisdiction and Local Chapter jurisdiction shall be based on its 796

geographical and political boundaries as defined in Section 79(2) Article XIII, and 797

Sections 80-85 Article XIII of these By-Laws; 798

799

800

5. The applicant for a Local Chapter must have a minimum number of Fifteen (15) 801

Members who are duly licensed Real Estate Service Practitioners exclusive of the 802




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number of accredited salesperson associate members and such other requirements as may 803

be determined as necessary by the National Directorate as recommended by the Chapter 804

Development & Chapter Affairs Committee and/or Membership Committee: 805

806

807

6. The organizers of a Local Chapter shall formally communicate its intent to the National 808

Directorate to set-up a New Local Chapter enclosing therewith the following minimum 809

requirements: 810

811

6.1 Unconditional commitment by the petitioners to fully adopt the prescribed 812

standard and uniform Articles of Incorporation and By-Laws approved by the 813

National Directorate for all Local Chapters under PhilRES with no exceptions or 814

additions thereto; 815

816

6.2 Duly accomplished and filled-up proposed new Members Information Record of 817

the proposed Local Chapter together with photocopies of their valid Certificate of 818

Registration and Professional Identification Card, among others. 819

820

The application for a proposed Local Chapter shall be accepted or denied by the National 821

Directorate upon the joint recommendations of the (a) Chapter Development and Chapter 822

Affairs Committee, and (b) Membership Committee; 823

824

825

7. An applicant for Local Chapter organization shall be circularized within the period of 826

fifteen (15) days together with its proposed members upon payment of the required 827

chapter organization application fee, payment of the required chapter membership 828

processing fee, payment of the required Annual Chapter dues, and the payment of 829

required membership fees of its individual members; 830

831

832

8. Once an application for a Local Chapter organization is approved, the recommendation 833

and its approval shall be accompanied by the prescribed standard and uniform Articles of 834

Incorporation and By-Laws approved by the National Directorate for all Local Chapters 835

under PhilRES; 836

837

838

9. No Local Chapter shall be registered with the Securities and Exchange Commission 839

(SEC) affixing the national association name as a prefix herein referred to as “PhilRES-” 840

unless its chartering shall have been duly approved by the National Directorate; 841

842

843

10. The New Local Chapter shall be formally presented, proclaimed and accepted during 844

formal investiture proceedings, and PhilRES will formally present and induct its officers 845

and members during PhilRES’ Annual General membership Meeting and Elections; 846

847

848

11. All New Local Chapter Members’ shall be circularized to all members by the 849

Membership Committee within thirty (20) calendar from receipt of the filing of their 850

complete application for membership into PhilRES. 851




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13 July 2011

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Only applications for membership that fully complies with all the requirements for 852

membership application shall be accepted for processing. 853

854

855

12. PhilRES shall exercise full right, option and discretion to approve, reject, consolidate 856

and/or merge applications to form chapters or intents to form chapters. 857

858

859

Section 21. Minimum Membership Residency Requirement Rule 860 a) Regular Members may become a member of any or all of the different sectoral categories of 861

licensed real estate service practitioners, provided that, the member is a duly licensed real 862

estate service practitioner of such category and that the applicant fully complies with the 863

provisions of these By-Laws. 864

865

b) A Local Chapter Regular Member can only be nominated, voted or, appointed to represent 866

his/her real estate category if the Regular member has the required twelve (12) months 867

continuous minimum membership residency requirement in good standing in that particular 868

real estate category, and as proof compliance the Regular Member must show at least two 869

(2) consecutive membership dues payment receipts of his Mother Chapter dated not later 870

than March 15 of any given year or as evidenced by the membership records issued in 871

his/her name in the category where he/her belongs to. 872

873

c) A Local Chapter Associate Member can only be qualified and selected as a representative of 874

his/her sector only when the Associate Member has the required twelve (12) months 875

continuous minimum membership residency requirement in good standing in that particular 876

real estate service category, and as proof compliance the Regular Member must show at least 877

two (2) consecutive membership dues payment receipts of his Local Chapter of Choice dated 878

not later than March 15 of any given year or as evidenced by the membership records issued 879

in hi/her s name in the category where he/she belongs to. 880

881

d) Regular Members in Good Standing who are prior members of other Local Chapters: 882

883

(1) who transfer to, or 884

(2) who become members of newly formed Local Chapters, 885

886

are subject to the twelve (12) months continuous minimum residency rule in the Local 887

Chapter of Choice where they are new members of, except those Regular Members that are 888

admitted as new members during the effectivity of the Transitory Provisions of these New 889

By Laws as adopted on 13 July 2011. 890

891

892

Section 22. Resignation from Membership 893 Any member may resign from membership from any category at any time in PhilRES through a 894

written notice submitted to the Secretary General provided that such resignation shall not be 895

effected and binding upon PhilRES until acted upon by the National Directorate even though the 896

effective date of resignation is fixed in said notice by said resigning member. 897

898

The National Directorate shall act upon such notice of resignation within thirty (30) calendar 899

days from receipt of said notice. 900




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Upon approval of such resignation from membership, the Secretary General shall immediately 901

bring the matter to the attention of the PRC through the PRBRES. Forthwith the member 902

concerned shall cease to be a member of PhilRES and his name shall be stricken out from the 903

Official Roster of Registered and Licensed Real Estate Practitioners maintained by the PhilRES 904

and by the PRC from the Roster of Real Estate Service Practitioners Registry of the Professional 905

Regulation Commission (PRC).. 906

907

Notwithstanding any other provision in these By-Laws, a member against whom a charge of 908

violating the laws and regulations is pending may not resign or be terminated from membership 909

until final judgment is rendered. 910

911

Any individual who resigns loses all rights and privileges granted by law or these By-Laws, 912

including the right to use the organization's name, initials or symbols until otherwise reinstated. 913

914

A member who has resigned shall be given a clearance only after paying all his/her financial 915

obligations with PhilRES and his/her Local Chapter as evidenced by a “Certification of No 916

Financial Accountability” from the Treasurer. 917

918

919

Section 23. Forfeiture of Membership and Forfeiture of Membership Privileges 920 a) A member, shall upon hi/her s final conviction of a crime of moral turpitude or any other 921

offence punishable by at least six (6) months imprisonment, shall automatically lose and 922

forfeit all his Memberships in all categories and forfeit all his Membership Privileges as 923

well with PhilRES. 924

925

b) A member, upon due notice and hearing, may only be censured, suspended or removed and 926

forfeit any or all of his Membership Privileges with PhilRES in the particular category where 927

he/she was charged in, after all avenues of appeal with the Professional Regulatory 928

Commission pursuant to any and all applicable laws related thereto have been exhausted. 929

930

c) A member who has resigned, or who has been censured, suspended or removed shall be 931

given a clearance only after paying all his/her financial obligations with PhilRES and his/her 932

Local Chapter as evidenced by a “Certification of No Financial Accountability” from the 933

Treasurer. 934

935

936

937

ARTICLE V. 938

FEES and DUES 939

940

Section 24. Payment of Membership Fees 941 An initial membership fee of Php 500.00 shall be assessed as Annual Regular Membership dues 942

to be initially collected from the Regular Members due to PhilRES, the recognized AIPO. 943

944

While, an initial membership fee of Php 300.00 shall be assessed as Annual Associate 945

Membership dues to be initially collected from the Associate Members due to PhilRES, the 946

recognized AIPO. 947

948

All Membership dues and fees payable to PhilRES-National of whatever nature shall be only 949

paid thru the members’ Local Chapter and these fees and assessments in turn shall be remitted to 950




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PhilRES-National for the account of the paying member by hi/her s Local Chapter not later than 951

fifteen (15) days upon receipt of such payments. 952

953

The National Directorate may allow direct payments by members of other fees and assessments 954

to PhilRES-National. 955

956

957

Section 25. Membership Application Fees and Processing Fees for New Individual 958

Members and New Local Chapter Members 959 The National Directorate shall determine the appropriate and reasonable fees and any other 960

assessments to be collected from its members and may at any time modify or increase the fees it 961

deems appropriate and reasonable upon consultation with the Professional Regulation 962

Commission (PRC) thru the Professional Regulatory Board of Real Estate Service (PRBRES). 963

964

a) The payment of the one-time membership application fee and one-time membership 965

processing fee shall be paid upon submission of all Individual Membership applications. 966

967

b) The payment of the one-time Chapter Organization Application fee and one-time Chapter 968

Membership processing fee shall be paid upon submission of all Chapter Organization 969

applications. 970

971

972

Section 26. Regular Annual Membership Dues 973 The National Directorate shall determine the appropriate and reasonable Regular Annual 974

Membership Dues and any other assessments to be collected from its members and may at any 975

time modify or increase the fees it deems appropriate and reasonable. 976

977

Initially, a membership fee of Php 500.00 shall be initially assessed as by way of Annual 978

Regular Membership dues to be initially collected from the Regular Members and an initial 979

membership fee of Php 300.00 shall be initially assessed as by way of Annual Associate 980

Membership dues to be initially collected from the Associate Members due to PhilRES, the 981

recognized AIPO. 982

983

a) All individual members are obligated to pay PhilRES-National Annual Membership Dues 984

and Local Chapter Annual Membership Dues and any other reasonable assessments he/she 985

belongs to on time; 986

987

b) All local chapters are obligated to pay Annual Chapter Dues and any other reasonable 988

assessments on time; 989

990

c) PhilRES-National Individual Annual Membership dues and any other reasonable 991

assessments for any calendar year are payable not later than the 15th

of March of every year; 992

993

d) Local Chapter Annual Individual Membership dues and any other reasonable assessments 994

for any calendar year are payable not later than the 15th


996

e) Each Local Chapter must pay its Annual Chapter dues and any other reasonable assessments 997

to PhilRES-National for any calendar not later than the 15th





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f) An individual member or Local Chapter whose membership has been forfeited or suspended 999

shall still be required to pay his/her or its membership dues for the current year, thereafter 1000

the said member need not pay his/her or its membership dues until after the lifting of his/her 1001

or its suspension or after he/she or it has been re-admitted into PhilRES; 1002

1003

g) No member or Local Chapter shall be refused acceptance of the payment of his/her or its 1004

membership dues after serving his his/her or its suspension from PhilRES or after having 1005

been readmitted into PhilRES; 1006

1007

h) A member who has resigned or who has been removed or suspended shall be given a 1008

clearance only after paying all his/her or its financial obligations with PhilRES as evidenced 1009

by a “Certification of No Financial Accountability” from the Treasurer; 1010

1011

i) Unpaid Annual Membership Dues shall be charged a ten percent (10%) surcharge for every 1012

year or fraction thereof; 1013

1014

j) A member must pay all past due unpaid membership dues and all past due unpaid fees and 1015

assessments inclusive of surcharges together with the membership dues for the current year 1016

to update his/her or its membership standing with PhilRES; 1017

1018

k) A member who fails to pay his/her or its membership dues for two (2) consecutive years 1019

shall be automatically suspended indefinitely from PhilRES. The indefinite suspension shall 1020

take effect ten (10) calendar days from date of receipt by the member concerned of “Notice 1021

of Suspension of Membership Privileges Due to Non-Payment of Membership Dues”. 1022

1023

Notification by registered mail sent to the concerned member’s registered residential 1024

address on file with PhilRES shall constitute proper notification and receipt of such “Notice 1025

of Suspension of Membership Privileges Due to Non-Payment of Membership Dues”. 1026

1027

The National Committee on Membership shall by resolution recommend among others to the 1028

National Directorate to recommend to the Professional Regulation Commission (PRC) 1029

through the PRBRES the possible suspension of the delinquent member from the practice of 1030

his/her real estate service profession for non-renewal of his/her membership with Phil-RES; 1031

1032

l) A local chapter that fails to remit membership dues on time shall be automatically referred to 1033

the Membership Committee and Chapter Development & Chapter Affairs Committee which 1034

shall in turn conduct due notification and hearing to require the delinquent local chapter 1035

member to “show cause” why the said local chapter should not be suspended together with 1036

its entire membership from PhilRES. 1037

1038

Thereafter, the Membership Committee and Chapter Development & Chapter Affairs 1039

Committee shall jointly make its recommendations to the National Directorate for proper 1040

action and disposition; 1041

1042

m) The amount of Annual Individual Membership Dues and Annual Chapter Dues to be paid by 1043

Individual Members and Local Chapters may be increased by the National Directorate at 1044

anytime subject to the ratification and approval by a simple majority of regular members in 1045

good standing during a special meeting specifically held for that purpose without need to 1046

amend these By-Laws. 1047




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Any increase in Membership Dues shall be subject to final approval by the Professional 1048

Regulation Commission (PRC) upon recommendation by the Professional Regulatory Board 1049

of Real Estate Service (PRBRES) before being implemented. 1050

1051

1052

Section 27. Special Contributions and Assessments 1053 Special contributions and/or assessments necessary to finance a special project or undertaking of 1054

PhilRES may be collected from the members by authority of a resolution duly approved by the 1055

National Directorate and subsequently approved by a simple majority of the general membership 1056

in good standing in a Special General Membership Meeting called for that particular purpose. 1057

1058

All funds for that special project or undertaking shall be kept in a separate bank account 1059

specifically created for the purpose. 1060

1061

1062

1063

ARTICLE VI. 1064

ACCEPTANCE FOR MEMBERSHIP, CHARGING, OATHTAKING 1065

& 1066

BADGING OF ENSIGNS 1067

1068

Section 28. Acceptance for Membership 1069 No New Member shall be accepted as a Member in good standing unless the local chapter 1070

membership circularization requirements had been completely complied with. 1071

1072

1073

Section 29. Charging and Oath Taking of Members 1074 All new members who have completely complied with the membership requirements shall be 1075

officially charged and administered his/her Membership Oath as Member in Good Standing of 1076

PhilRES. 1077

1078

1079

Section 30. Badging of the PhilRES Ensigns/Pin 1080 After the Oath Taking, the accepted member shall be badged with PhilRES’ ensigns/pin either 1081

by the Sponsor(s) or any PhilRES Officer. 1082

1083

1084

1085

ARTICLE VII. 1086

CERTIFICATE of MEMBERSHIP 1087

& 1088

MEMBERSHIP IN GOOD STANDING 1089

1090

Section 31. Issuance of Certificate of Membership in Good Standing 1091 Each member in good standing shall receive a “Certificate of Membership in Good Standing” 1092

issued by PhilRES duly certified to and signed by the Secretary General, Treasurer, Membership 1093

Committee Chairperson and attested by the President upon: 1094

1095

(a) Presentation of proof on the renewal of the professional identification cards; 1096




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(b) Full payment of his/her annual dues not later than the 15th


1098

(c) Issuance of a “Certification of No Financial Accountability” with PhilRES Treasurer; 1099

1100

(d) Has complied with the minimum residency requirement provisions of this New By Laws 1101

as adopted on 13 July 2011; and 1102

1103

(e) Certification of the Local Chapter that he/she is a member in good standing thereof. 1104

1105

1106

Section 32. Permanent Property of PhilRES 1107 Membership certificates, emblems or other evidences of membership issued at any time to the 1108

member is the permanent property of PhilRES and shall be returned by the individual member 1109

upon termination of his/her membership with PhilRES for any reason after due notice and 1110

hearing except by death. 1111

1112

1113

Section 33. Return of PhilRES Property 1114 Any member who resigns or is expelled shall immediately return his certificate, emblems, pin, 1115

seal and other marks of identity as a member of PhilRES. Failure to return thereof upon demand 1116

made by the President or by the Membership Committee, the National Directorate may 1117

undertake necessary action to prevent the use and recovery the same or may cause notice of the 1118

member’ resignation, suspension or expulsion publicity through newspaper publication or other 1119

media announcements. 1120

1121

1122

Section 34. Content of “Certificate of Membership In Good Standing”. 1123 The Certificate of Membership in Good standing shall state the following information: 1124

1125

a) Name and the Professional License Number of the Member; 1126

b) Members compliance of the Membership in Good Standing requirements; 1127

c) Law and/or regulation as basis of the issuance thereof; 1128

d) The validity of the Certification granted; 1129

e) Receipt number and date when such fees were paid; 1130

f) Authorized signatories; 1131

g) Certificate Control Number; and 1132

h) Seal of the PhilRES. 1133

i) Any other information that the National Directorate may deem fit and proper as declared 1134

in a board resolution for the specific purpose. 1135

1136

1137

1138

ARTICLE VIII. 1139

RECOGNITION PROTOCOL, 1140

MEMBERS RIGHTS, PRIVILEGES, DUTIES AND RESPONSIBILITIES 1141

1142

Section 35. Members’ Rights and Privileges 1143 1. Rights and Privileges of Founding Members 1144

a) Any and all Founding Members present at any meeting or activity of PhilRES shall be 1145

duly acknowledged and given due recognition prior to the acknowledgement and 1146




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recognition of all other special guests, dignitaries, Officers, Trustees and other members 1147

of PhilRES; 1148

1149

b) Any and all Founding Members present at any meeting or activity of PhilRES shall have 1150

preferential treatment to be seated nearest to the presidential table at all times; 1151

1152

c) There shall be a separate registration folder and/or registration list for all Founding 1153

Members present at any meeting or activity of PhilRES. 1154

1155

1156

2. Rights and Privileges of Charter Members 1157

1158

a) Any and all Charter Members present at any meeting or activity of PhilRES shall be duly 1159

acknowledged and given due recognition after any and all Founding Members present at 1160

any meeting or activity of PhilRES shall have been duly acknowledged and given due 1161

recognition; 1162

1163

b) Charter Members present at any meeting or activity of PhilRES shall be duly 1164

acknowledged and given due recognition prior to the acknowledgement and recognition 1165

of all other members, special guests, dignitaries, Officers, Trustees and other members of 1166

PhilRES; 1167

1168

c) There shall be a separate registration folder and/or registration list for all Charter 1169

Members present at any meeting or activity of PhilRES. 1170

1171

1172

3. Regular Members in Good Standing have the following rights: 1173

1174

a) To participate and to know all activities and affairs of PhilRES; 1175

1176

b) To exercise the right to vote on all matters relating to the affairs of PhilRES (subject to 1177

the provisions of residency requirements as applicable) as required; 1178

1179

c) To enjoy the facilities, benefits and other entitlements of PhilRES attached to the 1180

membership; 1181

1182

d) To be included in the Roster of Real Estate Service Practitioners to be submitted to the 1183

Professional Regulatory Board of the Real Estate Service; 1184

1185

e) To inspect the records or books of PhilRES during business hours; 1186

1187

f) To vote and be voted upon during PhilRES elections subject to the provisions of 1188

residency requirements and other requirements as applicable; 1189

1190

g) To be entitled to any privileges if appropriate, such as but not limited to availing of 1191

discounts during Seminars/Trainings, to receive honorarium if he/she has rendered 1192

services as Resources Speaker/Reviewer and the Secretariat; 1193

1194

h) To be endorsed in schools, colleges and universities to teach subjects that requires the 1195

expertise of licensed Real Estate Service practitioners; and 1196




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i) To be endorsed as Commissioner in Court, nominee to the professional regulatory board, 1197

resident Real Estate Service Practitioner and/or Retainer of Project Developers, and the 1198

like if warranted. 1199

1200

j) To be appointed as members of committees at all levels of the PhilRES; 1201

1202

k) To serve as Chapter delegates to national and local PhilRES conventions, conferences 1203

and , conferences and international conferences and fora; 1204

1205

l) Subscribe to all publications and documents issued by the PhilRES for information, 1206

assistance and guidance of its members; 1207

1208

m) No Membership privilege/s may be withheld, removed, restricted or otherwise denied 1209

any member without the appropriate National Directorate Board Resolution approving 1210

such specific action upon any member. 1211

1212

1213

4. Rights of Members Who Are Not “Members in Good Standing”. 1214

Members who are “not” in good standing shall enjoy only the following rights; 1215

1216

a) To be included in the list of “bona fide” members roll of PhilRES; 1217

1218

b) To continue to receive communications from PhilRES 1219

1220

c) To attend any meeting of PhilRES and attend conferences as a passive observer upon 1221

payment of the appropriate assessments or fees at the same rate paid by members in good 1222

standing, but, the member can not vote, nor be voted upon, receive or give proxy/ies, nor 1223

propound questions, nor be part of the consideration of the quorum, nor make any 1224

motion. 1225

1226

1227

5. Rights of Associate Members Who Are “Members in Good Standing”. 1228

Associate Members in good standing shall enjoy only the following rights; 1229

1230

a) To participate and to know all activities and affairs of PhilRES; 1231

1232

b) To enjoy the facilities, benefits and other entitlements of PhilRES attached to the 1233

membership; 1234

1235

c) To be included in the Roster of Real Estate Service Practitioners to be submitted to the 1236

Professional Regulatory Board of the Real Estate Service; 1237

1238

d) To be entitled to any privileges if appropriate, such as but not limited to availing of 1239

discounts during Seminars/Trainings and any other authorized and/or sanctioned activity 1240

of PhilRES except those which expressly only allows Regular members to participate in; 1241

1242

e) To be appointed as members of committees at all levels of the PhilRES, subject to the 1243

limitations upon such Associate members thereof; 1244

1245

f) To be included in the list of Associate Member nominees; 1246




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g) To serve as Chapter delegates to national and local PhilRES conventions, conferences 1247

and international conferences and fora; 1248

1249

h) Subscribe to all publications and documents issued by the PhilRES for information, 1250

assistance and guidance of its members. 1251

1252

i) To be selected as a non-voting Associate Member nominee representative to the 1253

Associate Members’ Pool of Nominees from which the National Trustees-Elect shall 1254

choose the Associate Member representative to the National Directorate as selected by 1255

the Associate Members in Good Standing of the Local Chapter from among themselves 1256

by secret ballot. 1257

1258

No Membership privilege/s may be withheld, removed, restricted or otherwise denied any 1259

Associate Member without the appropriate National Directorate Board Resolution approving 1260

such specific action upon any member. 1261

1262

1263

6. Associate Members Do Not Have The Following Rights 1264

1265

a) To exercise the right to vote on all matters relating to the affairs of PhilRES except as 1266

expressly allowed and provided herein By Laws; 1267

1268

b) To inspect the records or books of PhilRES during business hours; 1269

1270

c) To vote for Regular Members during PhilRES elections; 1271

1272

d) To be endorsed in schools, colleges and universities to teach subjects; 1273

1274

e) To be endorsed as Commissioner in Court; 1275

1276

f) To be a nominee to the professional regulatory board; 1277

1278

g) To give and receive proxies to and from Regular Members. 1279

1280

1281

Section 36. Inclusion in the Roster of the Real Estate Service Practitioners 1282 All Members In Good Standing shall be included in the Roster of Real Estate Service 1283

Practitioners to be submitted to the Professional Regulatory Board of the Real Estate Service 1284

(PRBRES) as required by Section 22, Article III of R. A. 9646, and its Implementing Rules and 1285

Regulations and/or appropriate government agencies within fifteen (15) days after the end of the 1286

calendar year or such other date required by order or memorandum or resolution of the 1287

Professional Regulation Commission (PRC) to be prepared by the Membership Committee. 1288

1289

1290

Section 37. Duties and Responsibilities of All Members 1291 A member shall have the following duties and responsibilities: 1292

1293

1. To read, comply and abide by the By Laws of PhilRES; 1294




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2. To obey and comply with PhilRES By-Laws, policies and procedures and any rules that 1295

maybe promulgated; 1296

1297

3. To observe compliance to the provisions of the Real Estate Service Act (R. A. 9646), its 1298

Implementing Rules and Regulations and any other existing realty laws that maybe 1299

promulgated by the proper authorities; 1300

1301

5. To attend all required meetings that may be called by the National Directorate and by the 1302

Committee Chairmen; 1303

1304

6. To pay annual membership dues and other fees and assessments of PhilRES on time; 1305

1306

7. To observe and faithfully abide by and comply with the National Code of Ethics and 1307

Responsibilities; 1308

1309

8. To be an active member of the Local Chapter and to the sectoral College of Fellows he 1310

belongs to as applicable; 1311

1312

9. To have the moral obligation to serve as Officer, Director, Committee Chairperson and 1313

Committee Member as applicable; 1314

1315

10. To support all the activities of PhilRES including attendance to organize trainings, 1316

seminars, workshops, forum, conventions and conferences and its advocacy against 1317

pernicious real estate services practices of unlicensed or unauthorized individuals and 1318

juridical persons; 1319

1320

11. To provide free services to PhilRES if called for; 1321

1322

12. To pay the agreed royalty fees to PhilRES on referrals at all times without need for 1323

demand; 1324

1325

13. To observe the approved tariff of professional fees of real estate service; 1326

1327

14. To report immediately any act of wrong doing by any member or staff or employee of 1328

PhilRES that he/she has personal knowledge of or has witnessed; 1329

1330

15. To always act in a generally, morally, legally and socially accepted norms of conduct 1331

and behaviour and must not be a cause for public scandal; and 1332

1333

16. Not to do any act(s) which are in competition and/or, prejudicial and/or inimical to 1334

PhilRES', PhilRES' officers, trustees, staff and/or employees, any of PhilRES' plans 1335

programs, undertakings and/or public image and/or reputation. 1336




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ARTICLE IX. 1337

NATIONAL BOARD OF TRUSTEES 1338

(National Directorate) 1339

1340

Section 38. General Management and Governing Policy Making Body 1341 The general management and governing policy making body of PhilRES shall be vested in a 1342

National Board of Trustees which shall be known collectively as the National Directorate 1343

composed of Twenty-One (21) Trustees who shall be elected annually by all Regular Members 1344

in Good Standing who shall serve and perform their duties and responsibilities from January 01 1345

until December 31 of every year until the qualification and election of their successors. 1346

1347

The Chairman of the National Directorate shall preside over proceedings at all regular and 1348

special meetings of the National Directorate except at Special General Membership Meetings 1349

and the Annual General Membership Meeting and Elections where the President shall preside. 1350

1351

The National Directorate shall retain the services of a legal counsel whose services are necessary 1352

to assist and help PhilRES in the implementation/administration of its official duties and 1353

functions and will be officially designated as the Board Legal Counsel. 1354

1355

1356

Section 39. Quorum 1357 The National Directorate acts only as a collective body and no power is vested in any individual 1358

Trustee as such. 1359

1360

The presence of at least Twelve (12) members of the National Directorate shall be necessary at 1361

all regular and special meetings of the National Directorate to constitute a quorum for the 1362

transaction of any business, and simple majority (50% plus 1) of the quorum duly assembled as 1363

a National Directorate shall be valid as a corporate act. 1364

1365

The Chairman of the National Directorate shall preside at all meetings of the National 1366

Directorate of PhilRES except at Special General Membership Meetings and Annual General 1367

Membership Meeting and Elections where the President of PhilRES shall preside. 1368

1369

In the absence of the duly elected Chairman of the National Directorate during any meeting the 1370

Vice-Chairman shall preside thereof. 1371

1372

In the absence of the Chairman and the Vice-Chairman of the National Directorate during any 1373

meeting where there exists a quorum, the Trustees constituting such a quorum shall appoint a 1374

temporary presiding Trustee for such particular meeting. 1375

1376

The presiding Trustee only votes in order to break a deadlock or tie in National Directorate 1377

voting or in any meeting wherein a division of the house results in a tie. 1378

1379

1380

Section 40. Regular and Special Meetings of the National Directorate 1381 The National Directorate shall hold Regular Meetings at least once a month, at such particular 1382

hour or place as the National Directorate may set. 1383




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Special Meetings of the National Directorate may be called by the Chairman of the National 1384

Directorate or President at his discretion or by written request by Twelve (12) members of the 1385

National Directorate. 1386

1387

1388

Section 41. Notice of Meeting 1389 Notices of Regular Meetings of the National Directorate or Special Meetings of the National 1390

Directorate shall be mailed, e-mailed, faxed or sent by special courier or messengerial service or 1391

any other verifiable means of communication by the Secretary General at least four (4) days 1392

before the date fixed for the meeting. 1393

1394

1395

Section 42. Waiver of Notice of Meeting 1396 Notices of Regular Meetings or Special Meetings of the National Directorate may be waived 1397

only in formal writing provided that those National Trustees waiving such notice of meeting are 1398

part of a valid quorum of such meeting and/or are those National Trustees requesting for such 1399

Special Meeting of the National Directorate or Emergency Meeting of the National Directorate. 1400

1401

1402

Section 43. Regular Attendance in National Directorate Meetings 1403 Officers and Trustees are mandated to attend all National Directorate Meetings. 1404

1405

Unauthorized absence from three (3) regular meetings, consecutive or otherwise shall be 1406

considered as constructive resignation on the part of the absentee Officer or Trustee unless prior 1407

notice of a reasonable cause for such absence is received by the Secretary General at least three 1408

(3) calendar days before such scheduled regular meeting of the National Directorate. 1409

1410

1411

Section 44. Rules of Order 1412 Robert’s Rules of Order, latest edition, shall be recognized as the authority and guide governing 1413

the parliamentary proceedings of the meetings of PhilRES as well as those of its committees, 1414

provided that the same is not in conflict with any provision of these By-Laws. 1415

1416

1417

1418

ARTICLE X. 1419

NATIONAL OFFICERS & NATIONAL TRUSTEES 1420

1421

Section 45. General 1422 The Members of the National Directorate of PhilRES shall perform and function in their duties 1423

and responsibilities as any regularly Members of the National Directorate would normally 1424

operate as permitted under the Corporation Code of the Philippines. 1425

1426

The regularly elected Members of the National Directorate of Phi1RES shall occupy and 1427

perform their duties and responsibilities from January 01 until December 31 of every calendar 1428

year unless expressly provided for in this By-Laws. 1429

1430

These National Directorate and Officers of PhilRES shall perform their duties and 1431

responsibilities customary to the offices unless otherwise specifically specified in these By-1432

Laws. 1433




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These National Directorate shall occupy and shall continue to perform and act on matters 1434

customary to their office which are consistent with the Corporation Code of the Philippines, 1435

unless expressly provided for in these By-Laws. 1436

1437

A Manual of Operations will be drawn-up by the National Directorate and approved by a simple 1438

majority of all members in good standing. 1439

1440

1441

Section 46. Chairman of the National Directorate 1442 The Chairman of the National Directorate who shall be a Trustee, shall preside at all meetings of 1443

the National Directorate of PhilRES except at (1) Special Membership Meetings and Elections, 1444

and (2) Annual General Membership Meeting and Elections where the President shall preside. 1445

1446

The Chairman of the National Directorate only votes in order to break a deadlock or tie in 1447

National Directorate voting or in cases wherein a division of the house results in a tie. 1448

1449

1450

Section 47. Vice Chairman of the Board 1451 The Vice Chairman of the National Directorate, who shall be a Trustee, shall perform all duties 1452

as customary to his office. He shall: 1453

1454

a) shall preside at all meetings of the National Directorate of PhilRES whenever the 1455

Chairman of the National Directorate shall be unable to preside at any and all meetings 1456

of the National Directorate; 1457

1458

b) represent PhilRES and act in its name subject when so specifically ordered to do so or 1459

assigned to him by the National Directorate; 1460

1461

c) do and perform any and all other duties, functions and responsibilities assigned to 1462

him/her by the National Directorate. 1463

1464

1465

Section 48. President 1466 The President, who shall be a Trustee, shall perform all duties as customary to his office. He 1467

shall: 1468

1469

a) be the Chief Executive Officer of PhilRES; 1470

1471

b) preside at all Special Membership Meetings and at the Annual General Membership 1472

Meeting and Elections; 1473

1474

c) represent PhilRES in all internal and external functions and act in its name subject to the 1475

declared policies of the National Directorate and the provisions of these By-Laws; 1476

1477

d) countersign all checks for disbursements of funds of PhilRES; 1478

1479

e) submit an annual report to the members; 1480

1481

f) shall be an ex-oficio member of all committees. 1482




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Section 49. Executive Vice President 1483 The Executive Vice President, who shall be a Trustee, shall perform all duties as customary to 1484

his office. He shall: 1485

1486

a) assist the President of PhilRES in all matters; 1487

1488

b) take-over the duties and responsibilities in the temporary absence of the President; 1489

1490

c) represent PhilRES and act in its name subject to the declared policies of the National 1491

Directorate and the provisions of these By-Laws in the temporary absence of the 1492

President; 1493

1494

The Executive Vice President shall have the powers, authorities, duties, functions and 1495

responsibilities assigned and duties the President or National Directorate may from time to time 1496

assign to him. 1497

1498

1499

Section 50. Vice President for Consultants 1500 There shall be a Vice President for Consultants who shall he a Trustee, and shall perform all 1501

duties as customary to his office. In addition he/she shall: 1502

1503

a) Be responsible for the compliance of the discipline’s requirement that may be later on 1504

implemented upon the direction of the Professional Regulatory Board for Real Estate 1505

Service (PRBRES); 1506

1507

b) Update the membership committee on information needed within the rank; 1508

1509

c) Be the National focal person of the licensed Real Estate Consultants. 1510

1511

The Vice President for Consultants shall have the powers, authorities, duties, functions and 1512

responsibilities assigned and duties the National President or National Directorate may from 1513

time to time assign to him. 1514

1515

1516

Section 51. Vice President for Appraisers 1517 There shall be a Vice President for Appraisers who shall be a Trustee, and shall perform all 1518


1520




1524


1526

c) Be the National focal person of the licensed Real Estate Appraisers. 1527

1528

The Vice President for Appraisers shall have the powers, authorities, duties, functions and 1529

responsibilities the President or the National Directorate may from time to time assign to him. 1530




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Section 52. Vice President for Brokers 1531 There shall be a Vice President for Brokers who shall be a Trustee, and shall perform all duties 1532

as customary to his office. In addition he/she shall: 1533

1534




1538


1540

c) Be the National focal person of the licensed Real Estate Brokers. 1541

1542

The Vice President for Brokers shall have the powers, authorities, duties, functions and 1543

responsibilities the President or the National Directorate may from time to time assign to him. 1544

1545

1546

Section 53. Vice President for Government Assessors 1547 There shall be a Vice President for Government Assessors who shall be a Trustee, and shall 1548

perform all duties as customary to his office. In addition he/she shall: 1549

1550




1554


1556

c) Be the focal person of the licensed Real Estate Assessors. 1557

1558

The Vice President for Government Assessors shall have the powers, authorities, duties, 1559

functions and responsibilities the President or the National Directorate may from time to time 1560

assign to him. 1561

1562

1563

Section 54. Vice President for Government Appraisers 1564 There shall be a Vice President for Government Appraisers who shall be a Trustee, and shall 1565

perform all duties as customary to his office. In addition he/she shall: 1566

1567




1571


1573

c) Be the National focal person of the licensed Government Real Estate Appraisers. 1574

1575

The Vice President for Government Appraisers shall have the powers, authorities, duties, 1576

functions and responsibilities the National President or the National Directorate may from time 1577

to time assign to him. 1578




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Section 55. Vice President for Treasury 1579 There shall be a Vice President for Treasury who shall be a Trustee, and who shall perform all 1580

duties as customary to his office. He shall: 1581

1582

a) Be the Treasurer and have custody of and be responsible for the funds, securities and 1583

bonds of PhilRES, and keep a complete and accurate record of receipts and 1584

disbursements of PhilRES, and other commercial transactions in the corresponding 1585

books of account of PhilRES and see to it that all disbursements and expenditures are 1586

evidenced by appropriate vouchers; 1587

1588

b) Deposit in the name and to the credit of Phi1RES in such bank or banks as may be 1589

designated from time to time by the National Directorate, all the money, funds, 1590

securities, bonds, negotiable instruments, bank drafts and similar valuable effects 1591

belonging to PhilRES which may come under his control; 1592

1593

c) Render a monthly and an annual report showing the financial condition of PhilRES. He 1594

shall render an annual report after the end of each calendar year and such other financial 1595

reports as the National Directorate or the President may from time to time require; 1596

1597

d) Receive and give receipts for all moneys or properties paid or donated to PhilRES from 1598

any source whatsoever, and generally to perform such other duties as may he required by 1599

law or prescribed by the National Directorate. 1600

1601

e) The Treasurer may delegate as may be necessary the routine duties of his office to one or 1602

more employees or officer or Trustee of PhilRES upon the approval of the National 1603

Directorate. 1604

1605

f. The Treasurer shall have the powers, authorities and perform such other duties as the 1606

National Directorate may from time to time assign to him. 1607

1608

g. The Treasurer shall jointly with the Secretary General submit a certified list of Members 1609

in Good Standing to the Comelec prior to the holding of any elections. 1610

1611

The Vice President & Treasurer shall have the powers, authorities, duties, functions and 1612

responsibilities the National Directorate may from time to time assign to him. 1613

1614

1615

Section 56. Vice President for Membership 1616 There shall be a Vice President for Membership who shall be a Trustee, and shall perform all 1617


1619

a) Be the Presiding Officer of the Membership Committee; 1620

1621

b) Update the National Directorate on the membership status; 1622

1623

c) Organize, monitor and coordinate with the Vice President for Chapter Development & 1624

Chapter Affairs nationwide. 1625




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The Vice President for Membership shall have the powers, authorities, duties, functions and 1626

responsibilities the President or the National Directorate may from time to time assign to 1627

him/her. 1628

1629

1630

Section 57. Vice President for Chapter Development 1631

& Chapter Affairs 1632 There shall be a Vice President for Chapter Development & Chapter Affairs who shall be a 1633

Trustee, and shall perform all duties as customary to his office. In addition he/she shall: 1634

1635

a) Be the Presiding Officer of the Chapter Development & Chapter Affairs Committee; 1636

1637

b) Update the National Directorate on the status of chapter organizations & chapter affairs; 1638

1639

d) Organize, monitor and coordinate with the Vice President for Membership on the 1640

developments and status of Local Chapters nationwide; 1641

1642

e) Coordinate with the respective Regional Vice Presidents on the status of chapter 1643

organization, chapter affairs and their respective plans and programs with those of 1644

PhilRES-National. 1645

1646

The Vice President for Chapter Development & Chapter Affairs shall have the powers, 1647

authorities, duties, functions and responsibilities the President or the National Directorate may 1648

from time to time assign to him/her. 1649

1650

1651

Section 58. Regional Vice-Presidents 1652 There shall be six (6) Regional Vice-Presidents who shall be all Trustees and who shall be 1653

elected from the Local Chapter Past Presidents who are Members in Good Standing of the Local 1654

Chapter of the following the regional area jurisdictions NCR1, NCR2, North Luzon, South 1655

Luzon, Visayas, and Mindanao. 1656

1657

The Regional Vice President’s function is to coordinate their Region’s activities, plans and 1658

programs and other matters with the PhilRES-National thru the Vice President for Chapter 1659

Development & Chapter Affairs. 1660

1661

The Regional Vice-Presidents shall have the powers, authorities, duties, functions and 1662

responsibilities the National Directorate may from time to time assign to them. 1663

1664

1665

Section 59. Vice President for Administration 1666 There shall be a Vice President for Administration who shall be a Trustee and who shall perform 1667

all duties as customary to his office. In addition he/she shall: 1668

1669

a) Be under the over-all operational and management supervision of the Secretary General 1670

in running the National Secretariat Office; 1671

1672

b) Responsible for the Administrative organization of the association and the hiring of the 1673

employees and staff; 1674




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c) Responsible for the records and inventory on assets of the association that are deposited 1675

in PhilRES Office; 1676

1677

d) Approves the use of the PhilRES facilities. 1678

1679

The Vice President for Administration shall have the powers, authorities, duties, functions and 1680


him/her. 1682

1683

1684

Section 60. Secretary General 1685 There shall be a Secretary General who shall be a Trustee, and shall perform all duties as 1686

customary to the Office of the Secretary General. 1687

1688

The Secretary General shall: 1689

a) prepare, record and keep full minutes of all meetings of the National Directorate and of 1690

the members; 1691

1692

b) give, or cause to be given, all notices required by the law or by the By-Laws of PhilRES 1693

as well as notices of all meetings of the National Directorate and of the members; 1694

1695

c) perform such other duties as may be prescribed by the National Directorate or the 1696

President; 1697

1698

d) have supervision over PhilRES' National Secretariat Office and other duties usual to such 1699

office; 1700

1701

e) keep and safeguard all records of PhilRES within the National Secretariat Office 1702

confines at all times or at any other location or place as duly approved by the National 1703

Directorate; 1704

1705

f) certify as to the membership status and eligibility of all members as duly noted by the 1706

President. However, no Secretary General performing as such only in an “Acting” 1707

capacity or Assistant Secretary General may issue eligibility or membership status of any 1708

member or members; 1709

1710

The Secretary General shall jointly with the Treasurer and the Vice President for 1711

Membership submit a certified list of Members in Good Standing to the Comelec prior to 1712

the holding of any elections. 1713

1714

g) furnish all new members a faithful reproduction of the By-Laws of PhilRES prior to their 1715

formal induction as members into PhilRES; 1716

1717

h) certify as to the presence of a quorum in all national meetings of PhilRES. 1718

1719

The Secretary General shall have the powers, authorities, duties, functions and responsibilities 1720

the President or National Directorate may from time to time assign to him. 1721




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Section 61. Vice President for Academe 1722 There shall be a Vice President for Academe who shall perform all duties as customary to his 1723

office. In addition he/she shall: 1724

1725

a. Be the Presiding Officer of the Curriculum Development and Coordinating Committee; 1726

1727

b. Update the National Directorate on the status of Curriculum Development and 1728

Coordinating Committee in cooperation with the Commission on Higher Education 1729

(CHED); 1730

1731

c. Prescribe and/or propose guidelines and criteria for the Continuing Professional 1732

Education (CPE) program for real estate service practitioners in consultation with the 1733

Professional Regulatory Board of Real Estate Service (PRBRES) after the approval of 1734

PhilRES National Directorate; 1735

1736

The Vice President for Academe shall have the powers, authorities, duties, functions and 1737


him/her. 1739

1740

1741

Section 62. Vice-President for Public Information and External Affairs 1742 There shall be a Vice-President for Public Information Officer who shall have the powers, 1743

authorities, duties, functions and responsibilities the President or the National Directorate may 1744

from time to time assign to him/her. 1745

1746

1747

Section 63. Vice President for Finance and Investments 1748 There shall be a Vice President for Finance and Investments who shall perform all duties as 1749

customary to his office. In addition he/she shall: 1750

1751

a) Responsible for the budgetary preparations and requirements of the association during 1752

its calendar year; 1753

1754

b) Prepares Financial Reports for the National Directorate consumption, during Annual 1755

General Membership Meetings and submission of the said report to the BIR, SEC and 1756

appropriate regulatory agencies; 1757

1758

c) Shall coordinate with the Internal Auditor and the External Auditor. 1759

1760

The Vice President for Finance and Investments shall have the powers, authorities, duties, 1761

functions and responsibilities the President or the National Directorate may from time to time 1762

assign to him/her. 1763

1764

1765

Section 64. Vice President for Internal Audit 1766 There shall be a Vice President for Internal Audit who shall be a Trustee and who performs all 1767

duties as customary to his office. 1768

1769

The Vice President for Internal Audit shall be the Chairperson of the Internal Audit Team and 1770

must be a Certified Public Accountant (CPA). 1771




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The Vice President for Internal Audit shall have the powers, authorities, duties, functions and 1772


him/her. 1774

1775

1776

Section 65. Vice-President for International Affairs & Affiliations 1777 There shall be a Vice President for International Affairs & Affiliations who shall perform all 1778

duties as customary to the office. 1779

1780

The Vice President for International Affairs & Affiliations shall have the powers, authorities, 1781

duties, functions and responsibilities the President or the National Directorate may from time to 1782

time assign to him/her. 1783

1784

1785

Section 66. Assistant Secretary General 1786 There shall be a Vice President who shall assume the powers and responsibilities of the office of 1787

the Assistant Secretary General upon formal notice to do so by the Secretary General or upon 1788

lawful order of the National Directorate and perform all duties as customary to the Office of the 1789

Assistant Secretary General. 1790

1791

The Assistant Secretary General shall have the powers, authorities, duties, functions and 1792

responsibilities the President or National Directorate may from time to time assign to him/her. 1793

1794

1795

Section 67. Vice President & Assistant Treasurer 1796 There shall be a Vice President & Assistant Treasurer who performs all duties as customary to 1797

his office. 1798

1799

The Vice President & Assistant Treasurer shall have the powers, authorities, duties, functions 1800

and responsibilities the National Directorate may from time to time assign to him/her. 1801

1802

1803

Section 68. Vacancies in and Delegation of Officers 1804 The corporate modes of succession as specified in the Corporation Code of the Philippines as 1805

amended shall be followed unless otherwise specifically specified in these By-Laws. 1806

1807

Should the office of any of the National Trustees becomes vacant, except by recall, 1808

impeachment or end of term of office, by death, resignation or permanent incapacity of the 1809

incumbent, the remaining National Trustees, if still constituting a quorum may by majority vote 1810

choose a successor or successors who shall hold office for the unexpired term of the vacant 1811

office. 1812

1813

In case of the temporary absence of any officer of PhilRES, or for any other reason, the National 1814

Directorate may delegate the powers and duties of such officer to any other officer or to any 1815

National Trustee for the time being, provided a majority of the National Directorate concur 1816

therein and such delegation is not contrary to any provision of these By-Laws. 1817




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ARTICLE XI. 1818

NATIONAL MEETINGS 1819

1820

Section 69. Who May Participate 1821 a) All Members may attend Regular General Membership Meetings and Special General 1822

Membership Meetings provided that these Members pay the assessment fees charged for the 1823

meetings. 1824

1825

b) Only Regular Members in Good Standing with PhilRES shall have the right to give and 1826

receive proxies, vote and be voted upon in all meetings and elections. 1827

1828

c) Only Regular Members in Good Standing may make motions, clarifications, second any 1829

motion, approve, disapprove or object to any motions in any discussion, debate in all 1830

meetings and elections or division of the house. 1831

1832

1833

Section 70. Place 1834

All meetings of the members shall be regularly held at the principal office of PhilRES, unless 1835

written notice of such meetings should set another place. 1836

1837

1838

Section 71. Proxy 1839 1. Proxies shall be in writing and in the form as prescribed by the National Directorate and 1840

may be given only by Regular Members in Good Standing to other Regular Members in 1841

Good Standing who will physically attend any duly scheduled Regular or Special 1842

Meeting. 1843

1844

2. Proxies shall only be used together with all physically present Regular Members in Good 1845

Standing during any regular meeting, special meeting or elections to determine the 1846

presence of quorum. 1847

1848

3. Only Regular Members in Good Standing who are physically present at all meetings 1849

and/or elections may vote. 1850

1851


and/or elections who have been nominated and qualified by their Local Chapter to be 1853

included in the Local Chapter Roster of Qualified and Eligible Candidates for 1854

submission to and qualification and approval by the Comelec to be included in the 1855

National Roster of Qualified and Eligible Candidates to the National Elections may be 1856

voted upon. 1857

1858

1859

Section 72. Quorum 1860 No general members' meeting shall be competent to decide any matter or transact any business 1861

unless a quorum of all the members in good standing and represented thereat by proxies are 1862

present. 1863

1864

Proxies shall only be used together with all physically present Regular Members in Good 1865

Standing during any regular meeting, special meeting or elections to determine the presence of a 1866

quorum. 1867




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Section 73. Annual Meeting 1868 The Annual National General Membership Meeting and Elections of PhilRES shall be held 1869

every 18th

day of the month of November of each calendar year and notices of Annual General 1870

Membership Meeting and Elections shall be sent out to all Members in Good Standing of 1871

PhilRES at least fifteen (15) calendar days prior to such meeting. 1872

1873

Notices of all other Regular National General Membership Meeting and Elections or Special 1874

General Membership Meetings and Elections shall be mailed, e-mailed, faxed or sent by special 1875

courier or messengerial service by the Secretary General at least ten calendar (10) days before 1876

the date set for the meeting. 1877

1878

Waiver of Notice of Meeting for Regular National General Membership Meeting and Elections 1879

or Special General Membership Meetings and Elections shall not be allowed. 1880

1881

1882

Section 74. Special Meetings 1883 Special General Membership Meetings may be called by the Chairman of the National 1884

Directorate and/or by the President at his discretion, or upon written request of twelve (12) 1885

National Trustees. 1886

1887

A written notice stating the date, time and place of meeting and the general nature of the 1888

business to be transacted shall be sent to each member at least four (4) days before the date of 1889

such special meeting. 1890

1891

Waiver of Notice of Special General Membership Meeting shall not be allowed. 1892

1893

1894

Section 75. Order of Business 1895 The order of business at any Regular National Annual General Membership Meeting and 1896

Elections or Special General Membership Meeting shall be as follows: 1897

1898

I. Proof of service of the required notice of the Annual General Membership Meeting, 1899

except when waived by the members constituting the quorum; 1900

1901

II. Proof of the presence of a Quorum; 1902

1903

III. Approval of the following agenda: 1904

a) Reading and approval of the minutes of the previous annual meeting, except 1905

when such reading is dispensed with by a majority votes of those presence; 1906

b) Discussion of Unfinished business; 1907

c) Treasurer’s Financial Report; 1908

d) Report of the President; 1909

e) Election of the Members of the National Directorate; and 1910

f) Other Matters. 1911

1912

IV. Adjournment. 1913




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Section 76. Minutes 1914 Minutes of all meetings of the members shall be kept and carefully preserved as a record of the 1915

business transacted at such meetings by the Secretary General. The minutes shall contain such 1916

entries as may be required by law. 1917

1918

1919

1920

ARTICLE XII. 1921

EXECUTIVE COMMITTEE & MANAGEMENT COMMITTEE 1922

1923

Section 77. Powers of the Executive Committee 1924 Subject at all times to the direction and control of the National Directorate, the Executive 1925

Committee shall have and may exercise the power to meet and decide on all matters relating to 1926

the management of the affairs and business of PhilRES of utmost importance and urgency when 1927

the whole National Directorate is not in a position to meet, except on matters specifically 1928

restricted under the Corporation Code of the Philippines. 1929

1930

The presence of the majority including the President shall constitute a quorum in all meetings of 1931

the Executive Committee. However, any and all actions of the Executive Committee shall be 1932

decided by a majority vote of all its members and that the same shall be reported for ratification 1933

by the National Directorate during the National Directorate next meeting. 1934

1935

The Executive Committee (Execom) shall be composed of following: 1936

1937

a. Chairman of the Board, 1938

b. Vice Chairman of the Board, 1939

c. President, 1940

d. Executive Vice President, 1941

e. Secretary General, 1942

f. Treasurer, 1943

g. Vice President for Consultants, 1944

h. Vice President for Appraisers, 1945

i. Vice President for Brokers, 1946

j. Vice President Government Assessors, 1947

k. Vice President for Appraisers, 1948

l. Vice President for Membership, 1949

m. Vice President for Chapter Development & Chapter Affairs, 1950

n. Vice President for Administration. 1951

o. Vice President for Internal Audit, 1952

p. Vice President for Academe, 1953

q. Vice-President for Public Information and External Affairs, 1954

r. Vice President for International Affairs & Affiliations, 1955

s. Vice President & Assistant Secretary General, and 1956

t. Vice President & Assistant Treasurer. 1957

1958

The existence of a quorum shall be necessary to conduct the regular business of the Executive 1959

Committee to be valid. 1960




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Section 78. Management Committee 1961 1. The Management Committee (Mancom) is composed of the following: 1962

1963

a. President, 1964

b. Executive Vice President, 1965

c. Secretary General, 1966

d. Vice President for Administration; and 1967

d. Treasurer. 1968

1969

1970

2. The Management Committee shall aid in the day to day operations of the organization. lt 1971

evaluates the performances of the PhilRES personnel periodically as may be necessary 1972

and endorses recommendations of such evaluations to the National Directorate for proper 1973

actions. 1974

1975

The presence of a quorum shall be necessary to conduct the regular business of the Management 1976

Committee to be valid. 1977

1978

1979

1980

ARTICLE XIII. 1981

NATIONAL ADMINISTRATION OFFICE 1982

(PhilRES-National) 1983

1984

Section 79. National Office and Local Chapter Administration 1985 1. The National Directorate shall establish and adopt the administrative structure of 1986

PhilRES-National and its Local Chapters to be known hereinafter as “The Administrative 1987

Structure of Local Chapters of PhilRES”, policies and procedures for the effective and 1988

efficient management of the day to day operations of PhilRES in accordance with the 1989

provisions of these By-Laws. 1990

1991

2. “The Administrative Structure of Local Chapters of PhilRES” shall be composed of the 1992

provinces, first class municipalities and cities that make up the SIX (6) Regional Area 1993

Jurisdictions. 1994

1995

The six (6) Regional Area Jurisdictions are composed of National Capital Region 1 1996

(NCR1), National Capital Region 2 (NCR2), North Luzon, South Luzon, Visayas and 1997

Mindanao. 1998

1999

3. The rank and file administrative, operating and service personnel of the National 2000

Administration Office (PhilRES-National) shall function under the direct supervision of 2001

the Management Committee through the Office of the Secretary General and the Vice 2002

President for Administration. 2003

2004

PhilRES-National shall always be composed of regular, qualified and career employees 2005

who are non-Regular and/or non-Associate Members of PhilRES. 2006

2007

The Local Chapter Secretariat offices’ rank and file administrative, operating and service 2008

personnel of PhilRES shall likewise be always composed of regular, qualified and career 2009

employees who are non-Regular and/or non-Associate Members of PhilRES. 2010




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Section 80. NCR1 Regional Area Jurisdiction 2011 The NCR1 Regional Area Jurisdiction shall be composed of the following cities and 2012

municipalities: 2013

2014

1. City of Valenzuela; 2015

2. City of Navotas; 2016

3. City of Malabon; 2017

4. Kalookan City; 2018

5. Quezon City; 2019

6. City of Marikina; 2020

7. City of San Juan; 2021

8. City of Mandaluyong; 2022

9. Municipality of Rodriguez; 2023

10. Municipality of San Mateo. 2024

2025

2026

Section 81. NCR2 Regional Area Jurisdiction 2027 The NCR2 Regional Area Jurisdiction shall be composed of the following cities and 2028

municipalities: 2029

2030

1. City of Manila; 2031

2. Pasay City. 2032

3. City of Makati; 2033

4. City of Las Pinas; 2034

5. City of Paranaque; 2035

6. Municipality of Taguig City; 2036

7. City of Muntinglupa; 2037

8. City of Pasig; 2038

9. Cainta City; 2039

10. Municipality of Pateros; 2040

11. Municipality of Taguig. 2041

2042

2043

Section 82. North Luzon Regional Area Jurisdiction 2044 The North Luzon Regional Area Jurisdiction shall be composed of the provinces, first class 2045

municipalities and cities that make up the political and geographic jurisdictions of: 2046

2047

Region 01 Ilocos Region; 2048

Region 02 Cagayan Valley; 2049

Region 03 Central Luzon; 2050

Region 14 Cordillera Administrative Region. 2051

2052

2053

Section 83. South Luzon Regional Area Jurisdiction 2054 The South Luzon Regional Area Jurisdiction shall be composed of the provinces, first class 2055


2057

Region 04a Calabarzon; 2058

Region 04b Mimaropa; 2059

Region 05 Bicol Region. 2060




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Section 84. Visayas Regional Area Jurisdiction 2061 The Visayas Regional Area Jurisdiction shall be composed of the provinces, first class 2062


2064

Region 06 Western Visayas; 2065

Region 07 Central Visayas. 2066

2067

2068

Section 85. Mindanao Regional Area Jurisdiction 2069 The Mindanao Regional Area Jurisdiction shall be composed of the provinces, first class 2070


2072

Region 09 Zamboanga Peninsula; 2073

Region 10 Northern Mindanao; 2074

Region 11 Davao Region; 2075

Region 12 Soccsksargen; 2076

Region 13 Caraga; 2077

Region 15 Autonomous Region In Muslim Mindanao. 2078

2079

2080

2081

ARTICLE XIV. 2082

ELECTIONS 2083

& 2084

ELECTION of NATIONAL OFFICERS and NATIONAL TRUSTEES 2085

2086

Section 86. Eligible Nominees 2087 1. Only Past National Presidents of PhilRES who are Members in Good Standing shall be 2088

eligible to be selected for inclusion into the Local Chapter Roster of Qualified and 2089

Eligible Candidates that shall be submitted to the Comelec for qualification and approval 2090

by the Comelec to be qualified and included into the National Roster of Qualified and 2091

Eligible Candidates for election into the position of Chairman and Vice Chairman of the 2092

National Directorate of PhilRES. 2093

2094

2095

2. Only Local Chapter Past Presidents of PhilRES who are Members in Good Standing, are 2096

eligible to be selected and included to the Local Chapter Roster of Qualified and Eligible 2097

Candidates that shall be submitted to the Comelec for qualification and approval by the 2098

Comelec to be qualified and included into the National Roster of Qualified and Eligible 2099

Candidates for election into the position of President, Executive Vice President, and 2100

Regional Vice Presidents of the National Directorate, unless otherwise provided for in 2101

these PhilRES By-Laws. 2102

2103

2104

3. All Members in Good Standing of Local Chapters are automatically eligible to be 2105

selected and included in the Local Chapter Roster of Qualified and Eligible Candidate 2106

official nominee representatives, unless otherwise provided for in these PhilRES By-2107

Laws. 2108




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Each Local Chapter shall select their official nominee representatives for inclusion into 2109

the Local Chapter Roster of Qualified and Eligible Candidates by secret ballot from the 2110

Local Chapter Members in Good Standing. 2111

2112

Only one (1) eligible Local Chapter Member receiving the highest number of votes cast 2113

by secret ballot of all the Local Chapter members in good standing for each of the 2114

following national elective positions: 2115

2116

1. Chairman of the Board of the National Directorate; 2117

2. Vice-Chairman of the Board of the National Directorate; 2118

3. President; 2119

4. Executive Vice-President; 2120

5. Vice President for Consultants; 2121

6. Vice President for Appraiser; 2122

7. Vice President for Brokers; 2123

8. Vice President for Government Assessors; 2124

9. Vice President for Government Appraisers; 2125

10. Vice President for Treasury; 2126

11. Vice President for Membership; 2127

12. Vice President for Chapter Development & Chapter Affairs; 2128

13. Vice President for Administration; 2129

14. Vice President for Internal Audit; 2130

15. Regional Vice-President; 2131

16. Secretary General; 2132

2133

shall be the Local Chapter’s representative nominee to be officially endorsed to the 2134

Comelec for inclusion into the National Roster of Qualified and Eligible Candidates to 2135

the National Elections for election into the National Directorate except otherwise 2136

provided for in these By-Laws. 2137

2138

2139

4. The non-availability of any eligible nominee representative in any of the categories does 2140

grant additional nominees to the Local Chapter in the other categories. 2141

2142

2143

5. A member may be nominated into more than one elective position provided that the 2144

member possesses the required qualifications to be nominated and elected into such 2145

elective position. 2146

2147

2148

6. A non-voting Associate Member nominee representative to Associate Members’ Pool of 2149

Nominees from which the National Board of Trustees-Elect shall choose the Associate 2150

Member representative to the National Directorate shall be selected by the Associate 2151

Members in Good Standing of the Local Chapter from among themselves by secret 2152

ballot. 2153

2154

The Associate Member garnering the highest number of votes cast by secret ballot by the 2155

Associate Members in Good Standing shall be the Local Chapter’s Associate Member 2156

nominee representative to Associate Members’ Pool of Nominees. 2157




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Section 87. Election of the National Directorate 2158 1. The Election of the National Directorate shall precede the elections for officers and 2159

trustees of the Local Chapters. 2160

2161

2162

2. No member who has already been elected or appointed in any national position may be 2163

concurrently elected or appointed in any Local Chapter. 2164

2165

2166

3. Elections for Local Chapters shall be held not earlier than fifteen (15) days after the 2167

election of the National Directorate and Officers of PhilRES and shall be conducted by 2168

the Local Chapter Comelec within their respective territorial jurisdictions. 2169

2170

2171

4. Election of the National Directorate shall consist of Twenty-One (21) National Trustees 2172

who shall be elected every year and who shall serve and function in their respective 2173

offices for the particular position they were elected into for one (1) year until their 2174

successors have been duly qualified and elected into office. 2175

2176

The National Directorate shall serve from January 01 of every year until December 31 2177

of the same year unless otherwise specifically provided for in the By Laws. 2178

2179

2180

5. The National Directorate shall be elected annually every 18th

of November by plurality 2181

vote by all Members in Good Standing as qualified by the Comelec during the Annual 2182

General Membership Meeting and Elections from the National Roster of Qualified and 2183

Eligible Candidates to the National Elections from NCR1, NCR2, North Luzon, South 2184

Luzon, Visayas, and Mindanao. 2185

2186

2187


and/or elections may vote. 2189

2190

2191


and/or elections who have been selected and included in the National Roster of Qualified 2193

and Eligible Candidates to the National Elections as Local Chapter nominee 2194

representatives for election may be voted upon for the particular position they were 2195

nominated for. 2196

2197

2198

8. In case of the failure to elect the minimum number of government sector representatives 2199

as required pursuant to Section 88 (A) Article XIV of these By-Laws, the vacant 2200

positions may not be filled by electing non-government representatives to the position. 2201

2202

The Trustees-elect shall by majority vote, choose a Member in Good Standing from the 2203

government sector from any regional area jurisdiction to fill that position mandated by 2204

these By-Laws to be occupied by a real estate practitioner from the government sector. 2205




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9. An eligible member who has been nominated into more than one (1) elective position 2206

may only serve and function in the highest elective position he was voted into and is 2207

automatically disqualified from being considered as a qualified candidate in the other 2208

lower positions. 2209

2210

The Comelec shall canvass and declare the winning Trustees-elect pursuant to the 2211

following sequence and priority: 2212

2213

1. Chairman of the Board of the National Directorate; 2214

2. Vice-Chairman of the Board of the National Directorate; 2215

3. President; 2216








11. Regional Vice-President NCR1; 2224

12. Regional Vice-President NCR2; 2225

13. Regional Vice-President North Luzon; 2226

14. Regional Vice-President South Luzon; 2227

15. Regional Vice-President Visayas; 2228

16. Regional Vice-President Mindanao; 2229





21. Vice President for Internal Audit. 2234

2235

2236

Section 88. Composition of the National Directorate 2237 A. One third (1/3) of the National Directorate seats (equivalent to seven [7] board seats) shall be 2238

allotted to the licensed real estate practitioners from the eligible and qualified government 2239

sector representatives from local government assessors, government appraisers of 2240

government owned and/or controlled corporations and financial institutes whose names 2241

appear in the National Roster of Qualified and Eligible Candidates to the National Elections 2242

unless there are no eligible and qualified candidates present during said elections. 2243

2244

B. There shall be three (3) National Trustees who are Regular Members in Good Standing 2245

elected representing the real estate consultants sector from the eligible and qualified 2246

consultants whose names appear in the National Roster of Qualified and Eligible Candidates 2247

to the National Elections; 2248

2249

C. There shall be four (4) National Trustees who are Regular Members in Good Standing 2250

elected representing the real estate appraisers sector from the eligible and qualified real 2251

estate appraisers whose names appear in the National Roster of Qualified and Eligible 2252

Candidates to the National Elections; 2253




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D. There shall be seven (7) Trustees who are Regular Members in Good Standing elected 2254

representing the real estate brokers sector from the eligible and qualified real estate brokers 2255

whose names appear in the National Roster of Qualified and Eligible Candidates to the 2256

National Elections; 2257

2258

E. A non-voting Associate Member representative to the National Directorate shall be selected 2259

by the members of the National Directorate-elect from among the Associate Members’ Pool 2260

of Nominees to act as an official observer of the Associate Members during meetings of the 2261

National Directorate but would not have any right to enjoy the right and privilege to vote, 2262

make motions or, interpellate any National Trustee. 2263

2264

2265

Section 89. Rotation for the Election of the Chairman of the Board of Trustees 2266 An eligible candidate for election into the position of Chairman and Vice Chairman of the 2267

National Directorate must be a past president of PhilRES, and shall be rotated from the regional 2268

area jurisdictions in the following order, namely: Mindanao; NCR1; South Luzon; NCR2; 2269

Visayas; North Luzon and thereafter back to Mindanao in the order of its sequence unless 2270

otherwise provided for in these By-Laws. 2271

2272

Should there be no eligible nominee from a particular region in a given year, that region will 2273

lose its right to elect a Chairman of the National Directorate from its region and the region 2274

immediately following in the sequence of rotation shall have the right to elect the Chairman of 2275

the National Directorate from its region unless expressly provided for in these By-Laws. 2276

2277

The sequence of electing the Chairman of the National Directorate shall then proceed in the 2278

original order of sequence. 2279

2280

2281

Section 90. Rotation for the Election of the President 2282 The President position shall be elected by the general membership from the eligible and 2283

qualified Local Chapter official nominee representatives to the National Roster of Qualified and 2284

Eligible Candidates to the National Elections which shall be rotated from the Regional Area 2285

Jurisdictions in the following order, namely: NCR1; Mindanao; South Luzon; NCR2; Visayas; 2286

North Luzon and thereafter back to NCR1 in the order of its sequence. 2287

2288

Only Past Presidents of PhilRES Local Chapters who are Members in Good Standing of 2289

PhilRES, shall be eligible to be selected and endorsed to the Comelec for inclusion into the 2290

National Roster of Qualified and Eligible Candidates to the National Elections as the Local 2291

Chapter nominees for election into the position of President and of Executive Vice President of 2292

the National Directorate of PhilRES. 2293

2294

2295

Section 91 Annual General Membership Meeting and Elections 2296 The Annual General Membership Meeting and Elections of Phi1RES shall be held every 18

th of 2297

November of each calendar year, when all the Members in Good Standing as qualified by the 2298

Comelec shall elect by a plurality vote by ballot into the particular position they were nominated 2299

into by their Local Chapters, a National Directorate of Twenty-One (21) Trustees to serve for 2300

one year until their successors are qualified and elected. 2301




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The Regular Members in Good Standing whose names appear in the National Roster of 2302

Qualified and Eligible Candidates to the National Elections, as provided for in these By-Laws, 2303

receiving the highest number of votes cast for each position by all Regular Members in Good 2304

Standing voting in the election shall be the Trustees-Elect. 2305

2306

Only Regular Members in Good Standing who are physically present at all meetings and/or 2307

elections may vote. 2308

2309

Only Regular Members in Good Standing who are physically present at all elections who have 2310

been selected and included to the National Roster of Qualified and Eligible Candidates to the 2311

National Elections as Local Chapter nominee representatives for election may be voted upon 2312

only in the particular position they were officially nominated for. 2313

2314

2315

Section 92. Procedures in Breaking Ties 2316 1. In case of a tie for the votes cast for a National Trustee position of the National 2317

Directorate other than for the position of Chairman of the National Directorate, the tie 2318

may only be broken by secret ballot among those other Trustees-Elect not affected by the 2319

tie, excluding the Chairman-elect of the National Directorate. 2320

2321

The candidate/s that receives the highest number of votes cast by those other Trustees-2322

Elect not affected by the tie shall be the Trustee/s-Elect that shall occupy the Trustee-2323

elect for that specific position in the National Directorate. 2324

2325

If a tie should still exist after the National Trustees-Elect shall have cast their votes to 2326

break the initial tie for a National Trustee position, then the Chairman-elect of the Board 2327

of Trustee shall break the tie. 2328

2329

2. In case of a tie for the votes cast for the specific elective position of Chairman-elect of 2330

the National Directorate, the tie may only be broken by secret ballot among those other 2331

Trustees-Elect not affected by the tie. 2332

2333

2334

Section 93. Eligibility Qualifications 2335 1. All Regular Members in Good Standing shall be eligible to nominate, be nominated, give 2336

proxy, receive proxy/ies, vote and be voted upon in any election, provided that the Regular 2337

Member shall: 2338

2339

a) Have at least twelve (12) months continuous minimum residency in PhilRES as a 2340

member in good standing; 2341

2342

b) Be a possessor of a valid license and valid Professional Identification Card as a Real 2343

Estate Service Practitioner; 2344

2345

c) Shall have fully paid all PhilRES dues and assessments including that of his/her chapter 2346

on time; 2347

2348

d) Declare his/her “Local Charter of Choice” if the Individual Member is a member of more 2349

than One (1) Local Chapter. The “Local Charter of Choice” of the Individual Member 2350

shall be where that individual member may nominate, be nominated, give proxy, receive 2351




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proxies, vote and be voted upon. 2352

2353

e) Have not have been convicted of any crime involving moral turpitude; 2354

2355

f) Have any other qualifications as may be determined by the Comelec. 2356

2357

2358

2. All Regular Members in Good Standing shall be eligible to be voted upon in any position in 2359

any election, provided that the Regular Member shall: 2360

2361

a) Have at least twelve (12) months continuous minimum residency in PhilRES as a 2362

member in good standing; 2363

2364

b) Have been endorsed by his/her local Chapter in the region where he/she is a member and 2365

whose name appears in the National Roster of Qualified and Eligible Candidates to the 2366

Local Chapter Elections or National Elections in the specific position the member was 2367

nominated into; 2368

2369

c) Have accepted the nomination to serve in any position and have pledged to adhere and 2370

abide the by-laws of PhilRES; 2371

2372

d) Be a possessor of a valid license and valid Professional Identification Card as a Real 2373

Estate Service Practitioner; 2374

2375

e) Shall have fully paid all PhilRES dues and assessments including that of his/her chapter 2376

on time; 2377

2378

f) Have not have been convicted of any crime involving moral turpitude; 2379

2380

g) Have not been involved in any act or a member of an association/organization with 2381

purposes/activities directly or indirectly inimical or inconsistent to PhilRES’ purposes; 2382

and 2383

2384

h) Any other qualifications as may be determined by the Comelec. 2385

2386

2387

3. No Regular Member may run for re-election as President or Local Chapter President 2388

immediately (a) after their term has expired, or (b) who was not able to perform his/her 2389

regular duties and functions (on leave) as of the end of his/her term, or (c) who was not able 2390

to finish as his/her term for whatever reason, as President or Local Chapter President. 2391

2392

2393

4. No Regular Member shall be elected as a National Trustee and/or be appointed to any 2394

national committee chairman position for more than three (3) consecutive terms. 2395

2396

2397

5. No Regular Member shall be elected as a Local Chapter Trustee and/or be appointed to any 2398

Local Chapter committee chairman position for more than three (3) consecutive terms unless 2399

otherwise provided for by the Local Chapter respective by-laws as far as Committee 2400

Chairman position is concerned. 2401




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6. No Regular Member or Associate Member or any of their relatives within the second (2nd

) 2402

degree of consanguinity or affinity shall be employed as a regular or contractual employee of 2403

PhilRES-National or any of its Local Chapters. 2404

2405

2406

2407

ARTICLE XV. 2408

LOCAL CHAPTERS 2409

2410

Section 94. Purpose and Objectives in Creating Local Chapters 2411 The purpose and objectives of creating a Local Chapter are the following: 2412

2413

1. To promote maximum participation of all members in all activities and programs, in 2414

advancing the objectives of the organization and that of the real estate service profession; 2415

2416

2417

2. To be the extension of the national organization in the Chapter's territory or jurisdiction 2418

and to police the members within their respective jurisdiction. 2419

2420

2421

3. To implement and carry out all programs and projects of the national organization, 2422

except when the nature of a project requires direct implementation by the national 2423

organization. 2424

2425

2426

Section 95. Chapter Organization 2427 1. Governance 2428

2429

a. The National Directorate shall prescribe a set of uniform rules governing the 2430

administration and operation of Local Chapters which shall not be inconsistent 2431

with the Articles of Incorporation and By-Laws of PhilRES. 2432

2433

Exception or modifications of the rules and provisions for any specific Local 2434

Chapter shall not be allowed unless otherwise approved by the National 2435

Directorate and when so approved such modifications should be applicable for all 2436

other Local Chapters. 2437

2438

b. No act of a Local Chapter shall directly or indirectly nullify or contravene any 2439

provisions of these By-Laws and such rules and regulations adopted by the 2440

National Directorate; and 2441

2442

c. All Chapters shall be under the general supervision of their respective Regional 2443

Vice-Presidents as provided in these By-Laws. 2444

2445

2446

2. Formation of Chapter 2447

The National Directorate may, as it deems fit, organize or approve applications to 2448

organize Local Chapters. 2449




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The National Directorate shall organize or approve the organization of not more than one 2450

(1) Local Chapter for each province, each city or each First Class Municipality. 2451

2452

The National Directorate shall have the sole authority to approve and prescribe rules and 2453

regulations as prescribed and consistent with these By Laws for the creation or 2454

organization of a new Local Chapter. 2455

2456

2457

3. Authority and Duties of Chapters 2458

The following are the authority and duties of Local Chapters. Local Chapters shall: 2459

2460

a. Adopt a name which shall include the acronym “PhilRES-" as prefix of the Local 2461

Chapter’s name consistent with rules and regulations on Chapter nomenclature; 2462

2463

b. Cooperate with other Local Chapters, Regional and National organizations upon 2464

consultation and with the permission of the National Directorate to further the 2465

interests of the members, and by agreement with these organizations, may 2466

represent and act for them only within the Local Chapter’s jurisdiction and 2467

domain. 2468

2469

Local Chapters seeking or intending to hold or conduct any activity which is 2470

outside and beyond its local chapter jurisdiction and territory are required to: 2471

2472

b.1 Formally notify the National Directorate in writing at least thirty 2473

(30) days prior to the holding of any activity outside and beyond 2474

its local chapter jurisdiction and territory of its intention to hold an 2475

activity; 2476

2477

b.2 Formally notify in writing the Local Chapter within whose local 2478

chapter jurisdiction and territory the intended activity is to be held 2479

and seek its permission at least thirty (30) days prior to the holding 2480

of the activity; 2481

2482

c. Collect PhilRES-National and Local Chapter Annual Membership Dues; 2483

2484

d. Implement all programs and projects of PhilRES-National; and 2485

2486

e. Perform such other functions and duties as may be assigned by the Regional 2487

Vice-President which shall be consistent with the plans and programs of the 2488


2490

2491

4. Chapter in Good Standing 2492

2493

a. To be in good standing for the current calendar year a Local Chapter 2494

2495

i. must have the minimum number of fifteen (15) members in good 2496

standing; and 2497




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ii. must have paid on time as prescribed in this By Laws the required 2498

Chapter Annual Fee at such reasonable amounts as determined by the 2499

Local Chapter Board of Trustees. 2500

2501

b. A Chapter in good standing shall be given the right to: 2502

2503

i. qualify members in good standing for inclusion into the National Roster 2504

of Qualified and Eligible Candidates for election or appointment as a 2505

National Trustee or National Officer; and 2506

ii. participate in various national awards, such as Most Outstanding Local 2507

Chapters, etc. 2508

2509

2510

Section 96. Administration of Chapters 2511 1. Composition 2512

The administration of each Local Chapter shall be vested in a Local Chapter Board of 2513

Trustees consisting of the following elected members. 2514

2515

a. Chapter President, 2516

b. Chapter Executive Vice President, 2517

c. Chapter Secretary, 2518

d. Chapter Treasurer, 2519

e. Chapter Auditor, 2520

f. Chapter Vice President for Consultants, 2521

g. Chapter Vice President for Appraiser, 2522

h. Chapter Vice Presidents for Brokers, 2523

i. Chapter Vice President for Government Appraiser, 2524

j. Chapter Vice {President for Government Assessors. 2525

2526

A non-voting Associate Member representative to the Local Chapter Board of Trustees 2527

shall be selected by the members of the Local Chapter Trustees-elect from among the list 2528

of Associate Members in Good Standing to act as an official observer of the Associate 2529

Members during meetings of the Local Chapter Board of Trustees but would not have 2530

any right to enjoy the right and privilege to vote, make motions or, interpellate any 2531

Trustee. 2532

2533

Should there be no eligible candidate for a particular sectoral category at any Local 2534

Chapter elections, a Regular Member in Good Standing from the particular sectoral 2535

category shall be appointed by the duly elected National Directorate from a list of Five 2536

(5) recommendees submitted by the President to the National Directorate to fill that 2537

particular vacant sectoral category for that particular election. 2538

2539

2540

2. Qualifications of Officers 2541

Candidate nominees at any elections for Chapter Officers must possess the following 2542

qualifications: 2543

2544

a. Regular membership in good standing of the Chapter; 2545




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b. Active participation in the affairs of the Chapter for at least two (2) years. This 2546

requirement does not apply for Local Chapters in the first two (2) years of 2547

formation; 2548

2549

c. Demonstrated leadership in professional, civic or community undertakings; 2550

2551

d. Good moral character and adherence to the PRC prescribed National Code of 2552

Ethics and Responsibilities and other authorized authorities; and 2553

2554

e. At least two (2) consecutive years of active practice of the profession. 2555

2556

2557

3. Term of Office 2558

2559

a. The members of the Chapter Board of Trustees shall serve for one (1) year from 2560

January 01 until December 31 of every year they are elected or until the 2561

successor shall have been qualified and elected. 2562

2563

b. No member of the Chapter Board of Trustees shall hold office and/or be 2564

appointed in any position for more than three (3) consecutive terms. 2565

2566

2567

4. Vacancy 2568

In case of vacancy during the term of office of any of the trustees or officers, the 2569

provision of law as embodied in the filling up of vacancies as enumerated in the 2570

Corporation Code of the Philippines shall apply unless otherwise provided for in this By-2571

Laws. 2572

2573

2574

5. Duties of Chapter Officers 2575

The duties of the Chapter Officers arc as follows: 2576

2577

a. President 2578

The President, who shall be a Trustee, shall perform all duties as customary to his 2579

office. He shall: 2580

2581

a.1 Be the Chief Executive Officer of his Local Chapter; 2582

2583

a.2 Preside at all Meetings and at the Annual General Membership Meeting 2584

and Elections; 2585

2586

a.3 Always be the Official Representative of his Local Chapter and act in its 2587

name subject to the declared policies of the Local Chapter and the 2588

National Directorate of PhilRES and the provisions of the standard 2589

PhilRES Local Chapter By-Laws; 2590

2591

a.4 Countersign all checks for disbursements of funds of his Local Chapter; 2592

2593

a.5 Submit an annual report to the members; 2594




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a.6 Serves as the Chief Executive Officer of the Chapter and as such shall 2595

exercise general supervision over the affairs thereof; 2596

2597

a.7 Ensures that the By-Laws as well as the resolutions, directives and 2598

policies issued in pursuance thereof by the Local Chapter Directorate, 2599

officers and committees acting within their respective legal authorities are 2600

complied with by the Chapter; 2601

2602

a.8 Presides over all the meetings of the Chapter Board of Trustees and the 2603

General Membership of the Chapter; 2604

2605

a.9 Organizes the Chapter committees; 2606

2607

a.10 Supervises all its committee works, and social and business affairs; 2608

2609

a.11 Signs contracts, directives and legal instruments which have been 2610

approved by the Chapter Board of Trustees; and 2611

2612

a.12 Represents the Chapter on all occasions and in all matters where it should 2613

be represented and submits reports and plans and programs of his Local 2614

Chapter to their respective Regional Vice Presidents. 2615

2616

b. Executive Vice President 2617

The Local Chapter Executive Vice President who shall be a Trustee, shall 2618

perform all duties as customary to his office and shall have the powers, 2619

authorities, duties, functions and responsibilities assigned and duties the Local 2620

Chapter President or Local Chapter Board of Trustees may from time to time 2621

assign to him. 2622

2623

The Executive Vice President shall: 2624

2625

b.1 assist the Local Chapter President of PhilRES in all matters; 2626

2627

b.2 take-over the duties and responsibilities in the temporary absence of the 2628

Local Chapter President; 2629

2630

b.3 represent his Local Chapter and act in its name subject to the declared 2631

policies of the Local Chapter Board of Trustees and the provisions of their 2632

Chapter By-Laws in the temporary absence of the Local Chapter 2633

President. 2634

2635

c. Secretary 2636

The Local Chapter Secretary who shall be a Trustee, shall perform all duties as 2637

customary to his office and shall have the powers, authorities, duties, functions 2638

and responsibilities assigned and duties the Local Chapter President or Local 2639

Chapter Board of Trustees may from time to time assign to him. 2640

2641

c.1 Issues and Certifies a duly notarized List of Regular Members and 2642

Associate Members in Good Standing as of 15 March of every year not 2643

later than 31 March of the same year and together with the Membership 2644




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Committee Chairman transmits the certified list to the Secretary General. 2645

This list shall also indicate its members with memberships with other 2646

local chapters and the “Local Chapter of Choice” of such member/s; 2647

2648

c.2 Issues all notices, circulars, records and supervise the proper recording of 2649

minutes of all Chapter meetings; 2650

2651

c.3 Takes charge and custody of all the legal correspondences of the Chapter; 2652

2653

c.4 Prepares and submits a quarterly accomplishment report to the respective 2654

Regional Vice President; 2655

2656

c.5 Safekeeping of all records for proper turnover to the next secretary; and 2657

2658

c.6 Performs such other matters as may, from time to time, be required of him 2659

by the Chapter President and the Local Chapter Board of Trustees. 2660

2661

d. Treasurer 2662

The Local Chapter Treasurer who shall be a Trustee, shall perform all duties as 2663




2667

d.1 Takes charge of the over-all supervision of the financial affairs of the 2668

Chapter; 2669

2670

d.2 Collects all fees, dues or contributions from the Chapter members as 2671

required by their Local Chapter By-Laws and as may be authorized by the 2672

Local Chapter Board of Trustees and/or by the PhilRES-National which 2673

are not inconsistent with the By-Laws. 2674

2675

The Local Chapter Treasurer shall forward to the Local Chapter Secretary 2676

before the end of the month of March of every year the List of Regular 2677

Members and Associate Members who have paid their required 2678

membership dues and other assessments or arrears, if any as of 15 March 2679

of every year; 2680

2681

d.3 Disburses funds as necessary and in accordance with approved accounting 2682

and auditing rules and procedures; 2683

2684

d.4 Signs all instruments of the Local Chapter wherein his signature is 2685

required by law and perform all such duties for the Chapter as may be 2686

assigned to him by the Chapter President and the Chapter Board of 2687

Trustees; 2688

2689

d.5 Remits to the Treasurer the national share of the national annual 2690

individual membership dues and Local Chapter membership dues and 2691

prepare an official report of the said remittance to the Chapter Board of 2692

Trustees; 2693




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d.7 Renders monthly report and audited annual financial report to the Chapter 2694

members and to the Treasurer regarding the receipt and disbursement of 2695

funds and their amounts under his/her responsibility; 2696

2697

d.8 Signs all checks, and all financial transactions, together with the Chapter 2698

President or another officer as may be designated by the Chapter Board of 2699

Trustees. 2700

2701

e. Local Chapter Auditor 2702

The Local Chapter Auditor who shall be a Trustee, shall conduct regular audit in 2703

accordance with the auditing rules and regulations and perform all duties as 2704




2708

The Local Chapter Auditor: 2709

2710

e.1 Conducts an overall independent review of all financial affairs to ensure 2711

check and balance of the business operations of the Chapter; and 2712

2713

e.2 Serves as a regular member of the Chapter Board of Trustees with voting 2714

rights. 2715

2716

2717

Section 97. Chapter Meetings 2718 1. The Chapter Board of Trustees shall hold meetings at least once a month that will not be 2719

in conflict with any previously set PhilRES-National activity; 2720

2721

2. The Chapter General Membership Meeting shall hold meetings in such frequency as the 2722

Chapter Board of Trustees decides. 2723

2724

During the meeting at such time and date in such place as may be agreed upon by its 2725

members, Chapter activities shall be discussed and the Chapter Treasurer shall render a 2726

report on the financial affairs of the Chapter; 2727

2728

3. No subject matter requiring a quorum shall be acted upon unless notice thereof is given 2729

to the members at least seven (7) days before the day of meeting. 2730

2731

2732

Section 98. Chapter Committees 2733 1. The Chapter Committees are but may not be limited to: 2734

2735

a. Committee on Internal Affairs 2736

b. Committee on Professional Practice 2737

c. Committee on Governmental and External Affairs 2738

d. Committee on Education 2739

e. Committee on Professional Development 2740

f. Committee on Continuing Professional Education 2741

g. Committee on Multi Listing or Property Listing 2742

h. Committee on Advocacy and Anti-Colorum 2743




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2. The Local Chapter Board of Trustees and/or the President shall have the power to create 2744

other committees at any time and appoint Chapter Committee Chairman and members 2745

subject to the confirmation of the Local Chapter Board of Trustees. 2746

2747

2748

Section 99. Revival of Inactive Chapters 2749 The National Directorate shall institute measures and policies concerning the revival of inactive 2750

Chapters. 2751

2752

2753

Section 100. Certificate of Chapter Registration 2754 A Certificate of Chapter Registration is issued to each Local Chapter that is organized which 2755

states the date of admission, classification as Chapter, territorial domain, Regional Area 2756

Jurisdiction classification, Chapter Charter Officers and Members; duly signed by the President, 2757

Secretary General, Regional Vice President and the Chairman of the Committee on Chapter 2758

Organization. lt shall bear the Official Seal of PhilRES. 2759

2760

2761

Section 101. Local Chapter Presidents Assembly (LCPA) 2762 1. Composition 2763

2764

a. The Local Chapter Presidents' Assembly is composed of all incumbent Local 2765

Chapter Presidents with the President, or his duly appointed representative who is 2766

also a National Trustee, as member. 2767

2768

b. The Officers of the Local Chapter Presidents' Assembly shall be: 2769

2770

b.1 CPA Chairperson; 2771

b.2 CPA Vice Chair; 2772

b.3 CPA Secretary; 2773

b.4 CPA Treasurer. 2774

2775

2776

2. Purposes for the Local Chapter Presidents’ Assembly 2777

The Local Chapter Presidents' Assembly meets either by Regional Area Jurisdiction or as 2778

a collective national body of Chapter Presidents for the following purposes: 2779

2780

a. To discuss and exchange ideas and monitor implementation of program and 2781

projects; 2782

2783

b. To compare results of programs and projects and evaluate difficulties and 2784

successes and recommend solutions to the problems; 2785

2786

c. To propose and endorse through their respective Regional Vice Presidents, to the 2787

National Directorate any needed amendments in the Local Chapter By-Laws or 2788

PhilRES-National By-Laws; 2789

2790

d. Submit through their respective Regional Vice Presidents, programs and policies 2791

through resolutions, subject to the approval of the National Directorate. 2792




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3. Quorum Assembly Requirements 2793

2794

a. The President, or his duly appointed representative who is also a National 2795

Trustee, must always be present in any Local Chapter Presidents’ Assembly to 2796

be valid and shall be part of the quorum and voting members at any meeting of 2797

the CPA. 2798

2799

b. The Local Chapter Presidents' Assembly must have a valid quorum for any 2800

Assembly business to be valid. 2801

2802

2803

Section 102. Types of Membership in Local Chapters 2804 The Types of Membership of Local Chapters are: 2805

2806

1. Regular Members 2807

2808

1.a Natural persons who are licensed and registered real estate service practitioners 2809

who have been duly licensed and recognized by the Professional Regulatory 2810

Board of Real Estate Service pursuant to the provisions of Section 20 Article III 2811

and Section 30 Article IV as applicable of R. A. 9646, and its Implementing 2812

Rules and Regulations, and; 2813

2814

1.b Who have been admitted into PhilRES as a Regular Member pursuant to the 2815

provisions of Section 34 Article IV of R. A. 9646, and its Implementing Rules 2816

and Regulations. 2817

2818

1.c Regular Members of Local Chapters are the classified as: 2819

2820

1.c.1. Founding Members 2821

2822

The Founding Members of Local Chapters are the Founding 2823

Incorporators, Founding Officers and Trustees and the other Members of 2824

the Local Chapter at the time of the filing of the Articles of Incorporation 2825

and By-Laws of that particular Local Chapter. 2826

2827

1.c.2. Charter Members 2828

2829

The Charter Members are the registered and licensed real estate service 2830

practitioners who were accepted as members of the Local Chapter and 2831

who were classified as Charter Members by the Local Chapter upon their 2832

formal acceptance, investiture and badging to the Local Chapter. 2833

2834

1.c.3. Ordinary Regular Members 2835

Ordinary Regular Members are those Regular Members who are not 2836

classified as Founding, Charter, Senior, Emeritus nor Fellows of PhilRES 2837

Local Chapters. 2838




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2. Associate Members 2839

Associate Members of Local Chapters are the accredited and/or registered professionals 2840

in the real estate industry engaged in kindred trades or occupations such as, but not 2841

limited to accredited real estate salespersons. An accredited Salesperson is a 2842

natural person who performs service for, and in behalf of a real estate broker and who is 2843

registered and licensed by the Professional Regulatory Board of Real Estate Service and 2844

who have been admitted into the Local Chapter of PhilRES as an Associate Member 2845

pursuant to the provisions of Rule 2 Paragraph 2 of PRC Resolution No. 2004-178. 2846

2847

2848

2849

ARTICLE XVI. 2850

NATIONAL STANDING COMMITTEES 2851 2852

Section 103. 2853 The National Standing Committees shall be as follows: 2854

2855

1. PhilRES Council of Elders and Advisers; 2856

2. Membership Committee; 2857

3. Chapter Development and Chapter Affairs Committee; 2858

4. Ways and Means Committee; 2859

5. Property Administration and Property Management Committee; 2860

6. Committee on Academe and Continuing Professional Education; 2861

7. Information Technology Committee; 2862

8. Oversight, Vigilance & Enforcement Committee; 2863

9. Mediation, Conciliation and Arbitration Committee; 2864

10. National Committee on Elections (Comelec); 2865

11. Committee on Library, Records and Archives; 2866

12. Committee on Awards; 2867

13. Committee on Review of Laws and By-Laws; 2868

14. Ethics and Discipline Committee; 2869

15. Committee on Protocol and Rules; 2870

16. Taxation & Legislation Committee, 2871

17. Education and Information Committee. 2872

18. Multiple Listing Committee; 2873

19. Committee on International Affairs & Affiliations 2874

2875

All committee members shall be appointed every year by the President except for the members 2876

of the PhilRES Council of Advisers whose composition shall be permanent subject to the 2877

addition of new permanent. 2878

2879

All committee members and new additions to the PhilRES Council of Elders and Advisers shall 2880

be confirmed by the National Directorate. 2881

2882

Aside from the Standing Committees, there shall be such other committees which may be 2883

created by the National Directorate or the Executive Committee only for special or specific 2884

purposes. 2885

2886

a. Each committee shall be composed of a Chairman, a Vice Chairman, a Secretary, 2887

and not more than four (4) members; 2888




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b. A committee chairman and members of the standing committees shall be 2889

recommended by the Executive Trustees, endorsed by the Executive Vice 2890

President and appointed by the President, subject to confirmation of the National 2891

Directorate; 2892

2893

c. No member of the National Directorate shall be a Chairman or member of any 2894

standing committee unless specifically provided for in these By Laws. A 2895

National Trustee may however, be appointed Chairman or member of any special 2896

or ad hoc committee created by the President. 2897

2898

2899

Section 104. National Committee Meetings and Activities 2900 Regular meetings of each committee shall be held at least once every month. Special meetings 2901

may also be held. Notices of meetings should be circulated to committee members at least one 2902

(1) week prior to the meeting date. 2903

2904

National Committee activities shall be coordinated and reported to the Executive Vice President. 2905

2906

2907

Section 105. National Committee’s Reports 2908 Minutes of all regular and special meetings shall be submitted to the PhilRES-National for the 2909

information of the national officers and members. 2910

2911

All committees shall submit reports of their activities to the National Directorate through the 2912

Executive Vice President. 2913

2914

2915

Section 106. Duties and Functions of National Standing Committees 2916 All National Standing Committees may at any time propose programs, systems procedures and 2917

policies for the smooth and effective operation of PhilRES, PhilRES-National and its Local; 2918

Chapters. 2919

2920

The duties and functions of Standing Committees are as follows: 2921

2922

1. Chapter Development and Chapter Affairs Committee 2923

a. Promotes the objectives of PhilRES through the organization and development of 2924

new local Chapters, and; 2925

2926

b. Coordinates the preparation of charter requirements and activities with PhilRES-2927

National. 2928

2929

2930

2. Membership Committee 2931

a. Takes charge of all matters concerning membership; 2932

2933

b. Effects the registration of all registered and licensed real estate practitioners as 2934

members of PhilRES; 2935

2936

c. Maintains an up to date listing of members with their complete personal and 2937

professional data; 2938




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d. Sets up criteria to determine and up-date current membership status; 2939

2940

e. Takes responsibility of authenticating and updating of the PhilRES roster 2941

including information and data on each member such as addresses, telephone 2942

numbers, good standing status, residence in the organization, and the like, and; 2943

2944

f. Disseminates information, invitations and activities of PhilRES-National to all 2945

members especially the Member Emeritus, Honorary Members of the College of 2946

Fellows, Senior Members, and the Past Presidents. 2947

2948

2949

3. Committee on Library, Records and Archives 2950

a. Organizes library and archival materials and maintain such for reference of the 2951

members, and; 2952

2953

b. Receives all archival materials, documents, and the like, for turn over to 2954

PhilRES-National. 2955

2956

2957

4. Committee on Awards 2958

a. Prepares programs of incentives in the form of recognition of members; and 2959

2960

b. Takes charge of all matters regarding granting of awards and the respective 2961

criteria for services rendered to PhilRES and the real estate profession. 2962

2963

2964

5. Ways and Means Committee 2965

a. Studies and recommend an effective program in the collection of dues arid other 2966

fees including acceptance of donations and bequeaths; 2967

2968

b. Keeps PhilRES in sound financial condition to meet its obligations and finance 2969

its projects; and 2970

2971

c. Generates funds for proper implementation of projects subject to the approval of 2972

the National Directorate. 2973

2974

2975

6. Committee on Review of Laws and By-Laws 2976

a. Interprets the provisions of By-Laws, existing laws, proposed new laws and 2977

recommends amendments and/or suggestions to the By-Laws, existing laws and 2978

proposed new laws; 2979

2980

b. Provides for referral service concerning these By-Laws; 2981

2982

2983

7. Information Technology Committee 2984

a. Prepares the Filipino real estate professional for globalization by providing the 2985

latest information technology tools & trends needed to compete in the global 2986

arena; 2987




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b. Helps make the Filipino real estate professional comfortable with information 2988

technology; 2989

2990

c. Addresses the information technology needs of the Filipino real estate 2991

professional in the present and the future by providing solutions that are user 2992

friendly, affordable and practical. 2993

2994

2995

8. Ethics and Discipline Committee 2996

a. Determines, sets, prescribes, consolidates and recommends the scope, coverage 2997

and content of the National Code of Ethics and Responsibilities upon 2998

consultation, coordination and recommendation with the different Colleges of 2999

Fellows’, more specifically: 3000

3001

a.1 Real Estate Consultants’ College of Fellows Committee on Code of Ethics 3002

and Responsibilities; 3003

3004

a.2. Real Estate Appraisers’ College of Fellows Committee on Code of Ethics 3005

and Responsibilities 3006

3007

a.2.1 Private Appraisers/Valuers Committee on Code of Ethics and 3008

Responsibilities; 3009

3010

a.2.2 Government Sector Assessors/Appraisers Committee on Code of 3011

Ethics and Responsibilities; 3012

3013

a.2.3 Real Estate Brokers’ College of Fellows Committee on Code of 3014

Ethics and Responsibilities; 3015

3016

a.2.4 The Ethics and Discipline Committee shall form a separate sub-3017

committee that will handle specific recommendations and 3018

suggestions for the Committee on Code of Ethics and 3019

Responsibilities for Salespersons and Associate Members. 3020

This committee shall be composed of one (1) member each from 3021

the: 3022

3023

a.4.1 Real Estate Consultants’ College of Fellows Committee on 3024

Code of Ethics and Responsibilities; 3025

3026

a.4.2 Private Appraisers/Valuers Committee on Code of Ethics 3027

and Responsibilities; 3028

3029

a.4.3 Government Sector Assessors/Appraisers Committee on 3030

Code of Ethics and Responsibilities; 3031

3032

a.4.4 Real Estate Brokers’ College of Fellows Committee on 3033

Code of Ethics and Responsibilities, and; 3034

3035

a.4.5 Appoint three (3) representatives from the Associate 3036

Members’ Pool of Nominees representatives to the 3037




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Committee on Code of Ethics and Responsibilities for 3038

Salespersons and Associate Members. 3039

3040

These three (3) representatives shall be selected by the 3041

regular committee members of the Ethics and Discipline 3042

Committee from among the Associate Members’ Pool of 3043

Nominees to act as official representatives of their sector 3044

and would be allowed to enjoy the right and privilege to 3045

vote, make motions or, interpellate any member during 3046

committee deliberations of the Committee on Code of 3047

Ethics and Responsibilities for Salespersons and Associate 3048

Members. 3049

3050 b. Invites, coordinates and seeks the recommendations of other allied and kindred 3051

organizations to determine, set, prescribe and recommend the scope, coverage 3052

and content of the National Code of Ethics and Responsibilities; 3053

3054

c. Promotes and ensures the highest standards of ethical conduct in the practice and 3055

service of the real estate profession by adhering and conforming to the National 3056

Code of Ethics and Responsibilities as prescribed by the Professional Regulatory 3057

Board of Real Estate Service (PRBRES); 3058

3059

d. Continuously endeavours adherence to the National Code of Ethics and 3060

Responsibilities, and; 3061

3062

e. Receives endorsements and/or reports from the Oversight, Vigilance & 3063

Enforcement Committee and/or from the members or the public complaints of 3064

violations of the National Code of Ethics and Responsibilities; 3065

3066

f. Studies and recommends action to the Mediation, Conciliation and Arbitration 3067

Committee Commission on Professional Practice on cases involving malpractice 3068

and unethical conduct of members. 3069

3070

3071

9. Committee on Academe and Continuing Professional Education (CPE) 3072

a. Implements the CPE Program as required in the R.A, 9646, and its Implementing 3073

Rules and Regulations or under any other law that may be passed, covering the 3074

practice of the real estate service profession and in support of the CPE Council of 3075

the PRC through the PBRES; 3076

3077

b. Devises the appropriate systems and procedures necessary to implement the 3078

accreditation system and the effective monitoring of CPE compliance by 3079

PhilRES, its Local Chapters and/or any of its Kindred Organizations service 3080

providers; 3081

3082

c. Undertakes all the necessary steps to ensure that programs are in place for the 3083

continuous education of a registered and licensed real estate professionals 3084

brought about by modernization, scientific and technological advances; raises and 3085

maintains the professional capability in delivering professional services; and 3086




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instils and maintains the highest technical and ethical standards of the practice of 3087

the profession; 3088

3089

d. Issues the CPE Primer that contain all the information, rules, regulations and 3090

policies with respect to CPE and its implementation; and 3091

3092

e. Promotes CPE Program nationwide and shall devise a communication system 3093

through which all CPE queries and issues are addressed. 3094

3095 3096

10. Committee on Protocol and Rules 3097

a. Promotes and ensures the highest standards of professional and ethical courtesy, 3098

protocol and conduct in PhilRES-National and Local Chapter board meetings as 3099

described and recommended in the latest edition of Robert’s Rules of Order; 3100

3101

b. Promotes and ensures the highest standards of professional and ethical courtesy, 3102

protocol and conduct in PhilRES-National and Local Chapter activities and 3103

public engagements as described and recommended in the latest edition of 3104

Robert’s Rules of Order; 3105

3106

c. Continuously endeavours adherence to the Robert’s Rules of Order in all 3107

PhilRES-National and Local Chapter activities; 3108

3109

d. Receives suggestions, comments and/or reports from the Oversight, Vigilance & 3110

Enforcement Committee and/or from other committees, members or the public in 3111

order to further improve the standards of protocol in all PhilRES-National and 3112

Local Chapter activities; 3113

3114

e. Studies, trains, recommends action and disseminates the latest standards of 3115

protocol in all PhilRES-National and Local Chapter activities. 3116

3117

3118

3119

ARTICLE XVII. 3120

SPECIAL COMMITTEES 3121

3122

Section 107. 3123 The National Directorate shall have the power to create and form any special committee or 3124

position at any time. This special committee/s or position/s term and tenure shall be set and 3125

prescribed by the National Directorate as it may deem fit, necessary and proper for the smooth 3126

operation of PhilRES. 3127

3128

All Special Committees may at any time propose programs, systems procedures and policies for 3129

the smooth and effective operation of PhilRES, PhilRES-National and its Local; Chapters. 3130

3131

3132

Section 108. 3133 The special committee created may exist and continue to perform such special functions and 3134

responsibilities even beyond the tenure of the National Directorate that created it. 3135




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All person/s serving and performing in such special committee/s or position shall serve in such 3136

position for a co-terminus period with that of the term of the Special Committee unless 3137

otherwise removed or suspended for cause after due notice and hearing or voluntary resignation. 3138

3139

3140

Section 109. 3141 The National Directorate shall confirm all Standing Committee and Special Committee positions 3142

as well as all Presidential appointees or designees in such Special Committee positions before 3143

such appointees or designees shall be allowed to perform such functions. 3144

3145

3146

3147

ARTICLE XVIII. 3148

NATIONAL COMMITTEE on ELECTIONS 3149

(Comelec) 3150

3151

Section 110. Composition of Members of Comelec 3152 There shall be a National Committee on Elections (Comelec), a Standing Committee composed 3153

of six (6) regular members and three (3) alternate members that shall be appointed by the 3154

President and confirmed by the National Directorate. 3155

3156

The regular members of the Comelec shall be appointed by the President from one (1) 3157

representative from each of the following Regional Area Jurisdictions NCR1. NCR2, North 3158

Luzon, South Luzon, Visayas, and Mindanao. 3159

3160

The President may appoint the alternate members of the Comelec from any Regional Area 3161

Jurisdiction of his choice. Alternate members may only assume any temporary vacancy in the 3162

six (6) member Committee on Elections. 3163

3164

1. Composition. 3165

a. The Comelec is composed of the six (6) representatives from each Regional Area 3166

Jurisdiction appointed by the President and confirmed by the National 3167

Directorate. 3168

3169

b. The members of the Comelec shall elect from among themselves their 3170

Chairpersons on Accreditation and Canvassing. 3171

3172

c. Incumbent officers and members of the National Directorate or Chapter Board of 3173

Trustees are disqualified to be a member of the Comelec. 3174

3175

3176

2. Functions. 3177

The duties and functions of Comelec are as follows: 3178

a. Acts as an independent body and shall take charge of all matters concerning 3179

elections; 3180

3181

b. Directs, supervises and controls the overall conduct of the elections, enforce rules 3182

and regulations, directives, orders and instructions; 3183




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c. Deputizes any member of PhilRES in good standing to act as its agent in the 3184

enforcement and implementation of the provisions of these By-Laws; 3185

3186

d. Constitutes Committees under its general administration and supervision of 3187

election procedures as follows: 3188

3189

d.1 Committee on Accreditation 3190

This Committee shall: 3191

3192

d.1a. be composed of two members and a Chairperson; 3193

3194

d.1b. receive the transmittal of the records of the Members in Good 3195

Standing as certified to by the Secretary General and the 3196

Treasurer; 3197

3198

d.1c. receive the transmittal of the records of the Members in Good 3199

Standing as certified to by the Local Chapter Secretary and the 3200

Local Chapter Treasurer; 3201

3202

d.1d receive the transmittal of the records of the eligible and qualified 3203

Local Chapter official nominee representatives to the Roster of 3204

Qualified and Eligible Candidates to the National Elections as 3205

certified to by the Local Chapter Secretary and the Local Chapter 3206

Treasurer; 3207

3208

d.1e have the power to qualify and disqualify any member of the in 3209

accordance with the provisions of these By-Laws. 3210

3211

d.2 Committee on Canvassing 3212

This Committee shall: 3213

3214

d.2a. be composed of three (3) members and a Chairperson who must 3215

have be a member of the College of Fellows; 3216

3217

d.2b. take charge of the canvassing, counting and tallying of votes; 3218

3219

d.2c. have the authority to validate or invalidate any vote ballots cast in 3220

the election; and 3221

3222

d.2d. take charge of preparing the official record of the elections to be 3223

submitted to the Secretary General. 3224

3225

3226

3. Term of Office 3227

The members of the Comelec shall serve for the period beginning from 120 days prior to 3228

the date of any National Election and shall end upon the assumption into office of the 3229

trustees-elect. 3230




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4. The Comelec shall accredit the official eligible representative nominees for each 3231

particular elective position from the Local Chapters comprising the Regional Area 3232

Jurisdictions from the provinces, first class municipalities and cities as defined in Section 3233

79(2) and Sections 80-85 Article XIII of these By-Laws. 3234

3235

3236

Section 111. 3237 At all elections, the Comelec shall accredit the qualified voting members of PhilRES who are 3238

Members in Good Standing in coordination with the Treasurer and the Secretary General. 3239

3240

The Comelec shall certify who may issue and receive proxies, vote and be voted upon and shall 3241

certify the same to the National Directorate. 3242

3243

The Comelec shall allow any prospective candidate or nominee to announce his availability to 3244

run for or be nominated or appointed in any office, position, regular or special committee and 3245

shall prescribe the rules and procedure regarding such acts and activities. 3246

3247

3248

Section 112. 3249 The Comelec as a collegiate body shall immediately proclaim the winners of all elections and 3250

certify the results of the election to the National Directorate. The Trustees-Elect of the National 3251

Directorate shall serve their terms on the following year after their election from January 01 3252

until December 31. 3253

3254

3255

Section 113. Election Protests 3256 Any/all election protests must be made formally and in writing not later than fifteen (15) 3257

calendar days from the date when the election was held. 3258

3259

Formal election protests must clearly cite the reasons for such protests and must be properly 3260

supported by evidence. Any member that is the subject of an election protest may not be 3261

inducted until such time that the Comelec rules with finality on the merits of the election protest. 3262

3263

3264

Section 114. 3265 The members of the Trustees-elect together with the different committees and its respective 3266

members shall be formally inducted into office during the General Membership Meeting and 3267

Christmas Party which shall be held in the month of December of each calendar year set by the 3268


3270

3271

Section 115. Limitation Upon Members of the Comelec 3272 No incumbent Trustee of the National Directorate or National Officer shall serve as member of 3273

the Comelec. 3274

3275

No member of PhilRES shall serve as member of the Comelec for more than two (2) 3276

consecutive terms. 3277

3278

All members of the Comelec are disqualified from: 3279

a) giving and/or receiving proxies; 3280




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b) being counted as part of the determination of a quorum; 3281

c) being nominated; 3282

d) voting and being voted upon. 3283

3284

3285

3286

ARTICLE XIX. 3287

MEDIATION, CONCILIATION and ARBITRATION COMMITTEE 3288

3289

Section 116. Settlement of Disputes among Members 3290 There shall be a Mediation, Conciliation and Arbitration Committee which will be tasked to 3291

settle disputes between and among different Members, their Patrons, Clients, and the General 3292

Public. 3293

3294

3295

Section 117. Exhaustion of Administrative Remedies 3296 Except for intra-corporate and criminal complaints, exhaustion of the PhilRES’ administrative 3297

proceedings/remedies is mandatory before elevating any civil action to the Professional 3298

Regulatory Board of Real Estate Service or judicial court. 3299

3300

3301

Section 118. Mediation, Conciliation and Arbitration Policies and Procedures 3302 The following policies and procedures shall be observed: 3303

3304

a) The Complaint must be in verified form and addressed to the National Directorate citing 3305

the issues, the nature of the complaint and shall be supported with evidence, if any; 3306

3307

b) The Complaint shall also state the prayer to resolve the issue(s) of the complaint; 3308

3309

c) The National Directorate shall then endorse the Complaint to the Mediation, Conciliation 3310

and Arbitration Committee for appropriate action; 3311

3312

d) The Mediation, Conciliation and Arbitration shall request the Respondent(s) to 3313

Answer/Comment on the complaint in writing within seven (7) days upon receipt thereof 3314

copy furnish Complainant of the Comment/Response; 3315

3316

e) If necessary, the Mediation and Arbitration Committee may call the 3317

Mediation/Conciliation Conference within five (5) days upon receipt of the 3318

Answer/Comment. The conference shall only be attended by the Mediation and 3319

Arbitration Committee Members, Complainant and the Respondent. 3320

3321

f) Lawyers will not be allowed at all Mediation/Conciliation Conferences; 3322

3323

g) If no compromise agreement is achieved after exhausting the Mediation/Conciliation 3324

meetings, the Mediation, Conciliation and Arbitration Committee shall render its 3325

Resolution on the Complaint within fifteen (15) days upon receipt of the Respondent’s 3326

Answer/Comment copy furnished the parties (Complainant and Respondent); 3327

3328

h) Any party who is dissatisfied with the Resolution of the Mediation, Conciliation and 3329

Arbitration Committee shall have seven (7) days to appeal the resolution of the 3330




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Mediation, Conciliation and Arbitration Committee to a Special Adjudication Committee 3331

of the PhilRES Council of Elders and Advisers. 3332

3333

i) The Resolution of the Special Adjudication Committee of the PhilRES Council of Elders 3334

and Advisers shall be considered final and executory for purposes of Mediation and 3335

Conciliation and its recommendations shall be endorsed to the National Directorate for 3336

disposition; 3337

3338

j) Any decision, resolution, recommendation or action of the National Directorate can be 3339

appealed to the Professional Regulatory Board of Real Estate Service (PRBRES) or 3340

appropriate regulatory body. 3341

3342

3343

Section 119. Composition of the Mediation, Conciliation and Arbitration Committee 3344 The Mediation, Conciliation and Arbitration Committee shall be composed of seven (7) Regular 3345

Members in good standing. 3346

3347

Of the seven (7) committee members, the Chairperson and two (2) other members shall be 3348

appointed by the President and confirmed by the National Directorate. 3349

3350

Both Complainant and Respondent shall be allowed to name two (2) Regular Members in good 3351

standing of their choice to the mediation, conciliation and arbitration committee. 3352

3353

The two (2) Regular Members of choice of both Complainant and Respondent shall not be 3354

contestable for whatever reason other than as to eligibility as Members in Good Standing of 3355

PhilRES. 3356

3357

3358

Section 120. Composition of the Special Adjudication Committee of the 3359

PhilRES Council of Elders and Advisers 3360 The Special Adjudication Committee of the PhilRES Council of Elders and Advisers shall be 3361

composed of at least five (5) PhilRES Past National Presidents who are not members of the 3362

Mediation, Conciliation and Arbitration Committee, but must be members in good standing and 3363

shall serve as the Final Tribunal to settle all controversies among members that cannot be 3364

successfully settled at the Mediation, Conciliation and Arbitration Committee. 3365

3366

The members of the Special Adjudication Committee shall be composed of the members of 3367

PhilRES Council of Elders and Advisers who shall be automatically confirmed by the National 3368

Directorate to be the members of the Special Adjudication Committee. 3369

3370

The Special Adjudication Committee will be legally assisted by the Board Legal Counsel in all 3371

the controversies brought to it for deliberation and disposition.. The Board Legal Counsel shall 3372

be an non-voting member of the Special Adjudication Committee but shall be allowed to 3373

participate in all its deliberations and his legal advice shall be taken into consideration in 3374

disposing of any controversy/ies. 3375

3376

3377

Section 121. Penalties and Sanctions 3378 No penalties and sanction shall be meted unless there is compliance of due process. Any 3379

member found guilty for violating any provision of these by-laws, the provisions of R. A. 9646, 3380




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and its Implementing Rules and Regulations and other realty laws shall be imposed with the 3381

following sanctions: 3382

3383

For the 1st Offense - Reprimand; 3384

3385

For the 2nd violation of the same Offense - Suspension of Membership for 3386

two (2) months; 3387

3388

For the 3rd violation of the same Offense - Suspension of Membership for 3389

six (6) months; 3390

3391

For the 4th violation of the same Offense - Expulsion from Membership; 3392

3393

For combination of two (2) Offenses - Suspension of Membership for 3394

six (6) months; 3395

3396

For combination of at least three (3) Offenses - Expulsion from Membership. 3397

3398

3399

Section 122. Complaints from Non-PhilRES Members 3400 All complaints from non-PhilRES members must be in verified form addressed to the National 3401

Directorate and must be endorsed by a Regular Member in Good Standing before any complaint 3402

from a non-member may be acted upon by the National Directorate for endorsement to the 3403

Mediation, Conciliation and Arbitration Committee. 3404

3405

3406

3407

ARTICLE XX. 3408

DISCIPLINARY ACTIONS, SUSPENSION, EXPULSION 3409

IMPEACHMENT & RECALL 3410

3411

Section 123. GROUNDS for DISCIPLINARY ACTIONS, SUSPENSION, 3412

IMPEACHMENT and EXPULSION 3413 All Members must be of good moral character and shall always act in a generally, morally, 3414

legally and socially accepted norms of conduct and behaviour and must not be a cause for 3415

embarrassment or public scandal that would affect the interest of PhilRES and/or of any of its 3416

members. 3417

3418

Any officer, Trustee or member may be suspended, impeached, recalled or expelled from 3419

PhilRES only after due notice and hearing, upon recommendation and findings of the Mediation, 3420

Conciliation and Arbitration Committee based on any of the following grounds: 3421

3422

a) Refusal or neglect to give effect to any lawful decision of PhilRES or the National 3423

Directorate; 3424

3425

b) Infringement of any provision of these By-Laws, the National Code of Ethics and 3426

Responsibilities or any rule or regulation of Phi1RES; 3427

3428

c) Any final judgment, civil or criminal, for acts involving moral turpitude, fraud, 3429

misrepresentation, cheating or wrongful conversion of property; 3430




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d) Failure to pay his dues for at least three (3) years; 3431

3432

e) Loss of his/her membership status; 3433

3434

f) Any material non-disclosure or any misrepresentation of facts, details and/or 3435

circumstances pertaining to his application with Phi1RES would render the Member in 3436

Good Standing status of said member void; 3437

3438

g) Performing any act that is deemed an affront to public morals or any act that is generally, 3439

widely and socially unacceptable to norms of conduct and behaviour, or any act inimical 3440

to the interest of PhilRES and its members. 3441

3442

The National Directorate is mandated to act on a Resolution Recommendation for Action or 3443

Resolution Recommendation for Dismissal of Complaint by the Mediation, Conciliation and 3444

Arbitration Committee within thirty (30) working days from receipt of such written report and 3445

recommendation, if not, PhilRES shall lose jurisdiction over the case. 3446

3447

The National Directorate may adopt and prescribe additional rules of procedure, not contrary to 3448

law, on impeachment and expulsion cases or complaint proceedings brought before it. 3449

3450

3451

Section 124. Suspension of Membership in Good Standing 3452 Any member who fails to pay his annual membership due on time shall be considered not to be a 3453

Member in Good Standing. 3454

3455

Any member who fails to pay any regular or special assessments duly approved by the National 3456

Directorate or, such other unpaid obligations to Phi1RES, beyond ninety (90) days upon 3457

certification by the Treasurer shall be considered not to be a Member in Good Standing and the 3458

change of the member’s eligibility status shall be recommended to the Committee on 3459

Membership for appropriate actions. 3460

3461

Any member who is in arrears in the payment of any dues beyond ninety (90) days shall be 3462

notified by the Treasurer in writing thru a “Notice of Unpaid Obligations” informing him that he 3463

is not a member in good standing because of his accountability with PhilRES. 3464

3465

Such “Notice of Unpaid Obligations” shall include a demand for payment of his financial 3466

obligations immediately from receipt of such notification. 3467

3468

Removal of the member’s good standing status for non-payment of arrears beyond ninety (90) 3469

days after due notification as certified to by the Treasurer shall not require prior need to be 3470

coursed to the Mediation, Conciliation and Arbitration Committee for enforcement by the 3471

Membership Committee. 3472




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ARTICLE XXI. 3473

FUNDS and ACCOUNTS 3474

3475

Section 125. 3476 All monies of Phi1RES shall be deposited in the name of PhilRES in a savings, current or any 3477

kind of account with any bank or financial institution to be designated by the National 3478

Directorate. 3479

3480

The President or Treasurer shall always be a co-signatory for all accounts of PhilRES in any 3481

bank or financial institution. 3482

3483

The National Directorate shall designate the other alternate signatories in case of the un-3484

availability of the President or Treasurer to sign any withdrawal or disbursement of the funds of 3485

PhilRES. 3486

3487

No disbursements of PhilRES may be made in cash. All disbursements must bear the full name 3488

of the check payee/s. 3489

3490

No check disbursements shall be issued indicating “BEARER”, “CASH”, “and/or BEARER” 3491

or “and/or CASH” together with the name of the payee/s. 3492

3493

Except for regular administrative expenses which must always bear the certification by the Vice 3494

President for Administration in the check voucher request form, No funds of PhilRES will be 3495

disbursed without prior approval of the Board including but not limited to salary increases and 3496

bonuses of employees/staff. 3497

3498

3499

Section 126. Inspection of Account 3500 The books of accounts and records of PhilRES shall be open to inspection by any Regular 3501

Member of PhilRES at any time during business hours except Saturdays, Sundays and holidays. 3502

3503

Such inspection of books of accounts may only be allowed upon submission of a written request 3504

duly submitted to PhilRES Secretariat Office at least ten (10) working days prior to such 3505

inspection. 3506

3507

3508

Section 127. Fiscal Management & Control 3509 1. Annual PhilRES National Budget. 3510

3511

The PhilRES Annual National Budget for the ensuing year shall be prepared by the 3512

incoming Treasurer for presentation to the National Directorate for deliberation, approval 3513

and adoption. 3514

3515

2. The Annual National Budget must contain the following information, such as but not 3516

limited to: 3517

3518

a. a statement of estimated revenues for the ensuing calendar year; 3519

b. a statement of estimated expenditures for the ensuing calendar year; 3520

c. a comparative statement of last calendar year's annual budget with the ensuing 3521

calendar yea/s recommended budget 3522




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3. Fund Generation 3523

3524

The National Directorate may adopt policies related to donations, bequeaths and other 3525

contributions, special assessments on its members and other measures to raise funds for 3526

approved projects of the national organization based on PhilRES's plans and programs 3527

for the calendar year or long-term program/s. 3528

3529

4. Miscellaneous 3530

a. All title to, and interest in, the real, personal, and intangible property of the 3531

PhilRES imposed, granted, and conferred by the laws of the Republic of the 3532

Philippines and by these By-Laws is vested and shall remain solely in the 3533

PhilRES; no member shall have any right, title, or interest in such property at any 3534

time; 3535

3536

b. Unexpended and unencumbered revenue in a fund at the close of a calendar year 3537

shall be used only to further the objectives of the PhilRES, safeguard its future 3538

shall never be distributed as dividends or remuneration to any officers and or 3539

members; 3540

3541

c. No officer or member or non-member of PhilRES shall have any right, authority 3542

or power to expend any money of PhilRES, to incur any liability for and in its 3543

behalf, or to make any commitment that will or may be deemed to bind or 3544

involve the PhilRES in any expense or financial liability, unless such 3545

expenditure, liability or commitment has been authorized and budgeted by the 3546

National Directorate or by a specific resolution at a meeting duly called for the 3547

purpose, except that the National Directorate may provide for the adjustment and 3548

reallocation of accounts within the overall approved budget and for increased 3549

expenditures balanced by the increased revenues; 3550

3551

d. PhilRES shall at all times hold full title to, if not majority title and interest in any 3552

subsidiary or juridical entity (which in no case shall be less than seventy-five 3553

percent [75%] of ownership) that involves the operation and management of any 3554

business or non-business activity that involves such as, but not limited to, the 3555

operation, appropriation, use and/or utilization of the name, acronym or any 3556

intellectual property developed, acquired or granted to PhilRES or operational 3557

component or service component of the Philippine Institute of Real Estate 3558

Practitioners (PhilRES) Incorporated such as, but not limited to website/s, email 3559

address/es, multiple listing services, property listing services, professional 3560

bonding or insurance agency operation, online services and any tangible and/or 3561

intangible property of PhilRES. 3562

3563

e. To preclude any instance of conflict of interest, PhilRES shall at all times, use 3564

and employ only, professional staff and personnel that are not Regular Members 3565

of PhilRES in the operational, management and administration facilities and/or 3566

activities of PhilRES including those of the National Secretariat Staff and Local 3567

Chapter Secretariat Staff. 3568

3569

f. In acquiring real properties and securing loans, the National Directorate shall 3570

seek the prior approval by a 2/3 majority vote of the members of the National 3571




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Directorate in a meeting duly called for the purpose of such acquisition of real 3572

properties, securing of loans and mortgages. 3573

3574

g. If at any time prima facie evidence can be shown by any member regardless of 3575

membership status, to the Professional Regulatory Board of Real Estate Service 3576

(PRBRES) and/or to the Professional Regulation Commission (PRC) as 3577

contained in a verified Petition/Complaint, that funds were released or were being 3578

seriously misappropriated or that there exists a serious financial or fiduciary 3579

malfeasance, misfeasance or nonfeasance by the members of the National 3580

Directorate, the Professional Regulation Commission (PRC) if it deems proper in 3581

order to protect the interest of the general membership-at-large of PhilRES, may 3582

motu propio, immediately suspend the professional licenses of these members of 3583

the National Directorate. 3584

3585

Upon suspension of their licenses, the members affected would lose their 3586

“Member in Good Standing” status and therefore ineligible to hold on to their 3587

positions and subsequently their positions be automatically declared vacant. 3588

3589

h. If the Secretary General is one of those members whose licenses were suspended 3590

pursuant to Section 124(4)g Article XX of these By-Laws, the most senior 3591

National Administrative Officer of PhilRES-National shall temporarily take-over 3592

the day to day affairs and functions of PhilRES-National until a new Secretary 3593

General shall have been elected into office. 3594

3595

i. If the majority of the members of the National Directorate is affected by Section 3596

124(4)g Article XX of these By-Laws and therefore there is not enough members 3597

to constitute a valid quorum, the remaining members of the National Directorate 3598

not affected shall constitute themselves as an “Emergency PhilRES Ad Hoc 3599

Management Team” and conduct the day-to-day affairs and functions of 3600

PhilRES-National until a newly elected National Directorate shall have been 3601

elected into office to serve the remaining unexpired term of the office or position 3602

that they were elected into. 3603

3604

The Comelec shall immediately announce and call for a Special General 3605

Membership Meeting and Elections for the vacant National Trustee positions 3606

affected and shall be held not later than thirty (30) days from the existence of the 3607

vacancies. 3608

3609

3610

3611

ARTICLE XXII. 3612

EXCLUSIONS and EXCLUSIVITY 3613

3614

Section 128. 3615 PhilRES is an accredited and integrated national organization of licensed real estate practitioners 3616

and professionals, as well as accredited real estate salespersons who are governed, adhere to and 3617

abide by a strict code of ethics, responsibilities and professional conduct. 3618

3619

As such, exclusivity in the enjoyment of its amenities, functions and privileges to the exclusion 3620

of all others, must be maintained and preserved at all times in favour of its members. 3621




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1. Only Regular Members in Good Standing duly authorized in a formal board resolution 3622

by the National Directorate or by their respective Local Chapter Board of Trustees, as 3623

applicable, and performing official functions may enter into or sign any engagement or 3624

contract with third parties for and in behalf of PhilRES or any of its Local Chapters as 3625

applicable. 3626

3627

2. Non-members are explicitly and expressly excluded and barred from being appointed as 3628

representatives or attorneys-in-fact of PhilRES or any Local Chapter and sign any 3629

engagement or contract with third parties for and in behalf of PhilRES or any of its Local 3630

Chapters as applicable, unless explicitly and expressly allowed to do so by a two-thirds 3631

(2/3) affirmative vote of the members of the National Directorate. 3632

3633

No agreement, engagement or contract with third parties will be honoured by PhilRES 3634

that violates this expressed provision of these By-Laws. 3635

3636

3. Only members, special invited guest/s and paying guests may attend official functions 3637

and activities of PhilRES-National or its Local Chapter activities. 3638

3639

The interest of members shall always prevail over the interest of non-members, guests or 3640

special guests. For incidents involving special guests, utmost care and prudence should 3641

be exercised and the strict adherence to rules of protocol must be observed. 3642

3643

4. Any special invited guest/s and paying guests complained of by any Regular Member or 3644

Associate Members as allegedly disturbing any activity/ies or any proceeding/s of 3645

PhilRES-National or its Local Chapter shall be immediately barred and prevented from 3646

further attending any activity/ies or any proceeding/s of PhilRES-National or its Local 3647

Chapters without necessity of providing any proof or basis for such a claim or allegation. 3648

3649

Whenever necessary, the offending party or person being complained of shall be escorted 3650

out or ejected by force, whenever necessary, or with the assistance of any legitimate 3651

security or police authorities from the premises or locality where the activities or 3652

proceedings of PhilRES-National or its Local Chapters are being held. 3653

3654

Utmost care and prudence should be exercised and the strict adherence to rules of 3655

protocol must be observed in effecting these extreme measures. 3656

3657

5. Absolutely no committee or group identified as emanating from, created by, or 3658

sponsored by PhilRES-National or its Local Chapter shall include non-members 3659

(including spouses and children of members). 3660

3661

3662

3663

ARTICLE XXIII. 3664

RULES OF PROFESSIONAL CONDUCT 3665

3666

Section 129. 3667 1. To strengthen the foundation of the real estate service profession in the Philippines, there 3668

must be unity of purpose and a clear concept of the duties, obligations and 3669

responsibilities of all licensed real estate service professionals other professions, their 3670

clients or employer, to their colleagues in the profession, and to the public. These duties, 3671




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obligations and responsibilities include the maintenance of high standards of 3672

competence, integrity and most importantly, uprightness, righteousness and morality in 3673

their actions and functions. 3674

3675

2. For this purpose, the National Code of Ethics and Responsibilities as adopted and 3676

promulgated by the PRBRES as approved by the Professional Regulation Commission 3677

(PRC) at any time shall be made as an integral part of these By-Laws to which all 3678

members of PhilRES are obligated to abide by and adhere to. 3679

3680

3. Subject to the approval of the National Directorate, the Ethics and Discipline Committee 3681

shall establish such rules and regulations as may be necessary to enforce and implement 3682

the provision of this Article. 3683

3684

4. Booing, hooting, whistling, shouting or any form of loud vociferous or loud audible 3685

sound or annoyingly distracting physical activity that shall disturb the peace and 3686

tranquillity of proceedings in any formal meeting or convention shall be considered as a 3687

“very serious breach of professional etiquette and professional conduct”. 3688

3689

Upon finding of culpability after due notice and hearing, the offending member shall be 3690

meted with severe disciplinary sanctions that carry with it a minimum penalty of 3691

suspension as a bona fide member of PhilRES for a minimum period of six (6) months or 3692

for a longer period that shall be determined by the competent authority hearing and 3693

deciding in such proceedings. 3694

3695

3696

3697

ARTICLE XXIV. 3698

INDEMNIFICATION, REIMBURSEMENT and PAYMENT for LEGAL EXPENSES 3699

3700

Section 130. Indemnification 3701 1. The National Directorate may establish and implement policies, to the full extent 3702

permitted by law, for the payment, reimbursement, indemnification and advance release 3703

of monies and funds for the purpose of payment, reimbursement and indemnification of 3704

legal expenses of Trustees, officers, committee members and employees of PhilRES who 3705

due to the legal exercise of their functions, duties and responsibilities as Trustees, 3706

officers, committee members and employees of PhilRES incur, incurred or will incur 3707

expenses in connection with an action, suit, or proceedings that they will, or PhilRES 3708

will bring forth or will be brought forth or were brought against them. 3709

3710

These monies and funds may be released to the affected Trustees, officers, committee 3711

members and employees of PhilRES who shall avail of this provision of these By-Laws 3712

only under a special proviso and undertaking that requires that they shall immediately 3713

reimburse and pay back PhilRES immediately without need for demand when they have 3714

been found guilty of any infraction, offence, crime or Illegal administrative act, 3715

regardless whether such finding or conviction is final and executory. 3716

3717

2. Indemnification shall extend to all sums paid by the Trustees, officers, committee 3718

members and employees of PhilRES in the way of filing fees, certified true copies of 3719

records, judgments, amounts paid in settlement, and reasonable expenses (including 3720




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counsel fees) actually and necessarily incurred in connection with the action, suit, or 3721

proceeding a Trustee, officer, employee, or committee member of the PhilRES. 3722

3723

3. No money shall be paid by PhilRES under this Section except upon the affirmative vote 3724

of a majority of the National Directorate constituting a quorum. 3725

3726

3727

3728

ARTICLE XXV. 3729

CALENDAR YEAR 3730

3731

Section 131. 3732 The calendar year of PhilRES shall begin on the first day of January and shall end on the last 3733

day of December of each year. 3734

3735

3736

3737

ARTICLE XXVI. 3738

SEAL 3739

3740

Section 132. 3741 PhilRES shall adopt a seal where it shall be inscribed, “PHILIPPINE INSTITUTE of REAL 3742

ESTATE SERVICE PRACTITIONERS (PhilRES) INCORPORATED - AIPO 2011 -”. 3743

3744

3745

3746

ARTICLE XXVII. 3747

SEPARABILITY OF PROVISIONS 3748

3749

Section 133. 3750 Should any provision of these By-Laws or any part thereof be declared invalid or illegal, the 3751

other provisions, as they. are separable or are not affected, shall remain in force. 3752

3753

3754

3755

ARTICLE XXVIII. 3756

REPEALING CLAUSE 3757

3758 Section 134. Except as expressly provided for by these By-Laws, all rules and regulations or 3759

parts thereof inconsistent with any provision of these By-Laws and any subsequent provision as 3760

provided by law shall be deemed repealed. 3761

3762

3763

3764

ARTICLE XXIX. 3765

EFFECTIVITY 3766

3767

Section 135. 3768 These By-Laws. as hereby adopted, shall take effect immediately upon its approval by the 3769

Securities and Exchange Commission. 3770




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ARTICLE XXX. 3771

TRANSITORY PROVISIONS 3772

3773 Section 136. “Caretaker Officers and Caretaker National Directorate”. 3774

Prior to its recognition and accreditation by the Professional Regulation Commission (PRC) as 3775

the Accredited and Integrated Professional Organization (AIPO) for the Real Estate Service, the 3776

Founding Trustees/Incorporators/Interim AIPO Trustees of PhilRES shall be known as the 3777

“Caretaker National Directorate” and shall perform duties and responsibilities as any regularly 3778

elected Officers and Members of the Board of Trustees under the Corporation Code. Thereafter, 3779

an election among the Members and Trustees of PhilRES shall have to be conducted and those 3780

elected shall perform the assigned duties and responsibilities as the “Founding AIPO National 3781

Officers and National Directorate” until the First Regular National Election shall have been 3782

called for the purpose of electing the Regular National Officers and National Directorate of 3783

PhilRES. 3784

3785

Upon election of the “Founding AIPO National Officers and National Directorate”, the 3786

“Caretaker National Directorate” shall cease to perform their duties and responsibilities 3787

immediately. Subsequently, the “Caretaker National Directorate” of PhilRES shall turn-over to 3788

the newly elected and qualified National Officers the duties and responsibilities as National 3789

Officers and National Directors of AIPO. 3790

3791

3792

Section 137. 3793 The “Caretaker National Directorate” and/or the “Founding AIPO National Officers and 3794

National Directorate”, as applicable, shall formulate rules and guidelines that will govern and be 3795

the basis of calling the “First Regular General Membership National Convention and Elections” 3796

and shall be called on a date and time to be announced by the “Caretaker National Directorate” 3797

and/or the “Founding AIPO National Officers and National Directorate”, as applicable. This is 3798

in conformity with R. A. 9646 and its Implementing Rules and Regulations and PRC Resolution 3799

2004-178. 3800

3801

3802

Section 138. Immediate Organization of Local Chapters Upon Recognition and Approval 3803

of PhilRES as AIPO and Announcement of the Holding of the “First Regular 3804

General Membership National Convention and Elections” for National 3805

Officers and National Board of Trustees 3806 The “Founding AIPO National Officers and National Directorate” upon the effectivity of its 3807

recognition and accreditation as the AIPO, shall formally announce the acceptance of new 3808

members and act on applications for accreditation of local chapters on provinces, cities and/or 3809

First Class Municipalities. 3810

3811

The “Founding AIPO National Officers and National Directorate” shall assess and evaluate, 3812

upon the recommendation of the Membership, Chapter Development and Chapter Affairs 3813

Committees, all applications to be accredited as Local Chapters in the provinces, cities or First 3814

Class Municipalities. 3815

3816

1. PhilRES shall accept individual applications for membership of eligible applicants who 3817

are not yet members of any local chapter. Provided, that these individual applicants 3818

applying for membership, shall have all the necessary documentary requirements 3819




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attached in their applications and the payments of the required fees & other assessments 3820

in pursuance to Section 139 Article XXX of these By Laws. 3821

3822

Upon approval of the individual members to PhilRES, the latter shall assign the new 3823

individual members to Local Chapters it deems necessary and proper. 3824

3825

These new members may opt to transfer to other Local Chapters of their choice only 3826

after the conduct of the “First Regular General Membership National Convention and 3827

Elections” for National Officers and the National Directorate. Applicants for a Local 3828

Chapter shall formally communicate its intent to the National Directorate to set-up a 3829

New Local Chapter. 3830

3831

3832

2. Applicants of a Local Chapters shall execute an Unconditional Undertaking to adopt the 3833

standard Articles of Incorporation and By-Laws approved by the National Directorate for 3834

all Local Chapters of PhilRES with no exceptions thereto whatsoever. 3835

3836

3837

3. Applicants for Local Chapters must have at least a minimum of fifteen (15) Regular 3838

Members, who possess the eligibility qualifications as required in this Transitory 3839

Provision and as further provided for in Section 139 Article XXX of the PhilRES By 3840

Laws. 3841

3842

3843

4. Applicants for Local Chapters must submit a duly accomplished and filled-up Members 3844

Information Record of the proposed Local Chapter, incorporating therein the photocopies 3845

of their valid Certificate of Registration and Professional Identification Card or PRC 3846

Certificate of Registration and Professional Identification Card Claim Stub. 3847

3848

3849

5. Applicants for Local Chapters shall be acted upon and may be approved or denied 3850

depending upon the evaluation of the National Directorate and the joint 3851

recommendations of the Chapter Development, Chapter Affairs and the Membership 3852

Committees. 3853

3854

3855

6. Applicants for Local Chapters shall pay simultaneously all required dues and fees upon 3856

their submission of their applications to form local chapters. Said fees paid to PhilRES 3857

are forfeitable in case the application for Local Chapters are denied. 3858

3859

3860

7. The approved Local Chapter/s shall be registered with the Securities and Exchange 3861

Commission (SEC), affixing therein the national association’s name as “PhilRES-”. 3862

3863

3864

8. This transitory provision for the organization, creation or approval of Local Chapters and 3865

acceptance of Regular Members shall commence and be applicable only upon the 3866

effectivity of the recognition of PhilRES as the AIPO by the PRC and shall cease thirty 3867

(30) days prior to the holding of the “First Regular General Membership National 3868

Convention and Elections” for Officers and the National Directorate. 3869




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The regular provisions for the organization, creation or approval of Local Chapters and 3870

acceptance of Regular Members shall thereafter apply after the holding of the “First 3871

Regular General Membership National Convention and Elections” for Officers and the 3872

National Directorate . 3873

3874

3875

9. After accreditation as the AIPO by PRC, the “Founding AIPO National Officers and 3876

National Directorate” will endeavour to call the “First Regular General Membership 3877

National Convention and Elections” for National Officers and National Directorate 3878

within ninety (90) calendar days upon its determination of the existence of the 3879

appropriate condition and environment to hold the “First Regular General Membership 3880

National Convention and Elections” for National Officers and National Directorate. 3881

3882

3883

Section 139. Minimum Qualifications of Regular Members Eligible To Be Accepted and 3884

Admitted as Regular Members of New Local Chapters as provided for in the 3885

Transitory Provisions of Section 138 Article XXX of the PhilRES By Laws 3886 The following provisions shall govern the basic eligibility qualification of an applicant for 3887

Regular Membership: 3888

3889

1. Those real estate service practitioners who have already signed in the Roster of 3890

Registered Professionals with the Professional Regulation Commission (PRC) and those 3891

who have already been issued their respective Professional Identification Card (ID) and 3892

Certificate of Registration prior to the holding of the “First Regular General Membership 3893

National Convention and Nominations” for Officers and National Directorate. 3894

3895

3896

2. Those persons whose names appear in the list/s of approved applicants for licensing 3897

without examinations published and/or officially announced by the Professional 3898

Regulation Commission (PRC) either in newspapers or in its official website. Likewise, 3899

those who have already signed the Roster of Registered Professionals with the 3900

Professional Regulation Commission (PRC) but have not been issued their respective 3901

Professional Identification Card (ID) and Certificate of Registration prior to the holding 3902

of the “First Regular General Membership National Convention and Nominations” for 3903

Officers and National Directorate. 3904

3905

3906

3. Those examinees whose names appear in the list/s of examinees who successfully passed 3907

the licensure examinations for real estate service practitioners published and/or officially 3908

announced by the Professional Regulation Commission (PRC) either in newspapers or in 3909

its official website. Likewise, those who have signed the Roster of Registered 3910

Professionals at the office of the Professional Regulation Commission (PRC) and have 3911

been issued their respective Professional Identification Card (ID) and Certificate of 3912

Registration prior to the holding of the “First Regular General Membership 3913

Nominations” for Officers and National Directorate. 3914

3915

3916

4. Those examinees whose names appear in the list/s of examinees who successfully passed 3917






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its official website. Likewise, those who have signed the Roster of Registered 3920

Professionals at the office of the Professional Regulation Commission (PRC) but have 3921

not been issued their respective Professional Identification Card (ID) and Certificate of 3922

Registration prior to the holding of the “First Regular General Membership National 3923

Nominations” for Officers and National Directorate. 3924

3925

3926

5. The above-enumerated Members must have paid the required Membership Application 3927

and Processing Fees and other required fees, dues and assessments to be qualified. 3928

3929

3930

Section 140. Local Chapters & Regular Members In Good Standing Pursuant to the 3931

Transitory Provisions in the conduct of the “First Regular General 3932

Membership National Convention and Elections” for National Officers and 3933

National Board of Trustees of PhilRES 3934 All Local Chapters organized, created or approved prior to the holding of the “First Regular 3935

General Membership National Convention and Elections” pursuant to and consistent with the 3936

Transitory Provisions of Section 138 Article XXX and Section 139 Article XXX shall be 3937

automatically classified as Local Chapters in Good Standing. Accordingly, all its Founding and 3938

Chapter Members shall be automatically classified as Members in Good Standing. 3939

3940

Effectivity and implementation of the Provisions of Section 21 Article IV are held in abeyance 3941

under the Transitory Provision of Sections 138 & Section 139, Article XXX of PhilRES By 3942

Laws. 3943

3944

3945

Section 141. Eligible Nominees For the “First Regular General Membership National 3946

Convention and Elections” of PhilRES 3947 PhilRES, the AIPO, will endeavour to call the “First Regular General Membership National 3948

Convention and Elections” for National Officers and National Directorate within ninety (90) 3949

calendar days upon its determination of the existence of the appropriate condition and 3950

environment to hold the “First Regular General Membership National Convention and 3951

Elections” for National Officers and National Directorate “First Regular General Membership 3952

National Convention and Elections. 3953

3954

All Founding Trustees/Incorporators/Interim AIPO Trustees of PhilRES shall automatically be 3955

eligible to be members who can be endorsed as Local Chapter official nominees of the Local 3956

Chapter where they are Regular Members. Appointed members of “Comelec” are disqualified 3957

and are not eligible to be a nominee of the Local Chapter where they are Regular Members. 3958

3959

All Members in Good Standing of Local Chapters as certified to by the Local Chapter Secretary 3960

and approved by the Comelec, pursuant to the Transitory Provisions of Section 140 Article XXX 3961

are automatically eligible to be included among the members that can be endorsed as Local 3962

Chapter official nominee representatives for submission to and approval by the Comelec. These 3963

nominees are eligible to issue and receive proxy/ies. 3964

3965

The eligible members of the Local Chapter shall select their official nominees. Said nominees 3966

shall be included in the “Certified List of Qualified and Eligible Candidates to the National 3967

Election”. The nomination shall be done by a secret ballot, of the Local Chapter Members in 3968

Good Standing. 3969




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Only one (1) eligible Local Chapter Member, receiving the highest number of votes cast by 3970

secret ballot, of Local Chapter members in good standing, may be nominated for any of the 3971

following national elective positions, to wit: 3972

3973

1. Chairman of the Board; 3974

2. Vice-Chairman of the Board; 3975

3. President; 3976











14. Vice President for Internal Audit; 3987

15. Regional Vice-President; 3988


3990

That thirty (30) calendar days prior to the conduct of the “First Regular General Membership 3991

National Convention and Elections” the Local Chapter Secretary shall submit to Comelec the 3992

“Certified List of Local Chapter Members in Good Standing” who are eligible to become 3993

nominees in the respective positions in PhilRES, pursuant to the Transitory Provisions of 3994

Section 140 Article XXX of PhilRES By Laws. 3995

3996

Of the submitted “Certified List of Local Chapter Roster of Qualified and Eligible Candidates to 3997

the National Elections” Comelec shall evaluate from the list submitted and upon its discretion, 3998

to approve or disapprove any nominee endorsed based on qualifications. 3999

4000

Upon official announcement by Comelec of the “National Roster of Qualified and Eligible 4001

Candidates to the National Elections” all the eligible nominees listed therein shall become the 4002

final and official roster of candidates who will be voted upon by all qualified members. 4003

Nominees must be physically present during the election day. 4004

4005

The “National Roster of Qualified and Eligible Candidates to the National Elections” shall be 4006

issued and released by the Comelec seven (7) days prior to the holding of the “First Regular 4007

General Membership National Convention and Elections”. 4008

4009

4010

Section 142. Transitory Eligibility Provisions for Regular Members Eligible To Vote, 4011

Give Proxy and/or Receive Proxy/ies for the “First Regular General 4012

Membership National Convention and Elections” 4013 The “First Regular General Membership National Convention and Elections” shall be held at a 4014

time and place most convenient and practicable to PhilRES and its members as determined by 4015

the Founding AIPO National Directorate. 4016

4017

At least thirty (30) calendar days prior to the conduct of the “First Regular General Membership 4018

National Convention and Elections” the Local Chapter Secretary shall issue and shall submit to 4019




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Comelec a “Certified List of Local Chapter Members in Good Standing With Voting 4020

Eligibilities” pursuant to the Transitory Provisions of Section 140 Article XXX. 4021

4022

The “Certified List of Local Chapter Members in Good Standing With Voting Eligibilities” 4023

shall be subject to the qualification of and approval by the Comelec that shall be eligible to vote, 4024

give proxy and/or receive proxy/ies on the day of elections for the “First Regular General 4025

Membership National Convention and Elections”. 4026

4027

The consolidated roster of “Certified List of Members in Good Standing With Voting 4028

Eligibilities” per Local Chapter shall be issued and released by the Comelec seven (7) days prior 4029

to the holding of the “First Regular General Membership National Convention and Elections”. 4030

4031

4032

Section 143. Transitory Eligibility Provisions for New Regular Members other than Local 4033

Chapter Founding Members To Be Eligible to Vote 4034 New Regular Members may be admitted into the New Local Chapters and be eligible to vote, 4035

give proxy and/or receive proxy/ies prior to the conduct of the “First Regular General 4036

Membership National Convention and Elections” subject to the provisions contained herein this 4037

Section 143 Article XXX. 4038

4039

Aside from the payment of the compulsory required membership application fees, membership 4040

processing fees, Local Chapter Regular Membership Fees and the National Membership fees, 4041

new Regular Member applicants into the newly organized Local Chapters must possess the 4042

eligibility qualifications pursuant to Section 19 Article IV of these By Laws except for 4043

Paragraph 1 Section 19 Article IV of these By Laws to be accepted and admitted as Regular 4044

Members. 4045

4046

In lieu of the provisions of Paragraph 1 Section 19 Article IV of these By Laws, the following 4047

provisions shall govern the basic eligibility qualification of a Regular Member applicant into the 4048

newly organized Local Chapter: 4049

4050

1. Those real estate service practitioners who have already signed the Roster of Registered 4051

Professionals at the office of the Professional Regulation Commission (PRC) and who 4052

have already been issued their respective Professional Identification Card (ID) and 4053

Certificate of Registration prior to the holding of the “First Regular General Membership 4054

National Convention and Elections” for National Officers and National Directorate and 4055

other qualifications as approved by the Comelec. 4056

4057

4058

2. Those persons whose names appear in the list/s of approved applicants for licensing 4059

without examinations published and/or officially announced by the Professional 4060

Regulation Commission (PRC) either in newspapers or in its official website who have 4061

already signed the Roster of Registered Professionals at the office of the Professional 4062

Regulation Commission (PRC) but have not been issued their respective Professional 4063

Identification Card (ID) and Certificate of Registration prior to the holding of the “First 4064

Regular General Membership National Convention and Elections” for National Officers 4065

and National Directorate and other qualifications as approved by the Comelec. 4066




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3. Those persons whose names appear in the list/s of examinees who successfully passed 4067



its official website and have signed the Roster of Registered Professionals at the office of 4070

the Professional Regulation Commission (PRC) and have been issued their respective 4071


of the “First Regular General Membership National Convention and Elections” for 4073

National Officers and National Directorate and other qualifications as approved by the 4074

Comelec. 4075

4076

4077

4. Those persons whose names appear in the list/s of examinees who successfully passed 4078



its official website and have signed the Roster of Registered Professionals at the office of 4081

the Professional Regulation Commission (PRC) but have not been issued their respective 4082


of the “First Regular General Membership National Convention and Elections” for 4084

National Officers and National Directorate and other qualifications as approved by the 4085

Comelec. 4086

4087

4088

5. The Regular Members must have paid their required Membership Application Fees, 4089

Processing Fees and National Annual Membership Dues and Local Chapter Annual 4090

Membership Dues to be qualified to vote. 4091

4092

At least thirty (30) calendar days prior to the conduct of the “First Regular General Membership 4093

National Convention and Elections” the Local Chapter Secretary shall issue and submit to the 4094

Comelec a “Certified List of Local Chapter Members in Good Standing With Voting 4095

Eligibilities” pursuant to the Transitory Provisions of Sections 140-142 Article XXX. 4096

4097

The “Certified List of Local Chapter Members in Good Standing With Voting Eligibilities” 4098

shall be subject to the qualification of and approval by the Comelec that shall be eligible to vote, 4099

give proxy and/or receive proxy/ies on the day of elections for the “First Regular General 4100

Membership National Convention and Elections”. 4101

4102

4103

Section 144. 4104 Comelec shall prescribe and promulgate the rules and procedures that will determine the 4105

veracity of documents presented to it, including ascertaining the eligibility of the members of 4106

the Local Chapter. These are real estate service practitioners, exercising the right to nominate, 4107

to be nominated, to vote and be voted upon and to give and receive proxy/ies as prescribed in the 4108

Transitory Provisions of Article XXX. 4109

4110

Effectivity and implementation of Section 21(b) Article IV of these By-Laws and Section 93 4111

(1a) Article XIV of PhilRES By-Laws are held in abeyance and will be applicable only after the 4112

holding of the Regular Nominations and Elections of Officers and Members of the Board of 4113

Trustees of PhilRES which be called by the Interim Board of Trustees. 4114




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Section 145. 4115 Effectivity and implementation of Section 21(b) Article IV of these By-Laws is applicable only 4116

upon the holding of the Regular Nominations and Elections of Officers and National Directorate 4117

of PhilRES in selecting the Local Chapter official nominee for Associate Members. The same 4118

shall held in abeyance and the date of the selection of the said Associate Member representative 4119

to the Board will be announced by the Interim Board of Trustees. 4120

4121

4122

Section 146. 4123 Sections 86 (1 & 2) Article XIV of these By-Laws shall be applicable only upon the holding of 4124

Regular Nominations and Election of Officers and the Members of the National Directorate of 4125

PhilRES for the calendar 2014 and onwards. 4126

4127

Prior to the holding of the Regular Nominations and Election of Officers and Members of the 4128

National Directorate of PhilRES for the year 2014, any Regular Members in Good Standing of 4129

PhilRES shall be eligible to be endorsed to Comelec for inclusion into the National Roster of 4130

Qualified and Eligible Candidates. 4131

4132

4133

Section 147. 4134 The observance of the eligibility of candidates on a regional rotation basis requirement is 4135

mandatory as prescribed in Section 89 Article XIV of these By-Laws. This is applicable to 4136

positions of Chairman and Vice Chairman of the Board of Trustees of PhilRES for the calendar 4137

year 2014 and onwards. 4138

4139

4140

Section 148. 4141 The observance of the eligibility of candidates on a regional rotation basis requirement is 4142

mandatory as prescribed in Section 90 Article XIV of these By-Laws. This is applicable to 4143

positions of President and Executive Vice President of PhilRES for the calendar year 2014 and 4144

onwards. 4145

4146

Prior to the holding of the Regular Nominations and Election of Officers and Members of the 4147

National Directorate of PhilRES for the year 2014, any Regular Members in Good Standing of 4148

PhilRES shall be eligible to be endorsed to Comelec for inclusion into the National Roster of 4149

Qualified and Eligible Candidates to the National Elections as the Local Chapter nominees for 4150

election into the position of President and Executive Vice President of the National Directorate 4151

of PhilRES. 4152

4153

4154

4155

ARTICLE XXXI. 4156

AMENDMENTS of the BY-LAWS 4157

Section 149. Amendments 4158 These By-Laws, or any provision thereof, may be amended and adopted or repealed by a 4159

majority vote of the Members in Good Standing and by a majority vote of the Trustees at any 4160

Regular General Membership Meeting or Special General Membership Meeting duly held for 4161

the purpose. 4162

4163




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Adopted this 13th

day of May, 2010 in Quezon City, Republic of the Philippines by the 4164

affirmative vote of the undersigned members representing a majority of all the Members of 4165

PhilRES in Good Standing and the affirmative vote of a majority of the Members of the 4166

National Directorate in a meeting duly held for the purpose. 4167

4168

4169

4170

4171

SGD: Pilar Torres-Banaag SGD: Florentino S. Dulalia, Jr. 4172

Trustee/Chairman Trustee/President 4173

TIN 120-478-582 TIN 165-424-216 4174

4175

4176

4177

SGD: Julius G. Topacio SGD: Mario G. Magcalas 4178

Trustee/Treasurer Trustee/VP Govt Appraisers 4179

TIN 111-972-908 TIN 138-201-751 4180

4181

4182

4183

SGD: Amelita E. Sarmiento SGD: Juan B. Dayag 4184

Trustee/Corp. Secretary Trustee/VP-Appraisers 4185

TIN 142-997-142 TIN 250-910-957-010 4186

4187

4188

4189

SGD: Enrico Melchor G. Sevilla SGD: Marissa P. Magsino 4190

Trustee/VP-Consultants Trustee/Public Info. Off. 4191

TIN 136-387-250 TIN 179-213-354 4192

4193

4194

4195

SGD: Abundio C. Gultiano, Jr. SGD: Mary Gaw So 4196

Trustee/VP-Brokers Trustee/VP-Admin 4197

TIN 080-171-980-518 TIN 184-874-577 4198

4199

4200

4201

SGD: Genaro N. Flores SGD: Ernesto M. Angeles 4202

Trustee Trustee/VP Finance 4203

TIN 138-052-185 TIN 145-662-419 4204

4205

4206

4207

SGD: Gener R. Sison SGD: Nestor P. Quiambao 4208

Trustee/VP-Govt Assessors Trustee 4209

TIN 129-094-811 TIN 130-235-077 4210

4211

4212




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13 July 2011

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4213

4214

SGD: Nelson E. Parreno SGD: Evangeline M. De Jesus 4215

Trustee Trustee/Asst. Corp, Sec. 4216

TIN 126-156-321 TIN 129-252-633 4217

4218

4219

4220

SGD: Maria Teresita B. Canlas SGD: Joselito C. Caballero 4221

Trustee Trustee 4222

TIN 164-955-743 TIN 134-634-816 4223

4224

4225

4226

SGD: Oscar J. Galipot SGD: Alejandro S. Manalac 4227

Trustee Trustee/Asst. Treasurer 4228

TIN 131-081-722 TIN 136-817-560 4229

4230

4231

4232

SGD: Roche U. Rigos 4233

Trustee/VP Membership 4234

TIN 147-848-121 4235




13 July 2011

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13 July 2011

Page 93 of 94

TRUSTEES' CERTIFICATE 4236

4237 We, the undersigned, constituting a majority of the members of the National Directorate, and 4238

the Corporate Secretary, hereby certify that the foregoing Amended Articles of Incorporation 4239

and New By-Laws of the Philippine Institute of Real Estate Service Practitioners (PhilRES) 4240

Incorporated dated 13 July 2011 is a true and correct copy of the Amended Articles of 4241

Incorporation and New By-Laws adopted by PhilRES upon the affirmative vote of the 2/3 of 4242

the members in good standing and affirmative vote of the majority of the Members of the 4243

National Directorate during a joint Regular National Directorate Meeting and Special General 4244

Membership Meeting held at 1pm– 6 p.m. 13 July 2011 PhilRES Office at #139 Matahimik 4245

St., UP Village, Quezon City, Metro Manila 1100, Philippines. 4246

4247

IN WITNESS WHEREOF, we have hereunto signed, and the Corporate Secretary has 4248

countersigned this Certificate in Quezon City, Metro Manila, Philippines, this 13th

day of July 4249

2011. 4250

4251

4252

Pilar M. Torres-Banaag Gener R. Sison 4253

Trustee/Chairman Trustee/President 4254

TIN 120-478-582 TIN 129-094-811 4255

4256

4257

Mario V. Badillo Emilie Q. Duterte 4258

Trustee/Vice Chairman Trustee/Exec. Vice President 4259

TIN 140-512-323 TIN 117-757-866 4260

4261

4262

Josefina D. Magumcia Amelita E. Sarmiento 4263

Trustee/Corp. Secretary Trustee 4264

TIN 110-232-180 TIN 142-997-142 4265

4266

4267

Enrico Melchor G. Sevilla Marissa P. Magsino 4268

Trustee/VP-Consultants Trustee/ 4269

TIN 136-387-250 TIN 179-213-354 4270

4271

4272

Abundio C. Gultiano, Jr. Evangeline M. De Jesus 4273

Trustee/VP-Brokers Trustee 4274

TIN 080-171-980-518 TIN 129-252-633 4275

4276

4277

Nestor P. Quiambao Nelson E. Parreno 4278


TIN 130-235-077 TIN 126-156-321 4280

4281

4282

Maria Teresita B. Canlas Joselito C. Caballero 4283

Trustee /Trustee Trustee 4284

TIN 164-955-743 TIN 134-634-816 4285




13 July 2011

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13 July 2011

Page 94 of 94

4286

Oscar J. Galipot Florentino S. Dulalia, Jr. 4287


TIN 131-081-722 TIN 165-424-216 4289

4290

4291

Jose Julius M. G. Topacio Mario G. Magcalas 4292

Trustee Trustee/VP Govt Appraisers 4293

TIN 111-972-908 TIN 138-201-751 4294

4295

4296

Carolina Q. Alvarez Remigio C. Ramirez 4297


TIN 119-453-928 TIN _____________ 4299

4300

4301

Albert D. Mercado . 4302

Trustee 4303

TIN _____________ 4304

4305

4306

4307

Certified true and correct: 4308

Josefina D. Magumcia 4309

TIN 110-232-180 4310

Corporate Secretary 4311

4312

4313

4314

4315

ACKNOWLEDGMENT 4316

4317

REPUBLIC OF THE PHILIPPINES ) 4318

Quezon City ) 4319

4320

BEFORE ME, Notary Public for and in Quezon City, Metro Manila, Philippines, 4321

personally appeared Josefina D. Magumcia with TIN 110-232-180 known to me and to me 4322

known to be the same person who executed the foregoing Trustees’ Certificate and 4323

acknowledged to me that the same is their own free and voluntary act and deed. 4324

4325

WITNESS MY HAND AND SEAL this 13th

day of July 2011, at Quezon City, Metro 4326

Manila, Philippines. 4327

4328

Doc. No. _____ 4329

Page No. _____ 4330

Book No. _____ 4331

Series of 2011 4332

PhilRES Amended AIC and New by Laws Final Soft Copy (From Rem Ramirez)

Documents

Transcript of PhilRES Amended AIC and New by Laws Final Soft Copy (From Rem Ramirez)