PhilRES - Amended Articles of Incorporation and New By Laws

94
Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 1 of 94 Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 1 of 94 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 PHILIPPINE INSTITUTE of REAL ESTATE SERVICE 22 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

description

Official Articles of Incorporation and By-Laws of PhilRES, the official AIPO under RA 9646 (Philippines). Posted by Broker Rem Ramirez

Transcript of PhilRES - Amended Articles of Incorporation and New By Laws

Page 1: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 1 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011 Page 1 of 94

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

PHILIPPINE INSTITUTE of REAL ESTATE SERVICE 22 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

Page 2: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 2 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011 Page 2 of 94

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

Page 3: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 3 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011 Page 3 of 94

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

Page 4: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 4 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011 Page 4 of 94

143 144 145

146 147 148

Page 5: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 5 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011 Page 5 of 94

149 150 151

152 153 154

Page 6: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 6 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011 Page 6 of 94

155 156 157

158 159 160

Page 7: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 7 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011 Page 7 of 94

161 162 163

164 165 166

Page 8: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 8 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011 Page 8 of 94

167 168 169

170 171 172

Page 9: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 9 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011 Page 9 of 94

173 174

NEW BY-LAWS 175 of the 176

PHILIPPINE INSTITUTE of REAL ESTATE SERVICE 177 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

Page 10: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 10 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 10 of 94

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

Page 11: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 11 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 11 of 94

• 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

Page 12: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 12 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 12 of 94

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

Page 13: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 13 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 13 of 94

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

Page 14: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 14 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 14 of 94

• 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

Page 15: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 15 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 15 of 94

• 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

Page 16: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 16 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 16 of 94

“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

Page 17: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 17 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 17 of 94

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

Page 18: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 18 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 18 of 94

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

Page 19: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 19 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 19 of 94

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

Page 20: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 20 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 20 of 94

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

Page 21: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 21 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 21 of 94

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

Page 22: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 22 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 22 of 94

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

Page 23: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 23 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 23 of 94

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

Page 24: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 24 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 24 of 94

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

Page 25: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 25 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 25 of 94

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 of March of every year; 995 996 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 of March of every year; 998

Page 26: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 26 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 26 of 94

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

Page 27: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 27 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 27 of 94

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

Page 28: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 28 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 28 of 94

(b) Full payment of his/her annual dues not later than the 15th of March of every year; 1097 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

Page 29: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 29 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 29 of 94

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

Page 30: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 30 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 30 of 94

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

Page 31: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 31 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 31 of 94

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

Page 32: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 32 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 32 of 94

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

Page 33: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 33 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 33 of 94

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

Page 34: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 34 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 34 of 94

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

Page 35: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 35 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 35 of 94

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

Page 36: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 36 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 36 of 94

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 duties as customary to his office. In addition he/she shall: 1519

1520 a) Be responsible for the compliance of the discipline’s requirement that may be later on 1521

implemented upon the direction of the Professional Regulatory Board for Real Estate 1522 Service (PRBRES); 1523

1524 b) Update the membership committee on information needed within the rank; 1525 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

Page 37: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 37 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 37 of 94

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

a) Be responsible for the compliance of the discipline’s requirement that may be later on 1535 implemented upon the direction of the Professional Regulatory Board for Real Estate 1536 Service (PRBRES); 1537

1538 b) Update the membership committee on information needed within the rank; 1539 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

a) Be responsible for the compliance of the discipline’s requirement that may be later on 1551 implemented upon the direction of the Professional Regulatory Board for Real Estate 1552 Service (PRBRES); 1553

1554 b) Update the membership committee on information needed within the rank; 1555 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

a) Be responsible for the compliance of the discipline’s requirement that may be later on 1568 implemented upon the direction of the Professional Regulatory Board for Real Estate 1569 Service (PRBRES); 1570

1571 b) Update the membership committee on information needed within the rank; 1572 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

Page 38: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 38 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 38 of 94

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 duties as customary to his office. In addition he/she shall: 1618 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

Page 39: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 39 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 39 of 94

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

Page 40: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 40 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 40 of 94

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 responsibilities the President or the National Directorate may from time to time assign to 1681 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

Page 41: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 41 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 41 of 94

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 responsibilities the President or the National Directorate may from time to time assign to 1738 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

Page 42: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 42 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 42 of 94

The Vice President for Internal Audit shall have the powers, authorities, duties, functions and 1772 responsibilities the President or the National Directorate may from time to time assign to 1773 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

Page 43: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 43 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 43 of 94

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 4. Only Regular Members in Good Standing who are physically present at all meetings 1852

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

Page 44: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 44 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 44 of 94

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

Page 45: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 45 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 45 of 94

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

Page 46: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 46 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 46 of 94

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

Page 47: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 47 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 47 of 94

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 municipalities and cities that make up the political and geographic jurisdictions of: 2056

2057 Region 04a Calabarzon; 2058 Region 04b Mimaropa; 2059 Region 05 Bicol Region. 2060

Page 48: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 48 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 48 of 94

Section 84. Visayas Regional Area Jurisdiction 2061 The Visayas Regional Area Jurisdiction shall be composed of the provinces, first class 2062 municipalities and cities that make up the political and geographic jurisdictions of: 2063 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 municipalities and cities that make up the political and geographic jurisdictions of: 2071

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

Page 49: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 49 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 49 of 94

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

Page 50: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 50 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 50 of 94

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 6. Only Regular Members in Good Standing who are physically present at all meetings 2188

and/or elections may vote. 2189 2190 2191 7. Only Regular Members in Good Standing who are physically present at all meetings 2192

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

Page 51: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 51 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 51 of 94

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 4. Executive Vice-President; 2217 5. Secretary General; 2218 6. Vice President for Consultants; 2219 7. Vice President for Appraiser; 2220 8. Vice President for Brokers; 2221 9. Vice President for Government Assessors; 2222 10. Vice President for Government Appraisers; 2223 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 17. Vice President for Treasury; 2230 18. Vice President for Membership; 2231 19. Vice President for Chapter Development & Chapter Affairs; 2232 20. Vice President for Administration; 2233 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

Page 52: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 52 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 52 of 94

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 18th 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

Page 53: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 53 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 53 of 94

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

Page 54: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 54 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 54 of 94

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

Page 55: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 55 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 55 of 94

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

Page 56: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 56 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 56 of 94

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 National Directorate. 2489

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

Page 57: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 57 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 57 of 94

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

Page 58: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 58 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 58 of 94

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

Page 59: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 59 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 59 of 94

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

Page 60: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 60 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 60 of 94

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 customary to his office and shall have the powers, authorities, duties, functions 2664 and responsibilities assigned and duties the Local Chapter President or Local 2665 Chapter Board of Trustees may from time to time assign to him. 2666 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

Page 61: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 61 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 61 of 94

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 customary to his office and shall have the powers, authorities, duties, functions 2705 and responsibilities assigned and duties the Local Chapter President or Local 2706 Chapter Board of Trustees may from time to time assign to him. 2707 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

Page 62: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 62 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 62 of 94

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

Page 63: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 63 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 63 of 94

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

Page 64: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 64 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 64 of 94

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

Page 65: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 65 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 65 of 94

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

Page 66: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 66 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 66 of 94

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

Page 67: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 67 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 67 of 94

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

Page 68: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 68 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 68 of 94

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

Page 69: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 69 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 69 of 94

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

Page 70: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 70 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 70 of 94

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

Page 71: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 71 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 71 of 94

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

Page 72: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 72 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 72 of 94

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 National Directorate. 3269 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

Page 73: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 73 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 73 of 94

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

Page 74: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 74 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 74 of 94

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

Page 75: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 75 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 75 of 94

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

Page 76: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 76 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 76 of 94

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

Page 77: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 77 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 77 of 94

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

Page 78: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 78 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 78 of 94

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

Page 79: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 79 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 79 of 94

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

Page 80: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 80 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 80 of 94

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

Page 81: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 81 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 81 of 94

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

Page 82: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 82 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 82 of 94

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

Page 83: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 83 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 83 of 94

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

Page 84: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 84 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 84 of 94

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

Page 85: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 85 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 85 of 94

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

the licensure examinations for real estate service practitioners published and/or officially 3918 announced by the Professional Regulation Commission (PRC) either in newspapers or in 3919

Page 86: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 86 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 86 of 94

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

Page 87: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 87 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 87 of 94

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 4. Executive Vice-President; 3977 5. Vice President for Consultants; 3978 6. Vice President for Appraiser; 3979 7. Vice President for Brokers; 3980 8. Vice President for Government Assessors; 3981 9. Vice President for Government Appraisers; 3982 10. Vice President for Treasury; 3983 11. Vice President for Membership; 3984 12. Vice President for Chapter Development & Chapter Affairs; 3985 13. Vice President for Administration; 3986 14. Vice President for Internal Audit; 3987 15. Regional Vice-President; 3988 16. Secretary General; 3989

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

Page 88: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 88 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 88 of 94

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

Page 89: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 89 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 89 of 94

3. Those persons whose names appear in the list/s of examinees who successfully passed 4067 the licensure examinations for real estate service practitioners published and/or officially 4068 announced by the Professional Regulation Commission (PRC) either in newspapers or in 4069 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 Professional Identification Card (ID) and Certificate of Registration prior to the holding 4072 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

the licensure examinations for real estate service practitioners published and/or officially 4079 announced by the Professional Regulation Commission (PRC) either in newspapers or in 4080 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 Professional Identification Card (ID) and Certificate of Registration prior to the holding 4083 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

Page 90: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 90 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 90 of 94

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

Page 91: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 91 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 91 of 94

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

Page 92: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 92 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 92 of 94

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

Page 93: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 93 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 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 Trustee Trustee 4279 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

Page 94: PhilRES - Amended Articles of Incorporation and New By Laws

Amended Articles of Incorporation And New By-Laws Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated 13 July 2011 Page 94 of 94

Amended Articles of Incorporation And New By Laws Philippine Institute of Real Estate Service

Practitioners (PhilRES) Incorporated 13 July 2011

Page 94 of 94

4286 Oscar J. Galipot Florentino S. Dulalia, Jr. 4287

Trustee Trustee 4288 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 Trustee Trustee 4298 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