RESA / RESA IRR / PRBRES LOGO Flashcards
any act, omission, establishment, business or condition of property or condition of property or anything else which injures/endangers the health and safety of others, shocks, defies, or disregards decency or morality; and annoys or offends the senses
nuisance
RESA Law
RA 9646 “Real Estate Service Act of 2009”
RESA Law effectivity date
July 30, 2009
RESA Law passed on Senate and House of Representatives
May 12, 2009
RESA Law approved/signed by the president GMA date
June 29, 2009
RESA Law Senate Bill No. and House Bill No.
Senate Bill 2963, House Bill 3514
RESA IRR Date of signing
July 21, 2010
RESA IRR Effective date
August 8, 2010
what are the bundle of rights
right to possess, use, enjoy, dispose, exclude, vindicate
the one and only national integrated organization of natural persons that the board shall recognize or accredit subject to the approval by the commission
Accredited and Integrated Professional Organization (AIPO)
operate and perform activities or acts prior to the birth of AIPO
Interim Accredited Professional Organization (IAPO) - Federation of Real Estate Service Association (FRESA)
PRC meaning
Professional Regulation Commission
PRBRES
Professional Regulatory Board of Real Estate Service
PRBRES is composed of
a chairperson and 4 members (3 recommended by AIPO, 2 from Government) appointed by the President
author of RESA Law
Rodolfo G. Valencia
adopt National Code of Ethics
PRBRES
issue National Code of Ethics
AIPO
Composition of PRBRES
(names)
Chairperson: Ofelia C. Binag
Members: Rafael M. Fajardo, Jose Arnold M. Tan, Pilar M. Torres-Banaag
First Chairperson of the Board
Eduardo G. Ong
First Appointed PRBRES Board Terms of Office
Chairperson - 3 years
2 of the members - 2 years
Last two members - 1 year
The chairperson and the members of the board shall hold office for a term of ___ from the date of appointment and until their successor shall have been appointed
3 years (2 terms)
any vacancy in the Board shall be filled for the ___ of the term of the member who vacated the position
unexpired portion
The Board shall be under the supervision of the
Commission (PRC)
All records shall be kept by the
Commission (PRC)
The secretary of the board shall be designated by the
Commission (PRC)
Conveyance of a real estate is called
Grant (Deed is the instrument)
A document to make changes in a written will
Codicil
Name of the court process that determine the decedent’s heirs and creditors, pays debt owned by the state, and transfers title to any remaining property from the decedent to the decedent’s heirs
probate
the transfer of personal property by will
bequest
the transfer of real property by will
devise
the personal property being transferred by will
Legacy
recipient of real property ___
donor of real property ___
Devisee, Devisor
recipient of personal property ___
donor of personal property ___
Legatee, Legator
is a gratuitous transfer of rights and property that shall take effect during the lifetime of the donor
Donation Inter Vivos
An act by which the owner of a thing voluntarily transfers the title and possession of the same from himself to another person, without any consideration; a gift
Donation
Tax for Donation to a stranger ___
if there is fraud ___
30%, 50%
Donor’s Tax after TRAIN Law
first 250,000 not taxable, exceeding subject to 6% donor’s tax
Donation Inter Vivos is to Donor’s Tax, Donation Mortis Causa is to ___
Estate Tax
Takes effect upon the death of the donor
Donation Mortis Causa
Is an act of gratuitously transferring property or rights motivated by the liberality of the giver in favor of the receiver who accepts it
Donation
The person who died and whose property is transmitted through sucession
Decedent
the decedent whose properties are to be transferred to his successor through a written will
Testator
what congress is RESA Law approved
14th Congress
The certificate of registration issued by the PRC shall remain in full force and effect _____ or suspended in accordance with this act
until revoked
the board may after the expiration of ___ years from the date of revocation of a certificate of registration and/or professional ID card reinstate any revoked COR and reissue suspended PRC ID
2
Registration without examination
Grandfather’s clause (Sec. 20, RESA Law)
Registration without examination by the DTI by virtue of
Ministry Order No. 39
the board may issue special/temporary permit to real estate service practitioner from foreign countries whose services urgently needed in absence or unavailability of local real estate service practitioners for the purpose of ___ of the profession on the Philippines
promoting or enhancing the practice
professional indemnity insurance / cash or surety bond not required for
consultants
professional indemnity insurance / cash or surety bond amount ___, renewable every ___
not less than 20,000 renewable every 3 years
required before entering the practice of real estate service
oath
exemptions from the act constituting the practice of Real Estate Service
Attorney-in-fact (without compensation)
Public Official (in performance of duties)
Receiver in bankruptcy proceedings
Court Order
Owners of real estate (except developers)
Trustee or Assignee
within ___ years from the effectivity of RA 9646, all existing and new position in the government that requires the services of real estate service practitioner, shall be filled only by registered and licensed real estate practitioner
3
requirements for Real Estate Salespersons
2 years College, 12 hours CPE, under supervision of broker
those salespersons who are registered with DTI/HLURB or other salespersons who are in active practice for at least 3 years prior to the effectivity of RA 9646 may also be accredited by the Board until July 30, 2011 provided
certified by a licensed broker, undergone 120 training hours in real estate brokerage
refers to the legal right accorded to a person or party that confers the temporary right to use and derive income or benefit from someone else’s property
usufruct
division or departments of partnerships and corporations engaged in marketing or selling any real estate development project must be headed by
full time registered and licensed real estate brokers
branch offices of real estate practitioners must be manned by
duly licensed real estate brokers, appraisers or consultants
Real Estate Service Practitioners shall be required to indicate the ____ on documents issued and signed
COR
PRD ID License No.
PTR No.
AIPO Membership No.
dates of issuance and validity
shall adopt and promulgate the code of ethics and responsibilities
BOARD
shall prescribe and issue the code of ethics and responsibilities
AIPO
penalty for violation of RA 9646 for licensed
not less than 100,000, not less than 2 years or both
penalty for violation of RA 9646 for unlicensed
not less than 200,000, not less than 4 years or both
in case of violation is commited by a juridical person, who will be held liable and responsible
Partner
President
Director
Manager
what does the color blue represent in PRBRES official seal
service
what does the color green represent in PRBRES official seal
environment and ecology
what does the color gold represent in PRBRES official seal
ethical standards and prosperity
The law that governed the real estate service practice prior to the RESA,
was
A. DTI Code of Commerce
B. DTI Ministry Order No. 39, Series of 1985
C. DTI Ministry Order No. 85, Series of 1989
D. Real Estate Service Act of the Philippines
B. DTI Ministry Order No. 39, Series of 1985