philres new by-laws
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Amended Articles of Incorporation And New By-Laws
Philippine Institute of Real Estate ServicePractitioners (PhilRES) Incorporated
13 July 2011
Page 9 of 94
Amended Articles of Incorporation And New By Laws
Philippine Institute of Real Estate ServicePractitioners (PhilRES) Incorporated
13 July 2011Page 9 of 94
173
174
NEW BY-LAWS175
of the176PHILIPPINE INSTITUTE of REAL ESTATE SERVICE177
PRACTITIONERS (PhilRES) INCORPORATED178
179180
181
182
ARTICLE I.183NAME184
185
Section 1.186The name of the non-stock corporation shall be PHILIPPINE INSTITUTE of REAL ESTATE187
SERVICE PRACTITIONERS (PhilRES) INCORPORATED which, for purposes of these New188
By-Laws, is hereinafter referred to as PhilRES.189
190
191192
ARTICLE II.193
OFFICE194
195Section 2.196The principal business office of PhilRES shall be at PHALTRA bldg., #139 Matahimik St., UP197
Village, Quezon City, Metro Manila 1100, Philippines or at such other address/place as the198
National Directorate may designate from time to time.199
200
201
202
ARTICLE III.203
DEFINITION OF TERMS204
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 PhilRES209
composed of twenty-one (21) members/trustees who are duly elected during an Annual210
General Membership Meeting & Elections representing the regions from National211
Capital Region1 (NCR1), National Capital Region2 (NCR2), South Luzon, North Luzon,212
Visayas and Mindanao.213214
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 the218
regions of NCR1, NCR2, South Luzon, North Luzon, Visayas and Mindanao upon the219
acceptance by the National Directorate as such, are duly organized and existing in the220
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13 July 2011Page 10 of 94
various geographical and political subdivisions in the Philippines, the membership of221
which are composed of Regular Members.222
223
Membership in a Local Chapter and payment of the required association dues/fees are is224
one of the mandatory requirements to be considered as a bona fide and Member in Good225
Standing.226227
D. LOCALCHAPTER OF CHOICE refers to the Local Chapter where the individual228
member is a Regular Member. As such, and where said member has the right to vote and229
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 the232Philippine Institute of Real Estate Service Practitioners (PhilRES) Incorporated.233
234
F. MEMBER IN GOOD STANDING refers to a Regular Member with a valid Real235Estate Service Practitioners license and Professional Identification Card and who has236
paid his/her annual/lifetime association dues to his/her local chapter. An Accredited237
Salesperson listed under a licensed Real Estate Broker and with a valid Salespersons238
Accreditation Number and Identification Card issued by the Professional Regulation239
Commission (PRC), and who is updated in the payment of his/her PhilRES annual240
membership dues (referred as Annual Dues for brevity). A member in good standing is241
also one who is a member of a LOCAL CHAPTER OF HIS/HER CHOICE as certified242
by the LOCAL CHAPTER Secretary and as attested to by the LOCAL CHAPTER243
President.244
245
G. Kindred Organizations - refers to the existing, SEC registered and incorporated kindred246and allied real estate service organizations, whether of local/national in scope and247coverage, who performs services which are supportive or may complement or augment248
the plans and programs of PhilRES.249
250
The Kindred Organizations are, but not limited to the following:251
Institute of Philippine Real Estate Consultants, Inc.252 Philippine Association of Realty Consultants & Specialists, Inc.253 Institute of Philippine Real Estate Appraisers, Inc.254 Philippine Association of Realty Appraisers, Inc.255 Northern Mindanao Association of Real Estate Appraisers, Inc.256 Institute of Public Sector Appraisers of the Philippines, Inc.257 Real Estate Brokers Association of the Philippines, Inc.258 Philippine Realtors Foundation, Inc.259 Chamber of Real Estate Builders Association, Inc.260 National Real Estate Association, Inc.261 National Real Estate Association-Cebu, Inc.262 NAR Philippines, Inc.263 Philippine Association of Realtors Boards, Inc.264 Philippine Association of Local Treasurers & Assessors, Inc.265
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Philippine Association of Municipal Assessors, Inc.266 Philippine Association of Assessing Officers, Inc.267 Philippine Council of Real Estate Educators, Inc.268 CREBA- Research, Inc.269 Subdivision and Housing Developers Association, Inc.270 Organization of Socialized Housing Developers of the Philippines, Inc.271 Philippine Allied Chamber of Real Estate Brokers and Licensed Salesmen,272
Inc. (PhilAcre, Inc)273
Federation of Real Estate Brokers Associations in Region 3274(FREBA R3), Inc.275
Pareb Constituent Member Boards276 Rebap Local Chapters277 Phil-Global Association of Realtors, Inc.278 NREA Chapters279 SUPRA280 SIRCRO281
282
The existence, cognizance and acknowledgement of the functional relevance and283functional utility of these Kindred Organizations depends on the importance of their284
works and cooperation that are supportive or may complement or augment the plans and285
programs of PhilRES. This, however, does not in any way grant them automatic286
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 of290
PhilRES and its general membership.291
292
293
H. COLLEGE of FELLOWS - refers to active and exclusive members within the sectoral294category of PhilRES, who have been elevated to the status of "Fellow". These are295
composed of a select group of licensed real estate practitioners who have consistently296
paid their annual membership dues on time, for at least five (5) years and who have297
distinguished themselves in the practice of the real estate profession.298
299
300
301
ARTICLE IV.302
GENERAL MEMBERSHIP303
304
Section 4. Types of Membership305 A. The Types of Membership of PhilRES consists of:306
307
1. Regular Members308
a. Founding Members309
b. Charter Members310
c. Ordinary Regular Members311
d. Senior Members312
e. Emeritus Members313
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2. Associate Members314
a. Salesperson Members315
b. Kindred Trades Members316
317
318Section 5. Regular Members319
The Regular Members of PhilRES are:320321
1. Natural persons who are licensed and registered real estate service practitioners who have322
been duly licensed and recognized by the Professional Regulatory Board of Real Estate323
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 the327
provisions of Sections 14 and Section 34 Article IV of R. A. 9646, and its Implementing328
Rules and Regulations, and Section 19 Article IV of PhilRES By-Laws.329
330
331
Section 6. Founding Regular Members332The Founding Members of PhilRES are:333
334
1. The Honourable Member of the House of Representatives who is the principal author of335
Republic Act 9646, and its Implementing Rules and Regulations and who is himself a336
duly licensed and recognized real estate service practitioner namely:337
338
a. Hon. Cong. Rodolfo G. Valencia339
340
341
2. The first Board Members of the Professional Regulatory Board of Real Estate Service342
(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 PhilRES352
regardless of their date of admission as bona fide members of PhilRES. They are those353
who are, who were registered and licensed as such pursuant to Section 20 Article III of354
RA 9646, and its Implementing Rules and Regulations, and whose names appear in the355 Roster of Real Estate Service Practitioners Registry of the Professional Regulation356
Commission (PRC). Provided, they have filed their applications for licensing without357
examination with the national, provincial and/or regional business offices of the358
Professional Regulation Commission (PRC) on or before the close of business offices on359
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 in363
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the real estate profession. Moreover, the Convenors Group are those who have acted364
with a moral duty and obligation, to perform to the best of their ability, the functions, and365
capabilities of a real estate service practitioner.366
367
Further, the Convenors Group are those who have acted in the best interest of their368
respective organizations and their members and those who have exercised and have taken369
into consideration the constitutional rights of members guaranteed under Section 8 of370Article III of the 1987 Constitution of the Republic of the Philippines.371
372
The Convenors Group are the distinguished ladies and gentlemen Presidents, and/or373
Chairmen of the Board, and/or Members of the Board of Directors/Trustees and/or374
Officers of the following real estate service associations and organizations:375
376
Institute of Philippine Real Estate Consultants, Inc. (IPREC)377Enrico Melchor G. Sevilla - President 2010378
Amelita E. Sarmiento - Chairman of the Board 2010379
Juan B. Dayag - Vice President 2010380
381
Philippine Association of Realty Consultants & Specialists, Inc. (PARCS)382Domingo De Vera - President 2010383
Victor Salinas384
Carolina Alvarez385
386
Institute of Philippine Real Estate Appraisers, Inc. (IPREA)387Roche U. Rigos - President 2010388
Ernesto M. Angeles389
390
Philippine Association of Realty Appraisers, Inc. (PARA)391Dr. Mary Gaw So - President - 2010392
Filipina Tuazon393394
Real Estate Brokers Association of the Philippines, Inc. (REBAP)395Jose Julius M. G. Topacio - Chairman 2010396
Evangeline M. De Jesus - Vice President for MIS397
Josefina D. Magumcia - VP Internal398
399
Northern Mindanao Association of Real Estate Appraisers, Inc. (NORMINAREA)400Pilar Torres-Banaag - President 2010401
402
Philippine Association of Realtors Boards, Inc.(PAREB)403Pilar Torres-Banaag - President 2010404
Tomasito Academia - Chairman of the Board 2010405Jocelynn Coronado-Sison - Secretary General 2010406
407
Chamber of Real Estate Builders Association, Inc. (CREBA)408Florentino S. Dulalia, Jr. - President 2010409
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National Real Estate Association, Inc. (NREA)410Marissa P. Magsino - President 2010411
Alejandro S. Maalac Chairman 2010412
413
National Real Estate Association, Inc. Cebu (NREA-Cebu)414Abundio C. Gultiano, Jr. - President 2010415
416 NAR Philippines (NAR)417
Moises Canayon - President 2010418
Elizabeth Villareal - Vice President419
Atty. Pagunuran420
421
Philippines Realtors Foundation, Inc. (PRFI)422Jane Saguinsin - President 2010423
Ma. Teresita B. Canlas - Executive Vice President 2010424
425
Institute of Public Sector Appraisers of the Philippines, Inc. (IPSAP)426Joselito C. Caballero - President 2010427
Genaro N. Flores Vice President 2010428
429
Philippine Association of Local Treasurers & Assessors, Inc. (PHALTRA)430Nelson P. Quiambao - President 2010431
432
Philippine Association of Municipal Assessors, Inc. (PAMAS)433Mario G. Magcalas - President 2010434
435
Philippine Association of Assessing Officers, Inc. (PAAO)436Nelson E. Parreno - President 2010437
Gener R. Sison - EVP438
439 Subdivision and Housing Developers Association, Inc.440
Jose De Guzman441
442
Philippine Council of Real Estate Educators, Inc. (PHILCORE)443Amelita E. Sarmiento444
Florentino S. Dulalia, Jr.445
446
Organization of Socialized Housing Developers of the Philippines (OSHDP)447Linda A. Tan448
449
Asian Valuers Association (AVA)450Federico F. Cuervo451
452
SUPRA453Filemon Saromo454
455
SIRCRO456Arnulfo Canaria457
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Federation of Real Estate Brokers Associations in Region3 (FREBA R3), Inc.458Araceli S. Cauguiran - Past President 2009459
Edward R. Tolentino460
461
462
4. The Founding Incorporators/Trustees and witnesses to the Articles of Incorporation and463By-Laws PhilRES.464
465
466Section 7. Charter Members467The Charter Members of PhilRES are all those Regular Members of PhilRES, regardless of date468
of admission as Regular Members of PhilRES, who are registered and licensed real estate469
service practitioners as such, under the provisions of Section 20, Article III of RA 9646, its470
Implementing Rules and Regulations and those whose names appear in the Roster of Real Estate471
Service Practitioners Registry of the Professional Regulation Commission (PRC).472
473
474
Section 8. Senior Members475
Any Regular Member, Associate Member or new member of PhilRES of the age of sixty five476(65) years shall be considered as a Senior Regular Member or Senior Associate Member of477
PhilRES.478
479
Senior Members enjoy all the rights, privileges and responsibilities of a Regular Member and480
shall pay only eighty-percent (80%) of their annual membership dues and/or any other481
assessments.482
483
Senior Members may only lose their membership with PhilRES on any of the following484
grounds:485
486
1. Final conviction of a crime involving moral turpitude or fraud;4872. Removal for any valid/legal causes or for violation of PhilRES By-Laws.488
489
490
Section 9. Member Emeritus Members491A Member Emeritus is a Regular Member who have been in good standing with PhilRES492
continuously for at least twenty-five (25) years with an untarnished record of loyalty and493
exemplary service to the organization.494
495
Regular members may be conferred the title of "Member Emeritus" upon written496
recommendation of the Committee on Membership and the Committee on Awards and upon497
approval by the National Directorate.498
499 Member Emeritus shall enjoy all the rights, privileges and responsibilities of a Regular500
Member. They shall be exempted from further payment of annual membership dues/fees and any501
other assessments, provided, they present their renewed valid PRC Professional Identification502
Card and to be able to exercise the right to give and receive proxies, to vote and be voted upon.503
504
Member Emeritus Members shall have the privilege to use the title "Member Emeritus".505
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Member Emeritus Members may only lose their membership with PhilRES on any of the506
following grounds:507
508
1. Final conviction of a crime involving moral turpitude or fraud;5092. Removal for any valid/legal causes or for violation of PhilRES By-Laws.510
511
512Section 10. Ordinary Regular Members513Ordinary 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 Members518Associate Members are natural persons engaged in kindred trades or occupations in the real519
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 Estate522
Broker, who performs service under the supervision of the latter, and who have been admitted523
by PhilRES thru the LOCAL CHAPTER OF CHOICE of his/her principal broker as a524Salesperson 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 votes528
of all Regular Members in Good Standing voting in a referendum, in a Special Membership529
Meeting for the purpose, may approve membership of other kindred trades or occupations530
which may possibly be classified under the category of Associate Members by PhilRES.531
532
533
Section 12. Sectoral Categories of Real Estate Practitioners534Sectoral 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 a537professional fee, compensation or other valuable consideration, offers/renders538
professional real estate services on the following: (i) acquisition,539
enhancement, preservation, utilization or disposal of lands and including the540
improvements existing thereon; and (ii) the conceptualization, planning, management541
and development of real estate projects;542
543
544
2. Real Estate Appraiser or Real Estate Valuer - a duly registered and licensed natural545person, 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 other547 related properties and its interest, and rendering therein his professional expertise in548
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 natural551person who works in his/her private capacity and is not subject to or covered by552
Civil Service Rules and Regulations, Code of Conduct and Ethical Standards for553
Public Officials and Employees" and Anti-Graft and Corrupt Practices Act;554
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2.2 Real Estate Assessor/Government Appraisers - a Real Estate Appraiser/Valuer is555a natural person who works in a local government unit (LGU) and/or other556
government agencies or government owned or controlled corporations who557
performs appraisal/valuation and assessment of government-owned real558
properties and/or who perform appraisal and assessment of privately owned real559
properties as part of their official functions and they are subject and covered by560
Civil Service Rules and Regulations, Code of Conduct and Ethical Standards for561Public 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 professional565fee, commission or other valuable consideration, acts as an agent/attorney-in-fact of a566
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 estate569
transactions or any interest therein;570
571
572
4. Accredited Real Estate Salesperson is one who performs real estate services for a573valuable consideration or in expectation of a share in the professional fee or574
commission in the performance of his/her services. He/She is a duly accredited575
natural person who may or may not be listed by a Licensed Real Estate Broker, in576
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 before578
he/she can practice his/her profession as a Real Estate Salesperson.579
580
581
Section 13. Sectoral Categories College of Fellows582The College of Fellows, hereinafter referred to as the College is an institution within PhilRES583
which is composed of active Regular Members of the particular sector where they are Regular584
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 Fellows591
(Private Sector Real Estate Appraiser/Valuer and GOCC/LGU Sector Real Estate592
Assessor/Appraisers);593
594
3. Real Estate Brokers College of Fellows;595
596597Section 14. Purposes and Objectives of College of Fellows598The 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, research601
and formulate policies and programs which includes but is not limited to the602
Code of Ethics & Responsibilities and other concerns, issues and policies that603
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affect their particular sector to be submitted for consideration of the National604
Directorate;605
606
b. To promote the interest and advancement of the real estate industry and607
profession and of PhilRES and to contribute to the promotion, enhancement608
programs and activities beneficial to the general membership; and609
610c. To advance the interest of the real estate industry and of PhilRES and contribute611
to the programs and activities of the general membership.612
613
614Section 15. Promotion as a Fellow615A Regular Member may be promoted as Fellow upon such procedures as may be determined616
by the National Directorate. The following are the qualifications to be considered and promoted617
as a Fellow, to wit:618
619
a. All Founding Incorporators, Founding Members of the National Directorate, the620
Founding Officers and the Members of the different Committees and all Charter621
Members of PhilRES are automatically members of the College of Fellows of the622particular sector where they are Regular Members of.623
624
b. Any Regular Member of PhilRES may be nominated into the applicable Sectoral625
Category of the College of Fellows. Provided the member nominee must have626
been a member in good standing consistently and continuously with the PhilRES627
and he/she must have consistently paid his membership dues on time at least last628
five (5) years prior to the time of his nomination.629
630
c. The grant, conferment and use of such title of distinction and honorary631
conferment of title shall be in accordance with the evaluation and procedures set632
forth and as may be deemed proper by the National Directorate and conferred in a633
formal investiture ceremony.634
635
d. Conferment of such title shall be made only after the formal confirmation of such636
award by the Membership Committee and upon recommendation and approval of637
such honorary title by the National Directorate.638
639
e. The member awardee shall be then formally accepted and inducted as a Fellow640
during a formal awarding ceremony conferring such title of Fellow in his641
particular Sectoral Category.642
643
f. Arrears in the payment of the annual membership dues for the five (5) year644
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 and646
the Secretary General.647
648
649
Section 16. Governing Body of the College of Fellows650The College shall vote for a set of Officers consisting of the Executive Director, Vice Executive651
Director, Secretary, and Finance Officer. They shall administer the affairs and projects of the652
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College of Fellows during the time of their tenure of office, taking in consideration as guide the653
Implementing Rules and Regulations of the College of Fellows654
655
656Section 17. Implementing Rules and Regulations of the College of Fellows657The College of Fellows shall adopt an Implementing Rules and Regulations in order to assist the658
officers in the accomplishment of the task assigned to them, taking into consideration all the best659and possible undertakings for which it was intended and designed.660
661
The policies, activities and Implementing Rules and Regulations of the College of Fellows shall662
be subject to the approval of the National Directorate before implementation. The same shall not663
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 Fellows6671. Honorary Membership of any Sectoral College of Fellows may be conferred upon any668
local national or foreign national whether a real estate service practitioner or practicing669
in a kindred trade or activity.670
671The prospective honorary awardee must possess high standards of moral integrity and672
must have exceptionally contributed to the advancement of the real estate service673
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 of676
the College of Fellows in good standing. Said nomination shall be approved by the677
National Directorate and the College of Fellows of the sectoral category where the678
honorary prospective awardee was nominated into.679
680
3. An Honorary Member of the College of Fellows enjoys the right and privilege to be681
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 to684
practice the real estate service profession unless allowed under RA 9646 and other685
related laws in the Philippines.686
687
688
Section 19. Requirements for Membership Admission to PhilRES689Regular Membership into PhilRES shall be automatic and mandatory for all licensed real estate690
service practitioners whose names are verified to be true and appear in the Roster of Real Estate691
Service Practitioners Registry of the Professional Regulation Commission (PRC).692
693
Associate Membership into PhilRES shall be automatic and mandatory for all Accredited694 Salespersons whose names and accreditation as Salespersons are verified to be true and pursuant695
to the provisions of Section 34 Article IV of R.A. 9646, and its Implementing Rules and696
Regulations and whose application for Associate Membership into PhilRES is accompanied by a697
notarized certification of conferment of accreditation, guaranty and warranty licensed and698
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 a701
certificate of registration or a professional identification card pursuant to the provisions of702
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Section 24 Article III of RA 9646 shall be automatic bona fide members of PhilRES and must703
submit and comply with the prescribed additional requirements to be a member in good704
standing in order to enjoy and receive the benefits and privileges that only a member in good705
standing shall have the privilege and right to exercise as applicable.706
707
All real estate service practitioners with verified eligible qualifications shall automatically708
become bona fide members of PhilRES. All New Members must submit and comply with the709following 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.712and certificate issued by the Professional Regulatory Board of Real Estate713
Service for authentication and comparison to the photocopy presented together714
with his application. This is in pursuance to the provisions of Section 3(g) Article715
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 member719shall be a member of a Local Chapter of his choice, provided that his/her720
application into the Local Chapter of his choice must accept and approves his/her721membership application.722
723
724
3. He/She may join one or more Local Chapter. Provided, that said member pays all725his/her Membership Dues and Assessments to every Local Chapter that he is a726
member. Provided further that the said member submits a declaration of the727
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 authorized731representative to verify all information contained in his application for732
membership and including datas and information as appearing in his/her733
Members Information Record;734
735
736
5. He/She must indicate the complete residential address as certified to by the737Barangay Captain/Barangay Clearance issued by the Barangay Captain where738
he/she resides and his/her office/business address in his application for739
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 Ethics743and Responsibilities, as approved and adopted by the PRBRES and the PRC prior744 to his/her formal investiture into PhilRES in solemn proceedings specifically set745
for the purpose;746
747
748
7. He/She shall accomplish one (1) Members Information Record for every sectoral749category where he/she belongs. Any other member shall simply correct/update750
his membership data form with PhilRES in conformity with any additional or loss751
of eligibility to perform any category of real estate service or type of752
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membership.753
754
8. All registered and licensed real estate service practitioners as well as accredited755
salespersons whose names appear in the Roster of Real Estate Service756
Practitioners Registry of the Professional Regulation Commission (PRC)757
pursuant to the provisions of Section 34 Article IV of R.A. 9646, and its758
Implementing Rules and Regulations shall continue to be bona fide members of759PhilRES 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 provisions764
of these By-Laws.765
766
767
9. Associate Members may only apply as a member of the Local Chapter of768
Choice where his/her principal broker is a Regular Member of and that the769
Associate Member applicant shall have fully complied with the provisions of770
these By-Laws.771772
773
Section 20. Local Chapter Organization and Membership Requirements774Local Chapters shall be organized in accordance with the following:775
776
1. The National Directorate shall prescribe a uniform set of Articles of Incorporation and777
By-Laws and rules governing the formation, incorporation, administration and operation778
of Local Chapters which shall not be inconsistent with the Articles of Incorporation and779
By-Laws of PhilRES.780
781
Exceptions or modifications of the rules and provisions of the By-Laws for specific782
Local Chapter shall not be allowed unless otherwise approved by the National783
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 provisions787
of these By-Laws and such rules, regulations, plans, programs or activity adopted and788
sanctioned by the National Directorate;789
790
791
3. All Local Chapters shall be under the general supervision of their respective Regional792
Vice Presidents as provided in these By-Laws;793
794795
4. The Regional Area Jurisdiction and Local Chapter jurisdiction shall be based on its796
geographical and political boundaries as defined in Section 79(2) Article XIII, and797
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 the802
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number of accredited salesperson associate members and such other requirements as may803
be determined as necessary by the National Directorate as recommended by the Chapter804
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 National808
Directorate to set-up a New Local Chapter enclosing therewith the following minimum809requirements:810
811
6.1 Unconditional commitment by the petitioners to fully adopt the prescribed812standard and uniform Articles of Incorporation and By-Laws approved by the813
National Directorate for all Local Chapters under PhilRES with no exceptions or814
additions thereto;815
816
6.2 Duly accomplished and filled-up proposed new Members Information Record of817the proposed Local Chapter together with photocopies of their valid Certificate of818
Registration and Professional Identification Card, among others.819
820
The application for a proposed Local Chapter shall be accepted or denied by the National821Directorate upon the joint recommendations of the (a) Chapter Development and Chapter822
Affairs Committee, and (b) Membership Committee;823
824
825
7. An applicant for Local Chapter organization shall be circularized within the period of826
fifteen (15) days together with its proposed members upon payment of the required827
chapter organization application fee, payment of the required chapter membership828
processing fee, payment of the required Annual Chapter dues, and the payment of829
required membership fees of its individual members;830
831
832
8. Once an application for a Local Chapter organization is approved, the recommendation833
and its approval shall be accompanied by the prescribed standard and uniform Articles of834
Incorporation and By-Laws approved by the National Directorate for all Local Chapters835
under PhilRES;836
837
838
9. No Local Chapter shall be registered with the Securities and Exchange Commission839
(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 during844 formal investiture proceedings, and PhilRES will formally present and induct its officers845
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 the849
Membership Committee within thirty (20) calendar from receipt of the filing of their850
complete application for membership into PhilRES.851
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Only applications for membership that fully complies with all the requirements for852
membership application shall be accepted for processing.853
854
855
12. PhilRES shall exercise full right, option and discretion to approve, reject, consolidate856
and/or merge applications to form chapters or intents to form chapters.857
858859
Section 21. Minimum Membership Residency Requirement Rule860a) Regular Members may become a member of any or all of the different sectoral categories of861
licensed real estate service practitioners, provided that, the member is a duly licensed real862
estate service practitioner of such category and that the applicant fully complies with the863
provisions of these By-Laws.864
865
b) A Local Chapter Regular Member can only be nominated, voted or, appointed to represent866his/her real estate category if the Regular member has the required twelve (12) months867
continuous minimum membership residency requirement in good standing in that particular868
real estate category, and as proof compliance the Regular Member must show at least two869
(2) consecutive membership dues payment receipts of his Mother Chapter dated not later870than March 15 of any given year or as evidenced by the membership records issued in871
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 of874his/her sector only when the Associate Member has the required twelve (12) months875
continuous minimum membership residency requirement in good standing in that particular876
real estate service category, and as proof compliance the Regular Member must show at least877
two (2) consecutive membership dues payment receipts of his Local Chapter of Choice dated878
not later than March 15 of any given year or as evidenced by the membership records issued879
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:882883
(1) who transfer to, or884
(2) who become members of newly formed Local Chapters,885
886
are subject to the twelve (12) months continuous minimum residency rule in the Local887
Chapter of Choice where they are new members of, except those Regular Members that are888
admitted as new members during the effectivity of the Transitory Provisions of these New889
By Laws as adopted on 13 July 2011.890
891
892
Section 22. Resignation from Membership893 Any member may resign from membership from any category at any time in PhilRES through a894
written notice submitted to the Secretary General provided that such resignation shall not be895
effected and binding upon PhilRES until acted upon by the National Directorate even though the896
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) calendar899
days from receipt of said notice.900
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Upon approval of such resignation from membership, the Secretary General shall immediately901
bring the matter to the attention of the PRC through the PRBRES. Forthwith the member902
concerned shall cease to be a member of PhilRES and his name shall be stricken out from the903
Official Roster of Registered and Licensed Real Estate Practitioners maintained by the PhilRES904
and by the PRC from the Roster of Real Estate Service Practitioners Registry of the Professional905
Regulation Commission (PRC)..906
907Notwithstanding any other provision in these By-Laws, a member against whom a charge of908
violating the laws and regulations is pending may not resign or be terminated from membership909
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 financial915
obligations with PhilRES and his/her Local Chapter as evidenced by a Certification of No916
Financial Accountability from the Treasurer.917
918
919Section 23. Forfeiture of Membership and Forfeiture of Membership Privileges920a) A member, shall upon hi/her s final conviction of a crime of moral turpitude or any other921
offence punishable by at least six (6) months imprisonment, shall automatically lose and922
forfeit all his Memberships in all categories and forfeit all his Membership Privileges as923
well with PhilRES.924
925
b) A member, upon due notice and hearing, may only be censured, suspended or removed and926
forfeit any or all of his Membership Privileges with PhilRES in the particular category where927
he/she was charged in, after all avenues of appeal with the Professional Regulatory928
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 be931
given a clearance only after paying all his/her financial obligations with PhilRES and his/her932
Local Chapter as evidenced by a Certification of No Financial Accountability from the933
Treasurer.934
935
936
937
ARTICLE V.938
FEES and DUES939
940
Section 24. Payment of Membership Fees941
An initial membership fee of Php 500.00 shall be assessed as Annual Regular Membership dues942 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 Associate945
Membership dues to be initially collected from the Associate Members due to PhilRES, the946
recognized AIPO.947
948
All Membership dues and fees payable to PhilRES-National of whatever nature shall be only949
paid thru the members Local Chapter and these fees and assessments in turn shall be remitted to950
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PhilRES-National for the account of the paying member by hi/her s Local Chapter not later than951
fifteen (15) days upon receipt of such payments.952
953
The National Directorate may allow direct payments by members of other fees and assessments954
to PhilRES-National.955
956
957Section 25. Membership Application Fees and Processing Fees for New Individual958
Members and New Local Chapter Members959The National Directorate shall determine the appropriate and reasonable fees and any other960
assessments to be collected from its members and may at any time modify or increase the fees it961
deems appropriate and reasonable upon consultation with the Professional Regulation962
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 membership965
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 Chapter968
Membership processing fee shall be paid upon submission of all Chapter Organization969applications.970
971
972
Section 26. Regular Annual Membership Dues973The National Directorate shall determine the appropriate and reasonable Regular Annual974
Membership Dues and any other assessments to be collected from its members and may at any975
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 Annual978
Regular Membership dues to be initially collected from the Regular Members and an initial979
membership fee of Php 300.00 shall be initially assessed as by way of Annual Associate980
Membership dues to be initially collected from the Associate Members due to PhilRES, the981
recognized AIPO.982
983
a) All individual members are obligated to pay PhilRES-National Annual Membership Dues984
and Local Chapter Annual Membership Dues and any other reasonable assessments he/she985
belongs to on time;986
987
b) All local chapters are obligated to pay Annual Chapter Dues and any other reasonable988
assessments on time;989
990
c) PhilRES-National Individual Annual Membership dues and any other reasonable991
assessments for any calendar year are payable not later than the 15
th
of March of every year;992993
d) Local Chapter Annual Individual Membership dues and any other reasonable assessments994
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 assessments997
to PhilRES-National for any calendar not later than the 15th
of March of every year;998
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f) An individual member or Local Chapter whose membership has been forfeited or suspended999
shall still be required to pay his/her or its membership dues for the current year, thereafter1000
the said member need not pay his/her or its membership dues until after the lifting of his/her1001
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 its1004
membership dues after serving his his/her or its suspension from PhilRES or after having1005been readmitted into PhilRES;1006
1007
h) A member who has resigned or who has been removed or suspended shall be given a1008
clearance only after paying all his/her or its financial obligations with PhilRES as evidenced1009
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 every1012
year or fraction thereof;1013
1014
j) A member must pay all past due unpaid membership dues and all past due unpaid fees and1015
assessments inclusive of surcharges together with the membership dues for the current year1016
to update his/her or its membership standing with PhilRES;10171018
k) A member who fails to pay his/her or its membership dues for two (2) consecutive years1019
shall be automatically suspended indefinitely from PhilRES. The indefinite suspension shall1020
take effect ten (10) calendar days from date of receipt by the member concerned of Notice1021
of Suspension of Membership Privileges Due to Non-Payment of Membership Dues.1022
1023
Notification by registered mail sent to the concerned members registered residential1024
address on file with PhilRES shall constitute proper notification and receipt of such Notice1025
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 the1028
National Directorate to recommend to the Professional Regulation Commission (PRC)1029
through the PRBRES the possible suspension of the delinquent member from the practice of1030
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 to1033
the Membership Committee and Chapter Development & Chapter Affairs Committee which1034
shall in turn conduct due notification and hearing to require the delinquent local chapter1035
member to show cause why the said local chapter should not be suspended together with1036
its entire membership from PhilRES.1037
1038
Thereafter, the Membership Committee and Chapter Development & Chapter Affairs1039
Committee shall jointly make its recommendations to the National Directorate for proper1040 action and disposition;1041
1042
m) The amount of Annual Individual Membership Dues and Annual Chapter Dues to be paid by1043
Individual Members and Local Chapters may be increased by the National Directorate at1044
anytime subject to the ratification and approval by a simple majority of regular members in1045
good standing during a special meeting specifically held for that purpose without need to1046
amend these By-Laws.1047
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Any increase in Membership Dues shall be subject to final approval by the Professional1048
Regulation Commission (PRC) upon recommendation by the Professional Regulatory Board1049
of Real Estate Service (PRBRES) before being implemented.1050
1051
1052Section 27. Special Contributions and Assessments1053
Special contributions and/or assessments necessary to finance a special project or undertaking of1054PhilRES may be collected from the members by authority of a resolution duly approved by the1055
National Directorate and subsequently approved by a simple majority of the general membership1056
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 account1059
specifically created for the purpose.1060
1061
1062
1063ARTICLE VI.1064
ACCEPTANCE FOR MEMBERSHIP, CHARGING, OATHTAKING1065
&1066BADGING OF ENSIGNS1067
1068
Section 28. Acceptance for Membership1069No New Member shall be accepted as a Member in good standing unless the local chapter1070
membership circularization requirements had been completely complied with.1071
1072
1073
Section 29. Charging and Oath Taking of Members1074All new members who have completely complied with the membership requirements shall be1075
officially charged and administered his/her Membership Oath as Member in Good Standing of1076
PhilRES.1077
1078
1079
Section 30. Badging of the PhilRES Ensigns/Pin1080After the Oath Taking, the accepted member shall be badged with PhilRES ensigns/pin either1081
by the Sponsor(s) or any PhilRES Officer.1082
1083
1084
1085
ARTICLE VII.1086
CERTIFICATE of MEMBERSHIP1087
&1088
MEMBERSHIP IN GOOD STANDING10891090Section 31. Issuance of Certificate of Membership in Good Standing1091Each member in good standing shall receive a Certificate of Membership in Good Standing1092
issued by PhilRES duly certified to and signed by the Secretary General, Treasurer, Membership1093
Committee Chairperson and attested by the President upon:1094
1095
(a)Presentation of proof on the renewal of the professional identification cards;1096
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(b)Full payment of his/her annual dues not later than the 15th of March of every year;10971098
(c) Issuance of a Certification of No Financial Accountability with PhilRES Treasurer;10991100
(d)Has complied with the minimum residency requirement provisions of this New By Laws1101as adopted on 13 July 2011; and1102
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 PhilRES1107Membership certificates, emblems or other evidences of membership issued at any time to the1108
member is the permanent property of PhilRES and shall be returned by the individual member1109
upon termination of his/her membership with PhilRES for any reason after due notice and1110
hearing except by death.1111
1112
1113
Section 33. Return of PhilRES Property1114
Any member who resigns or is expelled shall immediately return his certificate, emblems, pin,1115seal and other marks of identity as a member of PhilRES. Failure to return thereof upon demand1116
made by the President or by the Membership Committee, the National Directorate may1117
undertake necessary action to prevent the use and recovery the same or may cause notice of the1118
member resignation, suspension or expulsion publicity through newspaper publication or other1119
media announcements.1120
1121
1122
Section 34. Content of Certificate of Membership In Good Standing.1123The 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; and1132
h) Seal of the PhilRES.1133
i) Any other information that the National Directorate may deem fit and proper as declared1134
in a board resolution for the specific purpose.1135
1136
1137
1138 ARTICLE VIII.1139RECOGNITION PROTOCOL,1140
MEMBERS RIGHTS, PRIVILEGES, DUTIES AND RESPONSIBILITIES1141
1142
Section 35. Members Rights and Privileges11431. Rights and Privileges of Founding Members1144
a) Any and all Founding Members present at any meeting or activity of PhilRES shall be1145
duly acknowledged and given due recognition prior to the acknowledgement and1146
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recognition of all other special guests, dignitaries, Officers, Trustees and other members1147
of PhilRES;1148
1149
b) Any and all Founding Members present at any meeting or activity of PhilRES shall have1150preferential 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 Founding1153 Members present at any meeting or activity of PhilRES.11541155
1156
2. Rights and Privileges of Charter Members1157
1158
a) Any and all Charter Members present at any meeting or activity of PhilRES shall be duly1159
acknowledged and given due recognition after any and all Founding Members present at1160
any meeting or activity of PhilRES shall have been duly acknowledged and given due1161
recognition;1162
1163
b) Charter Members present at any meeting or activity of PhilRES shall be duly1164
acknowledged and given due recognition prior to the acknowledgement and recognition1165of all other members, special guests, dignitaries, Officers, Trustees and other members of1166
PhilRES;1167
1168
c) There shall be a separate registration folder and/or registration list for all Charter1169
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 to1177
the provisions of residency requirements as applicable) as required;1178
1179
c) To enjoy the facilities, benefits and other entitlements of PhilRES attached to the1180
membership;1181
1182
d) To be included in the Roster of Real Estate Service Practitioners to be submitted to the1183
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 of1188 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 of1191
discounts during Seminars/Trainings, to receive honorarium if he/she has rendered1192
services as Resources Speaker/Reviewer and the Secretariat;1193
1194
h) To be endorsed in schools, colleges and universities to teach subjects that requires the1195expertise of licensed Real Estate Service practitioners; and1196
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i) To be endorsed as Commissioner in Court, nominee to the professional regulatory board,1197resident Real Estate Service Practitioner and/or Retainer of Project Developers, and the1198
like if warranted.1199
1200
j) To be appointed as members of committees at all levels of the PhilRES;12011202
k) To serve as Chapter delegates to national and local PhilRES conventions, conferences1203 and , conferences and international conferences and fora;12041205
l) Subscribe to all publications and documents issued by the PhilRES for information,1206assistance and guidance of its members;1207
1208
m)No Membership privilege/s may be withheld, removed, restricted or otherwise denied1209any member without the appropriate National Directorate Board Resolution approving1210
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;12151216
a) To be included in the list of bona fide members roll of PhilRES;12171218
b) To continue to receive communications from PhilRES12191220
c) To attend any meeting of PhilRES and attend conferences as a passive observer upon1221payment of the appropriate assessments or fees at the same rate paid by members in good1222
standing, but, the member can not vote, nor be voted upon, receive or give proxy/ies, nor1223
propound questions, nor be part of the consideration of the quorum, nor make any1224
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 the1233
membership;1234
1235
c) To be included in the Roster of Real Estate Service Practitioners to be submitted to the1236
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 of1239
discounts during Seminars/Trainings and any other authorized and/or sanctioned activity1240
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 the1243
limitations upon such Associate members thereof;1244
1245
f) To be included in the list of Associate Member nominees;1246
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g) To serve as Chapter delegates to national and local PhilRES conventions, conferences1247
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 the1253Associate Members Pool of Nominees from which the National Trustees-Elect shall1254
choose the Associate Member representative to the National Directorate as selected by1255
the Associate Members in Good Standing of the Local Chapter from among themselves1256
by secret ballot.1257
1258
No Membership privilege/s may be withheld, removed, restricted or otherwise denied any1259
Associate Member without the appropriate National Directorate Board Resolution approving1260
such specific action upon any member.1261
1262
1263
6. Associate Members Do Not Have The Following Rights1264
1265a) To exercise the right to vote on all matters relating to the affairs of PhilRES except as1266
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 Practitioners1282All Members In Good Standing shall be included in the Roster of Real Estate Service1283
Practitioners to be submitted to the Professional Regulatory Board of the Real Estate Service1284
(PRBRES) as required by Section 22, Article III of R. A. 9646, and its Implementing Rules and1285
Regulations and/or appropriate government agencies within fifteen (15) days after the end of the1286
calendar year or such other date required by order or memorandum or resolution of the1287
Professional Regulation Commission (PRC) to be prepared by the Membership Committee.12881289
1290
Section 37. Duties and Responsibilities of All Members1291A member shall have the following duties and responsibilities:1292
1293
1. To read, comply and abide by the By Laws of PhilRES;1294
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2. To obey and comply with PhilRES By-Laws, policies and procedures and any rules that1295
maybe promulgated;1296
1297
3. To observe compliance to the provisions of the Real Estate Service Act (R. A. 9646), its1298
Implementing Rules and Regulations and any other existing realty laws that maybe1299
promulgated by the proper authorities;1300
13015. To attend all required meetings that may be called by the National Directorate and by the1302
Committee Chairmen;1303
1304
6. To pay annual membership dues and other fees and assessments of PhilRES on time;13051306
7. To observe and faithfully abide by and comply with the National Code of Ethics and1307Responsibilities;1308
1309
8. To be an active member of the Local Chapter and to the sectoral College of Fellows he1310belongs to as applicable;1311
1312
9. To have the moral obligation to serve as Officer, Director, Committee Chairperson and1313Committee Member as applicable;1314
1315
10.To support all the activities of PhilRES including attendance to organize trainings,1316seminars, workshops, forum, conventions and conferences and its advocacy against1317
pernicious real estate services practices of unlicensed or unauthorized individuals and1318
juridical persons;1319
1320
11.To provide free services to PhilRES if called for;13211322
12.To pay the agreed royalty fees to PhilRES on referrals at all times without need for1323demand;1324
1325
13.To observe the approved tariff of professional fees of real estate service;13261327
14.To report immediately any act of wrong doing by any member or staff or employee of1328PhilRES 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 conduct1331and behaviour and must not be a cause for public scandal; and1332
1333
16.Not to do any act(s) which are in competition and/or, prejudicial and/or inimical to1334PhilRES', PhilRES' officers, trustees, staff and/or employees, any of PhilRES' plans1335
programs, undertakings and/or public image and/or reputation.1336
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ARTICLE IX.1337
NATIONAL BOARD OF TRUSTEES1338
(National Directorate)1339
1340Section 38. General Management and Governing Policy Making Body1341The general management and governing policy making body of PhilRES shall be vested in a1342
National Board of Trustees which shall be known collectively as the National Directorate1343composed of Twenty-One (21) Trustees who shall be elected annually by all Regular Members1344
in Good Standing who shall serve and perform their duties and responsibilities from January 011345
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 and1348
special meetings of the National Directorate except at Special General Membership Meetings1349
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 necessary1352
to assist and help PhilRES in the implementation/administration of its official duties and1353
functions and will be officially designated as the Board Legal Counsel.1354
13551356
Section 39. Quorum1357The National Directorate acts only as a collective body and no power is vested in any individual1358
Trustee as such.1359
1360
The presence of at least Twelve (12) members of the National Directorate shall be necessary at1361
all regular and special meetings of the National Directorate to constitute a quorum for the1362
transaction of any business, and simple majority (50% plus 1) of the quorum duly assembled as1363
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 National1366
Directorate of PhilRES except at Special General Membership Meetings and Annual General1367
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 the1370
Vice-Chairman shall preside thereof.1371
1372
In the absence of the Chairman and the Vice-Chairman of the National Directorate during any1373
meeting where there exists a quorum, the Trustees constituting such a quorum shall appoint a1374
temporary presiding Trustee for such particular meeting.1375
1376
The presiding Trustee only votes in order to break a deadlock or tie in National Directorate1377
voting or in any meeting wherein a division of the house results in a tie.13781379
1380
Section 40. Regular and Special Meetings of the National Directorate1381The National Directorate shall hold Regular Meetings at least once a month, at such particular1382
hour or place as the National Directorate may set.1383
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Special Meetings of the National Directorate may be called by the Chairman of the National1384
Directorate or President at his discretion or by written request by Twelve (12) members of the1385
National Directorate.1386
1387
1388
Section 41. Notice of Meeting1389
Notices of Regular Meetings of the National Directorate or Special Meetings of the National1390Directorate shall be mailed, e-mailed, faxed or sent by special courier or messengerial service or1391
any other verifiable means of communication by the Secretary General at least four (4) days1392
before the date fixed for the meeting.1393
1394
1395
Section 42. Waiver of Notice of Meeting1396Notices of Regular Meetings or Special Meetings of the National Directorate may be waived1397
only in formal writing provided that those National Trustees waiving such notice of meeting are1398
part of a valid quorum of such meeting and/or are those National Trustees requesting for such1399
Special Meeting of the National Directorate or Emergency Meeting of the National Directorate.1400
1401
1402Section 43. Regular Attendance in National Directorate Meetings1403Officers and Trustees are mandated to attend all National Directorate Meetings.1404
1405
Unauthorized absence from three (3) regular meetings, consecutive or otherwise shall be1406
considered as constructive resignation on the part of the absentee Officer or Trustee unless prior1407
notice of a reasonable cause for such absence is received by the Secretary General at least three1408
(3) calendar days before such scheduled regular meeting of the National Directorate.1409
1410
1411
Section 44. Rules of Order1412Roberts Rules of Order, latest edition, shall be recognized as the authority and guide governing1413
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.1419NATIONAL OFFICERS & NATIONAL TRUSTEES1420
1421
Section 45. General1422The Members of the National Directorate of PhilRES shall perform and function in their duties1423
and responsibilities as any regularly Members of the National Directorate would normally1424
operate as permitted under the Corporation Code of the Philippines.14251426
The regularly elected Members of the National Directorate of Phi1RES shall occupy and1427
perform their duties and responsibilities from January 01 until December 31 of every calendar1428
year unless expressly provided for in this By-Laws.1429
1430
These National Directorate and Officers of PhilRES shall perform their duties and1431
responsibilities customary to the offices unless otherwise specifically specified in these By-1432
Laws.1433
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These National Directorate shall occupy and shall continue to perform and act on matters1434
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 simple1438
majority of all members in good standing.1439
14401441
Section 46. Chairman of the National Directorate1442The Chairman of the National Directorate who shall be a Trustee, shall preside at all meetings of1443
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 in1447
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 Board1451
The Vice Chairman of the National Directorate, who shall be a Trustee, shall perform all duties1452as customary to his office. He shall:1453
1454
a) shall preside at all meetings of the National Directorate of PhilRES whenever the1455Chairman of the National Directorate shall be unable to preside at any and all meetings1456
of the National Directorate;1457
1458
b) represent PhilRES and act in its name subject when so specifically ordered to do so or1459assigned to him by the National Directorate;1460
1461
c) do and perform any and all other duties, functions and responsibilities assigned to1462him/her by the National Directorate.1463
1464
1465
Section 48. President1466The President, who shall be a Trustee, shall perform all duties as customary to his office. He1467
shall:1468
1469
a) be the Chief Executive Officer of PhilRES;14701471
b) preside at all Special Membership Meetings and at the Annual General Membership1472Meeting and Elections;1473
1474
c)
represent PhilRES in all internal and external functions and act in its name subject to the1475 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;14781479
e) submit an annual report to the members;14801481
f) shall be an ex-oficio member of all committees.1482
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Section 49. Executive Vice President1483The Executive VicePresident, who shall be a Trustee, shall perform all duties as customary to1484
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;14891490c) represent PhilRES and act in its name subject to the declared policies of the National1491
Directorate and the provisions of these By-Laws in the temporary absence of the1492
President;1493
1494
The Executive Vice President shall have the powers, authorities, duties, functions and1495
responsibilities assigned and duties the President or National Directorate may from time to time1496
assign to him.1497
149