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REAL ESTATE NEWS AND UPDATES:

REPUBLIC ACT NO. 9646      

Congress of the Philippines
Fourteenth Congress

[  REPUBLIC ACT NO. 9646 ]

AN ACT REGULATING THE PRACTICE OF REAL ESTATE SERVICE IN THE PHILIPPINES, CREATING FOR THE PURPOSE A PROFESSIONAL REGULATORY BOARD OF REAL ESTATE SERVICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Congress of the Philippines
Fourteenth Congress

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

ARTICLE I

TITLE, DECLARATION OF POLICY AND DEFINITION OF TERMS

SECTION 1. Title.   -   This Act shall be known as the. "Real Estate Service Act of the Philippines".

SEC. 2. Declaration of Policy. - The State recognizes the vital role of real estate service practitioners in the social political, economic development and progress of the country by promoting the real estate market, stimulating economic activity and enhancing government income from real property-based transactions. Hence, it shall develop and nurture through proper and effective regulation and supervision a corps of technically competent, responsible and respected professional real estate service practitioners whose standards of practice and service shall be globally competitive and will promote the growth of the real estate industry.

SEC. 3. Definition of Terms. - As used in this Act, the following terms shall mean:

  A. "Appraiser" also known as valuer, refers to a person who conducts valuation/appraisal; specifically, one who possesses the necessary qualifications, license, ability and experience to execute or direct the valuation/appraisal of real property.
  B. "Assessor" refers to an official in the local government unit, who performs appraisal and assessment of real properties, including plants, equipment, and machineries, essentially for taxation purposes. This definition also includes assistant assessors.
  C. "Real estate" refers to the land and all those items which are attached to the land. It is the physical, tangible entity, together with all the additions or improvements on, above or below the ground.
  D. "Real estate development project" means the development of land for residential, commercial, industrial, agricultural, institutional or recreational purposes, or any combination of such including, but not limited to, tourist resorts, reclamation projects, building or housing projects, whether for individual or condominium ownership, memorial parks and others of similar nature.
  E, "Real estate developer" refers to any natural or juridical person engaged in the business of developing real estate development project for his/her or its own account and offering them for sale or lease.
  F. "Real property" includes all the rights, interests and benefits related to the ownership of real estate.
  G. "Real estate service practitioners" shall refer to and consist of the following:
    1. Real estate consultant - a duly registered and licensed -natural person who, for a professional fee, compensation or other valuable consideration, offers or renders professional advice and judgment on: (i) the acquisition, enhancement, preservation, utilization or disposition of lands or improvements thereon; and (ii) the conception, planning, management and development of real estate projects.
    2. Real estate appraiser� a duly registered and licensed natural person who, for a professional fee, compensation or other valuable consideration, performs or renders, or offers to perform services in estimating and arriving at an opinion of or acts as an expert on real estate values, such services of which shall be finally rendered by the preparation of the report in acceptable written form.
    3. Real estate assessor � a duly registered and licensed natural person who works in a local government unit and performs appraisal and assessment of real properties, including plants, equipment, and machineries, essentially for taxation purposes.
    4. Real estate broker - a duly registered and licensed natural person who, for a professional fee, commission or other valuable consideration, acts as an agent of a party in a real estate transaction to offer, advertise, solicit, list, promote, mediate, negotiate or effect the meeting of the minds on the sale, purchase, exchange, mortgage, lease or joint venture, or other similar transactions on real estate or any interest therein.
    5. Real estate salesperson - a duly accredited natural person who performs service for, and in behalf of. a real estate broker who is registered and licensed by the Professional Regulatory Board of Real Estate Service for or in expectation of a share in the commission, professional fee, compensation or other valuable consideration.

 

ARTICLE II

PROFESSIONAL REGULATORY BOARD OF REAL ESTATE SERVICE

SEC. 4. Creation and Composition of the Board. - There is hereby created a Professional Regulatory Board of Real Estate Service, hereinafter referred to as the Board, under the supervision and administrative control of the Professional Regulation Commission (PRC), hereinafter referred to as the Commission, composed of a chairperson and four (4) members who shall be appointed by the President of the Philippines from the three (3) recommendees chosen by the Commission from a list of five (5) nominees per position submitted by the accredited and integrated professional organization of real estate service practitioners: Provided, That two (2) of the members of the Board shall represent the government assessors and appraisers.

The first Board shall be organized within six (6) months from the effectivity of this Act.

SEC. 5. Powers and Functions of the Board. � The Board is hereby vested the following powers and functions:

  A. Provide comprehensive policy guidelines for the promotion and development of the real estate industry;
  B. Conduct licensure examinations for the practice of the real estate service profession and prescribe the appropriate, syllabi of the subjects for examination;
  C. Issue, suspend, revoke or reinstate, after due notice and hearing, certificates of registration or professional identification cards for the practice of real estate service;
  D. Maintain a comprehensive and updated register of licensed real estate service professionals;
  E. Monitor the conditions affecting the practice of real estate service and adopt such measures as may be proper for the enhancement of the profession and/or the maintenance of high professional, ethical and technical standards;
  F. Adopt a national Code of Ethics and Responsibilities to be strictly observed by all licensed real estate service practitioners;
  G. Hear or investigate any violation of this Act, its implementing rules and regulations, and the Code of Ethics and Responsibilities for real estate service practitioners and issue subpoena and subpoena duces tecum to secure the appearance of witnesses and the production of documents in connection therewith;
  H. Safeguard and protect legitimate and licensed real estate service practitioners and, in coordination with the accredited and integrated professional organization of real estate service practitioners, monitor all forms of advertisements, announcements, signboards, billboards, pamphlets, brochures and others of similar nature concerning real estate and, where necessary, exercise its quasi-judicial and administrative powers to finally and completely eradicate the pernicious practices of unauthorized or unlicensed individuals;
  I Prescribe, in cooperation with the Commission on Higher Education (CHED) or the concerned state university or college, the essential requirements as to the curricula and facilities of schools, colleges or universities seeking permission to open academic courses or already offering such courses in real estate service, and to see to it that these requirements, including the employment of qualified faculty members, are properly complied with;
  J. Promulgate, .administer and enforce rules and regulations necessary in carrying out the provisions of this Act;
  K. Supervise and regulate the registration, licensure and practice of real estate service in the Philippines;
  L. Assess and fix the rate of reasonable regulatory fees;
  M. Administer oaths and affirmations;
  N. Adopt an official seal of the Board;
  O. Evaluate periodically the status of real estate service education and profession, and recommend and/or adopt measures to upgrade and maintain its high standard;
  P. Prescribe guidelines and criteria for the Continuing Professional Education (CPE) program for real estate service practitioners in consultation with the accredited and integrated professional organization of real estate service practitioners;
  Q. Screen, issue and monitor permits to organizations of real estate professionals in the conduct of seminars and accredit such seminars pursuant to the CPE program, as well as the instructors or lecturers therein, for the purpose of upgrading the quality and knowledge of the profession;
  R. Monitor and supervise the activities of the accredited and integrated professional organization and other associations of real estate service practitioners; and
  S, Discharge such other powers, duties and functions as the Commission may deem necessary to carry out the provisions of this Act.

The policies, resolutions and rules and regulations issued or promulgated by the Board shall be subject to the review and approval by the Commission. However, the Board's decisions, resolutions or orders which are not interlocutory, rendered in an administrative case, shall be subject to review by the Commission only on appeal.

SEC. 6. Qualifications of the Chairperson and Members of the Board. - The chairperson and the members of the Board shall, at the time of their appointment, possess the following qualifications:

  A. A citizen and resident of the Philippines;
  B. A holder of a bachelor's degree related to real estate;
  C. An active licensed practitioner of real estate service for at least ten (10) years prior to his/her appointment;
  D. A bona fide member in good standing of the accredited and integrated professional organization of real estate service practitioners but not an officer or trustee at the time of his/her appointment;
  E. Neither be a member of the faculty of an institute, school, college or university, nor have any pecuniary interest, direct or indirect, in any institution or association where review classes or lectures in preparation for the licensure examination are being offered or conducted; and
  F. Of good moral character, and must not have been convicted by final judgment by a competent court of a criminal offense involving moral turpitude.

SEC. 7. Term of Office. - The chairperson and the members of the Board shall hold office for a term of three (3) years from the date of their appointment and until their successor/s shall have been appointed: Provided, That the members of the first appointed Board shall hold office for the following terms: one (1) member as chairperson, to serve for three (3) years; two (2) members, to serve for two (2) years; and two (2) members, to serve for one (1) year.
The chairperson and the members of the Board may be reappointed for a second term but in no case shall he/she serve continuously for more than six (6) years. Any vacancy in the Board shall be filled for the unexpired portion of the term of the member who vacated the position. On the constitution of the first Board, the chairperson and the members of the Board shall automatically be registered and issued certificates of registration and professional identification cards. Each member of the Board shall take the proper oath of office prior to the assumption of duty.

SEC. 8. Compensation and Allowances of the Chairperson and Members of the Board. - The chairperson and the members of the Board shall receive compensation and allowances comparable to the compensation and allowances received by the chairman and the members of existing professional regulatory boards under the Commission, as provided for in the General Appropriations Act.

SEC. 9. Removal of the Chairperson and Members of the Board. - The chairperson or any member of the Board may be suspended or removed by the President of the Philippines, upon the recommendation of the Commission, for neglect of duty; abuse of power; oppression; incompetence; unprofessional, unethical, immoral or dishonorable conduct; commission or toleration of irregularities in the conduct of examination or tampering of the grades therein, or for any final judgment or conviction of any criminal offense involving moral turpitude.

SEC. 10. Supervision of the Board, Custodian of its Records, Secretariat and Support Services. � The Board shall be under the general supervision and administrative control of the Commission. All records of the Board, including applications for examination, examination papers and results, minutes of deliberations, administrative and other investigative cases involving real estate service practitioners, shall be kept by the Commission. The Commission shall designate the secretary of the Board and shall provide the secretariat and other support services to implement the provisions of this Act subject to the usual government accounting and auditing rules and regulations.

SEC. 11. Annual Report. - The Board shall, at the close of each calendar year, submit an annual report to the Commission, giving a detailed account of its proceedings and accomplishments during the year and recommending measures to be adopted with the end-in-view of upgrading and improving the conditions affecting the practice of real estate service in the Philippines.

 

ARTICLE III

LICENSURE EXAMINATION AND REGISTRATION

SEC. 12. Licensure Examination. - Every applicant seeking to be registered and licensed as a real estate service practitioner, except a real estate salesperson, shall undergo an examination as provided for in this Act. Examinations for the practice of real estate service in the Philippines shall be given by the Board at least once every year in such places and dates as the Commission may designate.

SEC. 13. Scope of Examination. - An examination shall be given to the licensure applicants for real estate brokers, real estate appraisers and real estate consultants which shall include, but not limited to, the following:

  A. For real estate consultants - fundamentals of real estate consulting; standards and ethics; consulting tools and techniques, which include project feasibility study and investment measurement tools; real estate finance and economics; real estate consulting and investment analyses; consulting for specific engagement, which includes consulting for commercial, industrial, recreation and resort and hotel properties, and consulting for government and corporate and financial institutions; land management system and real property laws; and any other related subjects as may be determined by the Board;
  B. For real estate appraisers � fundamentals of real estate principles and practices; standards and ethics; theories and principles in appraisal; human and physical geography; methodology of appraisal approaches; valuation procedures and research; appraisal of machinery and equipment; practical appraisal mathematics; appraisal report writing; real estate finance and economics; case studies; land management system and real property laws; and any other related subjects as may be determined by the Board; and
  C. For real estate brokers - fundamentals of property ownership; code of ethics and responsibilities; legal requirements for real estate service practice; real estate brokerage practice; subdivision development; condominium concept; real estate finance and economics; basic principles of ecology; urban and rural land use; planning, development and zoning; legal aspect of sale, mortgage and lease; documentation and registration; real property laws; and any other related subjects as may be determined by the Board.

To conform with technological and modern developments, the Board may re-cluster, rearrange, modify, add to, or exclude any of the foregoing subjects as may be necessary.

SEC. 14. Qualification of Applicants for Examinations.-In order to be admitted to the licensure examination for real estate service, a candidate shall, at the time of filing his/her application, establish to the satisfaction of the Board that he/she possesses the following qualifications:

  A. A citizen of the Philippines;
  B. A holder of a relevant bachelor's degree from a state university or college, or other educational institution duly recognized by the CHED: Provided, That as soon as a course leading to a Bachelor's degree in Real Estate Service is implemented by the CHED, the Board shall make this course a requirement for taking the "licensure examination; and
  C. Of good moral character, and must not have been convicted of any crime involving moral turpitude: Provided, That an applicant for the licensure examination for real estate consultants must show proof that he/she has at least ten (10) years experience as a licensed real estate broker or an assessor, or as a bank or institutional appraiser or an employed person performing real property valuation, or at least five (5) years experience as a licensed real estate appraiser.

All applications for examination shall be filed with the Board which shall assess and approve said applications and issue to the qualified examinees the corresponding permits to take such examination.

SEC. 15. Ratings in the Examination. - In order that a candidate may be deemed to have successfully passed the examination, he/she must have obtained an average of at least seventy-five percent (75%) in all subjects, with no rating below fifty percent (50%) in any subject.

SEC. 16. Release of the Results of Examination. - The results of the licensure examination shall be released by the Board within ten (10) days from the last day of the examination.

SEC. 17. Issuance of the Certificate of Registration and Professional Identification Card. - A certificate of registration shall be issued to examinees who pass the licensure examination for real estate service subject to payment of fees prescribed by the Commission. The certificate of registration shall bear the signature of the chairperson of the Commission and the chairperson and the members of the Board, stamped with the official seal of the Commission, indicating that the person named therein is entitled to practice the profession with all the benefits and privileges appurtenant thereto. This certificate of registration shall remain in full force and effect until revoked or suspended in accordance with this Act.

A professional identification card bearing the registration number, date of issuance and expiry date, duly signed by the chairperson of the Commission, shall likewise be issued to every registrant upon payment of the required fees. The professional identification card shall be renewed every three (3) years and upon satisfying the requirements of the Board such as, but not limited to, attendance in the CPE program.

SEC. 18. Refusal to Register. - The Board shall not register and issue a certificate of registration to any successful examinee who has been convicted by a court of competent jurisdiction of any criminal offense involving moral turpitude or has been found guilty of immoral or dishonorable conduct after investigation by the Board, or has been found to be psychologically unfit.

SEC. 19. Revocation or Suspension of the Certificate of Registration and the Professional Identification Card or Cancellation of Special/Temporary Permit. - The Board may, after giving proper notice and hearing to the party concerned, revoke the certificate of registration and the professional identification card, or cancel the special/temporary permit of a real estate service practitioner, or suspend him/her from the practice of the profession on any of the following instances hereunder:

  A. Procurement of a certificate of registration and/or professional identification card, or special/temporary permit by fraud or deceit;
  B. Allowing an unqualified person to advertise or to practice the profession by using one's certificate of registration or professional identification card, or special/temporary permit;
  C. Unprofessional or unethical conduct;
  D. Malpractice or violation of any of the provisions of this Act, its implementing rules and regulations, and the Code of Ethics and Responsibilities for real estate service practitioners; and
  E, Engaging in the practice of the profession during theperiod of one's suspension.

SEC. 20. Registration Without Examination, - Upon application and payment of the required fees, the following shall be registered, and shall be issued by the Board and the Commission a certificate of registration and a professional identification card without taking the prescribed examination:

  A. Those who, on the date of the effectivity of this Act, are already licensed as real estate brokers, real estate appraisers or real estate consultants by the Department of Trade and Industry (DTI) by virtue of Ministry Order No. 39, as amended: Provided, That they are in active practice as real estate brokers, real estate appraisers and real estate consultants, and have undertaken relevant CPE to the satisfaction of the Board;
  B. Assessors and appraisers who, on the date of the effectivity of this Act, hold permanent appointments and are performing actual appraisal and assessment functions for the last five (5) years, have passed the Real Property Assessing Officer (RPAO) examination conducted and administered by the Civil Service Commission (CSC) in coordination with the Department of Finance (DOF), and have undertaken relevant CPE to the satisfaction of the Board; and
  C. Assessors and appraisers who, on the date of the effectivity of this Act, hold permanent appointments and have at least ten (10) years actual experience in real property appraisal or assessment and have completed at least one hundred twenty (120) hours of accredited training on real property appraisal conducted by national or international appraisal organizations or institutions/entities recognized by the Board and relevant CPE to the satisfaction of the Board.

Those falling under categories (b) and (c) shall register with the Board after they shall have complied with the requirements for registration as real estate appraisers: Provided, That those seeking to be licensed to a new credential level shall be required to take the pertinent licensure examination.

Those so exempt under the aforementioned categories shall file their application within two (2) years from the effectivity of this Act: Provided, That the renewal of the professional identification card is subject to the provisions of Section 17 hereof.

SEC. 21. Reinstatement, Reissuance or Replacement of Certificate of Registration, Professional Identification Card and Special/Temporary Permit. - The Board may, after the expiration of two (2) years from the date of revocation of a certificate of registration and/or professional identification card, and upon application, compliance with the required CPE units, and for reasons deemed proper and sufficient, reinstate any revoked certificate of registration and reissue a suspended professional identification card and in so doing, may, in its discretion, exempt the applicant from taking another examination.

A new certificate of registration, professional identification card or special/temporary permit may be issued to replace lost, destroyed or mutilated ones, subject to the rules as may be promulgated by the Board.

SEC. 22. Roster of Real Estate Service Practitioners. -The Board, in coordination with the integrated professional organization of real estate service practitioners, shall prepare, update and maintain a roster of real estate service practitioners which shall contain the names of all registered real estate service practitioners, their residence and office addresses, license number, dates of registration or issuance of certificates, and other data which the Board may deem pertinent. Copies thereof shall be made available to the public upon request.

SEC. 23. Issuance of Special/Temporary Permit. - Upon application and payment of the required fees and. subject to the approval of the Commission, the Board may issue special/temporary permit to real estate service practitioners from foreign countries whose services are urgently needed in the absence or unavailability of local real estate service practitioners for the purpose of promoting or enhancing the practice of the profession in the Philippines.

SEC. 24. Foreign Reciprocity. - No foreign real estate service practitioner shall be admitted to the licensure examination or be given a certificate of registration or a professional identification card, or be entitled to any of the privileges under this Act unless the country of which he/she is a citizen specifically allows Filipino real estate service practitioners to practice within its territorial limits on the same basis as citizens of such foreign country.

 

ARTICLE IV

PRACTICE OF REAL ESTATE SERVICE

SEC. 25. Oath. � All successful examinees qualified for registration and all qualified applicants for registration without examination as well as accredited salespersons shall be required to take an oath before any member of the Board or any officer of the Commission duly authorized by the Commission to administer oaths prior to entering into the practice of real estate service in the Philippines.

SEC. 26. Professional Indemnity Insurance/Cash or Surety Bond.� All real estate brokers and private real estate appraisers shall, in addition to the oath referred to in the preceding section, be required to post a professional indemnity insurance/cash or surety bond, renewable every three (3) years, in an amount to be determined bjr the Board, which in no case shall be less than Twenty thousand pesos (P20,000.00), without prejudice to the additional requirement of the client.

SEC. 27. Acts Constituting the Practice of Real Estate Service. - Any single act or transaction embraced within the provisions of Section 3(g) hereof, as performed by real estate service practitioners, shall constitute an act of engaging in the practice of real estate service.

SEC. 28. Exemptions from the Acts Constituting the Practice of Real Estate Service. - The provisions of this Act and its rules and regulations shall not apply to the following":

  A. Any person, natural or juridical, who shall directly perform by himself/herself the acts mentioned in Section 3 hereof with reference to his/her or its own property, except real estate developers;
  B. Any receiver, trustee or assignee in bankruptcy or insolvency proceedings;
  C. Any person acting pursuant to the order of any court of justice;
  D. Any person who is a duly constituted attorney-in-fact for purposes of sale, mortgage, lease or exchange, or other similar contracts of real estate, without requiring any form of compensation or remuneration; and
  E. Public officers in the performance of their official duties and functions, except government assessors and appraisers.

 

SEC. 29. Prohibition Against the Unauthorized Practice of Real Estate Service. - No person shall practice or offer to practice real estate service in the Philippines or offer himself/herself as real estate service practitioner, or use the title, word, letter, figure or any sign tending to convey the impression that one is a real estate service practitioner, or advertise or indicate in any manner whatsoever that one is qualified to practice the profession, or be appointed as real property appraiser or assessor in any national government entity or local government unit, unless he/she has satisfactorily passed the licensure examination given by the Board, except as otherwise provided in this Act, a holder of a valid certificate of registration, and professional identification card or a valid special/temporary permit duly issued to him/her by the Board and the Commission, and in the case of real estate brokers and private appraisers, they have paid the required bond as hereto provided.

SEC. 30. Positions in Government Requiring the Services of Registered and Licensed Real Estate Service Practitioners. - Within three (3) years from the effectivity of this Act, all existing and new positions in the national and local governments, whether career, permanent, temporary or contractual, and primarily requiring the services of any real estate service practitioner, shall be filled only by registered and licensed real estate service practitioners.

All incumbent assessors holding permanent appointments shall continue to perform their functions without need for re appointment and without diminution of status, rank and salary grade, and shall enjoy security of tenure. However, they may not be promoted to a higher position until they meet the qualification requirements of that higher position as herein prescribed. Nothing in this Act shall be construed to reduce any benefit, interest, or right enjoyed by the incumbents at the time of the enactment of this Act. The appointing authority shall exercise his power to appoint the assessor in accordance with the provisions of this Act only when a vacancy occurs.

SEC. 31. Supervision of Real Estate Salespersons. - For real estate salespersons, no examination shall be given, but they shall be accredited by the Board: Provided, That they have completed at least two (2) years of college and have undergone training and seminars in real estate brokerage, as may be required by the Board. Real estate salespersons shall be under the direct supervision and accountability of a real estate broker. As such, they cannot by themselves be signatories to a written agreement involving a real estate transaction unless the real estate broker who has direct supervision and accountability over them is also a signatory thereto. No real estate salesperson, either directly or indirectly, can negotiate, mediate or transact any real estate transaction for and in behalf of a real estate broker without first securing an authorized accreditation as real estate salesperson for the real estate broker, as prescribed by the Board. A real estate broker shall be guilty of violating this Act for employing or utilizing the services of a real estate salesperson when he/she has not secured the required accreditation from the Board prior to such employment.

No salesperson shall be entitled to receive or demand a fee, commission or compensation of any kind from any person, other than the duly licensed real estate broker who has direct control and supervision over him, for any service rendered or work done by such salesperson in any real estate transaction.

No violation of this provision shall be a cause for revocation or suspension of the certificate of registration of the real estate broker unless there was actual knowledge of such violation or the broker retains the benefits, profits or proceeds of a transaction wrongfully negotiated by the salesperson.17

SEC. 32. Corporate Practice of the Real Estate Service. �

  A. No partnership or corporation shall engage in the business of real estate service unless it is duly registered with the Securities and Exchange Commission (SEC), and the persons authorized to act for the partnership or corporation are all duly registered and licensed real estate brokers, appraisers or consultants, as the case may be. The partnership or corporation shall regularly submit a list of its real estate service practitioners to the Commission and to the SEC as part of its annual reportorial requirements. There shall at least be one (1) licensed real estate broker for every twenty (20) accredited salespersons.
  B. Divisions or departments of partnerships and corporations engaged in marketing or selling any real estate development project in the regular course of business must be headed by full-time registered and licensed real estate brokers.
  C. Branch offices of real estate brokers, appraisers or consultants must be manned by a duly licensed real estate broker, appraiser or consultant as the case may be.
  D. In case of resignation or termination from employment of a real estate service practitioner, the same shall be reported by the employer to the Board within a period not to exceed fifteen (15) days from the date of effectivity of the resignation or termination.

Subject to the provisions of the Labor Code, a corporation or partnership may hire the services of registered and licensed real estate brokers, appraisers or consultants on commission basis to perform real estate services and the latter shall be deemed independent contractors and not employees of such corporations.

SEC. 33. Display of License in the Place of Business. - Every registered and licensed real estate service practitioner shall establish and maintain a principal place of business and such other branch offices as may be necessary, and shall conspicuously display therein the original and/or certified true copies of his/her certificate of registration as well as the certificates of registration of all the real estate service practitioners employed in such office.

SEC. 34. Accreditation and Integration of Real Estate Service Associations. � All real estate service associations shall be integrated into one (1) national organization, which shall be recognized by the Board, subject to the approval of the Commission, as the only accredited and integrated professional organization of real estate service practitioners.

A real estate service practitioner duly registered with the Board shall automatically become a member of the accredited and integrated professional organization of real estate service practitioners, and shall receive the benefits and privileges appurtenant thereto. Membership in the accredited and integrated professional organization of real estate service practitioners shall not be a bar to membership in other associations of real estate service practitioners.

SEC. 35. Code of Ethics and Responsibilities for Real Estate Service Practitioners. - The Board shall adopt and promulgate the Code of Ethics and Responsibilities for real estate service practitioners which shall be prescribed and issued by the accredited and integrated professional organization of real estate service practitioners.

SEC. 36. Continuing Professional Education (CPE) Program. - The Board shall develop, prescribe and promulgate guidelines on CPE upon consultation with the accredited and integrated professional organization of real estate service practitioners, affiliated association of real estate service practitioners and other concerned sectors, and in accordance with such policies as may have been prescribed by the Board, subject to the approval of the Commission. The Board shall create a CPE Council that shall be composed of a chairperson coming from the Board, a member from the accredited and integrated professional organization of real estate service practitioners and a member from the academe.

SEC. 37. Enforcement Assistance to the Board. � The Board shall be assisted by the Commission in carrying out the provisions of this Act and its implementing rules and regulations and other policies. The lawyers of the Commission shall act as prosecutors against illegal practitioners and other violators of this Act and its rules. The duly constituted authorities of the government shall likewise assist the Board and the Commission in enforcing the provisions of this Act and its rules.

SEC. 38. Indication of the Certificate of Registration, Professional Identification Card/License Number, Privilege Tax Receipt (PTR) Number and Accredited Professional Organization (APO) Number. - Real estate service practitioners shall be required to indicate the certificate of registration, professional identification card, PTR number, and APO receipt number, and the date of issuance and the duration of validity on the documents he/she signs, uses or issues in connection with the practice of his/her profession.

 

ARTICLE V

PENAL AND FINAL PROVISIONS

SEC. 39. Penal Provisions, - Any violation of this Act, including violations of implementing rules and regulations, shall be meted the penalty of a fine of not less than One hundred thousand pesos (PIOO.OOO.OO) or imprisonment of not less than two (2) years, or both such fine and imprisonment upon the discretion of the court. In case the violation is committed by an unlicensed real estate service practitioner, the penalty shall be double the aforesaid fine and imprisonment.

In case the violation is committed, by a partnership, corporation, association or any other juridical person, the partner, president, director or manager who has committed or consented to or knowingly tolerated such violation shall be held directly liable and responsible for the acts as principal or as a co-principal with the other participants, if any.

SEC. 40. Appropriations. � The chairperson of the Professional Regulation Commission shall immediately include in the Commission's programs the implementation of this Act, the funding of which shall be included in the annual General Appropriations Act and thereafter.

SEC. 41, Transitory Provision. - Within ninety (90) days from the effectivity of this Act, the DTI - Bureau of Trade Regulation and Consumer Protection (BTRCP) shall transfer all pertinent records, documents and other materials to the Professional Regulatory Board of Real Estate Service.

SEC. 42. Implementing Rules and Regulations. - Within six (6) months after the effectivity of this Act, the Commission, together with the Board and the accredited and integrated professional organization of real estate service practitioners, the Department of Finance, and the CHED, shall prepare the necessary rules and regulations, including the Code of Ethics and Responsibilities for real estate service practitioners, needed to implement the provisions of this Act.

SEC. 43. Separability Clause. � If any clause, sentence, paragraph or part of this Act shall be declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any other part of this Act.

SEC. 44. Repealing Clause. � (a) Sections 3(e) and (ee) of Act No. 2728, as amended by Act No. 3715 and Act No. 3969, Sections 472 and 473 of the Local Government Code of 1991 (Republic Act No. 7160), and pertinent provisions of the Civil Service Law are hereby modified accordingly.

(b) All laws, decrees, executive orders, department or memorandum orders and other administrative issuances or parts thereof which are inconsistent with the provisions of this Act are hereby modified, superseded or repealed accordingly.

SEC. 45. Effectivity. - This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in a major daily newspaper of general circulation in the Philippines.


                                                    

Approved,

This Act which is a consolidation of Senate Bill No. 2963 and House Bill No. 3514 was finally passed by the Senate and the House of Representatives on May 12, 2009.
 


Approved:

 

GLORIA MACAPAGAL-ARROYO
President of the Philippines

 [ Approved by President Gloria Macapagal Arroyo last June 29, 2009 ]

__________________________________________________

 

Thursday, August 14, 2008
Real estate boom in Cebu

CEBU is now home to a booming and balanced real estate industry.

This was the assessment made by Philippine Association of Realtors Board Inc.-Cebu Realtors Board Inc. (Pareb-Cereb) president and realtor Gerry Yangyang.

Yangyang said in an interview during the opening of the First Cebu Real Estate Expo 2008 at SM City Cebu yesterday that high-end housing projects, often located in the cities, are balanced off with low-cost housing projects that extend to as far as Compostela in the north and Minglanilla in the south.

� These low-cost houses (are made affordable) to company employees through Pag-ibig Fund,� he said.

He also noted a demand for high-end projects by young urban professionals who prefer�and can afford�to buy a P1-million or P1.5-million bachelor�s pad through Pag-ibig, over a low-cost house that is located far from where they work.

Wait-and-see

Yangyang is confident that the high price of fuel and basic commodities will not discourage real estate developers from pursuing projects or deter potential buyers.

� A small percentage of them are in the wait-and-see state. But I believe these price hikes will only be for a short period.

Once they will stabilize, there is no stopping the real estate industry in Cebu from fully booming,� he told Sun.Star Cebu.

He pointed out that despite rising inflation, a number of housing projects are scheduled to be developed while some are already being constructed and others are nearing completion.

The real estate industry�s only low season, he observed, is May when families have to pay for enrolment and other things needed for the coming school year.

Yangyang said the factors that keep the demand for housing high include the presence of overseas Filipino workers and the entry of various investments into Cebu, which attract people from other areas to come, work and live in the province.

Complete

� Cebu, compared to Manila, is a small place but the facilities and amenities are complete. (There are) banks, hospitals, schools and recreation. Residents can go to where they want to go in such a short period of time,� he said.

He lamented, though, that several developers have increased rates by about 20 to 30 percent due to the rising prices of construction materials. However, he believed that this has not dampened the spirit and spending power of developers and buyers.

To provide potential buyers with a wide range of houses to choose from, Pareb-Cereb organized the weeklong First Cebu Real Estate Expo with the theme: �Only the best and dependable homes for Cebuanos and Cebuanas at heart.�

The expo features top local real estate companies, including AboitizLand Inc., Eastland Property Ventures Inc., Camella Communities, Taft Property Ventures, Club Ultima and MSY Holdings, Corp. Developers like Maria Luisa Properties, Pacific Land Ventures and Property Development, Syntech Properties, Nexland Ventures Estate, Anita�s Subdivision, Geo-Estate Land Development Corp.-Earth Hauz Inc. and VazBuilt are also participating in the expo.

Pareb-Cereb, which aims to professionalize real estate service practice in Cebu, has about 160 members. (NRC)

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Wednesday, August 20, 2008
Real property sector welcomes DOT vacation homes program

REAL estate industry players in Cebu welcome Tourism Secretary Ace Durano�s campaign to promote the country to people abroad who have the extra money to live and own vacation homes here.

Several members of the Philippine Association of Realtors Board Inc.-Cebu Realtors Board Inc. (Pareb-Cereb) agree that regular vacationers to the country pose as a potential market segment for the real estate industry.

However, Pareb-Cereb president and realtor Gerry Yangyang pointed out that foreigners could not fully own
property�whether commercial or residential units�in the country, as stipulated in the law.

The law also applies to units in condominium buildings, he said, adding that only 40 percent of all units in a condo building can be sold to foreigners and the rest will have to be owned by Filipinos.

� But these foreigners still have the option to buy, own and invest here through condominium-hotels or condotels, which is one of the real estate trends today,� he said.

Practical

He explained that having a condotel is more practical since the owner need not hire housekeepers to look after the unit. In the contract signed by the owner with the real estate developer, the unit is joined in a �rental pool� of the condotel structure that has a building administrator who overseas the maintenance and manages the unit when the owner is away. The owner receives dividend from those who rent his unit while he is temporarily away.

Durano earlier disclosed that his office would launch the �Live Your Dreams� campaign next month, which will be participated by major real estate developers in the country.

With vacation homes as the product, the Department of Tourism (DOT) will target vacationers who come to the country every year to stay for more than a month and would spend more money on support services, such as medical check-ups, short-term courses and recreational activities.

� As a consequence, we can free up hotel rooms for short-staying visitors,� Durano said in a speech during the 17th Visayas Area Business Conference held last week.

He also announced the addition of a total of 1,500 rooms by Sofitel Hotel (a property of the SM Group), Imperial Palace Hotel and Microtel Inns and Suites Philippines by the end of the year.

Yangyang said that a vacation home that targets foreign clients should possess a condominium certificate of title so that a foreigner can buy and own a unit.

Yangyang and realtor Gene Granada also pointed out that the location of these vacation homes is crucial.

Hotel rooms

� These homes must be equipped with amenities since they come here for vacation. We are studying how to attract them and how to make their stay enjoyable,� Granada said.

Meanwhile, Waterfront Cebu City Hotel and Casino general manager Marco Protacio also welcomed the additional hotel rooms in Cebu since these could supplement the present supply and support convention activities.

� We�re prepared for those additional rooms, for competition. But they are actually healthy for the industry. Our convention market is very stable. Waterfront is still the leading convention venue in Cebu and I think that will stay the same in the next five years. We are now approaching our convention season, which is September to February. There has been no reduction in our number of bookings,� he said.

Waterfront Philippines Inc. president Kenneth Gatchalian said conventions are one of the reasons, apart from the projected strong influx of tourists, for the company�s regular upgrades and operation repairs. (NRC)

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Sunday, December 13, 2009

Nominations to body to draft RESA rules up

By Nancy R. Cudis

Published in the Sun.Star Cebu newspaper on December 12, 2009.

AS SOON as the implementing rules are out next year, the Professional Regulation Commission (PRC) will regulate and supervise the real estate services instead of the Department of Trade and Industry (DTI).

Real estate practitioners have yet to come up with the guidelines to carry out the Real Estate Service Act of the Philippines (Resa).

The PRC began last month gathering nominations from the real estate industry on who will form the Professional Regulatory Board of Real Estate Service that will draft the implementing rules and regulations of the Resa.

Emily Amie Cabillada, president of the Philippine Association of Realtors Board Inc.-Cebu Realtors Board Inc. (Pareb-Cereb), said the board will be created this month or early next year.

President Arroyo signed Resa into law last June 29. The law, which is designed to develop the real estate industry through proper and effective regulation and supervision, took effect on July 30.

Cabillada said that 90 days after implementation of the Resa law, the DTI will turn over its responsibility of real estate services to the PRC.

But the PRC cannot carry out these functions because the Professional Regulatory Board of Real Estate Service has yet to be created.

Although the DTI and PRC reported to have signed a memorandum of agreement to address this matter, the details of the agreement have not yet been disclosed, said DTI 7 regulatory division chief Josh Carol Ventura.

While waiting for an order, the DTI will help out the PRC and the real estate industry, especially during the turnover of functions, through its trade regulation and consumer protection office, she said.

Cabillada said the DTI will still assume some functions while the board is being created.

According to the Resa law or Republic Act 9646, the Professional Regulatory Board of Real Estate Service will be composed of a chairperson and four members who will be appointed by the President from the list of names recommended by the PRC.

These recommendations are based on the list of nominees submitted by the accredited and integrated professional organization of real estate practitioners.

The licenses of real estate consultant, appraisers, brokers and salespersons cannot be renewed until the board and the IRR are created.

There is, however, a provision in the Resa law that gives them a grace period of two years while the board is being formed, Cabillada said.

Also, the board is to conduct licensure tests for the practice of the real estate service profession.
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Sunday, December 13, 2009

Real Estate industry posts 15% sales hike


(The Freeman) Updated December 11, 2009 12:00 AM

Source link: The Freeman Daily, December 11, 2009


CEBU, Philippines - The real estate industry in Cebu posted a 15 percent increase in sales this year despite the gloomy economic ambiance.

Cebu Realtors Board Inc. president Emily Cabillada said that they had a very good year for 2009 compared to 2008.

Cabillada said that they saw a general increase of 10 to 15 percent in terms of sales performance with a huge chunk of sales generated coming from the Overseas Filipino Workers.

According to Cabillada, OFWs see real estate as a good investment for their hard-earned money as it gives them the assurance that they have something good to see whenever they come back from work.

She said that most of the investments come from the United States but still the local market plays a vital role in the development of the real estate industry.

Cabillada said that this has also been noted as there is even more demand than the supply considering also the growing population of the locals plus the immigrants that come to Cebu.

She said that they also credit the growth of the industry through the easy payment schemes that realty developers are coming up with in order to gather more clients who appreciate the more convenient ways of paying and owning house and lots.

Cabillada said that they are looking forward for the coming year in which they are optimistic of the continuous growth of the industry. "We are seeing a better 2010."

According to Cabillada, aside from OFW's they mostly have starting up families as clients and the young professionals.

For the coming year, Cabillada said that they are focused on educating the people on the Real Estate law or the act regulating the practice of real estate service in the Philippines, which is created for the purpose a professional regulatory board of real estate service.

Also, she said that they will be having real estate seminars, forums and fairs to help the real estate agents and also to introduce further the industry to the public.

At present, PAREB-CEREB has around 145 active members and more than 2,000 members all over the country for PAREB.  AJ de la Torre
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AboitizLand unveils new urban village development: The Persimmon

Eyeing the strong demand for high density living in Cebu's emerging urbanized metropolis, Cebu's major real estate developer Aboitizland has started construction of their fist vertical project which is an urban village called The Persimmon.

AboitizLand's chief operating officer Andoni Aboitiz recently announced the start of the construction of The Persimmon, a 1.4 hectare area that will host a themed community consisting two components: a commercial neighborhood and a residential enclave with four mid-rise condominium towers: east, west, south and north.

Aboitiz said that the site clearing has been completed on the former Cebu Oxygen and Acetylene Corporation (COACO) building and that construction of their West Tower, which will have 157 units with 15 levels will be started in the second quarter of 2008 and its units will be turned over to homeowners within two years.

The Persimmon will be a complete commercial and residential development situated within minutes from economic hubs within the city as well as places of worship, historical sites and academic institutions, said Aboitiz.

�The new condominium project is the definition of city living- it is a place where you will love to live. It espouses a more Asian feel than the usual developments. The units are very attractively priced with big discounts and several financing options that vecinos (homeowners) can enjoy,� Aboitiz said adding that the company will be investing close to a billion after all the components of the project are done.

The units are priced from P1.5 million for a studio unit, until P8.2 million for loft-type units. A ten percent discount on spot cash payments are offered by Aboitizland and a stretched cash payment scheme wherein interested buyers can pay for a unit for over 24-month term, on zero interest. There are also balloon payment option or lump sum payment schemes.

Meanwhile, The Persimmons� commercial development is targeted to be operational on the first quarter of next year. It will host a themed neighborhood commercial strip accommodating food stalls, a convenient store, restaurants, coffee shops, recreational and entertainment facilities such as restobars and videoke bars as well as the company�s sales office. It will cater not only to its residents but as well become a destination for all Cebuanos, said Jojo Rafaeles, Aboitizland sales manager.

�The Persimmon will revolutionize the definition of city living. Vecinos will enjoy convenience of accessibility--- having restaurants and entertainment and shopping destinations right downstairs or next door from where they live--- and the assurance of living in a high-quality community,� he added.

AboitizLand vice president for sales, marketing and customer service Pia Mantecon explained that the project�s identity will be closely linked to the historical and environmental relevance of the mabolo tree, which the project was named after as well as AboitizLand�s dedication to the Cebuano heritage.

The project is designed by award winning architects from Recio + Casas and structural development will be provided by international constructors, R. S. Ison and Associates. Whereas mechanical and plumbing consultancy is provided by Isagani M. Martinez and R. A. Mojica and Partners will provide electrical engineering consultancy.

Part of the design team is renowned light designer Christine Sicangco Lighting Design, Inc which project includes the Washington International Airport, Calvin Klein showroom and SM Megamall. For the project�s greenscapes, PGAA Creative Design was appointed as its landscape architects which is famous for projects like the Rockwell, Edsa Shangri La, Banyan Tree Group in Indonesia, Hainan Mandarin, Sutera Harbor Project in Kota Kinabalu, and the NTUC resort in Sentosa, Singapore.

Source: The Freeman. 04/14/2008.

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Saturday, December 26, 2009

Ayala Land unveils 2010 plans in multiple growth centers


(The Philippine Star) Updated December 27, 2009 12:00 AM

MANILA, Philippines - Fresh from meeting 2009 head on in the face of global economic recession, the country�s most trusted real estate company, Ayala Land, Inc. (ALI) goes full throttle next year with a more aggressive posture.

Ayala Land takes on 2010 with the most number of new projects to be launched within a single year ever. Antonino T. Aquino, Ayala Land president, announces new initiatives on the establishment of multiple growth centers across the Philippines to bring to more areas the well-recognized expertise of Ayala Land in enhancing land, enriching lives. He says, �We�ll have the busiest year ever as we�re expanding in geography, in the products that we offer including new business lines and in the market segments that we cater to. There will be a dynamic interplay of our projects and where we used to be focused only on the traditional segments, now we�ll be expanding for the benefit of our customers.�

There is no landscape too small or too large to change

�We are thinking of more than a dozen different locations, starting off in the North with Baguio, Angeles in Pampanga, Subic and in five locations in Southern Philippines namely Cebu, Cagayan de Oro, Davao, Iloilo and Bacolod. We are making sure that we are coming around with product offerings that are best suited for the market and which will show the best practices that Ayala Land is known for,� he states, as he proceeds to give an overview of activities to take place.

In Baguio next year, the retail area and the BPO complex will begin development in Camp John Hay, allowing customers to enjoy the natural beauty of Baguio. Meanwhile in Subic, a bustling development will arise with a mix of retail, BPO and residential components.

In Pampanga, the company relishes the market acceptance of the Marquee mall in levels beyond expectations।�In the pipeline for the area is a very nice residential development right across the mall. It will be a mid-rise project with a Serendra feel,� enthuses Aquino.

With the successful expansion this year of Ayala Center Cebu with The Terraces, the company is set to have its first foray with Alveo and Avida offerings in the first quarter in Cebu.

Meanwhile in Davao, where Ayala Land jumpstarted its entry with the lifestyle mall, Abreeza Mall, new residential developments are slated to be launched coupled with a BPO complementary project, states Aquino. Similar mixed-use developments are also planned for in Cagayan de Oro.

Northpoint, a project of Ayala Land Premier in Bacolod, will host a new commercial development along the main road fronting it, making the area a multiple growth center. Aquino points out, �The whole idea behind our multiple growth center strategy is to highlight our mixed-use experience as a major differentiator of our organization. We�re known for how we masterplan things and how our projects develop into excellent growth centers, bringing in a new lifestyle.� This will also be realized in the mixed-use project to be developed in Iloilo.

In the Greater Manila Area, where Ayala Land focused largely in Makati and in the South, year 2010 sees the company pushing thru with plans for development covering the North Triangle area in Quezon City. Ayala Land again manifests its expertise in master planning, envisioning for the city a thriving business district that Quezon City still needs to date. �We want this to happen in a shorter time as we know there are business locators and partners who would like to see the priming of the area accomplished soonest,� Aquino declares.

A piece of land is never just a piece of land

In line with bringing in a new lifestyle, first off to be introduced as a new product in the retail segment will be the neighborhood and community centers. These will be quaint shops and retail establishments that will support residential and BPO developments. Ayala Land is also exploring hotels and tourism-related products to expand its portfolio.

Expansion projects and the opening of new phases of other existing developments are also set to go on full swing.

Ayala Land�s continued redevelopment of Ayala Center is brought to another exciting stage with the opening of the Ayala Triangle Gardens. According to Aquino, this will be the starting point for ramping up the Makati Central Business District with projects that will include upgrading the Glorietta retail center as well as launching a high-end residential play for Ayala Land Premier in that area, very much like how The Residences at Greenbelt (TRAG) is just a walk away from the mall. Other new residential offerings by Alveo will be in the office enclaves of Salcedo and Legaspi Villages. �These are excellent follow-throughs for the continued upscaling of the areas in Makati,� he describes.

The Bonifacio Global City (BGC), more popularly recognized as the Home of Passionate Minds, will witness Bonifacio High Street�s expansion to complete its 1-kilometer development plan to end closer to the Mind Museum, which will be the best science museum in the country. Also known as the �live, work, and play� zone, the city will likewise witness next year the addition of another building offering a total of 31,000 sqms of BPO space along with the launch of Avida Towers BGC and a new phase of Two Serendra, The Meranti.

Alabang will in turn follow thru with enhancements at the Alabang Town Center with an additional retail complex featuring department stores and supermarkets. Aquino added that Avida Towers Alabang will also be launched.

Further South in Laguna, the country�s first eco-community and now regarded as the nation�s sustainability capital in Ayala Land�s portfolio, NUVALI, earlier enjoyed highly successful take-up for its Ayala Land Premier (ALP) offerings: Abrio, Montecito and recently Santierra.

The sterling record provided fresh proof of Ayala Land�s ability to offer unique and highly-valued propositions to the high-end market. Where Ayala Westgrove Heights and Ayala Greenfield Estates further South fulfilled desires for lakeside sceneries, rolling hills and orchard-like environments, these new ALP offerings in NUVALI addresses particular aspirations for sustainable lifestyles.

Alveo will also be launching a project in NUVALI in the 2nd quarter of next year, while Avida will be expanding with Avida Settings Phase 4 and introducing new projects, Avida Village NUVALI and Avida Estates NUVALI.

Aquino also announced the introduction of more retail elements in NUVALI alongside the Sta.Rosa-Tagaytay road, with the construction of a new supermarket that enhances the Solenad retail area which has already scored distinct success in its provision of dining, shopping and convenience retail in the area.

�We expect NUVALI�s overall retail success and launch of residential developments to add to the attractions of One Evotech as a premium space for BPO locators,� states Aquino as he reveals the addition of the second BPO building next year.

Avida will be very busy launching some new phases in its existing developments, like Tower 5 for Avida Towers New Manila, Tower 5 for Avida Towers San Lazaro, and Tower 7 in Avida Towers Sucat, all to be launched in the 1st quarter and Avida Settings Phase 2 in Cavite in the 2nd quarter.

Cebu�s Amara and Alegria Hills in Cagayan De Oro will likewise see the addition of new phases.

A testament to enriching lives for more people

To top if all off, Ayala Land will be coming up with a breakthrough by launching projects in 2010 entering a new market segment. Aquino announces, �As part of being socially-responsible and contributing to nation-building, more will be benefiting from Ayala Land�s quality and level of service through �Amaia�. This is categorized as the economic housing line of Avida, ushering Ayala Land�s entry into a wider market�the very people who need us more. Amaia will offer house and lot packages with prices ranging from P700,000 to P1.3 million, to provide them with a high-quality product for their hard-earned money.� Amaia presents its maiden offerings in Laguna early next year.

�As we continue to finetune our products, our core competency on masterplanning is our distinct advantage and we want more and more people to benefit from this. This is part of our key thrust for the years to come, corporate social responsibility. This will be more integrated into Ayala Land�s business models, not as dole-outs but being more powerful as a driver for economic growth.� declares Aquino.

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Posted on 09:27 PM, December 27, 2009 [ BusinessWorld Online ]

Measure simplifying titling of residential lands awaiting Arroyo�s OK for enactment

CONGRESS HAS ratified a measure providing a less-tedious and cheaper option to titling residential lands, and is awaiting the President�s signature for enactment into law.

The reconciled version of House Bill 5618 and Senate Bill 3429 or the proposed "Act Authorizing the Issuance of Free Patents to Residential Lands" ratified by the Senate and House of Representatives before Congress went on Christmas break last Dec. 19, allows the Land Management Bureau (LMB) under the Department of Environment and Natural Resources to issue free patents to residential lands, expanding its authority from agricultural lands.

The patent is then submitted to the Registry of Deeds for the issuance of a title.

The proposed law allows applications for titling if the tenant has occupied the property for 10 years from the current 30 years under the Public Land Act.

The title�s coverage should not exceed 200 square meters (m2) in highly urbanized cities; 500 m2 in other cities; 750 m2 in first and second class municipalities; and 1,000 m2 in all other municipalities.

The LMB currently issues patents for alienable and disposable lands only for agricultural purposes. It has estimated that the law would cover 7.8 million hectares of residential lands nationwide, mostly in Cebu, Davao and Baguio cities.

Residential patents could either be coursed through the Bureau of Internal Revenue (BIR) or through the courts with the accompanying fees. Under the proposed law, residential patents can be issued for free with certain documentary requirements.

Explaining the BIR process, Jaime V. Santiago, assistant commissioner and officer-in-charge of the taxpayer assistance service, said the BIR issues a certificate that would authorize the titling provided the following are submitted: a deed of sale or a will and testament to validate rights to the land, tax declarations, and pay a capital gains tax or 6% of the fair market value of the property and a documentary stamp tax of 1.5% of the fair market value.

Allan V. Barcena, LMB assistant director and head of policy development, said in an interview that the new law would only require the submission of tax declarations and affidavits from barangay officials and two witnesses other than their relatives which state that the applicant has stayed in the area for 10 years.

In cases of two or more claimants, Mr. Barcena said that the LMB central office would resolve the dispute but its decision is appealable in court.

He said they expected to have finished drafting the bill�s implementing rules and regulations by March.

"We are targeting that by January, the Office of the President has already signed this and then we can start implementing the guidelines. We expect to finish within three months," he said in a telephone interview.

"We expect that there would be a surge of application for patent [of residential land] because this soon to be made law is providing an easier way to get land titles. Right now it�s not attractive to go through this process because applicants would either pay to the BIR or go to the courts. With this [bill], many would be encouraged to get land titles."

Mr. Barcena said it may take the same period to issue a residential patent compared to the agriculture patent -- six months, but noted they may hire and train new personnel since it would be the first time that the LMB would handle residential patents.

Meanwhile, Suzanne L. Felix, executive director of the Chamber of Thrift Banks, said the new law would encourage economic activity.

"Land titles can be used as collateral to borrow from banks so if the land titling process is hastened, banks would also benefit because there would be added market activity with the increase in land title holders," she said in a separate telephone interview.

Claro G. Cordero, Jr., head of research and consultancy at Jones Lang LaSalle Leechiu said conflicts may arise from illegal settlers.

"On the negative side, there would arise a problem of determining which lands are eligible to this [measure]. There are lots of government lands that have yet to be accounted for like residential areas which are on major highway roads that are sometimes illegally occupied," he said in another telephone interview.

The measure amends Commonwealth Act 141 or the Public Land Act. House committee on special land use and Zamboanga del Sur Rep. Antonio H. Cerilles (2nd district) said that the bill will be enrolled in Malaca�ang before the month ends. -- JFSV

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SM signs P2.7B deal with Cebu City

CEBU CITY � Cebu City Hall earned its first billion from the South Road Properties (SRP) Thursday after it closed the sale of a 30-hectare lot to SM Prime Holdings Inc. worth P2.7 billion, three years after the negotiations started.

By 2012, the SRP will be home to the biggest shopping mall in the Visayas and Mindanao with a gross floor area of 25 hectares, SM Prime Holdings President Hans T. Sy said Thursday.

SM Prime will invest at least P20 billion for a mixed-use development project facing the sea, which will include a convention center, hotels, residential condominiums, a school and a hospital.

After they signed the deed of conditional sale Thursday afternoon, Sy turned over to Mayor Tomas Osme�a a P406-million check to complete its down payment of P677.4 million. This represents 25 percent of the contract price of P2,709,712,000.

The P270.9-million bid bond paid earlier will form part of the down payment.

This is Cebu City Hall�s second sale at the SRP, after its deal with Filinvest Land Inc. (FLI).

SM Prime will make four quarterly payments this year that will amount to P433 million so that by the end of 2010, SM Prime will have paid the City a total of P1.11 billion.

�This is the start for us. We will roll up our sleeves and we will definitely deliver a project that all Cebuanos will be proud of. This is really a project that we envisioned that will attract not only Cebuanos but also those from Visayas and Mindanao and even from Luzon,� Sy said.

With the P677-million down payment, the City has so far earned P1.04 billion from the SRP, which includes Filinvest�s P348-million down payment last year and Bigfoot Properties� lease payment of P15.2 million for the past two years.

Osme�a said the City�s income from SM Prime and the City�s sale and joint venture contracts with FLI will be enough to cover the loan payments for the SRP until 2025, so the City does not need to sell any more properties after the SM deal.

�It is anticipated that the City will not have to sell additional property to meet our debt service because with the installments coming in from SM and Filinvest and the other revenues we will be generating from the joint venture, I think it will be more or less enough to meet the debt service for the entire SRP,� he said in a speech after the turnover of the check.

For this year alone, the City stands to earn P1.11 billion from SM Prime, P298 million from FLI and P7.7 million from Bigfoot, which will be more than enough to cover its loan obligation of P693.3 million to Land Bank of the Philippines for 2010.

As specified in the contract, SM Prime will pay the balance of P2,032,284,000 over a period of six years in quarterly installments, with a five percent annual interest.

Vice Mayor Michael Rama, city councilors and department heads witnessed the signing of the deed of conditional sale at SM City Cebu conference hall yesterday afternoon.

During the event, Sy presented Thursday their plans for the property and said they will break ground later this year, with construction work continuing in the next eight years.

The first structure to rise will be the shopping mall with a gross floor area of 250,000 square meters, which he said would be similar to the Mall of Asia in Pasay City.

The construction of a hotel with a minimum floor area of 60,000 square meters and the convention center with a minimum floor area of 20,000 square meters will follow.

After five years, Sy said they may consider starting the residential condominiums, the school and hospital.

SM Prime vice president Ronald Tumao said that what attracted them to the SRP is its location, being the only property in the city with �a real sea view.�

The signing of the contract came after the City Council called for a special session Thursday morning so they can approve the resolution authorizing the mayor to sign the documents.

After making minor amendments in the contract, the council approved the resolution, saying the sale of the property went through �a transparent competitive selection process through a Swiss challenge.�

Since the components of SM Prime�s development were not included in the contract, the council agreed to make the documents of SM�s unsolicited proposal an integral part of the sale contract.

Of the 240-hectare area of reclaimed land in the SRP, only around 150 hectares are left, which includes the roads and other service areas.

The City sold a 10.6-hectare lot to FLI last year and entered into a joint venture agreement to develop another 40 hectares.

A three-hectare area is being leased to Bigfoot for 20 years.

Properties were also donated to the University of the Philippines (5.17 hectares), the Department of Public Works and Highways (4.8 hectares) and the Department of Health (2 hectares). (Linette C. Ramos of Sun.Star Cebu)

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Pag-IBIG readies more loans for housing

Posted on 11:50 PM, February 24, 2010 [ BusinessWorld Online ]

THE HOME Development Mutual Fund, commonly called the Pag-IBIG Fund, has hiked its allocation for housing loans by 10.5% this year, as it expects more people to tap the fund for their housing needs.

Pag-IBIG Chief Executive Officer Jaime A. Fabiana told reporters on Tuesday that P50.5 billion is available for housing loans this year, up from the P45.7 billion extended to members in 2009.

�We expect an increase in housing loans because of the affordability of the loans and reduced interest rates,� he said in a telephone interview yesterday.

Interest rates of Pag-IBIG housing loans were slashed in April last year with the aim of making the loan program more affordable to members.

Interest rates have been reduced from 10.5% to 8.5% per year for loans of over P750,000 up to P1 million, and to 9.5% per year for loans of over P1 million up to P1.25 million.

�Despite the economic slowdown last year, housing loans increased,� Mr. Fabiana said.

Pag-IBIG housing loans grew by 34% last year from P34 billion in 2008.

�We think housing loans will continue to grow this year,� Mr. Fabiana added.

The Pag-IBIG Fund was formed in 1978 through a presidential decree.

It is mandated to provide affordable housing finance to its members.

The Pag-IBIG Fund will be issuing P12 billion worth of five-year bonds next month, the proceeds of which would be used to refinance its P7 billion worth of maturing obligations as well as to support its lending operations. -- Louella D. Desiderio

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Innoland kicks off flagship project at Asiatown IT Park

By Ehda M. Dagooc (The Freeman) Updated April 24, 2010 12:00 AM/ http://www.philstar .com/Article. aspx?articleId= 569262&publicationSubCateg oryId=108

CEBU, Philippines - Newly established real estate company Innoland Development Corporation officially kicked off its P1 billion-flagship project development at Asiatown IT Park in a groundbreaking ceremony that marks the start of its first green hybrid building in Cebu.
Dubbed as “The Calyx Center”, the 26-story building will offer over 200 residential and commercial condominium units intended for the growing market of mobile professionals and technology workers in Cebu.
Innoland chief operating officer Charles Ong said The Calyx Center is the first of three developments that are being lined up by the company for the next few years.
Ong said the company will focus more on residential projects to take advantage of Cebu’s economic vitality that has attracted local and international residential property buyers.
The organically designed, green building located on a 2,953 square-meters premium lot beside Asiatown’s “The Walk,” will be a community within a bigger community with retail, office and residential components in one building, Ong said.
Ong said the establishment of the green building is seen to give boost to Cebu’s strong commitment to the environment.
The residential tower’s units will be on the 11th floor, a story above the transition level at the 10th floor will have two gardens. The bigger one is designed as an active zone with a lap and wading pool, a gym, shower rooms, a Laundromat, two function room for parties and business meetings exclusively for residents.
The smaller garden facing northeast will accommodate yoga, meditation, reading, and quiet conversations in an outdoor setting. Adjoining is a Lounge with a wifi center and workstation as well as a seating area for relaxation, receiving visitors, hob nodding with neighbors.
The first nine floors will be designed as a podium accommodating office spaces with footprints of over 2,000 square-meters to meet BPO (Business Process Outsourcing) requirements.
Innoland is the sister company of the entity that recently developed three buildings, two of which are BPO buildings, the Sykes building and 16-story TG Universal (TGU) Building at the Asiatown IT Park.
The group, which is led by its chief executive officer (CEO) Joy Anthony Ong, expressed its keen interest in venturing into the real estate development in Cebu, and soon will eventually venture into projects in other regions, after establishing its name here.
 
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Posted on 11:57 PM, April 20, 2010 (BusinessWorld Online)

Draft REIT rules issued by regulator


DRAFT RULES to implement the Real Estate Investment Trust (REIT) law were issued by the Securities and Exchange Commission (SEC) on Monday amid plans by top property developers to raise cash through the investment vehicle.

"The implementing rules of Republic Act 9856 of 2009 shall make way for the full implementation of the REIT Act, which seeks to promote the development of the capital market and democratize wealth by broadening the participation of Filipinos in the ownership of real estate in the Philippines," the SEC said in a statement yesterday.

The regulator said it was open to comments on the draft rules until April 26.

The REIT bill lapsed into law last December, amid objections by the Finance department that it would lead to billions in foregone tax revenue.

SM Prime Holdings, Inc., the country’s largest mall operator, in February said it was looking to raise $300 million through a REIT. Last week, property giant Ayala Land, Inc. also said it wanted to raise $300 million through a REIT.

A REIT, as defined in the rules, is a stock corporation "owning income-generating real estate assets". It must be listed on the stock exchange and have at least 1,000 shareholders, each with at least 50 shares of any class and who, in the aggregate, must own a third of the REIT’s outstanding shares.

A REIT should have a minimum capitalization of P300 million. It must dispense 90% of its distributable income -- defined as net income adjusted for unrealized gains or losses -- as dividends each year.

The draft rules also list the kind of investments a REIT can make: "A REIT may invest in real estate located in the Philippines, whether freehold or leasehold. At least seventy-five (75%) of the deposited property of the REIT shall be invested in, or consist of, income-generating real estate."

"Deposited property" refers to the total value of a REIT’s assets and investible funds.

Other allowed investments include:

* real estate-related assets;

* debt papers issued by the government, whether denominated in peso or foreign currencies;

* debt papers issued by other governments or by multilateral organizations such as the Asian Development Bank;

* corporate bonds;

* stocks of non-property firms listed on the local stock exchange or foreign exchanges; and

* cash and cash equivalents.

A REIT must appoint a fund manager, who must be independent of the REIT, whose duties principally entail execution of the REIT’s investment strategy.

This strategy, according to the draft rules, must be good for three years -- but has to be submitted by the REIT to the fund manager annually -- and must cover "intended purchases and divestments of real and other properties."

The draft rules also lays out the REITs’ tax treatment: "A REIT shall be subject to income tax ... on its taxable net income ... provided that in no case shall a REIT be subject to a minimum corporate income tax."

"Taxable net income" is defined as gross income minus deductions allowed by the Tax Code and the dividends distributed.

The sale or transfer of real properties to the REIT shall be levied only half the applicable documentary stamp tax (DST) as well as registration and annotation fees.

Initial and secondary public offerings of securities will be exempted from the IPO tax while the sale or exchange of securities will be exempted from the DST.

Earnings from the sale of any real property, or rental earnings from the property, will be subject to value-added tax (VAT). A REIT’s sale or transfer of securities will not be subject to VAT since it is not considered a dealer.

The tax perks will be withdrawn in the event the REIT is delisted from the stock exchange.

"Any tax incentive that has been availed of by the REIT thereafter shall be refunded to the government within 90 days from the date of delisting," the rules state.

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Boracay under threat

Written by Lito U. Gagni / Market Files/ May 20, 2010/ http://www.business mirror.com. ph/index. php?option= com_content&view=article&id=25458:boracay- under-threat&catid=28:opinion&Itemid=64   

A growing number of stakeholders in Boracay—considered one of the world’s best beaches because of its unique white sand that does not burn one’s feet even at midday—are worried about plans for an  international airport in nearby Caticlan that could sound the death knell to what Boracay is famous for.

Members of the Boracay Foundation, which groups hotels, resorts and other tourism-related firms in the area, are at their wits’ end on how to block the construction of the international airport.

What strikes fear in their hearts are findings that building the international airport would mean leveling the so-called Caticlan Hill. This hill provides not only natural cover to the pristine beaches but induces patterns of wind and current directions that make up the Boracay beach sands. “Leveling of the hill will trigger local hydromet changes on the environment that would eventually lead to the longshore erosion of beaches along Boracay,” according to scientist Dr. Ricarte S. Javelosa.

We understand that opposition to the construction of the Caticlan international airport being planned is mounting by the day as the full impact of the study made by Dr. Javelosa triggers huge concerns: losing the famed beach sands, and  the tourism revenues.

The Boracay stakeholders want to pursue the original proposal: the construction of an international airport in Kalibo, Aklan—not in Caticlan. To them, the bottom line should be that there must just be only one international airport in the province and that is the one being planned in Kalibo. By adhering to this plan, there would no longer be any need to level the Caticlan hill. The Boracay stakeholders have adopted the buzzword: Level the hill, Boracay beaches disappear.

Under the microclimate theory advanced by Dr. Javelosa of the Mines and Geosciences bureau, removing the hill that acts ad the climate barrier that drives the replenishment cycle of the unique beach will result in the beaches eventually disappearing as a result of the disturbed microclimate, thereby causing major erosion from the sea and leading to the stoppage of the replenishing of fine and light white sand by the gentle breezes.

Javelosa explains that unlike other beaches which have sand made out of silica, Boracay’s powdery sand comes from finely polished crushed coral eroded from the bedrocks of Caticlan and Boracay. His study revealed that the main drivers for replenishing Boracay’s sandy beaches are the wind and the waves tempered by the hill at the end of Caticlan airport’s runway. The hill, according to him, acts as a barrier against the harsh winds of the habagat and amihan converting these into gentle breezes that swirl around the areas of Caticlan and Boracay while carrying light sand particles that replenish the beaches of its unique white sand.

Aside from this, Javelosa  posits that leveling the hill will unleash the full force of the monsoon winds and wreak havoc on Boracay’s so called microclimate. The strong winds will carry even heavier topsoil that will discolor the beach, and will create higher waves that will crush the beach, dragging its unique sand back into the sea. These strong winds will also cause foreign object damage to planes in the airport.

What Dr. Javelosa details are frightening and this is what serves as a unifying force for the Boracay stakeholders opposing the planned  international airport of a big conglomerate. Of what use, after all, is an international airport in Caticlan if this would lead to disastrous results. The Typhoon Ondoy and Pepeng catastrophes have strengthened the resolve of the Boracay stockholders to bring to the consciousness of the populace the need to oppose the planned international airport.

The disastrous effects of the climate change brought about by the failure of the government to rein in corporate greed have been highlighted by the economic upheavals that were brought by the lack of environmental concern. For starters, the country needs to refocus its efforts on the Boracay environmental challenges, especially those that pose hazards to Boracay’s come-on as a tourism destination. There is so much at stake here and it’s time the government spoke with one voice on environmental concerns.

Perhaps it is time for the incoming administration to zero in on the situation obtaining in Boracay. The famed beach is in danger of losing its tourism driver and all because of a plan to level the Caticlan hill. The Noynoy Aquino administration should level the plan to put up an international airport and instead have the planned airport put up in Kalibo. There is no other way out except to forego the leveling of that hill.

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AboitizLand to develop P1.1B housing project in Mactan

Written by Wilfredo Rodolfo III / Reporter/ May 20, 2010/ http://www.business mirror.com. ph/index. php?option= com_content&view=article&id=25445:aboitizlan d-to-develop- p11-b-housing- project-in- mactan&catid=45:regions&Itemid=71   

ABOITIZLAND announced its P1.1-billion residential development in Mactan Island, optimistic of the ever-growing local real-estate market in Cebu, which has kept the industry growing despite the economic crisis.

The new project, Ajoya, sits in a 15-hectare riverside property in Cordova town near its boundary with Lapu-Lapu City in Mactan Island. Construction is set to begin in June 2011.

Pia Manticon, vice president for residential business unit for AboitizLand, said the real-estate industry continued to grow in 2009 despite the global economic crisis thanks to local enthusiasm on real-estate investment. She said a huge chunk of the uptake for their other project, the condominium complex Persimmon, were local buyers.

“Usually it is the foreigners who race to buy condominium units, but with Persimmon, they ran out of units as local buyers gobbled it all up,” Monticon said. “We are answering the strong demand from local buyers and we expect this market to grow so we need to keep up.”

The same local market is being targeted by Ajoya, coined after the word Joy, a typical characteristic of Cebuanos which helped make Mactan island an international tourism destination. The middle-class project aims at providing housing units for workers based in Mactan Island.

Monticon said Mactan is growing economically not only through the hotels, but its economic zones. She bases her assumption on another Aboitiz-owned property, Mactan Economic Zone 2, which has seen significant growth even through the crisis years.

She said AboitizLand is expected to further grow with the real-estate industry in Cebu. She said the company, part of the Aboitiz family conglomerate, is still on the look-out for more developments in Mactan island and even in mainland Cebu.

“The industry is growing and this can be supported by the arrival of Manila-based developers who have come to build communities in Cebu,” Monticon said.

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SM Prime allots P6B for 2 malls in Cebu

Written by Miguel R. Camus / Reporter /July 18, 2010/ http://www.business mirror.com. ph/index. php?option= com_content&view=article&id=27822:sm- prime-allots- p6b-for-2- malls-in- cebu&catid=24:companies&Itemid=59

SM Prime Holdings Inc., the country’s largest mall developer and operator, is investing P6 billion in Cebu over the next three years to launch two more malls in the fast-growing Visayan province.

In a chance interview last week, SM Prime president Hans Sy said the listed company is investing P5 billion to build a mall on  a 28-hectare lot within the reclaimed 240-hectare South Road Properties (SRP) in Cebu City.

Sy said another P1 billion will be spent to develop an SM shopping center in a five-hectare property in Consolacion, a first-class municipality approximately 12 kilometers north of Cebu City.

Construction works in the two will start this year. The Consolacion mall, the smaller of the two, is expected to be completed by 2011. Sy said earlier that this mall will offer 50,000 square meters (sqm) of gross floor area.

The SRP mall, which will be the developer’s third shopping center in the island, will feature 250,000 sqm of gross floor area. SM Prime made its debut in the island province when its opened SM City Cebu in 1993.

Meanwhile, the P5-billion budget for the SRP mall represents a fourth of the P20 billion the SM Group plans to invest in the area, which is being positioned as a smaller version of its Mall of Asia Complex in Pasay City.

Apart from the shopping center, plans for the SRP complex include a 60,000-sqm convention center as well as hotels and condominium buildings to be constructed under SM Development Corp., the listed middle-income condominium developer of the SM Group.

SMDC president Rogelio Cabuñag said earlier his company has been “invited” to build projects near the SRP mall.

The hotel arm of the SM Group is also bullish on Cebu, with its plan to open within this year the 400-room Radisson Blu Hotel Cebu at the city’s North Reclamation Area near SM City Cebu.

SM Prime plans to be the first company in the Philippines to hold a Real Estate Investment Trust offer. The company is eyeing to raise up to $600 million by spinning off its “mature” mall assets into a separate entity to be listed and traded on the local stock exchange.

SM Prime earlier reported a 10-percent increase in its first-quarter net income to P1.9 billion while revenues grew 15 percent to P5.4 billion.

This year SM Prime plans to spend P12 billion to launch four new malls in the country and one in China. The company expects to have a total of 44 malls by the end of the year, of which 40 will be in the country and four in China.

SM Prime to build P5-billion retail complex in Cebu property

By Zinnia B. Dela Peña (The Philippine Star) Updated July 19, 2010 12:00 AM/ http://www.philstar .com/Article. aspx?articleId= 594512&publicationSubCateg oryId=66

MANILA, Philippines - SM Prime Holdings Inc., the country’s largest shopping mall operator, has earmarked P5 billion over the next three years to develop a retail complex within the reclaimed 240-hectare South Road Properties (SRP) in Cebu City.

SM Prime president Hans Sy said the company intends to focus on the development of the recently-acquired 28-hectare lot within the SRP. Plans are also underway to acquire an additional five hectares which will require an investment of P1 billion.

The P5-billion investment represents a quarter of the P20-billion spending program that SM Prime has allotted for a mixed-use development project at SRP over a 15-year period.

The shopping center is estimated to have a gross floor area of 250,000 square meters, which would become the biggest retail complex in Visayas and Mindanao. It is targeted for completion in 2012.

Apart from the mall, also being planned are a 60,000-sq.m. convention center as well as hotels and condominium buildings possibly to be constructed under SM Development Corp. (SMDC), the listed middle-income condominium developer of the SM Group.

  SM Prime acquired the property for P11,000 per square meter or nearly P3 billion. 

SM Prime is spending P12.1 billion this year for the opening of five new malls nationwide and one in China. Slated for opening this year are Calamba, Laguna; Masinag, Antipolo; Tarlac, Novaliches and San Pablo, Laguna which will provide 279,228 square meters in total gross floor area.

The company is scheduled to open its fourth mall in China, SM Suzhou in the fourth quarter of the year. Located in the province of Jiangsu. SM Suzhou will have a GFA of approximately 70,000 sqm.

Two new malls programmed for opening in China in 2011 and 2012 are Chonggqing and Zibo which will add to SM Prime’s three existing malls -  SM Xiamen, Jinjiang, and Chengdu.

SM Prime is targeting to put up two malls each year in China to bring the total number of malls in the mainland to 10 by 2014 as it seeks to take its malls overseas public.

By end this year, SM Prime expects to have a total of 41 malls with total gross floor area of 4.5 to 4.8 million square meters. Its malls currently have a foot traffic of over 2.5 million per day. 

For next year, SM Prime will start building malls in General Santos City, Commonwealth Avenue in Quezon City, Lanang (second mall in Davao City) and its second mall in Cebu to be located in La Consolacion, South Reclamation project.

Developer pledges: No more floods

Saturday, July 31, 2010

 

 

LAND owner and developer Genvi Development Corp. yesterday assured the public there will be no more flooding this rainy season in the areas near Monterrazas de Cebu.

Twelve detention ponds are already operational in the 210-hectare urban residential resort community development in Guadalupe, Cebu City to deal with flooding, the company said.

According to Ting Agbisit, vice president for construction and technical planning, “there are already four detention ponds located in Northridge and eight in the Peaks. We are planning to add 12 ponds after a few years.”

Monterrazas started their development in April 2007 and it spans four kilometers and 210 hectares of land covering portions of Barangays Guadalupe, Labangon, Tisa, Sapangdaku and Buhisan.

In past years, landslides in nearby barangays were blamed on the upscale subdivision and caused the suspension of the development. But after they put up flood mitigation measures, the ban was lifted in 2009 by then mayor Tomas Osmeña.

Monterrazas at that time was still under Landco Pacific Corp., which severed their ties with lot owner Genvi last February. Genvi then took hold of Monterrazas.

Published in the Sun.Star Cebu newspaper on July 31, 2010.

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Aklan pushes P1.3B project for Boracay

By Nestor P. Burgos Jr.
Philippine Daily Inquirer
First Posted 22:07:00 07/26/2010/ http://newsinfo. inquirer. net/inquirerhead lines/regions/ view/20100726- 283318/Aklan- pushes-P13- B-project- for-Boracay

ILOILO CITY—The Aklan provincial government will continue to implement a P1.35-billion reclamation project in Caticlan, jump-off point to the country’s prime tourist destination, Boracay, and on the resort island itself despite opposition from a group of business owners.

Governor Carlito Marquez said the project covering 36.82 hectares in Barangay Caticlan in Malay town and 3.18 ha in Boracay, would help Boracay’s tourism industry and the economy of the province, contrary to the belief of the Boracay Foundation Inc. (BFI) and other critics.

“It is their right to oppose although their concerns are unfounded and we believe the project will benefit the greater majority,” Marquez told the Inquirer in a phone interview on Monday.

The BFI, composed of around 200 business owners in Boracay, has issued a resolution opposing the project, citing the lack of adequate consultation on affected areas and communities, environmental concerns and fears that the development may directly compete with businesses on the island.

Marquez said the group might have been misled by “wrong information.” He said: “We will not put up businesses that will compete with Boracay. In fact, it will complement and enhance the island.”

The governor gave assurance that the project would abide by environmental laws and guidelines. He pointed out that it had already been issued permits from various government agencies.

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Development of the real estate business

August 18, 2010/ http://www.sunstar.com.ph/cebu/osmena-development-real-estate-business

THE real estate business in the early 1950s was largely unorganized and the caveat emptor spirit of the time – “let the buyer beware” – prevailed. No government license laws existed to govern activities of real estate brokers and their salesmen.

Congress later enacted Republic Act 9646, “An Act Regulating the Practice of Real Estate in the Philippines, Creating for the Purpose a Professional Regulatory Board of Real Estate Service, appropriating funds therefore and for other purposes.” It took the government five decades to finally resolve the implementing rules and regulations urged then by the Philippine Association of Real Estate Board to establish trade ethics, standardization of real estate brokerage practices, commission charges, and servicing fees.

In the early 1960s, the Cebu Realtors’ Board was organized on the concept that the exchange of real estate practice and business trends information among the individual real estate boards instilled the need for unity in the real estate business. As a trade organization, the Philippine Association of Realtors Board (Pareb) was patterned after the US National Association of Real Estate Boards, when it drafted and adopted in 1913 a comprehensive code of ethics which contributed greatly to the transition of real estate from an unorganized business to its current status of a profession.

The adoption of the association’s emblem and the coining in 1916 of the trademark term “realtor,” which is reserved for sole use by the association’s active members, followed. The success of these individual real estate boards soon attracted the attention of organizing other real estate organization.

The creation of the Housing and Land Use Regulatory Board (HLURB) and the enactment of the condominium law during the Marcos rule eventually led toward the accomplishment of desirable social and economic ends to real estate development. Gone were the developers and fly-by-night operators whose road networks in the residential subdivisions are substandard, where road width is more of an alley and only open canal served as storm drainage.

One such environmentally-friendly Marcos decree was prohibiting the development of land with a slope over 60 percent and the area to be used for silviculture only. The purpose of the decree is to prevent soil erosion where the trees and shrubs hold the soil. Critics argue that HLURB should re-implement the 60 percent slope prohibition to prevent future flooding of the coastal areas.

The realtor’s preamble to the code of ethics set forth that, “under all is land, upon its wise utilization and widely allocated ownership depend the survival and growth of free institutions and of our civilization. The realtor is the instrumentality through which the land resources of the nation reach its widest distribution. He is a creator of homes, a builder of cities, a developer of industries and productive farms.”

For the record, let it be recognized that realtors have, for many decades, played an important role in the development of the industry in Cebu. It is because a realtor endeavors always to be informed regarding the law, proposed legislation, and other essential facts and public policies, further, the “realtor pledges himself to be fair to purchaser or tenant, as well as the owner whom he represents and whose interests he should protect and promote as he would his own; it is the realtor’s duty to advise the owner honestly and intelligently regarding its fair market value.”

It is the duty of every realtor to protect the public against fraud, misrepresentation, or unethical practices in connection with real estate transactions. Although most people think of real estate brokerage when the term real estate business is used, the greater part of real estate activity initiates in other areas of real estate specialization.

Many who are actively or inactively engaged in real estate are not in the brokerage branch of the business and are not negotiating real estate transactions for others and for a commission. They are investing in real estate or mortgage, buying and selling an interest in real estate on their own account, appraising real estate, constructing buildings, or working in a government agency that owns, manages, regulates, taxes, finances, or seeks to stimulate the economic use of real estate. The challenge addressed to the Cebu Realtors’ Board is to broaden and encourage real estate education especially to the unlicensed “colorum” realty salespersons.

Published in the Sun.Star Cebu newspaper on August 18, 2010.

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Filinvest Land to build P25B project in December

August 27, 2010/ http://www.sunstar.com.ph/cebu/developer-build-p25-b-project-december

FILINVEST Land Inc.(FLI) requested Cebu City Hall to finalize the power supply, telecommunications and transport utilities at the South Road Properties (SRP), as it prepares to start construction of its P25-billion project this December.

It also wants the City Council to confirm through a resolution the City Attorney's legal opinion clearing them of any obligation to pay transfer taxes amounting to P3 million.

Other than the city treasurer's move to collect transfer taxes from them, which he said was a minor “hitch,” Tristan las Marias, FLI's vice president for Visayas and Mindanao, said the City Government has been cooperative in their joint venture.

FLI will break ground later this year for the first 150 residential units in its joint venture with the City, and the development of a commercial and entertainment complex in the 10.6-hectare Pond F.

Las Marias said they can turn over at least P72 million to the City Government by June next year if all 150 units are sold immediately.

The amount represents the City's 10-percent share in the joint venture for the development of 60 residential buildings on the 40-hectare lot.

“We have received quite a significant amount of intentions and reservations from interested buyers... Our arrangements with the City is we would be able to remit almost quarterly what we collect. So if we can convert all these reservations to actual sales and collection by the time we get our license to sell.

Hopefully by second quarter next year, we would be able to remit the share of the City,” las Marias said.

Its license to sell and collect payment for the residential units is scheduled for release this October.

First phase

Some P4 billion will be poured in for the first phase of Citta di Mare, which includes four five-story buildings in Amalfi Coast, the car-free residential area; and Il Corso, the commercial and entertainment area on Pond F.

FLI is the first investor to buy a property at the SRP. In February last year, it signed the contract for the purchase of the 10.6-hectare lot for P1.5 billion and the joint venture to develop the 40-hectare area.

The City's contribution to the joint venture is the lot, while FLI will invest in the construction of 60 residential buildings with commercial and retail areas. Some 12,000 to 15,000 condominium units will be constructed.

For the first four buildings in Amalfi Oasis, 150 units will be constructed this December and these are expected to be completed in 12 months.

Most of the units have a floor area of 60 square meters at P75,000 to P80,000 per square meter. At P4.8 million per unit, FLI can sell the first 150 units for P720 million.

From that, Las Marias said the City could earn at least P72 million for its share from the joint venture.

In a press briefing yesterday, Las Marias presented their plans for the 50.6-hectare Citta di Mare, which is Italian for “City by the Sea.”

Once completed in 20 to 25 years, Citta di Mare will resemble the seaside communities in Italy.

Features

It will be an environment and child-friendly residential area, he said, since 65-percent of the 40-hectare development will be parks and open spaces, and it will be a completely car-free zone.

Road networks and parking spaces will be underground, and motorized vehicles will not be allowed in the residential area, las Marias said.

The 10-hectare Il Corso will also feature an amphitheater, an amusement park, a beach sandbox, a hotel, retail and commercial centers and a water sports activity area.

Its centerpiece would be a Spanish-era galleon that will feature a museum and restaurants.

In a press briefing yesterday, las Marias said the City has been a “very cooperative” joint venture partner in terms of providing the necessary utilities at the SRP.

“The City has been cooperative in terms of things we need from them. They have discussed their plans on water and power facilities, so I guess it's just a matter of implementing these things,” he said.

Water supply is already available, but the City has yet to ink a deal with the power supplier and set up telecommunications and transport utilities, particularly the Bus Rapid Transit (BRT) system.

He also said it would help them market the project better if the City can fast track the implementation of the BRT as the means of transport in SRP. The BRT will be set up in 2013 yet.

“I think the capacity of the City to contract a party or generate its own power to support developments in the SRP, that's going to be very critical. They're doing studies and they're talking to business groups on how they can provide this basic utility. I hope they can have a firmer plan in the soonest possible time,” he told reporters.

In a separate interview, Joel Mari Yu of the Cebu Investment and Promotions Center, the marketing and management arm of the SRP, said the water and power supply is not an issue.

The Metropolitan Cebu Water District was already contracted for the water supply.

Although the City still has to enter into an agreement with the Visayan Electric Co. for special arrangements on power supply at the SRP, Yu said it is providing electricity to establishments at the SRP at present.



Published in the Sun.Star Cebu newspaper on August 27, 2010.


 

 

 

 

 

 

 

 

 

 

 

 

 
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