Professionalization in All Levels of Real Estate Practice. RESA IRR Objection
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We, the undersigned, strongly object on the IRR COMMENT/SUGGESTION
(1) Any person, natural of juridical, who shall directly perform by himself the acts mentioned in Section 3 hereof with reference to his/her or its own property, except real estate developers who are real estate practitioners, as defined under Section 3g. For this purpose, however, those who are employed by such persons/entities/REAL ESTATE DEVELOPERS, who shall perform said acts with reference to his/her employer's property, and receive compensation therefor, shall not be deemed engaged in the practice of real estate service.
ALSO PREVIOUSLY:
(1) 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 with respect to their external brokers and salespersons.
FOR THE SIMPLE REASON THAT THIS PROVISION DIRECTLY VIOLATES Section 28 (A) of the Real Estate Service Act RA 9646 which EXPRESSLY exempts the Real Estate Developers (without making any qualification) from among the Natural and Juridical Persons who shall directly or indirectly perform the acts defined under Section 3g (which specifically defined the acts being performed by Real Estate Practitioners) as those who are EXEMPTED from the Acts Constituting the Practice of the Real Estate Service. TO ALLOW the said comment/suggestions from being incorporated to the RESA IRR would mean providing for an exemption to the exemption which the LAW itself does not provide. This will also circumvent the true spirit of the law and the basic principle in Statutory Construction which provide that "WHERE THE LAW DOES NOT INCLUDE IT EXCLUDES ".
(1) Any person, natural of juridical, who shall directly perform by himself the acts mentioned in Section 3 hereof with reference to his/her or its own property, except real estate developers who are real estate practitioners, as defined under Section 3g. For this purpose, however, those who are employed by such persons/entities/REAL ESTATE DEVELOPERS, who shall perform said acts with reference to his/her employer's property, and receive compensation therefor, shall not be deemed engaged in the practice of real estate service.
ALSO PREVIOUSLY:
(1) 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 with respect to their external brokers and salespersons.
FOR THE SIMPLE REASON THAT THIS PROVISION DIRECTLY VIOLATES Section 28 (A) of the Real Estate Service Act RA 9646 which EXPRESSLY exempts the Real Estate Developers (without making any qualification) from among the Natural and Juridical Persons who shall directly or indirectly perform the acts defined under Section 3g (which specifically defined the acts being performed by Real Estate Practitioners) as those who are EXEMPTED from the Acts Constituting the Practice of the Real Estate Service. TO ALLOW the said comment/suggestions from being incorporated to the RESA IRR would mean providing for an exemption to the exemption which the LAW itself does not provide. This will also circumvent the true spirit of the law and the basic principle in Statutory Construction which provide that "WHERE THE LAW DOES NOT INCLUDE IT EXCLUDES ".
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