PHILRES (National) By-Laws: ARTICLE 15 - LOCAL CHAPTERS

Note: A separate and uniform Chapter By-Laws will be issued to PhilRES Chapters by the National Directorate for SEC Registration. Broker Rem Ramirez, PhilRES National Vice President for Chapter Devt and Chapter Affairs

Section 94.

Purpose and Objectives in Creating Local Chapters

The purpose and objectives of creating a Local Chapter are the following: 1. To promote maximum participation of all members in all activities and programs, in advancing the objectives of the organization and that of the real estate service profession; To be the extension of the national organization in the Chapter's territory or jurisdiction and to police the members within their respective jurisdiction. To implement and carry out all programs and projects of the national organization, except when the nature of a project requires direct implementation by the national organization. Chapter Organization

2.

3.

Section 95.

1. Governance a. The National Directorate shall prescribe a set of uniform rules governing the administration and operation of Local Chapters which shall not be inconsistent with the Articles of Incorporation and ByLaws of PhilRES. b. Exception or modifications of the rules and provisions for any specific Local Chapter shall not be allowed unless otherwise approved by the National Directorate and when so approved such modifications should be applicable for all other Local Chapters. No act of a Local Chapter shall directly or indirectly nullify or contravene any provisions of these By-Laws and such rules and regulations adopted by the National Directorate; and All Chapters shall be under the general supervision of their respective Regional Vice-Presidents as provided in these By-Laws.

c.

d.

1 | Excerpt prepared by Broker Rem Ramirez, PhilRES National Vice President for Chapter Devt and Chapter Affairs (09228839308/broker.ramirez@yahoo.com.ph)

2. Formation of Chapter The National Directorate may, as it deems fit, organize or approve applications to organize Local Chapters. The National Directorate shall organize or approve the organization of not more than one (1) Local Chapter for each province, each city or each First Class Municipality. The National Directorate shall have the sole authority to approve and prescribe rules and regulations as prescribed and consistent with these By Laws for the creation or organization of a new Local Chapter. 3. Authority and Duties of Chapters The following are the authority and duties of Local Chapters. Local Chapters shall: a. Adopt a name which shall include the acronym PhilRES-" as prefix of the Local Chapters name consistent with rules and regulations on Chapter nomenclature; b. Cooperate with other Local Chapters, Regional and National organizations upon consultation and with the permission of the National Directorate to further the interests of the members, and by agreement with these organizations, may represent and act for them only within the Local Chapters jurisdiction and domain.

Local Chapters seeking or intending to hold or conduct any activity which is outside and beyond its local chapter jurisdiction and territory are required to: b.1. Formally notify the National Directorate in writing at least thirty (30) days prior to the holding of any activity outside and beyond its local chapter jurisdiction and territory of its intention to hold an activity; b.2. Formally notify in writing the Local Chapter within whose local chapter jurisdiction and territory the intended activity is to be held and seek its permission at least thirty (30) days prior to the holding of the activity; c. Collect PhilRES-National and Local Chapter Annual Membership Dues; d. Implement all programs and projects of PhilRES-National; and e. Perform such other functions and duties as may be assigned by the Regional Vice-President which shall be consistent with the plans and programs of the National Directorate.

2 | Excerpt prepared by Broker Rem Ramirez, PhilRES National Vice President for Chapter Devt and Chapter Affairs (09228839308/broker.ramirez@yahoo.com.ph)

4. Chapter in Good Standing a. To be in good standing for the current calendar year a Local Chapter i. ii. must have the minimum number of fifteen (15) members in good standing; and must have paid on time as prescribed in this By Laws the required Chapter Annual Fee at such reasonable amounts as determined by the Local Chapter Board of Trustees.

b. A Chapter in good standing shall be given the right to: i. qualify members in good standing for inclusion into the National Roster of Qualified and Eligible Candidates for election or appointment as a National Trustee or National Officer; and participate in various national awards, such as Most Outstanding Local Chapters, etc.

ii.

Section 96. Administration of Chapters 1. Composition The administration of each Local Chapter shall be vested in a Local Chapter Board of Trustees consisting of the following elected members. a. b. c. d. e. f. g. h. i. j. Chapter President, Chapter Executive Vice President, Chapter Secretary, Chapter Treasurer, Chapter Auditor, Chapter Vice President for Consultants, Chapter Vice President for Appraiser, Chapter Vice Presidents for Brokers, Chapter Vice President for Government Appraiser, Chapter Vice {President for Government Assessors.

A non-voting Associate Member representative to the Local Chapter Board of Trustees shall be selected by the members of the Local Chapter Trustees-elect from among the list of Associate Members in Good Standing to act as an official observer of the Associate Members during meetings of the Local Chapter Board of Trustees but would not have any right to enjoy the right and privilege to vote, make motions or, interpellate any Trustee. Should there be no eligible candidate for a particular sectoral category at any Local Chapter elections, a Regular Member in Good Standing from the particular sectoral category shall be appointed by the duly elected National Directorate from a list of Five (5) recommendees submitted by the President to the National Directorate to fill that particular vacant sectoral category for that particular election.
3 | Excerpt prepared by Broker Rem Ramirez, PhilRES National Vice President for Chapter Devt and Chapter Affairs (09228839308/broker.ramirez@yahoo.com.ph)

2. Qualifications of Officers Candidate nominees at any elections for Chapter Officers must possess the following qualifications: a. Regular membership in good standing of the Chapter; b. Active participation in the affairs of the Chapter for at least two (2) years. This requirement does not apply for Local Chapters in the first two (2) years of formation; c. Demonstrated leadership in professional, civic or community undertakings; d. Good moral character and adherence to the PRC prescribed National Code of Ethics and Responsibilities and other authorized authorities; and e. At least two (2) consecutive years of active practice of the profession. 3. Term of Office a. The members of the Chapter Board of Trustees shall serve for one (1) year from January 01 until December 31 of every year they are elected or until the successor shall have been qualified and elected. b. No member of the Chapter Board of Trustees shall hold office and/or be appointed in any position for more than three (3) consecutive terms. 4. Vacancy In case of vacancy during the term of office of any of the trustees or officers, the provision of law as embodied in the filling up of vacancies as enumerated in the Corporation Code of the Philippines shall apply unless otherwise provided for in this By-Laws. 5. Duties of Chapter Officers The duties of the Chapter Officers are as follows: a. President The President, who shall be a Trustee, shall perform all duties as customary to his office. He shall: b.1. b.2. b.3. Be the Chief Executive Officer of his Local Chapter; Preside at all Meetings and at the Annual General Membership Meeting and Elections; Always be the Official Representative of his Local Chapter and act in its name subject to the declared policies of the Local Chapter and the National Directorate of PhilRES and the provisions of the standard PhilRES Local Chapter By-Laws; Countersign all checks for disbursements of funds of his Local Chapter; Submit an annual report to the members;

b.4. b.5.

4 | Excerpt prepared by Broker Rem Ramirez, PhilRES National Vice President for Chapter Devt and Chapter Affairs (09228839308/broker.ramirez@yahoo.com.ph)

b.6. b.7.

b.8. b.9. b.10. b.11. b.12.

Serves as the Chief Executive Officer of the Chapter and as such shall exercise general supervision over the affairs thereof; Ensures that the By-Laws as well as the resolutions, directives and policies issued in pursuance thereof by the Local Chapter Directorate, officers and committees acting within their respective legal authorities are complied with by the Chapter; Presides over all the meetings of the Chapter Board of Trustees and the General Membership of the Chapter; Organizes the Chapter committees; Supervises all its committee works, and social and business affairs; Signs contracts, directives and legal instruments which have been approved by the Chapter Board of Trustees; and Represents the Chapter on all occasions and in all matters where it should be represented and submits reports and plans and programs of his Local Chapter to their respective Regional Vice Presidents.

b.

Executive Vice President The Local Chapter Executive Vice President who shall be a Trustee, shall perform all duties as customary to his office and shall have the powers, authorities, duties, functions and responsibilities assigned and duties the Local Chapter President or Local Chapter Board of Trustees may from time to time assign to him. The Executive Vice President shall: c.1. c.2. c.3. assist the Local Chapter President of PhilRES in all matters; take-over the duties and responsibilities in the temporary absence of the Local Chapter President; represent his Local Chapter and act in its name subject to the declared policies of the Local Chapter Board of Trustees and the provisions of their Chapter By-Laws in the temporary absence of the Local Chapter President.

c.

Secretary The Local Chapter Secretary who shall be a Trustee, shall perform all duties as customary to his office and shall have the powers, authorities, duties, functions and responsibilities assigned and duties the Local Chapter President or Local Chapter Board of Trustees may from time to time assign to him. c.1. Issues and Certifies a duly notarized List of Regular Members and Associate Members in Good Standing as of 15 March of every year not later than 31 March of the same year and together with the Membership Committee Chairman transmits the certified list to the Secretary General. This list shall also indicate its members with memberships with other local chapters and the Local Chapter of Choice of such member/s; Issues all notices, circulars, records and supervise the proper recording of minutes of all Chapter meetings;

c.2.

5 | Excerpt prepared by Broker Rem Ramirez, PhilRES National Vice President for Chapter Devt and Chapter Affairs (09228839308/broker.ramirez@yahoo.com.ph)

c.3. c.4. c.5. c.6.

Takes charge and custody of all the legal correspondences of the Chapter; Prepares and submits a quarterly accomplishment report to the respective Regional Vice President; Safekeeping of all records for proper turnover to the next secretary; and Performs such other matters as may, from time to time, be required of him by the Chapter President and the Local Chapter Board of Trustees.

d.

Treasurer The Local Chapter Treasurer who shall be a Trustee, shall perform all duties as customary to his office and shall have the powers, authorities, duties, functions and responsibilities assigned and duties the Local Chapter President or Local Chapter Board of Trustees may from time to time assign to him. d.1. d.2. Takes charge of the over-all supervision of the financial affairs of the Chapter; Collects all fees, dues or contributions from the Chapter members as required by their Local Chapter By-Laws and as may be authorized by the Local Chapter Board of Trustees and/or by the PhilRES-National which are not inconsistent with the By-Laws.

The Local Chapter Treasurer shall forward to the Local Chapter Secretary before the end of the month of March of every year the List of Regular Members and Associate Members who have paid their required membership dues and other assessments or arrears, if any as of 15 March of every year; d.3. Disburses funds as necessary and in accordance with approved accounting and auditing rules and procedures; d.4. Signs all instruments of the Local Chapter wherein his signature is required by law and perform all such duties for the Chapter as may be assigned to him by the Chapter President and the Chapter Board of Trustees; d.5. Remits to the Treasurer the national share of the national annual individual membership dues and Local Chapter membership dues and prepare an official report of the said remittance to the Chapter Board of Trustees; d.6. Renders monthly report and audited annual financial report to the Chapter members and to the Treasurer regarding the receipt and disbursement of funds and their amounts under his/her responsibility; d.7. Signs all checks, and all financial transactions, together with the Chapter President or another officer as may be designated by the Chapter Board of Trustees. e. Local Chapter Auditor The Local Chapter Auditor who shall be a Trustee, shall conduct regular audit in accordance with the auditing rules and regulations and perform all duties as customary to his office and shall have the powers, authorities, duties, functions and responsibilities assigned and duties the Local Chapter President or Local Chapter Board of Trustees may from time to time assign to him.

6 | Excerpt prepared by Broker Rem Ramirez, PhilRES National Vice President for Chapter Devt and Chapter Affairs (09228839308/broker.ramirez@yahoo.com.ph)

The Local Chapter Auditor: e.1 Conducts an overall independent review of all financial affairs to ensure check and balance of the business operations of the Chapter; and Serves as a regular member of the Chapter Board of Trustees with voting rights.

e.2

Section 97. Chapter Meetings 1. The Chapter Board of Trustees shall hold meetings at least once a month that will not be in conflict with any previously set PhilRES-National activity; 2. The Chapter General Membership Meeting shall hold meetings in such frequency as the Chapter Board of Trustees decides. During the meeting at such time and date in such place as may be agreed upon by its members, Chapter activities shall be discussed and the Chapter Treasurer shall render a report on the financial affairs of the Chapter; 3. No subject matter requiring a quorum shall be acted upon unless notice thereof is given to the members at least seven (7) days before the day of meeting.

Section 98. Chapter Committees 1. The Chapter Committees are but may not be limited to: a. b. c. d. e. f. g. h. Committee on Internal Affairs Committee on Professional Practice Committee on Governmental and External Affairs Committee on Education Committee on Professional Development Committee on Continuing Professional Education Committee on Multi Listing or Property Listing Committee on Advocacy and Anti-Colorum

2. The Local Chapter Board of Trustees and/or the President shall have the power to create other committees at any time and appoint Chapter Committee Chairman and members subject to the confirmation of the Local Chapter Board of Trustees.

7 | Excerpt prepared by Broker Rem Ramirez, PhilRES National Vice President for Chapter Devt and Chapter Affairs (09228839308/broker.ramirez@yahoo.com.ph)

Section 99. Revival of Inactive Chapters The National Directorate shall institute measures and policies concerning the revival of inactive Chapters. Section 100. Certificate of Chapter Registration A Certificate of Chapter Registration is issued to each Local Chapter that is organized which states the date of admission, classification as Chapter, territorial domain, Regional Area Jurisdiction classification, Chapter Charter Officers and Members; duly signed by the President, Secretary General, Regional Vice President and the Chairman of the Committee on Chapter Organization. lt shall bear the Official Seal of PhilRES. Section 101. Local Chapter Presidents Assembly (LCPA) 1. Composition a. The Local Chapter Presidents' Assembly is composed of all incumbent Local Chapter Presidents with the President, or his duly appointed representative who is also a National Trustee, as member. b. The Officers of the Local Chapter Presidents' Assembly shall be: b.1 b.2 b.3 b.4 2. CPA Chairperson; CPA Vice Chair; CPA Secretary; CPA Treasurer.

Purposes for the Local Chapter Presidents Assembly The Local Chapter Presidents' Assembly meets either by Regional Area Jurisdiction or as a collective national body of Chapter Presidents for the following purposes: a. To discuss and exchange ideas and monitor implementation of program and projects; b. To compare results of programs and projects and evaluate difficulties and successes and recommend solutions to the problems; c. To propose and endorse through their respective Regional Vice Presidents, to the National Directorate any needed amendments in the Local Chapter By-Laws or PhilRES-National By-Laws; d. Submit through their respective Regional Vice Presidents, programs and policies through resolutions, subject to the approval of the National Directorate.

3.

Quorum Assembly Requirements a. The President, or his duly appointed representative who is also a National Trustee, must always be present in any Local Chapter Presidents Assembly to be valid and shall be part of the quorum and voting members at any meeting of the CPA. b. The Local Chapter Presidents' Assembly must have a valid quorum for any Assembly business to be valid.

8 | Excerpt prepared by Broker Rem Ramirez, PhilRES National Vice President for Chapter Devt and Chapter Affairs (09228839308/broker.ramirez@yahoo.com.ph)

Section 102. Types of Membership in Local Chapters The Types of Membership of Local Chapters are: 1. Regular Members 1.a Natural persons who are licensed and registered real estate service practitioners who have been duly licensed and recognized by the Professional Regulatory Board of Real Estate Service pursuant to the provisions of Section 20 Article III and Section 30 Article IV as applicable of R. A. 9646, and its Implementing Rules and Regulations, and; Who have been admitted into PhilRES as a Regular Member pursuant to the provisions of Section 34 Article IV of R. A. 9646, and its Implementing Rules and Regulations. Regular Members of Local Chapters are the classified as: 1.c.1. Founding Members

1.b

1.c

The Founding Members of Local Chapters are the Founding Incorporators, Founding Officers and Trustees and the other Members of the Local Chapter at the time of the filing of the Articles of Incorporation and By-Laws of that particular Local Chapter. 1.c.2. Charter Members

The Charter Members are the registered and licensed real estate service practitioners who were accepted as members of the Local Chapter and who were classified as Charter Members by the Local Chapter upon their formal acceptance, investiture and badging to the Local Chapter. 1.c.3. Ordinary Regular Members Ordinary Regular Members are those Regular Members who are not classified as Founding, Charter, Senior, Emeritus nor Fellows of PhilRES Local Chapters. 2. Associate Members Associate Members of Local Chapters are the accredited and/or registered professionals in the real estate industry engaged in kindred trades or occupations such as, but not limited to accredited real estate salespersons. An accredited Salesperson is a natural person who performs service for, and in behalf of a real estate broker and who is registered and licensed by the Professional Regulatory Board of Real Estate Service and who have been admitted into the Local Chapter of PhilRES as an Associate Member pursuant to the provisions of Rule 2 Paragraph 2 of PRC Resolution No. 2004-178.

9 | Excerpt prepared by Broker Rem Ramirez, PhilRES National Vice President for Chapter Devt and Chapter Affairs (09228839308/broker.ramirez@yahoo.com.ph)