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Republic of the Philippines

Professional Regulation Commission


Manila

BOARD OF REAL ESTATE SERVICE PRACTITIONERS


Board Resolution No. ____
Series of 2010

THE IMPLEMENTING RULES AND REGULATIONS (IRR) OF 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

Pursuant to Section 42, Article V of Republic Act No. 9646, known as "Real Estate Service Act of the
Philippines," the Board of Real Estate Service Practitioners hereby prescribes, adopts, and
promulgates the following Rules and Regulations to carry out the provisions thereof.

BOOK 1 – GENERAL AND COMMON PROVISIONS


Series of 2010

RULE I
TITLE, DECLARATION OF POLICY AND DEFINITION OF TERMS

Section 1. Title. - This Resolution shall be known as the “Implementing Rules and Regulations of
Republic Act 9646 – Book 1 (General and Common Provisions).”

Section 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.

Section 3. Definition of Terms. - As used in this IRR, 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 plant, equipment, and machineries, essentially for taxation
purposes. This definition also includes assistant assessors.
(c) “Board” – shall refer to the Professional Regulatory Board of Real Estate Service.
(d) “Chairman of the Board” – refers to the chairman of the Professional Regulatory Board
of Real Estate Service.
(e) “Commission” – shall refer to the Professional Regulation Commission (PRC) created
under R.A. No. 8981.
(f) “Commission Chairperson” – the chief/head executive officer (CEO) Chairperson of
the Commission.
(g) "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.

(h) "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.

(i) "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.

(j) "Real property" includes all the rights, interests and benefits related to the ownership of
real estate.

(k) "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.

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(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.

RULE II
PROFESSIONAL REGULATORY BOARD OF REAL ESTATE SERVICE

Section 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 IRR.

Section 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 or terms of specifications 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;

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(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 IRR, 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 IRR;

(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;

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(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 IRR.

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.

Section 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.

Section 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

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cards. Each member of the Board shall take the proper oath of office prior to the assumption of
duty.

Section 8. Compensation and Allowances of the Chairperson and Members of the


Board. - The members of the Board shall receive compensation equivalent to, at least, two
salary grades lower than the salary grade of the Commissioners: Provided, That the Chairperson of
the Board shall receive a monthly compensation of two steps higher than the members of the
Board and: Provided, further, That they shall be entitled to other allowances and benefits provided under
existing laws.

Section 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.

Section 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.

Section 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.

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.

RULE III
TECHNICAL SUPPORT GROUPS

SEC. 12. Creation and Composition of the Technical Support Groups (TSGs). - The
Board may create a Technical Support Group for each of the four (4) Real Estate Service
Practitioners, composed of a chairperson and two (2) members who shall be appointed by the
Commission from a list of five (5) nominees submitted by the accredited and integrated professional
organization of real estate service practitioners and the Board as recommended by each of the
accredited and integrated professional organizations of real estate practitioners which shall be under
the supervision and administrative control of the Board.

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The first TSGs shall be organized within fifteen (15) days from the effectivity of this IRR.

SEC. 13. Powers, Functions, Term of Office and Qualification of the Chairperson
and Members of the Technical Support Groups. – The Powers, Functions, Term of Office and
Qualification of the Chairperson and Members, etc. of the Technical Support Groups shall be
specified in the sections specific to each of the four (4) practitioners of the real estate service.

RULE IV
ACCREDITED PROFESSIONAL ORGANIZATION (APO)

SEC. 14. Accredited Professional Organization (APO). – The Board shall accredit an
integrated professional organization of the real estate service practitioners, duly registered with the
Securities and Exchange Commission (SEC), which shall be a federation of the four (4) integrated
professional organizations representing the four (4) real estate service practitioners.

RULE V
PENAL AND FINAL PROVISIONS

Section 15. Penal Provisions, - Any violation of this IRR, including violations of
implementing rules and regulations, shall be meted the penalty of a fine of not less than One
Hundred Thousand Pesos (P100,000.00) 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.

Section 16. Appropriations. - The chairperson of the Professional Regulation Commission


shall immediately include in the Commission's programs the implementation of this IRR, the
funding of which shall be included in the annual General Appropriations Act and thereafter.

Section 17. Separability Clause. - If any clause, sentence, paragraph or part of this IRR
shall be declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any
other part of this Act.

Section 18. Repealing Clause. - All rules and regulations, department or memorandum
orders and other administrative issuances or parts thereof which are inconsistent with the provisions
of this IRR are hereby modified, superseded or repealed accordingly.

Section 19. Effectivity. - This IRR 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.

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Approved.

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Republic of the Philippines
Professional Regulation Commission
Manila

BOARD OF REAL ESTATE SERVICE PRACTITIONERS


Board Resolution No. ____
Series of 2010

THE IMPLEMENTING RULES AND REGULATIONS (IRR) OF 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

Pursuant to Section 42, Article V of Republic Act No. 9646, known as "Real Estate Service Act
of the Philippines," the Board of Real Estate Service Practitioners hereby prescribes, adopts, and
promulgates the following Rules and Regulations to carry out the provisions thereof.

BOOK 3 – REAL ESTATE APPRAISER


Series of 2010

RULE I
TITLE AND PURPOSE

Section 1. Title. - This Resolution shall be known as the “Implementing Rules and
Regulations of Republic Act 9646 – Book 3 (Real Estate Appraiser).”
SEC. 2. Purpose . - This IRR RA 9646 – Book 3 (Real Estate Appraiser) shall
prescribe the procedures, standards and criteria for the implementation of the provisions
of R.A. No. 9646 as it pertains to appraisers to attain the following objectives:
(a) To develop and nurture, through proper and effective regulation and supervision, a
corps of technically competent, responsible and respected professional appraisers whose
standards of practice and service shall be globally competitive and will promote the growth of
the real estate industry; and
(b) To carry out the other provisions of R.A. 9646 - the "Real Estate Service Act of the
Philippines."
SEC. 3. Definition of Terms. As used in this IRR, the following terms shall mean:
(a) "Appraisal" refers to the systematic and analytic determination and recording of
property facts, circumstances and investigation of other relevant data resulting in a supportable
estimate and opinion of value. It is a professional conclusion of value estimate based upon
supporting data, logical analysis and learned judgment.
(b) "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.
(c) Appraiser-of-record refers to the appraiser whose name appears on an appraisal
report prepared for a specific valuation on which that appraiser performed.

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(d) "Property type" refers to any of the four property types, which are: (1) real property,
(2) personal property, (3) business and business interest and (4) financial interest. For the
purposes of this IRR, only the first, real property, is covered.
(e) "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.
(f) "Real estate appraisal service practitioners" shall refer to and consist of the following:

(1) 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.

(2) Review Appraiser - an appraiser who renders an impartial judgment if a real


estate appraisal done by another appraiser(s)/valuer(s) has been carried out in accordance with
professional standards, such services of which results to a reasoned agreement or disagreement
on the rendered opinion of value on the appraisal (s) under review.

(3) Consulting Appraiser - an appraiser who is rendering analyses,


recommendation, or opinion to solve a problem, where an opinion of value is a significant
component of the analysis leading to the assignment results.

(4) Certified General Valuer - a natural person duly certified by a reputable


certifying organization/entity of valuers in all the four property types who, in expectation of a
fee, compensation or valuable consideration, offers or renders services in estimating and arriving
at an opinion of or acts as an expert on the value of any property type and offers or renders an
impartial judgment if a valuation done by another valuer(s) has been carried out in accordance
with professional standards, such services of which results to a reasoned agreement or
disagreement on the rendered opinion of value on the valuation(s) under review.

(5) Valuation Assistant - a natural person who performs service for or assists a
real estate appraiser.

(g) "Real property" includes all the rights, interests and benefits related to the ownership
of real estate.

RULE II
PRACTICE OF REAL ESTATE APPRAISAL

SEC. 4. Acts Constituting the Practice of Real Estate Appraisal. - Any single act
or transaction embraced within the provisions of paragraphs a and b and sub-paragraph 2,
paragraph e, Section 3 hereof shall constitute an act of engaging in the practice of real estate
appraisal.
SEC. 5. Right to Practice Real Estate Appraisal Profession. – The practice of Real

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Estate Appraisal is a professional service, admission to which shall be determined upon the
basis of an individual’s personal qualifications. The Real Estate Appraiser is responsible for the
correctness of his professional work for which he shall be answerable therefore.
SEC. 6. Display of License in the Place of Business. - Every registered and
licensed real estate appraiser 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 appraisers employed in such office.
SEC. 7. Signing and Sealing of Appraisal Report and Contract Document. - It
shall be unlawful for any appraiser to sign his/her name, affix his/her seal, or use any other
method of signature on appraisal reports or contract documents made under another
appraiser’s supervision, unless the same is made in such manner as to clearly indicate the part or
parts of such work actually performed by the former, and shall be unlawful for any person,
except the appraiser-of-record, to sign for any branch of work for any function of real
estate appraisal practice, not actually performed by him/her. The appraiser-of-record, shall be
fully responsible for all aspects of the valuation and documents issued under his/her seal or
authorized signature.
The authorized signature, official seal, PTR, PRC registration number and the APO
membership number and Official Receipt (O.R.) number of the appraiser-of-record stamped on
the appraisal report and contract documents signify his/her assumption of the mandated
civil liability under the Civil Code. The appraiser-of-record should be limited to appraisal
documents of the property subject of the appraisal and his/her liability does not extend to
the professional responsibility nor civil liability of the other signing (sealing) professionals
unless these are under his/her direct employ. This rule shall apply to both appraisers in
government as well as appraisers in private practice or employed by private firms.
Supervisor(s) of appraiser-of-record are to conduct appraisal reviews rather than sign
appraisals undertaken by subordinates. The TSG-REA shall recommend to the Board all the
necessary rules and regulations with regard to the signing and sealing of appraisal reports, and
other documents.
For appraisal documents prepared by appraisal firms, the Registry Number and the SEC
and/or DTI Registry Numbers should be prominently displayed on all appraisal documents.
SEC. 8. Prohibition Against the Unauthorized Practice of Real Estate
Appraisal. - No person shall practice or offer to practice real estate appraisal in the
Philippines or offer himself/herself as real estate appraiser, or use the title, word, letter, figure
or any sign tending to convey the impression that one is a real estate appraiser, or advertise or
indicate in any manner, whatsoever, that one is qualified to practice the profession, or be
appointed as real property appraiser 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 IRR, a holder of a valid certificate of registration, and

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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 private appraisers, they have paid the
required bond as hereto provided.
In the case of bank appraisers, there shall be a two (2) years moratorium on this
requirement. Provided, That appraisals shall be subject of review appraisal by licensed real estate
appraisers. After the said period, the Board on recommendation of the TSG-REA shall
determine whether to then implement this prohibition on the banks or further the moratorium
period. Provided further, That in no case shall the total moratorium period exceed three (3) years.
SEC. 9. Corporate Practice of Real Estate Appraisal. -
(a) No partnership or corporation shall engage in the business of real estate appraisal
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 appraisers. 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.
Persons, not limited to the following, are persons authorized to act for the partnership
or corporation for the purposes of this IRR:
(1) For Corporations:
(i) President
(ii) Vice-President
(iii) Head of Operations/Appraisal Department
(iv) All appraisers
(2) For Partnerships:
(i) Managing Partner
(ii) Managing Director for Operations/Appraisal Department
(iii) All appraisers
(b) Branch offices of real estate appraisers must be manned by a duly licensed real
estate appraiser.
In case of resignation or termination from employment of a real estate appraiser, the
same shall be reported by the employer to the Board within a period not to exceed fifteen (15)
days from the date of the 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 appraisers to perform real estate appraisal services
and the latter shall be deemed independent contractors and not employees of such
corporations.
SEC. 10. Positions in Government Requiring the Services of Registered and
Licensed Real Estate Appraisers. - 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 appraiser, shall

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be filled only by registered and licensed real estate appraiser.
SEC. 11. Exemptions from the Acts Constituting the Practice of Real Estate
Appraisal. - The provisions of this 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. 12. 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. 13. 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 appraisers 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. 14. Custody and Supervision of Valuation Assistant. -- A real estate
Valuation Assistant shall be under the custody and direct supervision of a Licensed Appraiser.
As such, he/she cannot by himself/herself be a signatory to a real estate appraisal. Only
licensed and registered real estate appraisers are authorized to undertake and, therefore, sign
real estate appraisals.
SEC. 15. Professional Indemnity Insurance/Cash or Surety Bond. - All private
real estate appraisers shall, in addition to the oath referred to in the Section 28, be required to
post a professional indemnity insurance/cash or surety bond, renewable every three (3) years,
in an amount to be determined by 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.
The accredited and integrated professional association of real estate appraisers may
provide members’ guarantee in the same amount which shall be deemed in compliance to this
requirement.

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RULE III
LICENSURE EXAMINATION AND REGISTRATION

SEC. 16. Licensure Examination. - Every applicant seeking to be registered and


licensed as a real estate appraiser shall undergo an examination as provided for in this IRR.
Examinations for the practice of real estate appraisal in the Philippines shall be given by the
Board which shall be assisted by the TSG – REA, discussed in Rule V of this IRR, at least once
every year in such places and dates as the Commission may designate.

SEC. 17. Scope of Examination. - An examination shall be given to the licensure


applicants for real estate appraiser which shall include but not limited to the following:
(a) Fundamentals of real estate principles and practices;
(b) Standards and ethics;
(c) Theories and principles in appraisal;
(d) Human and physical geography;
(e) Methodology of appraisal approaches;
(f) Valuation procedures and research;
(g) Appraisal of machinery and equipment;
(h) Practical appraisal mathematics;
(i) Appraisal report writing;
(j) Real estate finance and economics;
(k) Case studies;
(l) Land management system and real property laws;
(m) And, any other related subjects as may be determined by the Board.
SEC. 18. Qualifications of Applicants for Examinations. - In order to be admitted
to the licensure examination for real estate appraiser, a candidate shall, at the time of filing his
application, establish to the satisfaction of the Board that:
(a) He is a citizen of the Philippines;
(b) He is a holder of a bachelor's degree from a chartered state university or school,
university or institution duly recognized by the Commission on Higher Education; 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; For the purposes of this IRR, the following degrees shall be construed as
relevant baccalaureate degrees:
(1) All Engg. Courses
(2) LLB
(3) Bus. Adm/Commerce
(4) B.S. Math
(5) B.S./B.A. Economics

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(6) ICT Courses
(7) B.S. Architechture
(8) B.S. Statistics
(9) B.S./B.A. Public Administration
The TSG-REA may recommend to the Board other degrees as are deemed, from
time to time, relevant.
(c) He has at least one year experience as real estate appraisal assistant or five (5) years
as a licensed real estate broker.
(d) He has attended and completed an appropriate real estate appraisal seminar or
refresher course given by accredited entities; Provided, That as soon as a course leading to a
Bachelor's degree in Real Estate Appraisal is implemented by the CHED, the Board shall set
this requirement aside for taking the licensure examination for real estate appraisers in favor of
such baccalaureate degree course; Provided further, That holders of masteral and/or doctoral
degrees in Real Estate Appraisal from a chartered state university or school, university or
institution duly recognized by the Commission on Higher Education shall also be construed in
fulfillment of this requirement and that in para. b above; and
(e) He is of good moral character and must not have been convicted of any crime
involving moral turpitude.
All applications for examination shall be filed with the Board, as assisted by the TWG
– REA, which shall assess and approve the said applications and issue to the qualified examinees
the corresponding permit to take such examination.

SEC. 19. Ratings in the Examination. - In order that a candidate may be deemed
to have successfully passed the examination, he 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. 20. 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. 21. Issuance of the Certificate of Registration/Professional License and
Professional Identification Card. - A certificate of registration/professional license shall be
issued to examinees who pass the licensure examination for real estate appraiser subject to
payment of fees prescribed by the Commission. The certificate of registration/professional
license shall bear the signature of the chairperson of the Commission and the chairperson and
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/professional license shall remain in full
force and effect until revoked or suspended in accordance with this IRR.

Draft: 20100405 7
A professional identification card bearing the registration number, date of issuance,
expiry date, duly signed by the chairperson of the Commission, shall likewise be issued to
every registrant upon payment of the required fees. This professional identification card shall
be renewed every three (3) years upon satisfying the requirements of the Board, such as but
not limited to attendance in the Continuing Professional Education (CPE) program.

SEC. 22. Refusal to Register. - The Board shall not register and issue a certificate
of registration/professional license 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 as assisted by
TSG – REA, or has been declared to be of unsound mind. The reason for the refusal shall be
set forth in writing.
SEC. 23. Revocation or Suspension of the Certificate of Registration/
Professional License and Professional Identification Card. - The Board may, after giving
proper notice and hearing the parties concerned, revoke the certificate of registration and the
professional identification card, or cancel the special/temporary permit of a real estate
appraiser, 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 RA 9646, this 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 the period of one's suspension.
SEC. 24. 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. 25. Roster of Real Estate Appraisers. - The Board in coordination with the
integrated professional organization of real estate service practitioners shall prepare, update and
maintain a roster of real estate appraisers which shall contain the names of all registered real

Draft: 20100405 8
estate appraisers, their residence and office addresses, dates of registration or issuance of
certificates, and or data which the Board may deem pertinent.
The roster shall be open to the public, upon request.
SEC. 26. Accreditation and Integration of Real Estate Appraisers. - All real estate
appraisers associations shall be integrated into one (1) national organization, which shall be
recognized by the accredited and integrated professional organization of real estate service
practitioners, subject to the approval of the Commission, as the only accredited and integrated
professional organization of real estate appraisers.
SEC. 27. Issuance of Special or 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 appraisers from foreign countries whose services
are urgently needed in the absence or unavailability of local real estate appraisers for the
purpose of promoting or enhancing the practice of the profession in the Philippines.
SEC. 28. Foreign Reciprocity. - No foreign real estate appraiser 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 implementing rules and regulations unless
the country of which he/she is a citizen specifically allows Filipino real estate appraisers to
practice within its territorial limits on the same basis as citizens of such foreign country.
SEC. 29. Coverage of Temporary/Special Permits. - Foreign nationals who have
gained entry in the Philippines to perform professional services as real estate appraisers in
foreign-funded or assisted projects of the government or employed or engaged by Filipino or
foreign contractors or private firms, shall, before assuming the duties, functions and
responsibilities as real estate appraisers, secure a special/temporary permit from the Board as
assisted by the TSG-REA, subject to the approval of the Commission, to practice his/her
profession in connection with the project to which he/she was commissioned: Provided,
That a foreign national or foreign firm, whose name or company name, with the title real
estate appraisers, appear on real estate appraisals and other related documents shall be
deemed practicing real estate appraisal in the Philippines, whether the contract for
professional services is consummated in the Philippines or in a foreign country. Provided
further, That the following conditions are satisfied as follows:
(a) That he/she is a citizen or subject of a country which specifically permits Filipino
professionals to practice his/her profession within their territorial limits, on the same basis as the
subjects or citizens of such foreign state or country;
(b) That he/she is legally qualified to practice real estate appraisal in his/her own
country, and that his/her expertise is necessary and advantageous to our country particularly
in the aspects of technology transfer and specialization;
(c) That foreign nationals shall be required to work with a Filipino counterpart a nd
shall also be responsible for public utilities and taxes due to the Philippine government,
relative to their participation in, or professional services rendered to the project, in accordance

Draft: 20100405 9
with the established implementing rules and regulations providing for the procedure for the
registration and/or issuance of temporary/special permits to foreign real estate appraisers
allowed by law to practice their profession in the Philippines by the Board and the accredited
integrated professional organization of real estate service practitioners; and
(d) Agencies, organizations or individuals whether public or private, who secure the
services of a foreign professional real estate appraiser authorized by law to practice in the
Philippines for reasons aforementioned, shall be responsible for securing a special permit
from the Professional Regulation Commission (PRC) and the Department of Labor and
Employment (DOLE) pursuant to PRC and DOLE rules.
The following procedures for the registration and/or issuance of temporary /special
permits to foreign real estate appraiser are hereby prescribed:
(1) A visa and work permit by appropriate government agencies shall be required.
(2) Within thirty (30) calendar days after the engagement/appointment date, the
commissioning party shall be responsible to securing the Temporary/Special Permit from the
TSG-REA subject to approval by the Board and PRC. DOLE upon compliance with the
qualifications required and receipt of a copy of the said Temporary/Special Permit - shall issue
the employment permit.
(3) In the absence of a bilateral agreement, the foreign national shall submit
documentary proof or evidence allowing Filipino real estate appraisers to practice the
profession in their home country without any limitation.
(4) Technology transfer and/or specialization must be identified and substantiated
consistent with his expertise.
(5) A Filipino counterpart shall be the appraiser-of-record, with his duties, functions and
responsibilities duly defined in a covering agreement.
(6) Advertisements and billboards for marketing/promotion purposes shall prominently
display the name of the appraiser-of-record. Failure to comply shall be subject to penalties in
accordance with the rules promulgated by PRC.
(7) Upon issuance of the temporary/special permit, the foreign national may become
member of the integrated and accredited professional organization of real estate appraisers
subject to the rules and procedures of the integrated and accredited professional
organization of real estate appraisers membership.
SEC. 30. Liability Insurance of a Person or Entity Allowed to Practice under a
Temporary/Special Permit. - Foreign nationals, including former Filipinos wanting to
engage in the general practice of appraisal as defined in Section 3 (a), (b), and (e)(1) of R.A.
No. 9646 must secure, locally, their professional liability insurance or malpractice insurance or
their acceptable equivalent commensurate with the nature and magnitude of their project
involvement and their compensation the implementing rules and regulations for such a
requirement for practice shall be implemented by the Board in consultation with the integrated
and accredited professional organization of real estate service practitioners, but in no instance

Draft: 20100405 10
that such shall be less than Twenty Thousand Pesos (P20,000.00).
SEC. 31. Oath. - All successful examinees qualified for registration and all qualified
applicants for registration without examination shall be required to take a oath of profession
before any member of the Board or any government official authorized by the Commission to
administer oaths or to entering into the practice of real estate appraisal in the Philippines.

RULE IV
REGISTRATION WITHOUT EXAMINATION

SEC. 32. Appraisers Holding Valid Licenses. – All real estate appraisers whose
licenses are current and effective as of the time RA 9646 took effect shall be deemed as are in
active practice and shall be registered subject only to the presentation of CPE compliance in
accordance with Annex _.
SEC. 33. Appraisers with Expired Licenses. – All real estate appraisers with expired
or inactive licenses as at the time RA 9646 took effect shall be registered after:
(a) Presentation of CPE compliance in accordance with Annex _;
(b) Payment of penalties in accordance with the schedule in Annex _; and
(c) Payment of fees in accordance with the schedule in Annex _;
(d) Presentation, to the satisfaction of the accredited and integrated professional
association of real estate appraisers and TSG-REA, of three (3) personally conducted and
prepared real estate appraisals.
SEC. 34. Appraisers Who Previously Passed the DTI Licensure Examination,
But Have Not Registered as Real Estate Appraisers. –
Upon application and for reasons deemed proper and sufficient, those who previously
passed the DTI real estate appraiser licensure examination within five years from the effectivity
of RA 9646, but failed to register may be may be registered by the Board and issued certificate
of registration and professional identification card without taking the licensure examination
under this IRR after:
(a) Presentation of CPE compliance in accordance with Annex _;
(b) Payment of penalties in accordance with the schedule in Annex _; and
(c) Payment of fees in accordance with the schedule in Annex _;
(d) Presentation, to the satisfaction of the accredited and integrated professional
association of real estate appraisers and TSG-REA, of three (3) personally conducted and
prepared real estate appraisals.
SEC. 35. Appraisers Holding Permanent Appointments and Who Have Passed
the RPAO Examination. - All real estate appraisers holding permanent appointments, be it in
government or private entities/practice, as at the time of the effectivity of RA 9646 and have
passed the Real Property Assessing Officer (RPAO) examination shall be registered after
presentation of the original copies and submission, to the satisfaction of the TSG – REA and
the Board, the following:

Draft: 20100405 11
(a) Certified True Copy of Baccalaureate degree diploma and Transcript of Records
duly authenticated by the School;
(b) Certified True Copy of Appointment;
(c) Certificate of Job Description issued by the Personnel Officer;
(d) Certified True Copy of Service Record;
(e) Certificate of good moral character and no pending administrative case issued by the
Administrative Officer; and
(f) Certified True Copy of Performance Appraisal for the last five (5) years.
(g) Proof of passing the Real Property Assessing Officer (RPAO) examination
conducted and administered by the Civil Service Commission (CSC) in coordination with the
Department of Finance (DOF);
(h) Presentation of CPE compliance in accordance with Annex _;
(i) Payment of fees in accordance with the schedule in Annex _; and
(j) Presentation, to the satisfaction of the accredited and integrated professional
association of real estate appraisers and TSG-REA, of three (3) personally conducted and
prepared real estate appraisals.
SEC. 36. Appraisers Holding Permanent Appointments and Have at least Ten
(10) Years Actual Experience in Real Property Appraisal. - All real estate appraisers
holding permanent appointments, be it in government or private entities/practice, and have at
least ten (10) years actual experience in real property appraisal, as at the time of the effectivity
of RA 9646 shall be registered after presentation of the original copies and submission, to the
satisfaction of the TSG – REA and the Board, of the following:
(a) Certified True Copy of Baccalaureate degree diploma and Transcript of Records
duly authenticated by the School;
(b) Certified True Copy of Appointment;
(c) Certificate of Job Description issued by the Personnel Officer;
(d) Certified True Copy of Service Record;
(e) Certificate of good moral character and no pending administrative case issued by the
Administrative Officer; and
(f) Certified True Copy of Performance Appraisal for the last ten (10) years.
(h) Certificate(s) of completion of 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;
(i) Payment of fees in accordance with the schedule in Annex _; and
(j) Presentation, to the satisfaction of the accredited and integrated professional
association of real estate appraisers and TSG-REA, of three (3) personally conducted and
prepared real estate appraisals.
SEC. 37. Registration Period. Those so exempt under the aforementioned categories
shall file their application within two (2) years from the effectivity of RA 9646: Provided, That

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the renewal of the professional identification card is subject to the provisions of Section 21
hereof.
RULE V
TECHNICAL SUPPORT GROUP - REAL ESTATE APPRAISER
SEC. 38. Creation and Composition of the Technical Support Group - Real
Estate Appraiser. - There is hereby created a Technical Support Group – Real Estate
Appraiser, hereinafter referred to as TSG-REA, to the Board of Real Estate Service
Practitioners, hereinafter referred to as the Board, composed of a chairperson, who shall be the
private practitioner real estate appraiser representative in the Board, and two (2) members who
shall be appointed by the Commission from a list of four (4) nominees submitted by the
accredited and integrated professional organization of real estate service practitioners and the
Board and recommended by the accredited and integrated professional organization of real
estate appraisers which shall be under the supervision and administrative control of the Board.
The first TSG-REA shall be organized within fifteen (15) days from the effectivity of
this IRR.
SEC. 39. Powers and Functions of the Technical Support Group - Real Estate
Appraiser. – The TSG – REA is hereby vested with the following powers and functions:
(a) Recommend to the Board comprehensive policy guidelines for the promotion and
development of the practice of real estate appraisal;

(b) Provide assistance to the Board in its conduct of examinations as pre-requisite to the
practice of the profession and in issuing, adapting and preparing syllabi or terms of
specifications of the subjects for examination by determining and preparing the questions
which shall strictly be within the scope of the syllabus or terms of specifications of the subject
for examination;
(c) Provide assistance to the Board in its issuance, suspension, revocation or
reinstatement, after due notice and hearing, certificates of registration/professional license or
professional identification cards for the practice of real estate appraisal;

(d) Maintain for the Board a comprehensive and updated register of licensed real estate
service professionals;

(e) Monitor the conditions affecting the practice of real estate appraisal and recommend
to the Board such measures as may be proper for the enhancement of the profession and/or
the maintenance of high professional, ethical and technical standards;
(f) Provide assistance to the Board in its prescription and/or adoption of a code of
ethics and responsibilities for the practice of real estate appraisal;
(g) Provide assistance to the Board in hearing or investigating any violation of RA 9646,
this implementing rules and regulations, and the code of ethics for real estate appraisers;
(h) Monitor all forms of advertisements, announcements, signboards, billboards,

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pamphlets, brochures and others of similar nature concerning real estate appraisal and provide
the Board every possible recommendation to safeguard and protect legitimate and licensed real
estate appraisers;
(i) Provide assistance to the Board in prescribing, 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 appraisal,
and in seeing to it that these requirements, including the employment of qualified faculty
members, are properly complied with;
(j) Provide assistance to the Board in its promulgation, administration and enforcement
of rules and regulations necessary for carrying out the provisions of this IRR;
(k) Provide assistance to the Board in its supervision and regulation of the registration,
licensure and practice of real estate appraisal in the Philippines;
(l) Provide assistance to the Board in the assessment and fixing of the rate of
reasonable regulatory fees;
(m) Administer oaths in affirmations;
(n) Recommend to the Board and the CPE Council guidelines and criteria for the
Continuing Professional Education (CPE) program for real estate appraisers after consultation
with the accredited and integrated professional organization of real estate appraisers, and
recommend policies necessary for upgrading, enhancement, development and growth of real
estate appraisal education in the Philippines;
(o) Monitor the activities of the accredited and integrated professional organization and
other associations of real estate appraisal practitioners;
(p) Draw up recommendations to government agencies or departments concerned for
the purpose of rationalizing and coordinating real estate appraisal; and
(q) Discharge such other powers, duties and functions as the Board and the Commission
may deem necessary to carry out the provisions of this IRR.
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 if on appeal.

SEC. 40. Qualification of the Chairperson and Members of the Technical Support
Group - Real Estate Appraiser. - The chairperson and members of the TSG - REA shall, at
the time of their appointment, possess the following qualifications:
(a) Must be a citizen and resident of the Philippines;
(b) Must be a holder of at least a bachelor's degree, but preferably with the highest level
of relevant education;
(c) Must be an active licensed practitioner of real estate appraisal for at least two (2)

Draft: 20100405 14
consecutive years prior to his/her appointment;
(d) Must be a bona fide member of the accredited and integrated professional organization
of real estate service professionals and accredited and integrated professional organization of
real estate appraisers but not an officer at the time of his/her appointment;
(e) Must neither be a member of the faculty of an institute, school or college of real
estate appraisal nor have any pecuniary interest, direct or indirect, in any institution or
association where review classes or lectures in preparation for the licensure examinations are
being offered or conducted; and
(f) Must be 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. 41. Term of Office. - The members of the TSG-REA shall hold office for a
term of two (2) years from the date of their appointment and until their successors shall have
been appointed and duly qualified: Provided, That members of the first appointed TSG-REA
shall hold office for the following terms: one (1) member for two (2) years, and another one
(1) member for one (1) year.

The members of the TSG-REA may be reappointed but in no case shall he/she serve
continuously for more than six (6) years. Any vacancy in the TSG-REA shall be filled for the
unexpired portion of the term only.

Each member of the TSG shall take the proper oath of office prior to assumption of
duty.
SEC. 42. Compensation and Allowances of the Chairperson and Members of the
Technical Support Group - Real Estate Appraiser. - The members of the TSG-REA shall
receive compensation equivalent to, at least, one (1) salary grade lower than the salary
grade of the members of the Board: Provided, That the Chairperson, who shall be a member of
the Board, shall only receive a monthly compensation as a member of the Board, and:
Provided, further, That they shall be entitled to other allowances and benefits provided under
existing laws. Funding for the compensation and allowances of the chairperson and members
of the Technical Support Group - Real Estate Appraiser (TSG-REA) shall be incorporated in
the annual appropriations for the Board.
SEC. 43. Removal of the Chairperson and Members of the TSG - REA - The
chairperson or any member of the TSG-REA may be suspended or removed by the
Commission upon the recommendation of the Board 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 by the court after having been given the opportunity to defend himself/herself in a
proper administrative investigation.

SEC. 44. Supervision of the TSG - REA, Custodian of Its Records, Secretariat

Draft: 20100405 15
and Support Services. - The TSG - REA shall be under the general supervision and
administrative control of the Board and the Commission. All records of the TSG-REA,
including applications for examination, examination papers and results, minutes of deliberations,
administrative and other investigated cases involving real estate appraisers, shall be kept by the
Commission. The Commission shall designate the secretary of the TSG and shall provide the
secretariat and other support services to implement the provisions of this IRR subject to the
usual government accounting and auditing rules and regulations.
SEC. 45. Annual Report. - The TSG - REA shall, at the close of each calendar year,
submit an annual report to the Board for its consolidated reporting 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 appraisal in the Philippines.

RULE VI
FINAL PROVISIONS

SEC. 46. Separability Clause. - If any clause, sentence, paragraph or part of this IRR
shall be declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair
any other part of this IRR.
SEC. 47. Repealing Clause.- All implementing rules, memorandum orders, and other
administrative issuances and parts thereof which are inconsistent with the provisions of this
implementing rules and regulations are hereby modified, superseded or repealed accordingly.
SEC. 48. Effectivity. - This implementing rules and regulations shall take effect upon
publication.
Approved,

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