PhilRES by-Laws on Art 15 Local Chapter

1 | Excerpt prepared by Broker Rem Ramirez, PhilRES National Vice President for Chapter Dev’t and Chapter Affairs (09228839308/[email protected])

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 Dev’t 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;

2. To be the extension of the national organization in the Chapter's territory or jurisdiction and to police

the members within their respective jurisdiction.

3. 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.

Section 95. Chapter Organization

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 By-

Laws 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.

c. 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

d. All Chapters shall be under the general supervision of their respective Regional Vice-Presidents as

provided in these By-Laws.


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 Chapter’s 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 Chapter’s 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.


4. Chapter in Good Standing

a. To be in good standing for the current calendar year a Local Chapter

i. must have the minimum number of fifteen (15) members in good standing; and

ii. 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

ii. participate in various national awards, such as Most Outstanding Local Chapters, etc.

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. Chapter President,

b. Chapter Executive Vice President,

c. Chapter Secretary,

d. Chapter Treasurer,

e. Chapter Auditor,

f. Chapter Vice President for Consultants,

g. Chapter Vice President for Appraiser,

h. Chapter Vice Presidents for Brokers,

i. Chapter Vice President for Government Appraiser,

j. 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.


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. Be the Chief Executive Officer of his Local Chapter;

b.2. Preside at all Meetings and at the Annual General Membership Meeting and Elections;

b.3. 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;

b.4. Countersign all checks for disbursements of funds of his Local Chapter;

b.5. Submit an annual report to the members;


b.6. Serves as the Chief Executive Officer of the Chapter and as such shall exercise general

supervision over the affairs thereof;

b.7. 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;

b.8. Presides over all the meetings of the Chapter Board of Trustees and the General Membership of

the Chapter;

b.9. Organizes the Chapter committees;

b.10. Supervises all its committee works, and social and business affairs;

b.11. Signs contracts, directives and legal instruments which have been approved by the Chapter

Board of Trustees; and

b.12. 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. assist the Local Chapter President of PhilRES in all matters;

c.2. take-over the duties and responsibilities in the temporary absence of the Local Chapter

President;

c.3. 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;

c.2. Issues all notices, circulars, records and supervise the proper recording of minutes of all Chapter

meetings;


c.3. Takes charge and custody of all the legal correspondences of the Chapter;

c.4. Prepares and submits a quarterly accomplishment report to the respective Regional Vice

President;

c.5. Safekeeping of all records for proper turnover to the next secretary; and

c.6. 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. Takes charge of the over-all supervision of the financial affairs of the Chapter;

d.2. 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.


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

e.2 Serves as a regular member of the Chapter Board of Trustees with voting rights.

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. Committee on Internal Affairs

b. Committee on Professional Practice

c. Committee on Governmental and External Affairs

d. Committee on Education

e. Committee on Professional Development

f. Committee on Continuing Professional Education

g. Committee on Multi Listing or Property Listing

h. 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.


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 CPA Chairperson;

b.2 CPA Vice Chair;

b.3 CPA Secretary;

b.4 CPA Treasurer.

2. 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.


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;

1.b 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.

1.c Regular Members of Local Chapters are the classified as:

1.c.1. Founding Members

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.

PhilRES by-Laws on Art 15 Local Chapter

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Transcript of PhilRES by-Laws on Art 15 Local Chapter