April 14, 2015

HLURB MEMORANDUM CIRCULAR NO. 002-A-15

Pursuant to Section 14 of the

RULE I

Amendments to Memorandum Circular No. 02, Series of 2015

SECTION 1. Exemption of Single Proprietorship from Registration.

1.1 Section 4.14 of

"Person" refers to a natural or juridical person. A juridical person refers to any business firm such as a corporation, partnership, cooperative or association, or a single proprietorship."

is hereby amended to read:

"Person" refers to a natural or juridical person. A juridical person refers to any business firm such as a corporation, partnership, cooperative or association."

1.2 Section 7 of

"Registration of Business Firms. Any business firm, whether a corporation, partnership, cooperative or association, or single proprietorship, shall first register with the HLURB in accordance with the rules and guidelines herein provided before it can engage in the practice of real estate service with any project."

is hereby amended to read:

"Registration of Business Firms. Any business firm, whether a corporation, partnership, cooperative or association shall first register with the HLURB in accordance with the rules and guidelines herein provided before it can engage in the practice of real estate service with any project."

Pursuant hereto, a single proprietorship is not anymore required to register with the HLURB, provided however that the owner of such single proprietorship who is engaged in the practice of real estate service with respect to any project shall first register with the HLURB.

SECTION 2. Place of Registration.

2.1 Section 10 of

"Application for Registration. All dealers, licensed brokers and accredited salespersons who shall engage in the practice of real estate service with any project shall register with the Regional Field Office which has jurisdiction over the region where the applicant resides or where his office is located by submitting the following: DAHCaI

xxx xxx xxx"

is hereby amended to read:

"Application for Registration. All dealers, licensed brokers and accredited salespersons who shall engage in the practice of real estate service with any project shall register with any Regional Field Office of the HLURB by submitting the following:

xxx xxx xxx"

2.2 Section 12 of

"Application for Registration of Business Firms. All business firms, whether a corporation, partnership, cooperative or association, or single proprietorship, that shall engage in the practice of real estate service with any project shall register with the Regional Field Office which has jurisdiction over the region where the applicant's principal office is located by submitting the following:

xxx xxx xxx"

is hereby amended to read:

"Application for Registration of Business Firms. All business firms, whether a corporation, partnership, cooperative or association that shall engage in the practice of real estate service with any project shall register with any Regional Field Office by submitting the following:

xxx xxx xxx"

Pursuant hereto, dealers, brokers, salespersons and business firms may apply for registration with any RFO of the HLURB.

SECTION 3. Submission of the PRC/PRBRES-Issued Official Receipt or Claim Stub.

3.1 Section 10.2

"Photocopies of the PRC-issued Certificate of Registration and valid PRC-Issued Accreditation Card showing both front and back faces, with the originals thereof for comparison as faithful reproduction, or any other sufficient proof of such licensure;"

is hereby amended to read:

"Photocopies of the PRC-issued Certificate of Registration and the valid PRC-Issued Accreditation Card showing both front and back faces, with the originals thereof for comparison as faithful reproduction, or in the absence thereof, any other proof of registration or licensure, or of having applied for registration or licensure such as the PRC/PRBRFS-issued Official Receipt or PRC/PRBRES-issued claim stub;"

3.2 Section 10.3 of

"Photocopies of the PRC-issued Certificate of Registration and of valid PRC-Issued Accreditation Card showing both front and back faces, with the originals thereof for comparison as faithful reproduction, or any other sufficient proof of such accreditation;"

is hereby amended to read:

"Photocopies of the PRC-issued Certificate of Registration and the valid PRC-Issued Accreditation Card showing both front and back faces, with the originals thereof for comparison as faithful reproduction, or in the absence thereof, any other proof of registration or accreditation, or of having applied for registration or accreditation such as the PRC/PRBRES-issued Official Receipt or PRC/PRBRES-issued claim stub;"

Pursuant hereto, all Regional Field Offices (RFO) shall henceforth accept application for registration of brokers and salespersons upon submission of any of the enumerated documentary requirements under Sections 10.2.3 and 10.3.3, as amended, along with the rest of the requirements respectively provided under Sections 10.2 and 10.3 of

SECTION 4. Submission of the Official Receipt Issued by the Surety Company. Sections 10.1.4, 10.2.4 and 10.3.4 which provide for the submission of the bond or security for the registration of dealers, brokers and salespersons and which similarly read:

"Photocopy of the bond or security, with the original thereof for comparison as faithful production;" SDEHCc

is hereby amended to read:

"Photocopies of the bond or security and of the official receipt issued by the surety company, with the originals thereof for comparison as faithful reproduction;"

SECTION 5. Submission of the HLURB-Issued Official Receipt Evidencing Payment of Registration Fee. Sections 10.1.5, 10.2.5, and 10.3.6 of

"Photocopies of the official receipt evidencing payment of the registration fee."

are all hereby similarly amended to read:

"Photocopies of the HLURB-issued official receipt evidencing payment of the registration fee."

SECTION 6. Revised Letter of Engagement or Employment. Disclosure of the projects with which the applying salesman is authorized to practice real estate service shall not anymore be required. Pursuant hereto, Annex "D" of pro-forma copy of the "Salesman's Letter of Engagement/Employment" is hereby amended. A pro-forma copy of the "Revised Salesman's Letter of Engagement/Employment" is hereto attached as Annex "A".

RULE II

Supplemental Guidelines

SECTION 7. Surety Bond. The surety bond shall be executed in favor of the HLURB as the Obligee therein. The dealer, broker, salesman, or business firm applying for registration as the Principal, and the bonding company, as the Surety, shall jointly and severally hold and bind themselves to indemnify the Obligee in the event of failure on the part of the principal to fully and faithfully comply with the terms and conditions of the registration. A pro-forma copy of the surety bond is hereto attached as Annex "B".

SECTION 8. Cash Bond. Cash bond shall be accepted as a security in lieu of surety bond and the same shall remain effective and deemed reposted every subsequent renewal of the registration unless otherwise revoked or forfeited in accordance with

Any applicant posting a cash bond shall execute and submit an undertaking under oath, stating that the cash bond posted is conditioned upon the applicant's faithful compliance with the provisions of Section 12 of Pro-forma copies of the Deed of Undertaking for dealers, brokers, salespersons and business firms are hereto attached as Annexes "C" and "D".

SECTION 9. Withdrawal of Cash Bond. Cash bond may only be withdrawn upon written request of the registrant and posting of a new bond or acceptable security in substitution of the cash bond or upon submission of intent that the applicant shall no longer renew the registration and shall cease to engage in the practice of real estate service. In any case, withdrawal of cash bond shall be subject to such applicable government requirements and approved procedure for release of cash bond. A pro-forma copy of the Request for Withdrawal of Cash Bond is hereto attached as Annex "E".

SECTION 10. Renewal of Registration. All registered dealers, brokers, salesmen and business firms timely renewing their registration during the month of November shall only be required to submit the following:

10.1 Application for Renewal of Registration;

10.2 Photocopy of the applicant's latest HLURB-issued certificate of registration or HLURB-issued official receipt evidencing payment of last registration fee;

10.3 The HLURB-issued identification card for updating;

10.4 "Photocopies of the bond or security and of the official receipt issued by the surety company, with the originals thereof for comparison as faithful reproduction, or the official receipt for the cash bond deposited and the undertaking under oath;"

10.5 Photocopy of the HLURB-issued Official Receipt evidencing payment of the renewal of registration fee.

All applications for renewal of registration shall be filed with the RFO where the original registration was filed.

SECTION 11. Submission of Specimen Signatures. For purposes of issuance or replacement of the identification card, all dealers, brokers and salespersons shall, in addition to the two (2) copies of 2 x 2 color photo, submit on a clean sheet of paper, three (3) specimen signatures subscribed 1.5 inches apart, with the full name of the dealer, broker or salesperson printed once and in upper case at the bottom of the page.

SECTION 12. Uniform Numbering of Certificate of Registration. A uniform numbering of the certificate of registration shall be observed by all RFOs issuing the same, following the format herein provided:

RFO-A, B, C or D-MM/YR-PRN

where "RFO" stands for the HLURB Regional Field Office issuing the certificate of registration; "A" for salespersons, "B" for brokers, "C" for "business firm" such corporation, partnership, association or cooperative, or "D" for dealers, whichever is applicable; "MM/YR" for the month and year of issuance of the certificate of registration; and "PRN" for the permanent registration number of the dealer, broker, salesperson or business fine. For example: aSHAIC

NCRFO-A-04/15-001

where "NCRFO" stands for "National Capital Region Field Office", "A" for salespersons, "04/15" for April, 2015, and "001" the permanent registration number assigned to the registered salesperson.

SECTION 13. Separability Clause. The provisions of this Guidelines are hereby declared separable, and in the event that any provision herein is declared null and void, the validity all other provisions shall not be affected thereby.

SECTION 14. Effectivity Clause. This Guidelines shall take effect immediately.

For strict compliance and implementation.

(SGD.) ANTONIO M. BERNARDO
Commissioner and Chief Executive Officer
Housing and Land Use Regulatory Board

ANNEX A

Revised Salesperson's Letter of Engagement/Employment
Pursuant to Sections 11 and 12 of
as implemented by

The Regional Officer
___________ Regional Field Office
Housing and Land Use Regulatory Board
RFO Address

This is to certify that _______________________________ Name of Applicant Salesperson has been _________________ Engaged/Employed and is authorized by ______________________________ Name of HLURB Registered Dealer/Broker to engage in the practice of real estate service as a salesperson.

Issued this ______ day of ______________, 20___ in _____________, __________.

____________________________
Printed Name and Signature

____________________________
Designation

____________________________
Name of Office, Business Address

ANNEX B

Surety Bond
(Pro-Forma)

Know All Men by These Presents:

That we, _______________________________ Name of Dealer, Broker, Salesman or Business Firm with residence/principal office address at ____________________________ as the Principal, and ______________________ Name of Surety Company, a corporation duly-organized under the laws of the Philippines as the Surety, are held and firmly bound unto the ___________________________ Housing and Land Use Regulatory Board, as the Obligee, in the sum of __________________________ (P____), Philippine Currency, for the payment of which well and truly be made, we bind ourselves our heirs, successors and assigns jointly and severally by these presents under foregoing conditions:

The Principal is applying for registration with the Obligee as a _____________________________ Dealer/Broker, Salesman/Business Firm engaged in the practice of real estate service with projects required by law to be registered with the Obligee;

This surety bond is being posted pursuant to Sections 11 and 12 of

The liability of the Surety Company upon determination under this bond shall in no case exceed the sum of ________________________ (P____), Philippine Currency.

NOW THEREFORE, if the PRINCIPAL shall in all respect duly and fully observe and perform each and every condition, covenant, and agreement set forth and included in the terms and conditions of the registration with the Obligee to the true intent and meaning thereof, the obligation of the Surety shall be null and void; Otherwise, the obligation of the Surety shall remain in full force and effect. CAcEaS

IN WITNESS WHEREOF, we have set our hands and affixed our signatures this ____ day of _____________, 20__ in _______________, ______________.

___________________ _________________
Principal Surety

Signed in the Presence of:

___________________ _________________

NOTARIZATION

ANNEX C

Deed of Undertaking
Pursuant to Sections 11 and 12 of
as implemented by

I, ________________________, Filipino, of legal age, with residence at ___________________________________________________, after being sworn in accordance with the law, hereby state:

1. That I am applying for registration as a _________________________ Dealer/Broker/Salesperson with the Housing and Land Use Regulatory Board (HLURB), pursuant to

2. In compliance with the registration requirement of posting a bond or acceptable security, I hereby agree to deposit as cash bond or security the sum of ___________________________ (P_____), conditioned upon my faithful compliance with Section 12 of

3. I hereby understand and agree that the foregoing cash deposit or bond may be forfeited in favor of the HLURB in case the undersigned fails to comply with the terms and conditions of my registration as provided under

IN WITNESS WHEREOF, I hereunto affix my signature this ______ day of ___________, __________ in ___________________.

________________________
(Name of Applicant)

NOTARIZATION

ANNEX D

Deed of Undertaking
Pursuant to Sections 11 and 12 of
as implemented by

I, ______________________, Filipino, of legal age, with residence at _____________________________________, after being sworn in accordance with the law, hereby state:

1. That I am the __________________________________ (Position/Designation) of ____________________________________ (Name of Business Firm), a ____________________________________ (corporation/partnership/association/cooperative) duly organized under the laws of the Philippines, with principal office address at _______________________________;

2. That I am duly authorized to execute the foregoing Deed of Undertaking and to bind ________________________ (Name of Business Firm) with the terms and conditions of the foregoing undertaking;

3. That _____________________________ (Name of Business Firm) is applying for registration as a business firm engaged in the practice of real estate service with projects required by law to be registered with the HLURB, pursuant to

4. That in compliance with the registration requirement of posting a bond or acceptable security, ________________________ (Name of Business Firm) hereby agrees and undertakes to deposit as cash bond or security the sum of TWENTY THOUSAND PESOS (P20,000), conditioned upon its faithful compliance with Section 12 of

5. That it is understood that the foregoing cash deposit or bond may be forfeited in favor of the HLURB in case ______________________ (Name of Business Firm) fails to comply with the terms and conditions of its registration as provided under

IN WITNESS WHEREOF, I hereunto affix my signature this _______ day of ________________, __________ in _____________________.

________________________
Name of Authorized Officer

________________________
(Position/Designation)

NOTARIZATION

ANNEX E

Letter of Withdrawal of Cash Bond
Pursuant to Sections 11 and 12 of
as implemented by

The Regional Officer
______________ Regional Field Office
Housing and Land Use Regulatory Board
RFO Address

This is to request withdrawal of the cash bond posted by the undersigned/name of registered business firm) under ________________________ Official Receipt No./Date of Issue in the amount of _________________________ (P______). The withdrawal of the cash bond is being requested by reason of: HTaSEA

Substitution thereof with the attached surety bond or other acceptable security; or

Cessation from practice of real estate service.

_______________________________________
Printed Name and Signature of Registrant
or Authorized Representative of the Business Firm

_______________
Designation

_____________________________
_____________________________
Name and Address of Business Firm

_____________________________
HLURB Registration Number