29/02/2024
Clearing up.
LANDMARK CASE FILED AGAINST UNLICENSED INDIVIDUALS FOR REAL ESTATE BROKERAGE VIOLATIONS
Mauban, Quezon Province – In a groundbreaking legal action, the Department of Justice, Notional Prosecution Service, and the Office of the Provincial Prosecutor have initiated one of the first, if not the very first, cases against individuals illegally posing as licensed real estate brokers. The case has been filed against Emmanuel Tolentino, Victoria Duena, and Olive Caparros in Mauban, Quezon, for alleged violations of the Real Estate Service Act (R.A. 9646) and Other Deceits as defined under Article 318 (1) of the Revised Penal Code.
The case, docketed as NPS DOCKET NO. IV-09d-INV-234-00014, stems from a series of alleged offenses that transpired between August and September of 2023. Edmundo C. Aceron, a licensed real estate broker and past National President of Philippine Association of Real Estate Boards (PAREB) filed the complaints against the respondents, accusing them of misrepresentation and deceitful practices in the real estate industry.
According to the complainant, Edmundo C. Aceron, the broker representing the Buyer had verbal agreements with Tolentino, Duena, and Caparros, in which they were supposed to act as agents to connect sellers of properties with Aceron's clients through his company, Aceland Property Valuers, Inc. The respondents were supposed to earn a referral fee while Aceron would be entitled to his broker's commission. Numerous meetings took place to discuss potential sellers in Mauban, Quezon, as evidenced by attached photographs.
However, Aceron later discovered that the respondents had negotiated with property owners and had completed the transaction up to the closing and the collection of the referral fee and broker’s commission without his knowledge, violating their agreement. Worse still, despite the sellers being fully compensated, Aceron's broker's fee of Php 553,771.415 (half of Php 1,107,542.83) remained unpaid and demands to pay the same fell on deaf ears.
Aceron confronted the respondents about their failure to pay, and they assured him that the fees would be settled once checks issued to sellers were cleared. Despite these assurances, the respondents failed to deliver Aceron's commission. In response to these alleged wrongdoings, Aceron reported the incident to the PNP Mauban Police Station in November 2022.
The complainant contends that the respondents misrepresented themselves as licensed brokers when they were not, potentially violating Section 29 of R.A. 9646. Furthermore, due to their failure to deliver Aceron's broker's fee despite repeated demands, the respondents are also accused of Other Deceits as defined in Article 318 (1) of the Revised Penal Code.
In their joint counter-affidavit, the respondents denied violating R.A. 9646 and claimed that they had no previous dealings with Aceron. They asserted that their transactions related to assisting another registered broker, Theodore Tardecilla, in dealing with property sellers.
Following a thorough evaluation of the evidence and facts, the Provincial Prosecutor's Office concluded that probable cause exists to charge the respondents with violations of Section 29 of R.A. 9646 and Other Deceits under Article 318 of the Revised Penal Code.
As this case unfolds, it marks a significant step in enforcing real estate regulations and protecting the rights of licensed professionals in the industry. Preliminary investigations have shown promising grounds for prosecution, and the respondents will face legal proceedings to determine their guilt or innocence.
