Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

1197
HOUSE BILL NO,

MARLYN L.

Introduced by R
EXPLANATORY NOTE

This bill seeks to provide for the summary titling of real properties
used as sites for public schools in our educational system.

The State shall protect and promote the right of all citizens to quality
education at all levels and shall take appropriate steps to make such
education accessible to all (Section 1, Article XIV of the 1987 Constitution).

One of the major problems that beset access to quality education is
the lack of buildable sites for our school buildings. A good number of
school sites are unregistered and are subject to litigation, frequent transfer
of locations, and revocation of land donation by the owners and their
surviving heirs. Many school sites are also being used without legal
documentation of transfer of ownership to the Department of Education
(DepEd). For as long as the school sites remain unregistered in the name
of the DepEd, the cloud of uncertainty will remain unresolved. When the
question of ownership is litigated, no buildable sites for school buildings
will be recognized by the DepEd, hence, no improvement of school facilities
can be made.

Accordingly, there is a need to institutionalize the summary titling of
lands to ascertain DepEd’s ownership of school real properties and to
secure future public school’s development all over the country.

Hence, this earnest request for the immediate passage of this bill.

Ube /
wall ICIAS-AGABAS


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

1197
HOUSE BILL NO.

AN ACT PROVIDING FOR THE SUMMARY TITLING OF REAL
PROPERTIES USED AS SITES FOR PUBLIC SCHOOLS NATIONWIDE,
AND FOR OTHER PUPOSES

Be it enacted by the Senate and House of Representatives of the Philippines

in Congress assembled:

SECTION 1. Purpose of this Act. - It is hereby declared the policy of the
State to provide all lands being utilized as public school sites (“school sites”)
by the Department of Education (Department) with titles under the
“Republic of the Philippines represented by the Department of Education”
to enable it to have legal ownership over these schools sites. Towards this
end, however, the State shall ensure the prompt payment of just
compensation for the acquisition of real property utilized as school sites and
not be taken for public use without just compensation,

SECTION 2. Qualified School Sites. ~ This Act shall cover all sites of
public schools under the Department which have been utilized as such for
at least five (5) years preceding the effectivity of this Act, which are
composed of the following:

a) Lands of the Public Domain; and

b) Those that are owned, whether registered or otherwise, by persons or
entities other than the Department.

SECTION 3. Prima facie Ownership by the Department of Unregistered
Land. - The Department shall be prima facie owner of all unregistered
qualified school sites

SECTION 4. SUMMARY Titling of Qualified School Sites on
Unregistered Lots. - All actions for the original registration of qualified


school sites under this Act shall be filed with the Regional Trial Court where
the property is situated, and shall be summary in nature. The Department
need only to establish that the school site is untitled and that it has been
used as such for at least five (5) years, Provided, the notice requirements
provided for in Section 23, Presidential Decree (P.D.) No. 1529 must be
observed.

SECTION 5. Transfer of Qualified School Sites Owned by the National
Government. - All Qualified School Sites established on registered property
owned by the National Government and the agencies and instrumentalities
thereof shall be immediately transferred to and titled in favor the
Department.

SECTION 6. Modes of Acquiring Qualified School Sites on Privately-
Owned Lots and Lots Owned by Local Government Units. - The
Department of Education may acquire Qualified School Sites on Privately-
Owned Lots and Lots Owned by Local Government Units through donation,
negotiated sale, expropriation or any modes of acquisition as provided by
law.

SECTION 7. Unaccepted Donations. - All unaccepted donation of property
presently used as school sites shall be deemed perfected by implied
acceptance from the time when the property was actually utilized as a
public school site.

SECTION 8. Guidelines for Negotiated Sale. - Should the implementing
agency and the owner of the property agree on a negotiated sale for the
acquisition of the right-of-way, site or location for any national government
infrastructure project, the standards prescribed under Section 10 of
Republic Act (R.A.) No. 8974 hereof shall be used to determine the fair
market value of the property, subject to review and approval by the head of
the agency or department concerned.

SECTION 9. Summary Expropriation of Qualified School Sites. —
Qualified School Sites on Privately-Owned Lots and Lots Owned by Local
Government Units may be acquired by the Department through
expropriation subject to the guidelines provided under Section 4 of R.A. No.
8974. Provided, that the right of the Department to expropriate qualified
schools sites, and that the taking is for public use and public purpose shall
be presumed prima facie. Unless said presumption is overturned by a
showing that the school site is not qualified under Section 2 hereof, the


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expropriation proceedings shall be limited to the determination of just
compensation.

In the event that the owner of the property contests the Departments
proffered value, the court shall determine the just compensation to be paid
the owner within sixty (60) days from the date of filing of the expropriation
case. When the decision of the court becomes final and executory, the
Department shall pay the owner the difference between the amount already
paid and just compensation as determined by the court.

SECTION 10. Order of Registration Immediately Executory. - All
judgments ordering the registration of a qualified school site shall be final
and executory, and not subject to appeal except in a Petition for Certiorari
under Rule 65 to the Supreme Court. The Register of Deeds, upon receipt
of such order, shall forthwith issue the corresponding certificate of title in
favor of the Department.

SECTION 11. School Sites under Contract of Usufruct. ~ In order to
protect the rights and interests of the Department in its use and enjoyment
of a school site under a Contract of Usufruct, the same shall be annotated
in the Certificate of Title of such real property. All reasonable efforts should
be exerted for the subsequent donation of these properties in favor of the
Department. Provided, that when a school site under usufruct becomes a
qualified school site, the same may be acquired by expropriation as provided
herein.

SECTION 12. Titling and Registration of School Sites based on Tax
Declarations registered to the Department. - Real properties with Tax
Declarations registered in the name of the Department which are being used
as school sites shall be processed through the Department of Environment
and Natural Resources (DENR) for titling through the issuance of Special
Patents and Presidential Proclamations

SECTION 13. Expeditious Registration of Land Titles for School Sites.
~The Registry of Deeds, Bureau of Internal Revenue and Local Government
Units concerned shall forthwith process the registration and titling of the
properties as provided herein in favor of the Department in the most
efficient and expeditious manner.

SECTION 14. Exemption from Payment of Fees and Taxes for the
Registration of Land Titles for School Sites. - The Department shall be


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exempt from payment of all related costs, fees and taxes to the National
Government Agencies, including the Bureau of Internal Revenue (BIR), Land
Registration Authority (LRA) Registry of Deeds, (RD), DENR-Land
Management Bureau and Local Government Units, and other government
involved in the registration and titling of school sites as provided herein.
Provided, further, that the Department shall enjoy all the rights, exemptions
and privileges, as may be authorized by law, in all its official transactions
with National Government Agencies and Local Government Units involving
titling and registration of its current school sites

SECTION 15. Ecological and Environmental Concerns. - In cases
involving the acquisition of private real property used as public school site,
the Department shall take into account and consider environmental laws,
land use ordinances and all pertinent provisions of Republic Act No. 7160,
as amended, otherwise known as the Local Government Code of 1991

SECTION 16. Appropriations. - Funds necessary for the implementation
of this Act shall be included in the annual appropriations for the
Department of Education under the General Appropriations Act

SECTION 17. Implementing Rules and Regulations. - The Department
of Justice (DOJ), the Department of Education (DepEd), the Commission on
Higher Education (CHED) Technical Education and Skills Development
Authority (TESDA), Department of Environment and Natural Resources
(DENR), Department of Finance (DOF) and the Department of Interior and
Local Government (DILG) shall jointly promulgate the implementing rules
and regulations within sixty (60) days from the effectivity of this Act.

SECTION 18. Separability Clause. - if any part or provision of this Act is
held unconstitutional or invalid, the other parts or provisions hereof which
are not affected thereby, shall continue to be in full force and effect.

SECTION 19. Repealing Clause. - All laws, decrees, rules and regulations
or other issuance or parts thereof inconsistent with the provisions of this
Act are hereby repealed, amended or modified accordingly.

SECTION 20. Effectivity. - This Act shall take effect fifteen (15) days
following its publication in at least two (2) newspapers of general
circulation.

Approved,