Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILLNO. 5 1 2

Introduced by Representative Jaime R. Fresnedi

EXPLANATORY NOTE

This bill seeks to rectify the situation where a public school site is not titled in favor of
the Department of Education (DepEd). There are 17,742 such sites, even as they are already
occupied by DepEd and their occupancy is supported by documents such as deeds of sale, deeds
of donation, and even presidential proclamations. As an example. 90% of school sites in the
Bangsamoro Autonomous Region in Muslim Mindanao (BARMM), are not titled in favor of
DepEd.

This situation requires immediate action. So long as these sites are in legal limbo,
government and private sector efforts to build more classrooms and facilities will be inhibited.
In some instances, lands donated for educational purposes become subject to court proceedings
by the heirs of the donor, affecting the delivery of educational services to children in that
community.

Bureaucracy, the lack of proper documentation, changing policies in local government
units and national government agencies that have donated land all contribute to the situation.
This bill will give priority to the acquisition and titling of school sites to ensure the smooth
operation, maintenance and development of school sites.

The Philippine educational system needs a lot of reforms, reforms which require the
immediate and unequivocal support of the government. It needs curriculum reform, more
classrooms, and more teachers, among others. However, all these reforms will be for naught if
students will not have a place conducive to their education due to the lack of titles to assert
DepEd ownership over public school sites.

In view of the foregoing, the immediate passage of this bill is earnestly sought.

JAD ‘SNEDI
Representative
Lone District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO._512

Introduced by Rep. Jaime R. Fresnedi

AN ACT
REINFORCING, PROTECTING, AND MANAGING THE DEPARTMENT OF
EDUCATION’S OWNERSHIP OF LOTS OCCUPIED BY PUBLIC SCHOOLS,
PROVIDING FOR THE SUMMARY TITLING OF ALL REAL PROPERTIES USED
AS PUBLIC SCHOOL SITES, AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This Act shall be referred to as the "Public School Lands Act”.

SEC. 2. Declaration of Policy. — It is the policy of the State to ensure an environment
conducive to the education of the youth in order to prepare them to be responsible and active
contributors to the progress of Philippine society, including measures to protect and enhance
the physical infrastructure that serve learners all over the country.

‘Towards this end, the State shall register all lands being utilized as public school sites by
the Department of Education (DepEd) as owned by the Republic of the Philippines, and provide
each school site with titles under the name “Republic of the Philippines represented by the
Department of Education.”

SEC. 3. Definition of Terms. - For purposes of this Act, the following terms shall be
defined as follows:

a) Public school site is defined as sites occupied by DepEd as a public school site or a
school site that caters to the needs and requirements of DepEd which are necessary or
vital to the performance of its mandate or functions under the Revised Administrative
Code of 1987, including but not limited to areas where there are DepEd Division
Offices, DepEd offices, DepEd training facilities, teacher's camp, hotels, inns, hostels,


or commercial spaces where the income derived therefrom are used for the school’s
benefit, or the like;

b)

Qualified school site is defined as land not occupied by DepEd at the time of the filing
of the case for summary titling but had been occupied as a public school site for at least
five (5) years preceding the effectivity of this Act, whether or not the parcel of land is
a property of the public domain, or it is owned by a person or entities other than the
DepEd, whether the ownership thereof is registered or not

SEC. 4. Coverage. This Act shall cover all lands registered in the name of DepEd or its
predecessor-in-interest, such as but not limited to “Ministry of Education,” “Department of
Education, Culture and Sports,” unregistered and current public school sites under the
administration or use of the DepEd, including parcels of land not occupied by DepEd but which
have been utilized as such for at least five (5) years immediately preceding the effectivity of
this Act.

SEC. 5. Prima Facie Ownership by DepEd of Unregistered Land, ~The DepEd shall
be the prima facie owner of all unregistered qualified school sites. The DepEd shall acquire
ownership of the unregistered school sites through the following:

a) Filing of application for confirmation of title in the Regional Trial Court where the land
is located;

b) Filing of application for the issuance of special patent; or

c) Filing of an application of the issuance of Presidential Proclamation for school sites
situated in forest or timber land.

SEC. 6. Summary Titling of Qualified School Sites on Unregistered Lots and Speedy
Hearing. ~ When the qualified school site had been surveyed and plotted, the DepEd Secretary
or his or her duly authorized representative, through the Office of the Solicitor General, shall
institute original registration proceedings by filing the necessary petition in the Regional Trial
Court of the place where the land is situated against any claimants, possessors, or occupants of
such lands or any part thereof, stating in substance that public interest requires that the title to
such lands be settled and adjudicated and praying that such titles be so settled and adjudicated
in favor of the Republic of the Philippines through the Department of Education.

SEC. 7. Contents of the Petition. ~ The petition shall contain a description of the land
and shall be accompanied by an approved plan thereof, and may contain such other data as may
serve to furnish full notice to the occupants of the lands and to all persons who may claim any
right or interest therein.


SEC. 8. Burden of Proof of DepEd. — The DepEd need only to establish the following:

a)

‘That the school site is not covered by a valid Torrens Certificate of Title;

b)

That it has been used as a school site for at least five (5) years, or it has been used in
furtherance of the functions or mandate of DepEd for at least five (5) years; and

) The land had been surveyed or plotted, its complete description, metes and bounds had
been identified by a duly licensed surveyor or government surveyor and the approved
survey is submitted to the Court.

SEC. 9. Nature of Court Action. ~ All actions for the original registration of qualified
school sites under this Act shall be summary in nature. The action for registration in this section
shall comply with the notice requirements provided for in Section 23, Presidential Decree
(PD) No. 1592.

SEC. 10. Disposal of Cases. - Consistent with Section 27 of P.D. 1592, the Court, if it
deems necessary, may refer the case or any part thereof to a Commissioner who shall hear the
parties and their evidence, and the Commissioner shall submit his report thereon to the Court
within fifteen days after the termination of such hearing. Hearing before a referee may be held
at any convenient place within the province or city as may be fixed by him and after reasonable
notice thereof shall have been served the parties concerned, The court may render judgment in
accordance with the report as though the facts have been found by the judge himself: Provided,
That the court may in its discretion accept the report, or set it aside in whole or in part, or order
the case to be recommitted for further proceedings. The Regional Trial Court shall see to it that
all registration-proceedings under this Act are disposed of within one year from the date of
filing.

SEC. 11. Immediate Transfer of Qualified School Sites Owned by the National
Government and Local Government Units. — All qualified schoo! sites established or occupied
by DepEd on property registered under the name of the Republic of the Philippines or owned
by any of its agencies or instrumentalities, as well as those owned by the local government
units (LGUs) shall be immediately transferred to and titled in favor of DepEd. Such transfer
shall include the buildings or other immovable real properties thereto, without prejudice to the
arrangements for compensation, if any for government owned corporations, which shall be
mutually agreed upon between the DepEd and the agencies concemed and recommended to the
President for final approval.

SEC. 12. Modes of Acquiring Qualified School Sites Not Occupied but Privately-
Owned, Owned by National Government, or Owned by Local Government Units. ~ For

3


purposes of expanding existing school sites, the DepEd may commence acquisition of the
following through donation, negotiated sale, or any other modes of acquisition as provided by
law:

a) Privately-owned lots not occupied by DepEd:
b) Lots owned by the National Government or any of its instrumentalities; and
©) Lots owned by Local Government Units.

SEC. 13. Unaccepted and Undocumented Donations. — A\| donated school sites where
proof of acceptance is insufficient, as well as undocumented donations of property used as
school sites, if the donor was alive during the occupation for use as school site, said donations
shall be deemed perfected by implied acceptance of the government from the time the property
‘was actually utilized as a public school site, or from the time that any acts of ownership thereon
had been carried out, such as but not limited to planting, fencing. occupation, possession, use,
or the like. In donation mortis causa, the acceptance is deemed made at the time of occupation
thereof, which is anytime subsequent to the death of the donor.

SEC. 14. Guidelines for Negotiated Sale. — Should the DepEd and the owner of a titled
private property agree on a negotiated sale for the acquisition of a privately-owned property to
be established as a future school site, the standards prescribed in the pertinent laws, rules and
regulations, insofar as they are applicable, shall be used to determine the fair market value of
the property, subject to the review and approval by the DepEd Secretary or his or her authorized
representative.

SEC. 15. Order of Registration Immediately Executory. - All judgements ordering the
registration of a qualified school sites shall be immediately executory. The Register of Deeds,
upon receipt of such order, shall forthwith register and issue the title and the corresponding
certificate of title in favor of DepEd.

SEC. 16. School Sites Privately-Owned under Contract of Usufruct. - To protect the
rights and interest of DepEd in its use and enjoyment of a school site that are privately-owned
under a Contract of Usufruct, the same shall be registered with the Registry of Deeds concerned
and annotated in the Certificate of Title of such real property. All reasonable efforts should be
exerted for the subsequent acquisition of these properties in favor of DepEd.

SEC. 17. School Sites Owned by Government Housing Agencies under Contract of
Usufruct. ~ All public school sites in use by DepEd within housing projects or relocation sites
established by housing agencies of the national government which are covered by contracts of


usufruct or similar instruments shall be titled in favor of the DepEd in accordance with the
provisions of this Act.

SEC. 18. Titling and Registration of School Sites based on Tax Declarations registered
1o DepEd - Real properties with tax declarations registered in the name of the DepEd 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. The DENR shall facilitate the immediate issuance of special patents to school
sites through a Memorandum of Agreement with the DepEd which must be consummated not
more than 180 days after the effectivity of this Act.

SEC. 19. Expeditious Registration of Land Titles for School Sites - The Registry of
Deeds (RoD), Bureau of Internal Revenue (BIR), Department of Agrarian Reform (DAR),
DENR, and Local Government Units (LGUs) concerned shall process the registration and
titling of the properties as provided herein in favor of DepEd in the most efficient and
expeditious manner, the consummation of which must be made not more than 180 days after
the effectivity of this Act.

SEC. 20. Exemption from Payment of Fees and Taxes for the Registration of Land titles
for School Sites - The DepEd shall be exempt from payment of all related costs, fees, charges
or all taxes to the National Government Agencies, including the Bureau of Intemal Revenue
(BIR), Land Registration Authority (LRA), Registry of Deeds (RD), DENR and Local
Government Units, and other government agencies involved in the registration and titling of
school sites as provided herein. The DepEd shall also enjoy all the other rights, exemptions and
privileges authorized by the law, in all its official transactions with National Government
Agencies and Local Government Units involving titling and registration of its current school
sites. Donations of land or other properties, real or personal for the benefit of the DepEd shall
also be exempt from donor's tax.

SEC. 21. School Sites within Forest Land - The DepEd shall cause the application for
the reclassification of land occupied by school sites, which are classified as forest or timber,
into alienable or disposable to the Office of the President through the Department of
Environment and Natural Resources (DENR). Upon reclassification of school sites from forest
land to alienable and disposable, the Office of the President shall issue Presidential
Proclamation over such lands.

SEC. 22. School Sites within Ancestral Domain. — The National Commission on
Indigenous Peoples shall assist the DepEd in securing Free, Prior and Informed Consent (FPIC)
from leaders or representatives of Indigenous Cultural Communities (ICCs) for school sites
within ancestral domain for the eventual grant of usufruct by ICs to DepEd for the use of their
lands. The requirement for FPIC, however, is deemed waived if the ICCs have passed a

5


resolution asking DepEd to establish and construct a new school or repair and rehabilitate an
existing one.

SEC. 23. Ecological and Environmental Concerns. - In cases involving the acquisition

of private real property used as public school sites, the DepEd shall take into account and
consider environmental laws, land use ordinances and the pertinent provisions of R.A. No.
7160, as amended, otherwise known as the Local Government Code of 1991.

a)

b)

©)

d)

SEC. 24. Titles of real properties registered under the name of DepEd. ~

Existing titles of real properties registered under the name of the DepEd, or its
predecessors-in-interest, such as but not limited to Ministry of Education, Department
of Education, Culture and Sports, or in the name of any person or private individual
where the title is in the possession of the DepEd, whether the title is Spanish, American
or Torrens Certificate of Title, shall be cancelled upon application of the DepEd for
cancellation thereof at the Register of Deeds, free from all transfer taxes, charges and
fees, and a new title will be issued to reflect the name “Republic of the Philippines,
represented by the Department of Education”. The possession by DepEd of the original
duplicate owner's copy of the title of a person or private individual over a property
occupied as a school site shall be deemed prima facie evidence of a valid and accepted
donation.

Certificate of Land Ownership or CLOA covering DepEd school sites shalll be cancelled
and recalled by the Department of Agrarian Reform upon application thereof by the
DepEd stating that the area subject matter in the CLOA is an existing DepEd school
site.

Lands donated to the government or DepEd and occupied as a school site within a parcel
of land registered in the name of a person or private individual shall be issued a separate
title in the name of the “Republic of the Philippines, represented by the Department of
Education”. For this purpose, the DepEd shall cause the segregation thereof after
complying with the procedure of segregation or partition mandated by the Office of the
Register of Deeds.

‘The transaction for segregation shall be free from registration expenses, such as but not
limited to filing fees, docket fees or the like. It is understood that the Donor under this
paragraph shall be exempt from donor's tax, or estate tax, documentary stamp tax, as
the case maybe. Appropriate tax credit shall be given to the donor, commensurate to the
value of the property at the time of donation, as may hereinafter be determined by the
Bureau of Internal Revenue.


SEC. 25. Sites Titling and Management Office. - The existing Sites Titling Office of
the DepEd shall be reorganized and expanded to the Sites Titling and Management Office,
which shall, in addition to its current responsibilities, be responsible for the following:

a) Identification and acquisition of qualified school sites for future use of the DepEd;

b) Maintaining all relevant records in connection to public school sites owned by the
DepEd, or those considered for acquisition;

¢)

Coordination with all relevant government agencies and private entities for the
acquisition of school sites; and

d) Any other task which is required for the full implementation of the provisions of this
Act.

SEC. 26. Implementing Rules and Regulations. — The Department of Education, in
cooperation with all other relevant agencies, shall promulgate the rules and regulations for the
proper implementation of this Act within six (6) months from its effectivity.

SEC. 27. Appropriations. ~ Funds necessary for the implementation of this Act shall be
included in the annual appropriations for the DepEd in the General Appropriations Act

SEC. 28. Separability Clause. — If any provision of this Act shall be deemed
unconstitutional or invalid, the other provisions not affected there shall remain in force and
effect.

SEC. 29. Repealing Clause. — All Acts, Presidential Decrees, Executive Orders and
Administrative Orders, Rules and Regulations and other such issuances or parts thereof which

are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 30. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,