EIGHTEENTH CONGRESS OF THE REPUBLIC 
} 
OF THE PHILIPPINES 
}
First Regular Session 
}
SENATE
Senate Bill N o .l 2 4 7
iT®-.
j (  [l)f » l  f i - 't f l l j '
•19 
OEC 18 A 8 '32
Introduced by SEN A TO R  LACSON
AN ACT
ST R E N G TH EN IN G  AND PR O T E C T IN G  T H E  LAND O W N E R SH IP 
O F D EPED  SC H O O LSITES, M AN D A TIN G  T H E SU M M A RY  TITL IN G  
O F U N R E G IST ER ED  R EA L PR O PE R T IE S USED AS PU B LIC  SC H O O L 
SITES, AND FO R  O T H E R  PU R PO SES
EX PLA N A TO RY  N O TE
The education o f the Filipino Youth is essential in nation building. Thus, it 
should be declared the policy o f the State to ensure that our learners are in a school 
environment that is safe, motivating, child-friendly and conducive to learning. For 
this reason, schools o f the Department o f Education (DepEd) arc not only declared 
as “zones o f peace” during armed conflict, but are zones o f peace and neutrality at 
all times.
Our public school system is often subjected to property disputes, violence, 
irritation, physical if not verbal and psychological warfare between the school 
administrators, teachers, and those who claim ownership over our school sites. Our 
learners, even at an early age, witness untoward incidents constituting usurpation o f 
properties over real rights.
Thus, there is a compelling necessity and urgency to institutionalize and 
prioritize the acquisition and titling o f DepEd school sites to ensure their continuous 
and smooth operation, maintenance and development for the benefit o f our learners 
in the public school system.
The current data from the Department o f Education (DepEd) shows that 
majority o f our public school sites are untitled or unregistered. Some school sites 
were donated for use as school sites but are now owned/titled in the name o f LGUs. 
Some arc subject to long-term lease agreements with private individuals.
The passage o f this bill will pave the way for the summary titling o f all lands 
which are being utilized as public school sites throughout the country. This bill aims 
to provide all lands being utilized by the Department o f Education (DepEd) with


titles under the "Republic o f the Philippines represented by the Department o f 
Education" to enable it to have legal ownership over these school sites.
The summary titling will cover all sites o f public schools under the DepEd 
which have been utilized as such for at least five (5) years preceding the effectivity 
o f this proposed measure, which are composed o f the following;
a) Lands o f the public domain;
b) Those that are owned, whether registered or otherwise, by persons or 
entities other than the DepEd.
This bill also seeks to address the need to acquire qualified School Sites on 
Privately-Owned Lots, Lots Owned by Local Government Units or other national 
government agencies, or any government agency, through donation, negotiated sale, 
expropriation or any other modes o f acquisition as provided by law.
This bill also seeks to quiet the title or remove the clouds hovering over our 
many school sites by the passage o f this bill establishing summary registration o f 
titles over the DepEd school sites.
Further, the bill will strengthen D epEd's capacity and authority to manage 
lands registered under its name, whether by Spanish title, American title or Torrens 
Certificate o f Title, such as but not limited to “M inistry o f Education”, as well as 
those declared for taxation purposes under its name. Thus, the creation o f a DepEd 
real estate office is proposed.
If enacted into law. the school authorities will finally have direct control and 
supervision over the land occupied by the public schools. The comprehensive 
development and improvement o f the public school system will finally be realized.
In line with the mandate o f the DepEd in ensuring access to quality basic 
education for all Filipino learners, there is an imperative need to safeguard the 
interest o f public school sites from being subjected to disposal, sale, lien or 
encumbrance, and against reconveyance suits and claims for payment from private 
entity/individual or heirs o f donors. After all, a school is our children’s second 
home.
Hence the proposal for an immediate legislative measure.
PAN
LA CSO N
Senator


EIGHTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session
SENATE
Senate Bill No. 1247
(©Hiff of ll)f fercr.tarp
'19 0ECl8r A8:32
REC,. Oil’ J
Introduced by SENA FOR LACSON
2
3
4
5
6
7
8 
9
10 
I I 
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
AN .AC i
S FRENC; rilE N IN C  AND PRO rE C T IN C  THE LAND OW NERSHIP 
OE DEPED SC IIOOLSI FES, MANDA FING THE S l,^l^LAR^ TITLIN G  
OF I NRFXHS I ERED REAL PROPERTIES I SED AS PUBLIC SCHOOL 
SFI ES, AND FOR OTHER PURPOSES
Be it enacted by the Senate/House ofRepresentatives of the Philippines in Congress 
assembled:
SEC'FION 1. Purpose of this Act. - It is hereby declared the policy of the 
State to register all lands being utilized as public school sites ("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". Towards this end, the State shall 
ensure the prompt payment of just compensation for the acquisition of real property 
utilized as public school sites and not owned by DepEd, in accordance with Article 
111, Section 9 of the Constitution which provides that private property shall not be 
taken for public use without just compensation.
SECTION 2. 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 
cuirent 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.
For purposes of this act. a public school site is a "qualified school site" if it 
is occupied by DepEd as a public school site or a school site that caters to the needs 
and requirements ot 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 lacilities. teacher's camp, hotels, inns, hostels, or commercial spaces where 
the income derived therefrom are used for the school's benefit, or the like.


1
2
3
4
5
6
7
8 
9
10 
11 
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
If the parcel of land is 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. it shall be deemed a “qualified 
school site”, whether or not the parcel of land is characterized as any of the 
following:
a) 
It is a property of the public domain;
b) It is owned by a person or entities other than the DepEd, whether the
ownership thereof is registered or not.
SE C l'lO N  3. 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 either through 
the follow ing:
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;
c) Filing of an application of the issuance of Presidential Proclamation for
school sites situated in forest or timber land
S E C U  ON 4. 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.
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.
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.
c) 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.
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


2
3
4
5
6
7
8 
9
10 
I I 
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
comply with the notice requirements provided for in Section 23, Presidential Decree 
(P.D.) No. 1529.
Consistent with Section 27 of P.D. 1529. the Court, if it deems necessary, 
may refer the case or any part thereof to a referee who shall hear the parties and their 
evidence, and the referee 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, however, 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.
SECTION 5. Immediate Transfer of Qualified School Sites Owned by the 
National Government and Local Government Units. - All qualified school 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 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 concerned and recommended to 
the President for final approval.
S IX riO N  6. Modes of Acquiring Qualified School Sites not Occupied but 
Privately-Owned Lots, Lots Owned by National Government and Lots Owned by 
Local Government Units. - For purposes of expanding existing school sites, the 
DepEd may commence acquisition of the following:
a) 
privately-owned lots not occupied by DepEd
b) lots owned by the National Government or any of its instrumentalities.
c) 
lots owned by Local Government Units
through donation, negotiated sale, expropriation or any other modes of acquisition 
as provided by law.
file DepEd shall have the right of first refusal over parcel of lands 
surrounding the school sites. It is understood that whenever the owners of lands 
surrounding a school site will sell or alienate their rights over their lots in any 
manner, the same shall first be offered to the DepEd for determination of the 
necessity of acquiring the same for expansion or development purposes or not.
However, the failure to exercise the right of first refusal over the sale or 
alienation of any right to any property suirounding a school site shall not mean 
waiver to expropriate the same whenever necessaiy.
SEC'l'ION 7. 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


2
3
4
5
6
7
8 
y
10 
11 
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
prescribed in the pertinent provisions of Republic Act (R.A.) No.l0752 or ’T he 
Right of Way Act,"’ and other related 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 
representatix e.
SECTION 8. Order of Registration Immediately Executory- All judgements 
ordering the registration of a qualified school sites shall be immediately execulorv'. 
fhe Register of Deeds, upon receipt of such order, shall forthwith issue register the 
title and the corresponding certificate of title in favor of DepEd.
SECTION 9. S Limmary E.xpropriation of Qualified School Sites.- Qualified 
School Sites on Privately-Owned Lots or Lots Owned by Local Government Units 
may be acquired by the DepEd through expropriation subject to the guidelines 
provided under Section 6 of R.A. No. 10752. Whenever the right of DepEd to 
expropriate qualified school sites is invoked, the same shall be deemed for public 
use or purpose, unless the same is overturned by a showing that the school site is 
not qualified under Section 2 hereof
SECTION 10. School Sites Privately-Owned under Contract of Usufruct. - 
In order 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 negotiated sale of these properties in favor of DepEd. Provided, that 
when a school site under usufruct becomes a qualified school site, the same may be 
acquired by expropriation as provided herein.
SECIIO.N 11. Titling and Registration of School Sites based on Tax 
Declarations registered to DepEd - Real properties with Tax Declaration 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 LION 12. Expeditious Registration of Land Titles for School Sites. - The 
Registry ot Deeds (RoD). Bureau of Internal Revenue (BIR), Department of 
Agrarian Reform (DAR), DENR, and Local Government Units (LGUs) concerned 
shall forthwith 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.
SECTION 13. Exemption from Payment of Fees and Taxes for the 
Registration of 1.and 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 Interna! Revenue (BIR). I,and Registration 
Authoritv (LRA), Registr)' of Deeds (RD), DENR and Local Government Lrnits, 
and other government agencies involved in the registration and titling of school sites


2
3
4
5
6
7
8 
9
10 
11 
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
as provided herein. Provided, further, that the DepEd shall enjoy all the rights, 
exemptions and privileges, as may be authorized by the law, in all its official 
transaction 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 be exempt from donor's tax.
SEC'I’ION 14. 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'I’ION 15. 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 ICCs to DepEd for the use of their lands. The 
requirement for FPIC. however, is deemed waived if the ICCs have passed a 
resolution asking DepEd to establish and construct a new school or repair and 
rehabilitate an existing one.
SEC'I'ION 16. 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.
SECT ION 17. Creation of DepEd Real Estate and Management Office 
(DepEd REMO). There is hereby created a Real Estate and Management Office that 
will be in charge with the preservation, administration, management, monitoring, 
documentation, supervision or control over the real properties of DepEd. Whenever 
the disposition or transfer of ownership of any DepEd property is necessaiy in the 
exigencies of the service, as may be recommended by the DepEd REMO or the 
DepEd Secretary for the benefit of another government entity, such disposition shall 
be subject to the approval of the President of the Philippines.
SECTION 18. Titles of real properties registered under the name of DepEd- 
Fxisting titles of real properties registered under the name of the DepEd, or its 
predecessors-in-interest. such as but not limited to the Ministry of Education, 
Department ot Education. Culture and Sports, or in the name of an\' 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 retlect the name 
“Republic of the Philippines, represented by the Depai'tment of Education".


2
3
4
5
6
7
8 
9 
10 
1 1 
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
Certificate of Land Ownership or CLOA covering DepEd school sites shall 
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 occLipied 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.
SECTION 19. Definition of Abandonment of School Purpose or School Use. 
Where the Deed of Donation states that the ownership of the property shall revert 
back to the donor if the school ceases to exist, such condition shall be valid. 
However, if the school where the donation was made continues to exist elsewhere, 
such as when the school transfer to another location by reason of necessity for use 
ol'bigger space or location to cater to the growing population of the learners, or by 
reason of any natural hazard existing in the said donated land or nearby areas to 
ensure the safety of the learners, teachers and administrative staff, or the school has 
been integrated to another government entity for educational purposes, it is hereby 
declared that the operation of such school in another place other than the donated 
area, shall not, in any way mean abandonment of the school purpose or cessation of 
the operations of the said school.
SECTION 20. Appropriations - Funds necessary for the implementation of 
this Act shall be included in the annual appropriations for the DepEd under the 
annual General Appropriations Act.
SEC'I'ION 21. Rules and Regulations- The Department of Justice (DOJ), 
DepEd. DENR. Department of Finance (DoF). Department of Interior and Local 
Government (DILG). and NCIF shall Jointly promulgate the implementing rtiles and 
regulations within sixty (60) days from the effectivity of this Act.
SECTION 22. 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 23. Repealing Clause. All laws, decrees, rules and regulations or 
other issuances or parts thereof inconsistent with the provision of this Act are hereby 
repealed, amended or modified accordingly.


1
2
3
4
5
6
SliC l'IO N  24. E/fectivity. This Act shall take effect fifteen (15) days 
following its publication in the official gazette or at least two (2) newspaper of 
General circulation
Approved.