RECEIVED
DATE;

Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City Tm
SEVENTEENTH CONGRESS C ;
First Regular Session REGISTRATION UNIT
AND INDEX service ®
HOUSE BILL NO. 360

Introduced by HONORABLE ROMERO "MIRO" S. QUIMBO

EXPLANATORY NOTE

Education plays an essential role in the overall development effort of the
nation particularly in tapping the potentials and harnessing the talents of the
Filipino youth. However, this noble objective may not be fully realized if the
schools, considered as their second abode, are always subjected to property
disputes, frequent transfer of locations, revocation of donations of lands where they
are situated and urban planning and development programs of the Local
Government Units (LGUs).

The latest statistical data of the Department of Education (DepED) showed
that there are still a number of untitled and unregistered school sites throughout
the nation and that the government does not have legal property rights over these
lands occupied by public schools. In most cases, these school sites are owned by
LGUs or are subject to long-term lease agreements with private individuals.

There are also parcels of lands which were donated exclusively for the
educational purposes but lack the proper legal documentation to support any
efforts by DepED on the transfer of ownership. Thus, upon the death of the donors,
the heirs of the latter claim ownership of the land through the revocation of the
original donation which subsequently lead to endless court litigations. Most of
these cases languish in court for several years, even decades, to the prejudice of

the public schools involved. A

The passage of this bill will pave the way for the summary titling of 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 of Education (DepED)
with titles under the “Republic of the Philippines represented by the Department of
Education” to enable it to have legal ownership over these school sites. It covers all
sites of public schools under the DepED that have been utilized as such for at least


five (5) years preceding the effectivity of this proposed measure, which are
composed of the following:

a) Lands of 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 and Lots Owned by Local Government Units through
donation, negotiated sale, expropriation or any other modes of acquisition as
provided by law. In addition, the proposed measure declares that DepED will be the
prima facie owner of all unregistered qualified school sites, thus, simplifying the
process of land titling and registration in favor of DepED. If enacted into law, this
measure will also enable the school authorities to have direct control and
supervision over the land occupied by the public schools.

In view thereof, the expedient approval of this bill is strongly recommended.

Reyfresentative
Second Diftrict, Marikina City


Nowsenn

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

360

HOUSE BILL NO. __

Introduced by HONORABLE ROMERO "MIRO" S. QUIMBO

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

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 school 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 owned by the Department, in accordance
with the constitutional guarantee that private property shall 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:

a) Of the public domain; Ld

b) 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 the prima facie owner of all unregistered qualified school

sites.


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SECTION 4. Su: Titling oj ‘School Sites on U1 d 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 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 other modes of acquisition as provided by law.

SECTION 7. Unaccepted Donations. All unaccepted donations 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 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. a

SECTION 9. Summary Expropriation of Qualifed 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 school sites, and that the taking is for public



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use and for 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 expropriation proceedings shalll 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 the 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. eal 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 Environmerit 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



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provided herein in favor of the Department in the most efficient and expeditious

manner.

SECTION 14. ion from nt Fees and Taxes for the
Registration of Land Titles for School Sites. The Department shall be 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. 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 (BoF) and the
Department of Interior and Local Government (DILG) shall jointly promylgate 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.


one wenn

SECTION 19. Repealing Clause. All laws, decrees, rules and regulations or other
issuances or parts thereof inconsistent with the provinsions of this Act are hereby
repealed, amemded 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,