Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Se.ssion
HOUSHBILLNo.1016l
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 a)epEd). There are 17,742 such sites, even as they are already
occupiedbyDepEdandtheiroccupancyissupportedbydocumentssuchasdeedsofsale,deeds
of donation, and even presidential proclamations. As an example, 90% of school sites in the
Bingsamoro Autonomous Region in Muslim Mindanao @ARMM), are not titled in favor of
DepEd.
This situation requires immediate action.  So long as these sites are in legal limbo,
goverrmentandprivatesectoreffortstobuildmoreclassroomsandfacilitieswillbeinhibited.
Insomeinstances,landsdonatedforeducationalpurposesbecomesubjecttocourtproceedings
by the heirs of the donor, affecting the delivery of educational services to childreri in that
community.
Bureaucracy, the lack of proper documentation, changing policies in local government
units and national goverrment 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 refoms, reforms which require the
irmediate and unequivocal  support of the government.  It needs curriculum refom, more
classrooms, and more teachers, among others. However, all these reforms will be for naucht 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.
Lone District, Mutnlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
HOUSE BILL NO. 10161
Introduced by Rep. Jaime R. Fresnedi
EN ACT REINFORCING. PROTECTING, AND MANAGING THE DEPARTMENT
OF EDUCATION'S OWNERSHIP OF LOTS OCCUPIED BY PUBLIC SCHOOLS,
pRoVIDING FOR THn suMMARy TITLING OF AI.L REAL pROpERTIEs USED
As puBLlc SCHOOL slTEs, AND FOR OrmR puRpOsEs
Be  it  enacted by the Senate  and the  Hoiuse  Of Representatives  Of the  Philippines  in
Congress assembled:
SECTION1.SfeorfZ7t/e.-ThisActshallbereferredtoasthe"P#bJz.cScfaooJfci#ds4cf".
SEC. 2. Dec/¢rarfz.o# a/PoJi.ey. - 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 scoirty, including measures to protect and enhance
the physical infrastructure that serve leaners an over the country.
Towardsthisend,theStateshallregisteralllandsbeingutilizedaspublicschoolsitesby
theDeparmentofEducationq)epEd)asounedbytheRepublicofthePhilippines,andprovide
each school site with titles under the name "Republic of the Philippines represented by the
DepartmentofEducation."
SEC. 3. Defi#I.J!.o# a/ rerm£. -For pulposes of this Act, the following terms shall be
defined as follows:
(a)P#b/I.cschoo/s].fgisdefinedassitesoccupiedbyDepEdasapublicschoolsite
or a school site that caters to the needs and requirements of DepEd which are
necessary or vital to the perfomance Of its mandate or fimedons under the
RevisedAdnrinistrativeCodeof1987,includingbutnotlimitedtoareaswhere
there are DapRI Division Onces, DepEd offices,  DquRI training facilities,
teacher's camp, hotels, ims, hostels, or commercial spaces where the income
derived therefrom are used for the school's benefit, or the like.
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(b) 92faJi#ed schoo/ szte 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
schoolsiteforatleastfive(5)yearsprecedingtheeffectivityofthisAct,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 Edueation..' "Department of
Education,  Culture  and  Sports,"  unregistered  and  current  public  school  sites  under  the
administrationoruseoftheDepEd,includingparcelsoflandnotoccupiedbyDepEdbutwhich
have been utilized as such for at least five (5) years immediately preceding the effectivity of
this Act.
EEC. S . Prima Facie ownership try DapEd Of Unregistered Land -The DapiErd shaLLl
be the prima facie owner of all unregistered quauned 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 Regiorml Trial Cout
where the land is located;
b)  Filing of application for the issuance of spceial patent; or
c)   Filing  of an application  of the  issuanee  of Presidential  Proclamation for
sohcol sites situated in forest or timber land.
SBC. 6.  Summary Tliltling Of Qunltf ted School Sites on URTegistered I.ots and Speedy
Hearfug.-Whenthequnlifiedschcolsitehadbeensurveyedandplotted,theDapEdSecretary
orhisorherdulyauthorizedrapresentative,tlmughtheOffieeoftheSolicitorCienenl,shall
instituteoriginalregistrationproceedingsbyfilingthenecessarypetitionintheRegionalTrial
Coutoftheplacewherethelandissituatedagrinstanyclainantsopossessols,oroccupantsof
suehlandsoranypartthereofstatinginsubstancethatprblicinaestrequimsthatthetitleto
suchlandsbesettledandadjudicatedandprayingthatsuehtitlesbesosetthiandadjudicated
infavoroftheRepublicofthePhilippinesthrmughtheDeprmentofEdunth
SEC. 7. Co#fe#fg a/fiife Pt!f!tr.o#. ~ The pedtion shall contain a deschption of the land
andshallbeaccompaniedbyanapowedplanthereof,andlnaycontainsuehctherdataasmay
servetofumishfullnoticetolheusxpantsofthelandsandtoallpersouswhmayclaimany
right or interest therein.
-ca-
SEC.8.8%rde#o/P7co/a/mpEd.~ThaDepEdneedortytoesunichthefollowing:
a)   That the school site is rot covered try a-;arid Torrms Certificate ofTrdie;
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b)   That it has been used as a school site for at least five (5) yearsg or it has been used in
furtherance of the functions or mandate Of DapEd for at least five (5) years; and
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 Cout.
SEC. 9. IV¢fune a/Courf 4ctz.om -AIl actions for the original registration of qualified
schoolsitesunderthisActshallbesummaryinnature.Theactionforregistrationinthissection
shall comply with the notice requirements provided for in Section 23, Presidential Decree
(P.D.) No.1592.
SEC. 10. Di.£pasa/ a/CuseS. -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
perties and their evidence. and the Commissioner shall submit his report thereon to the Court
within fifteen days after the terminrdon of such hearing. Hedng before a referee may bc held
atanyconvenientplacewithintheprovinceorcityasmaybefixedbyhimandafterreasonable
noticethereofshallhavebeenservedthepartiesconcemed.Thecoutmayrenderjudgmentin
accordancewiththereportasthou8hthefactshavebeenfoundbythejudgehimself:ProvJ.ded,
Tprthecoutmayinitsdiscretionacceptthexport,orsetitasideinwholeorinpart,ororder
thecasetoberecormittedforfurtherproceedings.TheRegionalTrialCourtshallseetoittht
all registration-proceedings under this Act are disposed of within one year from the date Of
filing.
SBC.  11.  Immediate  Thanrfer  Of  Qtrdiifiied  School  Sites  Owned  by  the  N.ational
Govermme#fc!#dZoc¢/Goverrme#fU%!.Js.-AIlqualifiedschoolsitesestablishedorbecupied
byDepEdonpropertyregisterodunderthenameoftheRepublicofthePhilippinesorowned
ty any of its agencies or instrunentalities, as i]trell as those owned by the local government
units qGUs) shall be immediately transferred to and titled in favor of Deped. Such transfer
shallincludethebuildingsorotherimmovablerealpropertiesthereto,withoutprejudicetothe
arrmgements for compensation. if any for goverrment owned coxporatious, which shall be
mutuallyagreeduponbetweentheDepEdandtheagenciesc"icemedandrcommendedtothe
President for final approval.
SEC.  \2.  Modes  Of Acquiring  Quali!fied School  Sites Not  Ocapted but  Privately-
Choned,  Owned by  Nationd  Goverrrment,  or  Owned try Lceal  Govern-  Units. -_Fpr
purposes of expanding existing school sites, the DepEd may commence acquisition of the
followingthroughdonation,negotiatedsale,oranyothermndesOfacquirfuasprovidedty
law:
a)   Privatelyouned lots not occupied by lrtyEd;
b)  Lots owl by the Nafrorml Govemmm or any of its inrmmendHties; and
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c)   Lots owned by Local Government Units
SEC. 13 . I/#accepred crnd U#doc#mer!red DomaJious. -All donated school sites where
proof of acceptance is insufficient, as well as undocunented 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
wasactuallyutilizedasapublicschoolsite,orfromthetimethatanyactsofownershipthereon
had been carried out, such as but not limited to planting, fencing, occupation, possessions use,
or the like. In donation mortis causa, the acceptance is deemed made at the time of occupation
thereof, which is anytine subsequent to the death of the domr.
SEC.14.a"I.cJeJI.He£/orNego#.atedS¢/e.-ShouldtheDepEdandtheownerofatitled
privatepropertyagreeonanegotiatedsalefortheacquisitionofaprivatelyrownedpropertyto
be established as a future school site, the standards prescribed in the pertinent laus, rules and
regulations, insofar as they are applicable, shall be used to detemine the fair market value of
theproperty,subjecttothereviewandapprovalbytheDepEdSecretaryorhisorherauthorized
representative.
S       SEC.15. angr a/Jiegz.Sfr¢#.o# Jmaedictdy E#ecttft*r3;. -All judgements ordering the
registrationofaqualifiedschoolsitesshallbeirmediatelyexeeutory.TheRegisterofDeedss
upon receipt Of such order, shall forthwith regisoer and issue the title and the corresponding
certificate of title in favor of DepEd.
EEC. \6. Schal Sites Privately-Ctwned under Contract Of Ustrfuuct` ~ To prcJpe¢k tine
rightsandinterestofnepEdinitsuseandenjnymentOfaschcolsitethataeprivately.rowned
underaCoutractOfusufuct,thesameshallbengisteredwiththeRegistryofbedsconcemed
andanotatedintheCertificateofTitleofsuchrealproperty.Anreasonableeffortsshouldbe
exertedforthesulxpuentacquisitionofthesepropertiesinfavorofDepEd.
SEC.17.mlingandReg}strationofschalsitesbasedonTlexDeclaratiousr:g.iste.r.e?
fo DgpEd - Real properties with tax declarations registered in the name of the DepEd which
arebeingusedasschoolsitesshallbeprocessedthroughtheDepertmentofEnvironmentand
NatndResources(DENR)fortitlingthrou9hlhaissuanceofSpedalPatentsandPresidential
Proclamations. The DENR shall froilitate the immediate issuanee of special patents to school
sitesthoughahfuorandunOfAgreementwiditheDapEdwhichmustbecousummatednot
more than 180 days after the effeetivity of this Act.
SBC. \8. Expeditious Registration Of lmd Tiiities f ion School Sites ~ Tpe_Tkeg;I:_T _0`£
Deeds @oD), Buean of himal Revenue a}IR), Department of Agrarian Reform (DAR),
DENR, and Local Govemmeut Units (LGUs) concerned shall process the registration and
titling of the prprfues  as provided herein in favor Of ngd in the IIrost efficient  and
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expeditious manner, the consummation of which must be made not more than 180 days after
the effectivity of this Act.
S;EC.19.ExemptionfromPaymenlOfFeesandTlattesfortheRegistrationOfLandtitles
/or Schoo/ Sz.fef - The DepEd shall be exempt from payment of all related costs, fees, charges
or all taxes to the National Goverrment Agencies, including the Bureau of Intenal Revenue
(BIR),  Land  Registration Authority  uRA},  Registry  of Deeds  (RD),  DENR  and  Local
Government Units, and other government agencies involved in the registhtion and titling Of
school sites as provided herein The DapEd shall also enjny all the other rights, exemptions and
privileges authorized by the law, in all its official transadious 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. 20. Sbhoo/ Sz.ref w!.thI.# Forest land - The DepEd shall cause the application for
the reclassification of land occupied ty school sites, which are classified as forest or timber,
into  alienable  or  disposable  to  the  Office  of the  President  through  the  Departmeflt  of
EnvirormentandNaturalResoureesa)ENR).Uponreclassificationofschoblsitesfromforest
lanfrd  to  alienable  and  disposable,  the  Office  of  the  President  shall   issue  Presidential
Proclamation over such lands.
SEC.  21.  SchaoJ  SzteS  wl.*ft!.# A#cefmul  Dom&j#.  -The  National  Commission  on
IndigenousPeoplesshallassisttheDepEdinseculngFree.PriorandlnforrdConsent(FPIC)
from leaders or representatives of Indigenous Cultural Communities ¢CC§} for school sites
withinancestraldomainfortheeventualgrantOfusufructtyICCstoDepEdfortheuse'Oftheir
lands.  The  requirement  for FPIC,  however,  is deemed waived  if the ICCs have  passed  a
resolution asking DepEd to establish and consmct a new school or repair and rehabilitate an
existing one.
SEC.22.Eco/ogr.ca/andEov!.ro#"ejijutCo#cer7gg.-Incasesinvolvingtheacquisition
of private real property used as public school sites, the DepEid shall take fro account and
consider envirormental laws, land use ordinnces and the rndnent provirfus of R.A. No`
7160, as anended, otherwise lmown as the Iud Govenment Code of 1991.
SEC.2;3.TiiitlesOfrealpropertiesregisteredundertherlameOfrtepEd.~
a)   Existing titles  of rd properties  registered  undo the name  of the DepEd,  or  its
predecessors-in-interest, sul as but nut lindted to Mhistry of Edlndon, Department
of Education, Cultue and Sports, or in the name of any person or private individual
wherethetitleisinthepossesionoflhenepEd,wl]rfuerthetitleisSpanish,American
or Torrens Certificate of Title, shall be cancelled ipon aplication Of the DepEd for
cancellation thereof at the Register Of nEeds, free from all transfu taxes, charges and
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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.
b)   Certificate of Land Ownership or CLOA covering DapEd school sites shall be cancelled
and recalled by the Department of Agrarian Reform upon application thereof by the
DepEd stating that the area subject maaeer in the CLOA is an existing DepEd school
site'
c)LandsdonatedtothegoverrmentorDepEdandoccupiedasaschoolsitewithinaparcel
oflandregisteredinthenameofapersonorprivateindividualshallbeissuedaseparate
title in the nacre of the "Republic of the Philippines, represented by the Deparment of
Education".  For this  purpose,  the DapEd  shall  cause the  segregation thereof after
complyingwiththepracedureofsegrutonorpardtionmandatedbytheOfficeofthe
Register of Deeds.
d)  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 understoed that the Donor under this
paragraph shall be exempt from donors tax, or estate tax, documentary stamp tar, as
thecasemaybe.Appropriatetaxcreditchaillbegiventothedonor,commensuratetothe
value of the property at the time of donalon, as may hereinafter be detrmined by the
Bureau of Internal Revenue.
SEC, 24. Sz.fes 2?fJg.n!g ¢Ird "amage7#eut Oj#ce. ~ The existing Sites Titling Office Of
the I)epEd shall be rconganized and expanded to the Sites Titling and Management Office,
which shall, in addition to its curmt responsitffities, be respondble for the fouowing:
a)   Identification and acquisition of qualified school sites for future us of the DcpEd;
b)  Maintaining all relevant records in connection to pulilic school sits owned by the
DepEd, or those considered for acquisition;
c)   Coordination  with  all  relevant  government  agencies  and  private  enrities  for  the
acquisition of school sites; and
d)  Any other task which is required for the full implemenmtion of the provisions of this
Act.
SEC.25.j4pproprz.a#.ore.~FundsnecessaryfortheimprrmentationOfthisActshallbe
includedintheanm]alappropriationsfortheDapEdintheG±App"rfuonsAct.
SEC. 26. Implementing Rules and Rewhtious. ~ The Depurtn" Of REneerwipn, .in
cooperationwithallotherrelevanagencies,alallprondgatetherulesndzvyhatiousforthe
properimplementationofthisActwithinsix®monthsfirmiseffectivity.
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SEC.  27.  Seprr¢bl.J!.ty  CJaase.   ~  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.  28.  jtepeaJI.ng Cha#£e.  - All Acts, Presidential Decrees, Executive Orders and
AdhinistrativeOrders,RulesandRegulatiousandothersuchissuancesorpartsthereofwhich
areinconsistentwiththeprovisionsofthisActareherebyrepealedormodifiedaccordingly.
Approved,
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