SIXTEENTH CONGRESS OF THE _)
REPUBLIC OF THE PHILIPPINES _)
First Regular Session )

HOUSE OF REPRESENTATIVES
HB.No._ 31390

Introduced by Honorable EVELINA G. ESCUDERO

EXPLANATORY NOTE

Section 17, Article II of the Constitution provides that “The State shall give
priority to education, science and technology, arts, culture, and sports to foster
patriotism and nationalism, accelerate social progress, and promote total human
liberation and development.”

Consistent with the above constitutional State policy, this bill is being
submitted for immediate consideration and passage to promote and advance the
"potentials and talents of the Filipino youth by making their schools which are
regarded as their second abode no longer subject to property disputes and frequent
transfers of locations.

We submit.

VELINA G. ESCUDERO-


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SIXTEENTH CONGRESS OF THE +)
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

HOUSE OF REPRESENTATIVES
HB.No._3139

Introduced by Honorable EVELINA G. ESCUDERO.

AN ACT
PROVIDING FOR THE SUMMARY TITLING OF REAL
PROPERTIES in
USED AS PUBLIC SCHOOL SITES

Beit 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;


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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 shalll be the 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 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,
shall 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.


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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 in pertinent provisions of Republic Act (R.A.) No. 8974
and other related laws, rules and regulations 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 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
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 shall be limited to the determination of just

compensation.

SECTION 10. Order of Registration Immediately Executory. - All judgments
ordering the registration of a qualified school site shall be final aiid executory, and not
subject to appeal except in a Petition for Certiomri 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


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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 shalll 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 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 agencies involved in the registration and titling of

school s

ites 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

the pertinent provisions of R.A. No. 7160, as amended, otherwise known as the


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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 under
the General Appropriations Act.

SECTION 17. Rules and Regulations. - The Department of Justice (DOJ), the
Department, the 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 issuances or parts thereof inconsistent with the provisions 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 the official gazette or at least two (2), newspapers of

general circulation.