Republic of the Philippines
HOUSE OF REPRESENATATIV!
Quezon City

TWENTIETH CONGRESS
First Regular Session

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RECEIVED o\
© oD

HOUSE BILL NO.558

EXPLANATORY NOTE

This bill seeks to provide for the summary titling of real properties used as
sites for public schools in our educational system.

The State shall protect and promote the right of all citizens to quality education
at all levels and shall take appropriate steps to make such education accessible to all
(Section 1, Article XIV of the 1987 Constitution).

One of the major problems that beset access to quality education is the lack of
buildable sites for our school buildings. A good number of school sites are unregistered
and are subject to litigation, frequent transfer of locations, and revocation of land
donation by the owners and their surviving heirs. Many school sites are also being
used without legal documentation of transfer of ownership to the Department of
Education (DepEd). For as long as the school sites remain unregistered in the name
of the DepEd, the cloud of uncertainty will remain unresolved. When the question of
ownership is litigated, no buildable sites for schoo! buildings will be recognized by the
DepEd, hence, no improvement of school facilities can be made.

Accordingly, there is a need to institutionalize the summary titling of lands to
ascertain DepEd's ownership of school real properties and to secure future public
school's development all over the country.

Hence, this earnest request for the immediate passage of this bill.

wale "1AS-AGABAS


wCeuaneene

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Republic of the Philippines
HOUSE OF REPRESENATATIVES,
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO.4{58.

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

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

SECTION 1. Purpose of this Act. - \tis 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
lucation" 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 forthe acquisition of real property

of public schools under the Department which have been utili
such for at least five (5) years preceding the effectivity of this Act,
which are composed of the following:

a) Lands of the Public Domain; and

b) Those that are owned, whether registered or otherwise, by persons or
entities other than the Department.

SECTION 3. Primafacie Ownership by the Department of Unregistered
Land. — The Department shall be 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 to establish that the school site is untitled and that it has been
used as such for at Icast five (5) years, Provided, the notice requirements
provided for in Section 23, Presidential Decree (P.O.) No. 1529 must be
observed.



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SECTION 5. Transfer of Qualified School Sites Owned by the
National Government. -A\l 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 Governmentn Units through
donation, negotiated sale, expropriation or any modes of acquisition as
provided by law.

SECTION 7. Unaccepted Donations. -A\l unaccepted donation 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 the right-of-way, site or location or 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.

SECTION 9. Summary Expropriation of Qualified 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 schools sites, and that the taking is for public use and 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.

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 aircady
paid and just compensation.

SECTION 10. Order of Registration Immediately Executory. - All
judgments ordering the registration of a qualified school site shail 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 as determined by the court.



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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. - 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 shall 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 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. Implementing 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 (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.



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SECTION 18. Separability Clause. - \f 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. Repeating Clause. -All laws, decrees, rules and regulations
or other issuance or parts thereof inconsistent with the provisions of this
Act are hereby repealed, amended 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,