Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress: ~
First Regular Session

3079

+ - HOUSE BILL NO.

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 lacations, 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 whith 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.

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 ag such for at least five (5) years
preceding the effectivity of this proposed measure, which are composed of
the following:

¢) Lands of the public domain;
) 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.

This legislative measure is a counterpart of Senate Bill 1730, which
Senator Francis “Chiz” G. Escudero has authored. With his knowledge and
support, this bill is filed in the House of Representatives. In my shared
vision and commitment with Senator Escudero and the Department of
Education, | am earnestly seeking the immediate approval of this measure
by Congress.

<T~

\ Se n
IN, ROMERO “ ” S. QUIMBO,

Representative
Second District, Marikina City

=



Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Métro Manila

Sixteenth Congress
First Regular Session

HOUSE BILL NO. 3079
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;

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.



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
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. - Ail 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.

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.

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. - 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. 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.

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 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