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(3° RECEIVED
1 are. OCT 0 1 2019
Republic of the Philippines ry
HOUSE OF REPRESENTATIVES 2, BY.
Quezon City ey
N ey We
EIGHTEENTH CONGRESS Woex &Y

First Regular Session

HOUSE BILL NO. 4991

Introduced by Representative TYRONE D. AGABAS
AN ACT PROVIDING FOR THE SUMMARY TITLING OF REAL
PROPERTIES USED AS SITES FOR PUBLIC SCHOOLS NATIONWIDE,
AND FOR OTHER PUPOSES

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 school 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.

D. AGABAS
Representative
6% District, Pangasinan



earaneune

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILLNO. 4991

Introduced by Representative TYRONE D. AGABAS

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. — 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 schools 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 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 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. Prima facie Ownership by the Department of
Unregistered Land. - The Department shall be prima facie owner of
all unregistered qualified school sites.

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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 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 modes
of acquisition as provided by law.

SECTION 7. Unaccepted Donations. - All 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
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 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

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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 already paid and 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

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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.

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.

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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,

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