HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

4350

HOUSE BILL NO.

Introduced by REP. ALFREDO “ALBEE” B. BENITEZ

EXPLANATORY NOTE

Public investment on education is crucial to a nation’s development efforts as it builds

the citizens’ capacity for future progress by ensuring that the youth are equipped with
knowledge and their talents harnessed. In this regard, education has always taken up the largest
chunk of the government's budget. However, there are still a number of factors that impede the

delivery of quality education.

One of these impediments is the backlog on school building which

pacts on the

Filipinos’ right to access quality education. Adding to this problem is the fact that a number of

school sites are unregistered and are subjected to disputes, frequent transfer of locations
and/or revocation of donations of lands where they are situated. Some of the school sites that
were donated lack proper legal documentation of transfer of ownership to the Department of

Education which results to the land disputes filed by some of the relatives of the donors.

This proposed measure would effectively address the issue on the ownership of several
school sites in the country by providing for the summary titling of real properties used a public
school sites. In addition, said bill also declares that DepEd will be the prima facie owner of all

unregistered qualified school sites.

The enactment of this proposed policy shall respond to the problems over land disputes

over school sites and more importantly, allow school administrators to focus in the

improvement and efficient delivery of quality education to their students instead.

In view thereof, the approval of this bill is earnestly sought.

REP. ALFR#DO “ALBEE” B. BENITEZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

nouse Bi no, 4800

Introduced by REP. ALFREDO “ALBEE” B, BENITEZ

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

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) ofthe 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, shalll 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 of 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 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 in the
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 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 school sites, and
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 if Registration Immediately Executory. - All judgments ordering

the registration of a qualified school site shall be final and executory, and not subjected 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 interest 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 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 Oland 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 agencies 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 the National Government Agencies and Local Government Units

involving titling and registration of its current school sites.

SECTION 15. Ecological and Environment Concerns. - \n cases involving the
acquisition of private real property used as public school sites, 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 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 of Environment and Natural Resources (DENR), Department of Finance (DOF), and
the Department of Interior 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 of provision of this Act is held
unconstitutional or invalid, the other parts or provision 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,

amended 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,

Approved,