Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon

SEVENTEENTH CONGRESS
First Regular Session
: 395

HOUSE BILL NO.

Introduced by REP. EVELINA G. ESCUDERO

EXPLANATORY NOTE

Education plays an essential role in the overall development effort of the nation particularly
in tapping the potentials and hamessing 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 locations, 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 leaseagreements with
private individuals.

On the other hand, there are parcels of lands which 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 results to
endless court litigations. Most of these cases are pending in court for several years and 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 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 will cover
all sites of public schools under the DepED which have been utilized as such for at least five (5)
years preceding the effectivity of this proposed measure, which are composed of the following

a) 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.

Moreover, if enacted into law, this measure will enable the school authorities to have direct
control and supervision over the land occupied by the public schools.

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

EVELINA G, ESCUDERO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Regular Session

4395

HOUSE BILL NO.

Introduced by REP.

VELINA G. ESCUDERO

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

Be it enacted by the Senate and the 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.

SEC. 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.

SEC. 3. Prima Facie Ownership by the Department of Unregistered Land. -The
Department shall be the prima facie owner of all unregistered qualified school sites.

s 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)
y Provided, the notice requirements provided for in Section 23, Presidential Decree (P.D.) No.
1529, shall be observed.

SEC. 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,

SEC. 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,

SEC. 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.

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
ageney or department concerned.

SEC. 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 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.

SEC. 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.

SEC. 11. School Sites under Contract of Usufruet. - 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.

SEC. 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.

SEC. 13. Expeditious Registration of Land Titles for School Sites. - The Registry of
Deeds, Bureau of Internal Revenue and Local Government Units concemed 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.



SEC, 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 National
Government Agencies and Local Government Units involving titling and registration of its current
school sites.

C. 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 Local Government Code of 1991.

SEC. 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.

SEC. 17. Rules and Regulations. - The Department of Justice (DO), 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.

SEC. 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.

SEC. 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

SEC. 20. Effeetivity. - 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,