DECS Service Manual

Section 2. Modes of Acquisition of School Sites

A School site may be acquired through any of the following methods:

2.1 Purchase A school site may be acquired by direct purchase from the legal owner who voluntarily
sells it on an agreed price. The fund may be taken from Capital Oulays of the DECS, from funds of the
Local School Board, or from appropriations set aside by the local government unit. The purchase
must be evidenced by a Deed of Sake duly executed, notarized and registered with the Register of
Deeds.

2.1.1 If a school site is purchased using the Capital Outlays of the DECS, the Deed of Sale should be
executed in favor of the Republic of the Philippines, Department of Education, Culture and Sports.
Authority to purchase should be sought from the President of the Philippines, except when the funds
are appropriated components of the school budget, in which case the DECS grants the authority.

2.2. The procedure for the purchase of a school site is as follows:

2.2.1 Preparation of a resolution by an appraisal committee composed of the Provincial/City

Assessor as Chairman, and Provincial/City Auditor as member, stating the fair market balue of the lot
sought to be acquired.

2.2.2 Passage of a resolution by the Local School Board of the Sangguniang

Panlalawigan/Panlungsod/Bayan, as the case may be, authorizing the purchase of the lot.

2.2.3 Consultation with the Provincial/City Fiscal as to the legality and validity of the purchase.

2.2.4 Negotiation and perfecting the purchase

2.2.5 Certification of the Municipal Treasurer or DECS Accountant, as the case may be, as to the
availability of funds to be used for the purchase.

2.2.6 Execution of the Deed of Sale

2.2.7 Filing of an indemnity bond by the seller, if the land is not registered.

2.2.8 Registration with the Register of Deeds.

2.2.9 The expenses for the execution and registration of the sale is borne by the seller, unless there
is a stipulation to the contrary.

2.2.10 In case several parcels of land are covered by one (1) deed, each parcel should be described
separately and the technical description of each parcel should include the total area and the
assessed value.

2.2.11 In case of unregistered land, the indemnity bond shall be executed in accordance with the
proper forms. It should cover the assessed value of the land to be purchased, contain the same
description of the land as given in the Deed of Sale, and bear the signature of at least two (2)
witnesses.
Local Gov Code

Section 99. Functions of Local School Boards. - The provincial, city or municipal school
board shall:

(a) Determine, in accordance with the criteria set by the Department of

Education, Culture and Sports, the annual supplementary budgetary needs for
the operation and maintenance of public schools within the province, city, or
municipality, as the case may be, and the supplementary local cost of meeting
such as needs, which shall be reflected in the form of an annual school
board budget corresponding to its share of the proceeds of the special levy
on real property constituting the Special Education Fund and such other
sources of revenue as this Code and other laws or ordinances may provide;

(b) Authorize the provincial, city or municipal treasurer, as the case may be,
to disburse funds from the Special Education Fund pursuant to the budget
prepared and in accordance with existing rules and regulations;

(c) Serve as an advisory committee to the sanggunian concerned on educational

matters such as, but not limited to, the necessity for and the uses of local
appropriations for educational purposes; and

(d) Recommend changes in the names of public schools within the territorial
jurisdiction of the local government unit for enactment by the sanggunian
concerned.

The Department of Education, Culture and Sports shall consult the local school board on
the appointment of division superintendents, district supervisors, school principals, and
other school officials.

Section 100. Meetings and Quorum; Budget. -

(a) The local school board shall meet at least once a month or as often as may
be necessary.

(b) Any of the co-chairmen may call a meeting. A majority of all its members shall
constitute a quorum. However, when both co-chairmen are present in a meeting,
the local chief executive concerned, as a matter of protocol, shall be given
preference to preside over the meeting. The division superintendent, city
superintendent or district supervisor, as the case may be, shall prepare the
budget of the school board concerned. Such budget shall be supported by
programs, projects, and activities of the school board for the ensuing fiscal
year. The affirmative vote of the majority of all the members shall be necessary
to approve the budget.

(c) The annual school board budget shall give priority to the following:

(1) Construction, repair, and maintenance of school buildings and

other facilities of public elementary and secondary schools;
 (2) Establishment and maintenance of extension classes where
necessary; and

(3) Sports activities at the division, district, municipal, and barangay levels.

Legal Bases on the Use of the SEF 3.1 Section 272 of RA No. 7160 provides that the SEF shall be
allocated to the following:

3.1.1 Operation and maintenance of public schools;

3.1.2 Construction and repair of school buildings; 3.1.3 Facilities 1 and equipment;

3.1.4 Educational research:4

3.1.5 Purchase of books5 and periodicals:6and

3.1.6 Sports development.

1
All physical properties of a school, consisting of the grounds, buildings and the various facilities within the
school grounds and inside the school buildings, i.e., school sites, school buildings, school furniture and
equipment.