SCHOOL SITES

Survey, Registration and Presidential Proclamation

MTE 506 PRESENTED BY: JOHN ISIDRO J. ANTIC

Requirements:

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 Requirements:
LOCATION/ENVIRONMENT
- provides an environment conducive to learning
- far from cockpits, malls, gambling dens, cinema
houses, beer and videoke joints, jails, industrial
establishments, military quarters, public markets,
slaughterhouses, or garbage dumps.
ACCESSIBILITY
- easily accessible to the greatest number of
pupils/students.
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TOPOGRAPHY
- level and should have no irregular boundaries.
SOIL CONDITION
- agricultural land with sandy loam
SIZE
a. Non-central school with one(1) or two (2) classes
only and no grade IV- 0.5 hectare
b. Central school with six(6) classes and non central
school with three to four (3-4) classes1.0 hectare
c. Schools with seven to nine (7-9) classes-2.0
hectares
d. Schools with more than (12) classes – 4.0
hectares
 Requirements: Size

5. SIZE
Minimum (Elementary School)
a. Non-central school with one(1) or two (2) classes only and no grade IV- 0.5 hectare
b. Central school with six(6) classes and non central school with three to four (3-4) classes1.0 hectare
c. Schools with seven to nine (7-9) classes-2.0 hectares
d. Schools with more than (12) classes – 4.0 hectares

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 Requirements:

ALTERNATIVES:

For Rural Areas

a. central school with six (6) classes and non central school with three to four (3-4) classes – 0.5
hectare
b. schools with seven to ten (7-10) classes – 1.5 hectare
c. schools with more than ten (10) classes – 2.0 hectares

For Urban Areas

a. central school with six (6) classes and non-central school with six to ten (6-10) classes - 0.5 hectare
b. schools with eleven to twenty (11-20) classes0.75 hectare
c. schools with more than 20 classes - 1.0 hectare

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 Requirements:

SECONDARY SCHOOLS VOCATIONAL SCHOOLS FOR TRADE,

TECHNICAL HOME INDUSTRIES AND
Urban Areas NON-TRADITIONAL
500 students or less - 0.5 hectare  
501 to 1000 pupils - 1.0 hectare Schools - 4.0 hectares
1,001 to 2,000 pupils - 2.0 hectare Agricultural Schools - 30 hectares
2,001 to 3000 pupils - 3.0 hectare Fisheries - 10 hectares 50% of which shall be for
fishpond
Rural Areas
50 to 300 pupils - 0.5 hectares
301 to 500 pupils - 1.5 hectares 501 to
1,000 pupils - 3 hectares

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 Modes of Acquisition

Modes of Acquisition
1. Purchase - direct purchase from the legal owner who voluntarily sells it on
an agreed price. Source of Funds:
a. Capital Outlays of the Department
b. Local School Board Fund
c. Appropriations by the LGU
If a school site is purchased using the Capital Outlays of
the DepEd, the Deed of Sale should be executed in favor of
the Republic of the Philippines, Department of Education.
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 DepEd
grants the authority. 7
 Procedures

a. Preparation of a resolution by an appraisal committee

b. Passage of a resolution by the Local School Board or the Council/Provincial Board
authorizing the purchase of the lot.
c. Consultation with the Provincial/City Fiscal as to the legality and validity of the
purchase.
d. Negotiation and perfecting the purchase.
e. Certification of the treasurer or DepEd Accountant as to the availability of funds
f. Execution of the Deed of Sale
g. Filing of an indemnity bond by the seller if the land is not registered.
h. Registration with the Register of Deeds
i. Expenses for the execution and registration of the sale is borne by the seller, unless
there is a stipulation to the contrary
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 Donation/Usufruct

Donation/Usufruct - may either be simple, conditional, intervivos or mortis

causa.
a. Simple donation – a person disposes gratuitously a piece of land in favor of
the municipality, city, province, or the Republic of the Philippines.
b. Conditional Donation - imposes a condition such as “that the land should be
used only for education”
In both cases, the donation must be accepted during the lifetime of the donor,
otherwise it is not considered perfected.
c. Intervivos - takes effect during the lifetime of the donor
d. Mortis Causa - takes effect only after the donor’s death - should conform to
the formalities required of a last will

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 Donation/Usufruct

e. Donation is made through a public document and acceptance maybe made in a separate
public document.
f. Regional Director or Schools Division Superintendent may accept the donation in behalf of
the Republic of the Philippines. Local Chief Executive may accept the donation in behalf of
the province, city or municipality.

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Procedures (Donation/Usufruct)

1 Execution of a Deed of Donation

2 Acceptance of the donation by the donor
3 Acknowledgement in writing by the donor
4 Issuance of the opinion of the Fiscal as to the validity of the Deed of Donation
5 Registration with the Registry of Deeds

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 Expropriation

Expropriation - the act of taking land for public use by right of eminent domain
eminent domain - the right or power of the state to take private property for
public use usually at an adequate compensation.
a. Prerequisites
a.1 LGU to establish the suitability of the property to be acquired for the
use intended
a.2 Offer to buy and Contract of Sale
a.3 Conference for the purpose of reaching an agreement on the selling
price
a.4 Contract of sale
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 Expropriation

b. Proceedings
b.1 Filing of Expropriation Proceedings in the proper court
b.2 Taking possession of the property
c. Payment - to be determined by the proper court based on the fair market value at the
time of the taking of the property.

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 Barter or Exchange

Barter or Exchange - an existing school site may be exchanged for a new site for
justifiable reasons.
Requirements:
a. Resolution by the Sangguniang Panlalawigan/Panlungsod/Bayan
b. Statement of agreement from the owner of the lot
c. Sketches of the sites Requirements
d. Information as to how the lots were required
e. Deed of Exchange f. Written Opinion of the Fiscal
g. Approval of the DepEd
h. Registration with the Registry of Deeds

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 Presidential Proclamation

Presidential Proclamation - public land may be reserved for school purposes by

proclamation of the President of the Philippines.
Requirements:
a. Resolution by the Sangguniang Panlalawigan / Panlungsod / Bayan
b. Certification as to the availability of funds for the survey of the land
c. Certification by the Schools Division Superintendent as to suitability of the land for
school purposes
d. Report showing the average attendance in the school during the previous school year,
the area of the land sought to be reserved, and a school site development plan. e. The
documents should be forwarded to the President through the Regional Director and DepEd
for approval.
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School Site Special Patents Special patents covering
public lands for use as school sites are not new. The
Department of Environment and Natural Resources
(DENR) under Commonwealth Act (CA) No. 141 has
been issuing special patents for decades. Under the
provisions of CA 141, there is a need for reservation of
public lands for use as school sites through a Presidential
Proclamation initially, before patent is issued

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 Bases of DENR ADMISTRATIVE ORDER (DAO) NO.
2015-01

▪ Section 4 of RA 10023 provides that public land actually occupied and used
for public schools may be issued special patents.
▪ Section 6 provides that the CENRO is mandated to process the special patent
within 120 days and the PENRO to approve or disapprove within 5 days.
▪ Section 7 provides for the authority of the DENR to promulgate Rules and
Regulations to carry out the provisions of the law.

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 Scope and Coverage All public school sites are covered as long as they are:

• Classified as agricultural land (alienable and disposable)

• Actually possessed, occupied or used as public school site regardless of period
of possession;
• All levels (eg. kinder, primary, junior high school, senior high school, tertiary,
vocational); and
• All other lands devoted to and incidentally used for education and education
related services such as offices, canteens, gardens, athletic fields, sports complex,
sports courts, clinics, gymnasiums, car parks, science centers, nature parks and
other related areas.

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 To whom will title be issued?

▪ Title shall be issued under the name of the

Republic of the Philippines, the Department of
Education (DepEd) or Commission on Higher
Education (CHED) and the name of the school.

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Filing of Request at the CENRO
Office/Implementing PENRO Office
(Regional Office for the National Capital
Region)
 a. Who can file request?

The request for the issuance of a school site special patent may be submitted by:
i. The Superintendent of the Division of Schools in charge of the school being applied for (it
is NOT necessary to require copies of appointment papers of the Superintendent);
ii. Any authorized officer of the DepEd Central Office (a written authorization allowing the
officer to request for the issuance of a special patent MAY be required to be submitted);
iii. Any authorized officer of the CHED (a written authorization allowing the Officer to
request for the issuance of a special patent MAY be required to be submitted); and
iv. Any authorized officer of the higher educational institution ex. State University (a written
authorization allowing the Officer to request for the issuance of a special patent MAY be
required to be submitted).

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 b. Where to file request?

i. The request can be filed at the CENRO Office having jurisdiction

over the school site;
ii. The request can be filed at the Implementing PENRO Office
having jurisdiction over the school site; or
iii. The request can be filed at the DENR-NCR Regional Office for
school sites in the National Capital Region.

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 c. When to file request?

▪ The request can be filed anytime but the request will only be
officially accepted, recorded, and dated upon complete filing
thereof with all the necessary attachments.

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 d. What to file?

The essential documents that should form part of the special patent
request file/folder are:
i. Request for Issuance of School Site Special Patent form
accomplished and sworn to under oath (annex of DAO 2015-01);
ii. Historical background of possession (narrative on the how the
school came into possession of the school site including relevant
dates). This should only contain the information on how the total
land area came into the possession of the school;

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 d. What to file?

iii. Recent photographs with panoramic view of the land and the improvements
thereon (photographs must show the front of the school site, adjacent areas,
vicinity and preferably, photos of the perimeter features including natural and
man-made landmarks, identifying features settlements, fences, etc.);
iv. Court/Land Registration Authority certification that there is no pending land
registration case on the land or any portion thereof; and
v. Copy of the approved survey.

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GUIDELINES FOR THE PROCESSING AND
ISSUANCE OF SPECIAL PATENTS FOR
PUBLIC SCHOOL SITES UNDER REPUBLIC
ACT NO. 10023

FEF-School-Titling-Brochure_final.pdf