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School Sites: Ronalyn B. Lucena-Barawid
School Sites: Ronalyn B. Lucena-Barawid
N B. L UC E NA -B A RAWID
RONALY
ATTORNEY III
SDO-QUIRINO
REASONS FOR ACQUIRING OWNERSHIP OVER SCHOOL
SITES (DECS ORDER NO. 57, S.1995)
• TO SAFEGUARD THE INTEREST OF THE SCHOOL AGAINST RECONVEYANCE SUITS AND CLAIMS FOR
PAYMENT OF PARCELS OF LAND USED AS SCHOOL SITES FILED AGAINST THE DEPARTMENT BY PRIVATE
INDIVIDUALS OR ENTITIES (HEIRS) CLAIMING OWNERSHIP OVER SAID PROPERTIES;
- IT MUST BE ABSOLUTE IN CHARACTER IN SUCH A WAY THAT IT DOES BOT IMPOSE ANY ONEROUS
CONDITION OR BURDEN IN THE DEPARTMENT;
- IT MUST BE DULY REGISTERED WITH THE REGISTRY OF DEEDS WHICH MEANS IT IS ANNOTATED ON THE
MEMORANDUM OF ENCUMBERANCES AT THE BACK OF THE TITLE.
USUFRUCT
• THE PROPERTY IS REGISTERED IN THE NAME OF AN INDIVIDUAL, MUNICIPALITY OR CITY BUT IS NOT
ALLOWED TO BE DONATED BUT THE SCHOOL IS ALLOWED FULL USE OR PERPETUAL RIGHT OF USE THROUGH
GRATUITOUS ACT
• A CONTRACT OF USUFRUCT MUST BE EXECUTED WITH THE OWNER FOR AS LONG AS THE PROPERTY WILL BE
USED SOLELY AND EXCLUSIVELY FOR EDUCATIONAL PURPOSES;
• THE CONTRACT SHALL DEFINE THE CLEAR TERMS AND CONDITIONS ESPECIALLY ON THE OWNERSHIP OF
BUILDINGS AND OTHER FACILITIES THAT WILL BE BUILT ON THE LOT;
• THERE MUST ALSO BE A CLEAR PROVISION ON THE PARTY WHO WILL PAY THE REAL PROPERTY TAXES.
ABSOLUTE DEED OF SALE
• MOST ENCOURAGED MODE OF ACQUIRING OWNERSHIP SINCE THIS IS THE MOST RELIABLE, STABLE AND
NON-CONTROVERSIAL MODE OF ACQUISITION;
• A NEW TORRENS TITLE AND REGISTRY WITH THE REGISTRY OF DEEDS SHOULD BE TURNED OVER TO THE
SCHOOL ADMINISTRATOR.
EXCHANGE
• IT MAY BE RESORTED TO BUT EXTREME CARE AND CAUTION MUST BE EXERCISED IN SUCH A WAY THAT
THE GOVERNMENT (SCHOOL) WILL STAND TO GAIN AND NOT TO LOSE IN THE TRANSACTION SINCE THE
LOTS BEING EXCHANGED MAY NOT BE OF THE SAME SIZE AND/OR VALUE.
• AMMOGAOEN ES • PIMENTEL ES
• GUINAGAT ES (CO-SURVEY)
• PALLUTAN ES (CO-SURVEY)
HAPPY WORLD TEACHER’S DAY!!
• THANK YOU!!!