GUIDELINES ON THE

ACQUISITION OF SCHOOL
SITES
RICHIE H. SALUBRE
LEGAL BASES

• Republic Act No. 10964 ( GAA 2018)

• Republic Act No. 10752 (An Act to Facilitate the Acquisition of Right-Of-Way, Site or
Location for National Government Infrastructure Projects and for Other Purposes)
DETERMINATION OF THE NEED FOR THE ACQUISITION OF NEW
SCHOOL SITES

SDS to determine congested

schools.
If the PCR/SCR results in a
ratio greater that 45:1, the
school is considered
congested; if the PLR/SLR
values is less than 10:1,
connotes the lack of buildable
space in the school site; If the
PCR/SCR values greater than
56:1 and PLR/SLR values
below 3:1 is indicative of acute
school congestion.
SDS shall proceed to acquire
SDS to identify properties
the properties through
viable for acquisition. Submit
donation, negotiated purchase,
report to RO for Review and
and expropriation respectively,
approval. RO to CO for
upon the directives of the
recommendation.
Central Office (CO).
Modes of 1. Donation
2. Negotiated Purchase
Acquisition of 3. Expropriation
School Sites

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 Posting of call for donation.

Meeting with potential donor and ocular

inspection of the property. Submit
DONATION Inspection report to RO for approval and
recommendation for site acquisition.

Execute a Deed of Donation. Process the

transfer of property in the name of DepEd.

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 SDS shall prepare an offer of the
purchase price of the property based on
the current zonal valuation of the BIR in
the said area.

SDS shall prepare the Deed of Sale and

other pertinent documents of the
property and submit it to the RO for
review and recommendation to CO. RO
to CO for request of SPA and budget.

Execute Deed of Sale. CO shall request

NEGOTIATED SALE the downloading of the budget to the
RO/SDS concerned and the property
owner shall be paid the purchase price of
the property.

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 The SDS shall recommend that expropriation proceedings be initiated against
the property owner. The RO shall review the documents submitted by the SDS
and approve the recommendation of the SDS.

Ex- Parte Motion for Issuance of Writ of Possession with the RTC. The court shall

EXPROPRIATION
issue a Writ of Possession to the plaintiff (DepEd represented by the SDS)
ordering the sheriff or the proper officer to place the plaintiff in possession of
the property.

When the decision of the court becomes final and executory, the SDS shall request for
budget to pay the difference between the amount the property owner has received and the
just compensation due the property owner as decided by the court in the expropriation
case, the request shall be forwarded to the RO for recommendation and approval. Upon
release of the budget, DepEd shall pay the property owner the difference between the
amount already paid and the just compensation as determined by the court.

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Other Requirement for Acquisition of New Site

• Pursuant to the provision of the aforementioned GAAs (FYs 2016 and 2017) in the
acquisition of new school sites, the Department shall take into consideration the
vulnerability, risk assessment and geohazard maps of the DENR. Thus, the Schools Division
Offices concerned shall request a certification from the Department of environment and
Natural Resources (DENR)- Mines and Geosciences Bureau (MGB) that the property to be
acquired is suitable for a school site.
GUIDELINES ON THE TITLING OF SCHOOL SITES

1. File and secure the required documents at the Office of the Bureau of Internal Revenue
Regional District (BIR RDO). Before making their way to the office, personnel concerned must
make sure to have secured the complete list of all the necessary documents.
a) Original copy and (2) photocopies of the Notarized Deed of Absolute Sale/Deed of Donation
b) (1) Owner’s duplicate copy and (2) photocopies of the Transfer Certificate of Title (TCT)
c) (1) Certified True Copy and (2) photocopies of the latest Tax Declaration for land and
improvement of the real property. If the property sold/donated is vacant or no
improvements, secure a Sworn Declaration of No Improvement or Certificate of No
Improvement issued by the City or Municipal Assessor;
d) Tax Identification Numbers (TINs) of the Seller/Donor and Buyer/Donee v. Special Power of
Attorney and/or judicial or extra-judicial settlement of estate must be secured, if the person
signing on the document is not the owner as it appears on the TCT.
GUIDELINES ON THE TITLING OF SCHOOL SITES

2. Secure assessment of transfer taxes at the BIR and Authorized Agent Bank (AAB) or
Municipal/City Treasurer’s Office. After filing the required documents, a BIR representative
will calculate your Capital Gains Tax (CGT) or Donor’s Tax (DT), and Documentary Stamp Tax
(DST).
3. File documents at the BIR for the issuance of Certificate Authorized Registration (CAR) or
BIR Clearance.
4. Pay the Transfer Taxes and Secure the Tax Clearance at the Local Treasurer’s Office.
5. File documents at the Registry of Deeds for the issuance of new land title.
6. File documents at the Municipal or Provincial Assessor’s Office for the issuance of new Tax
Declaration
Procedures in the Application of School Site Special Patent

1. Secure the following documents that should form part of the special patent request file/folders:
a) Request for Issuance of School Site Special Patent form from the Division Legal Unit
b) Historical background with panoramic view of the land and its improvements (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.
c) Court/Land Registration case on the land or any portion of it
d) Copy of the approved survey
2. Submit the documents to the CENRO/PENRO Office having jurisdiction over the school site.
3. File documents at the Registry of Deeds for the issuance of new title.
4. File documents at the Municipal or Provincial Assessor’s Office for the issuance of Tax
Declaration.
NOTE: All original copies of documents of ownership of public school sites shall be in the custody of the
Schools Division Office, through its Records Office. Copies of school sites ownership documents may be
requested by the school concerned and the SDO Legal Unit when needed.
 Thank You!

Legal Unit