School Site Acquisition and

Documentation for All

Public Elementary And
Secondary Schools

D.O. 57, s. 1995

 In spite of numerous issuances to the
field relative to the problem of school
sites (registration, titling, squatting), this
Office continues to receive information
on disputes regarding school site
ownership. Claims for payment for sites
have also been submitted to DECS.
REASONS FOR ACQUIRING SCHOOL
SITES

1. To safeguard the interest of the school against

reconveyance suits and claims for payments of
parcels of land used as school sites filed against the
Department by private individuals/entities (heirs)
claiming ownership over said properties (e.g.
squatting, undue disposition, boundary disputes, etc.
REASONS FOR ACQUIRING SCHOOL
SITES

2. To generate data to facilitate the

allotment of national appropriations for
school buildings, furniture (desks, etc.) and
possibly securing torrens title to
unregistered school sites
REASONS FOR ACQUIRING SCHOOL
SITES
3. To support site ownership requirements
necessitated by foreign-assisted projects
such as JICA, SEDP, etc.
 To ensure that the DECS has an
updated record of the status of school sites
to serve the objectives cited earlier, the
Regional Directors and Schools Division
Superintendents are enjoined to conduct an
inventory of school sites as contained in
DECS Memorandum No. 83, s. 1995
entitled “Inventory of All Real Properties”.
Only partial reports have been so far
received. It is expected that a complete
report be submitted not later than Nov. 30.
 The inventory should form part of the
Regional/Division/School Educational
Management System (EMIS). Efforts to
acquire titles to untitled school sites are
necessary to avoid being the subject of
disposal, sale, lien, or use other that what is
specified.
GUIDELINES FOR THE ACQUISITION OF
SCHOOL SITES
DECS discourages the use of its funds to
purchase school sites or properties. However,
beginning with CY 1996 budget of DECS, the
allocation of capital outlay may be used for the
acquisition or improvement of school site (D.O.
23,s. 1995 “Rules and Regulations for the
Implementation of R.A. 7880”
GUIDELINES FOR THE ACQUISITION OF
SCHOOL SITES

1. Donation of Land.
2. Contract of Usufruct
3. Absolute Deed of Sale
4. Exchange
 DONATION OF LAND

 This must be duly accepted either on

the Deed of Donation or in a separate
document by the DECS Secretary or his
representative, provided, that the same is
absolute in character,
 DONATION OF LAND

 that is, the donation does not impose

any onerous condition or burden on the
Department, and must be duly registered
with the Register of Deeds, and the
appropriate memorandum of transfer is
annotated on the back of certificate of
title.
 CONTRACT OF USUFRUCT

 In case the property is registered in the

name of an individual, municipality or city
but is not allowed to be donated, but
DECS (the school) is allowed full use or
perpetual right of use through gratuitous
act (without consideration),
 CONTRACT OF USUFRUCT

 a Contract of Usufruct with the

registered owner for as long as the
property is to be solely and exclusively
used for educational purpose is
executed. The contract must be
registered with the Registry of Deeds and
duly annotated on the certificate title.
 CONTRACT OF USUFRUCT

 The contract shall define in clear terms

the conditions relative to the use of land,
the control and supervision of the school
site, particularly the ownership of the
building or facility constructed as well as
the party responsible for all real property
taxes that may be due and payable.
 ABSOLUTE DEED OF SALE

 DECS encourages the LGU to provide for

this, since it is the most reliable, stable
and non-controversial mode of
acquisition.
 A new Torrens Title and registry with the
Register of Deeds should be turned over
to the school administrator.
 EXCHANGE

 This may be resorted to with the school

administrators exercising care and
caution that in the exchange process, the
government (school) will stand to gain
and not to lose in the transaction since
the lots being exchanged may not be the
same size and/or value.
 EXCHANGE

 This transaction should again be

registered with the Register of Deeds.
 Sites covered by Presidential
Proclamation and/or declared as
Reservation Areas:
Public lands declared as reservation areas
(including ancestral lands) through Presidential
Proclamation are sometimes targeted as sites
for educational purposes. In some instances,
DECS may be able to acquire a parcel thereof
as school site with the least cost using the
following procedures/guidelines:
1. Upon request of the residents, a
Resolution is passed expressing the
realization of the urgent need to provide
for and establish a public elementary
school in the locality in order to give the
residents (cultural minorities, special
groups, etc.) therein the opportunity to
avail government’s policy of free
elementary education to all.
 As manifested in the resolution, there is a need
for a survey and mapping of the portion of the
reservation area intended for a school site with
the residents expressing their approval of the
said school project. ( A survey fee is needed for
this activity).
 The residents agree between and among
themselves for their own benefit to donate to the
DECS the one (1) hectare proposed school site.
 The DENR which has jurisdiction over
government reservation areas will transfer the
title and ownership to the DECS through a
Memorandum of Agreement (MOA) with the
Secretaries of both agencies as signatories.
 The newly acquired property should be
registered with the Register of Deeds and
annotation of the same would be reflected in the
title.
 A new title issued to the DECS should be worked
out with the Register of Deeds (some minimal
amount will be needed for this purpose).
 On sites covered by by Comprehensive
Agrarian Reform Program (CARP)

Upon the effectivity of the Act (RA

#6657) signed on June 10, 1988, any sale,
disposition, lease, management contract or
transfer of possession of private lands
executed by the Original Landowner shall
be null and void;
On sites covered by by Comprehensive
Agrarian Reform Program (CARP)

 Those executed prior to the Act shall be valid until

only when registered with the Register of Deeds
within a period of three (3) months after the
effectivity of the act. Thereafter, all Register of
Deeds shall inform the DAR within (30) days of
transaction involving agricultural lands in excess of
five (5) hectares.
On sites covered by by Comprehensive
Agrarian Reform Program (CARP)

 Excluded and exempted from coverage of the Act

are school sites and campuses including
experimental farm stations operated by public or
private schools for educational purposes, and
seeds and seedlings research and pilot production
centers.
On sites covered by by Comprehensive
Agrarian Reform Program (CARP)

 In case a parcel of land after the lapse of five (5)

from its award has ceased to be economically
feasible and sound for agricultural purposes, or the
locality has become urbanized and the land will
have a greater economic value for residential,
commercial or industrial purposes, the DAR, upon
application of the landowner, with due notice to the
affected parties, and subject to existing laws,
On sites covered by by Comprehensive
Agrarian Reform Program (CARP)

may authorize the reclassification or conversion of the

land and its disposition as non-CARP property:
provided, that the beneficiary shall have fully paid his
obligation. A parcel of the reclassified land may be
opted for school site purposes and the owner may
either donate or enter into a Contract of Usufruct with
DECS for this matter.
GUIDELINES FOR THE ACQUISITION OF
SCHOOL SITES

4. For sites under the jurisdiction

/administration of DENR, NHA and/or other
government agencies/entities,
arrangements may be made to acquire
parcels of land for school site purposes,
through the Contract of Usufruct.
GUIDELINES FOR THE ACQUISITION OF
SCHOOL SITES

5. If a parcel of land is presently used for

school site purposes without any adverse
party-claimant, appropriate steps to
ascertain the probable basis for DECS to
acquire a title should first be taken before
any further construction is undertaken.
GUIDELINES FOR THE ACQUISITION OF
SCHOOL SITES

The results of the verification together with

the available and/or complete records
should be forwarded to the DECS Central
Office for appropriate legal attention and
action.
GUIDELINES FOR THE ACQUISITION OF
SCHOOL SITES

6. In cases where transfer cannot be

effected due to lack of the subdivision plan
segregating the conveyed area from the
main portion of the property, steps to have
a subdivision survey should be taken.
GUIDELINES FOR THE ACQUISITION OF
SCHOOL SITES

Expenses for survey are authorized to be

disbursed from the funds of the Region applying
the Implementing Rules and Regulations (IRR)
of RA 7880.
GUIDELINES FOR THE ACQUISITION OF
SCHOOL SITES

Thereafter, the land should be registered

with the Registry of Deeds of the province or
city where the land is located and appropriate
memorandum thereof annotated at the back of
certificate of title.
GUIDELINES FOR THE ACQUISITION OF
SCHOOL SITES

4. To ensure that the DECS has an updated

record of the status of school sites to serve the
objectives cited earlier, the Regional Directors
and Schools Division Superintendents are
enjoined to conduct an inventory of school sites
as contained in DECS Memorandum.No. 83,
GUIDELINES FOR THE ACQUISITION OF
SCHOOL SITES

series of 1995 entitled “Inventory of All Real

Properties”. Only partial reports have been so
far received. It is expected that a complete
report be submitted not later than November.
GUIDELINES FOR THE ACQUISITION OF
SCHOOL SITES

5. The inventory should form part of the

Regional/Division/School Educational
Management System (EMIS). Efforts to acquire
titles to untitled school sites are necessary to
avoid being the subject of disposal, sale, lien or
encumbrance, or use other than that what is
specified.
GUIDELINES FOR THE ACQUISITION OF
SCHOOL SITES

6. An inter-agency ad-hoc committee will be

proposed preferably lawyers from DECS
Central Office, DECS Regional Office, Solicitor
General’s Office, DOJ, DAR and DENR to
address the legal problem of squatters,
registration of unregistered land.