Adopted: 04 March 2015
Date Filed: 09 March 2015
Pursuant to Section 4 (Special Patents) and Section 7 (Implementing Rules and Regulations) of Republic Act No. 10023, otherwise known as œAn Act Authorizing the Issuance of Free Patents to Residential Lands , the following guidelines for public school sites are hereby promulgated:

Section 1. Scope and Coverage - These guidelines shall cover alienable and disposable public agricultural lands actually possessed, occupied and used for public schools of all levels and classification under the supervision and control of the Department of Education (DepEd) and the Commission on Higher Education (CHED) regardless of period of possession. It shall also include all other lands devoted to providing education related services such as, but not limited to, those used for offices, canteens, gardens, athletic fields, sports complex, sports courts, clinics, gymnasiums, car parks, science centers, nature parks and other related areas.

School sites with existing proclamations but are still untitled are also covered under this Order for the purpose of issuance of Special Patents.

Section 2. Definition of Terms - As used in this Order, the following terms shall be construed to mean as follows:

1. Agricultural lands - refer to such lands of the public domain subject to alienation and disposition by the State in accordance with the Public Land Act, as amended, and other related laws.
   
2. Alienable and Disposable lands - public lands that are susceptible of being disposed to qualified beneficiaries under applicable laws and regulations providing for land disposition. It shall include all public agricultural lands that are covered by different deeds of conveyance in the name of the proposed school site but are still untitled and are not under any court process.
   
3. Approved of plan - refers to a survey plan showing the metes and bounds of a parcel of agricultural land (alienable and disposable) and other pertinent information, verified and approved by proper DENR authority.
   
4. CENR Office - as used in this Order, refers to the Community Environment and Natural Resources Office or an Implementing PENR Office in provinces where there is no CENR Office.
   
5. CHED - Commission on Higher Education
   
6. DepEd - Department of Education
   
7. PENR Office - Provincial Environment and Natural Resources
   
8. Public use or public purposes - utilization of parcels of land exclusively by the government or any of its instrumentalities in providing services to the general public, such as, but not limited to, market places; town, city, provincial, or barangay halls; hospitals, clinics and health centers; police stations, outposts, jails, and the like. It shall also refer to the utilization of parcels of land for structures which are open to the general public, including, but not limited to, public plazas, parks, resorts, playgrounds, public parking lots and the like.
   
9. Special Patent - a public instrument issued by the government confirming the grant by the State of the ownership over a parcel of agricultural land (alienable and disposable) in favor of a grantee.

Section 3. To Whom Special Patent for Public Schools is Issued - School site Special Patents shall be issued under the name of the Republic of the Philippines, Department of Education and the name of the school as indicated in the Judicial Form.

For school sites under CHED, the title shall be issued under the Name of the School and the Republic of the Philippines.

Section 4. Who May Request for the Issuance of a Special Patent - The Superintendent of the Division of Schools or any authorized Officer of the DepEd Central Office may request for the issuance of a school site Special Patent.

For school sites under the jurisdiction of CHED, any authorized officer of the CHED or the higher educational institution may request for the issuance of a Special Patent.

Section 5. Requirements for Requesting for the issuance of a School Site Special Patent - The following requirements are necessary for the processing of the request for issuance of the school site Special Patent:

1. For the DepEd or CHED
   
   
   1. Request by the Superintendent of the Division of Schools or Authorized Official from the DepEd Central Office, authorized officer of CHED or higher educational institution, as the case may be, for the issuance of Special Patent;
      
   2. Historical background of possession/occupation;
      
   3. Recent photographs showing the panoramic view of the area as well as adjacent areas, vicinity improvements introduced, buildings, landmarks, identifying features, settlements, if any, etc.; and
      
   4. Certification of no pending land registration application over the proposed area issued by the Regional Trial Court (RTC)/Land Registration Authority (LRA) having jurisdiction over the land.
      
   
   
2. For the Department of Environment and Natural Resources
   
   
   1. Copy of Cadastral Map or Survey plan of the land duly approved by the concerned DENR Regional Office; and
      
   2. Copy of Technical Description of the parcel of land subject of the application.
      
   3. Certification that the land is classified as A and D/agricultural

Section 6. Procedure for the processing of requests. - Request for the issuance of Special Patents for public schools shall be filed in the CENR Office (or implementing PENR Office) that exercises jurisdiction over the area where the parcel of land subject of the request is situated. For public school sites in the National Capital Region, the request shall be submitted and processed at the DENR NCR Regional Office.

1. At the CENR Office:
   
   
   1. Request for issuances of Special Patents shall be accompanied by the requirements mentioned in Section 5, Par. (A) hereof.
      
   2. Posting of Notices. – Upon receipt of the request. The CENR Office concerned shall cause the posting of notices for fifteen (15) days in the municipal or city hall, barangay hall and the public school premises. The CENR Officer shall issue the certificate of posting or notice after the 15- day period has elapsed.
      
   3. The CENR Office is required to process the request, within a period of the hundred twenty (120) days from the date of filing of the accomplished request form in accordance with RA No. 10023. The 120-day period starts upon filing of an accomplished request for Special Patent. The period for verification with the records (e.g. to determine whether or not a patent had already been issued for the parcel in question) shall be included in the 120-day period.
      
   4. In case the school site has no approved survey, the CENR Officer shall issue a Survey Authority/Order to DepEd or DENR Survey Unit for the survey of the parcel. In such a case, the survey and investigation under the next preceding section shall as far as practicable be accomplished simultaneously. However, the period for approval of surveys shall not be included in the 120-day period.
      
   5. The designated land investigator shall conduct an ocular inspection on the parcel of land, subject of the request for issuance of Special Patent. He/she shall determine the eligibility of the land under the provisions of RA 10023 as well as verify the claims of the requesting party on the land. The land investigator shall acknowledge the receipt of all documents pertaining to the request for the issuance of a Special Patent.
      
   6. The investigation report shall contain, among others, that the land is alienable and disposable and that the land is actually possessed, occupied and used as a public school site.
      
   7. In case an opposition is filed, the 120-day period for processing shall be deemed interrupted. Only oppositions based on a Certificate of Title duly issued to the oppositor over the same parcel shall be given due course. The CENR Officer shall refrain from entertaining oppositions based on frivolous claims.
      
   8. The CENR Officer shall fast track the resolution of all oppositions arising from the Special Patent requests through the use of alternative dispute resolution (ADR) mechanisms. The CENR Officer shall resolve the opposition or make a recommendation within 30 days from the filing of such opposition.
      
   9. Upon approval of the CENR Officer, the request and the complete records of the Special Patent shall be forwarded to the PENR Officer for his/her approval and signature.
      
   10. The CENR Officer shall include all records of the Special Patent in the Land Administration and Management and Management System (LAMS).
       
   
   
2. At the PENR Office:
   
   The PENR Officer shall have five (5) days from receipt of the transmittal from the CENR Officer to approve or disapprove the Special Patent request. In the NCR, the Regional Director shall approve and sign the Special Patent.
   
   In case of disapproval of the request, the same is without prejudice to the re-filing thereof.

Section 7. Patent Numbering. - The PENR Office shall assign a unique number for every Special Patent approved and signed by him. Such number shall have a prefix representing special patent (SP), School site (Sch), a three-letter provincial code (ex. Abra-ABR) and a 4 digit sequential number beginning with 0001 for every province. The list of the three-letter provincial code is attached in this Order as Annex 1.

Ex. Special Patent No. SP-Sch-ABR-0001 for the first special patent issued in the province of Abra under this Order.

Section 8. Pending Applications. - Pending Special Patent applications or requests for proclamations on lands actually used for educational purposes shall be automatically converted to request for issuance of Special Patents under RA 10023 unless otherwise disqualified from the provisions of the law and this Order. For this purpose, the documentary requirements submitted to support the application or request for proclamation shall, as far as practicable, be used in the application for Special Patents.

Upon the effectivity of this Order, all applications or requests for Special Patents that are under process or review at the PENROs, Regional Offices, the Land Management Bureau and the DENR Central Office shall be forwarded to the concerned CENRO or Implementing PENRO, as the case may be, for further action.

The land investigator concerned shall see to it that the application is amended accordingly and updated to comply with the requirements under RA 10023 and this Order. The CENRO shall also notify the requesting party of the new procedure for the issuance of the Special Patent.

Section 9. Transmittal to the Registry of Deeds. - Upon the approval of the Special Patent by the PENR Officer, he/she shall transmit the Patent to the Registry of Deeds for registration. The PENR Office shall inform the requesting party of the transmittal.

The requesting party for the issuance of the Special Patent shall bear all necessary expenses for the registration of the Patent and the duplicate copy thereof, including the copy for submission to the Land Management Bureau (LMB) for recording purpose.

Section 10. Monitoring. - The PENR Office shall forward a copy of the processed request for Special Patent to the LMB through channels, for monitoring and recording.

Section 11. Separability Clause. - If, for any reason, any section or provision of this Order is declared null and void, no other section, provision or part thereof shall be affected and the same shall remain in full force and effect.

Section 12. Repealing Clause - All orders, circulars, memoranda and other issuances inconsistent herewith are hereby repealed, amended and/ or modified accordingly.

Section 13. Effectivity. - This order shall take effect fifteen (15) days after the publication thereof in a newspaper of general circulation and acknowledgement of receipt of a copy thereof by the Office of the National Administrative Register (ONAR).


(SGD) RAMON J.P PAJE
Secretary