This document outlines 7 modes of acquiring school sites: 1. Purchase directly from the land owner using Department of Education or local funds 2. Donation by executing a deed of donation, accepting the donation in writing, and registering the deed 3. Contract of usufruct granting perpetual right of use for education if the land cannot be donated 4. Expropriation by filing proceedings and paying just compensation as determined by a court 5. Barter or exchange of existing sites by securing approvals and registering the deed of exchange 6. Presidential proclamation reserving public lands for schools by obtaining certifications and approvals 7. Gratuitous conveyance of government land needed for schools through gift, sale

1. MODES OF
ACQUISITION
OF SCHOOL
SITESLADY DIANNE M. ENRIQUEZ

2. 1. PURCHASE
 A school site may be acquired by 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

3. 2. DONATION
A simple donation is one whereby
a person disposes gratuitously of
a piece of land in favor of the
municipality, city, province or the
Republic of the Philippines.

4. A conditional donation is one
which imposes a condition such
as “that the land shall be used
only for education”.

5. inter vivos - takes effect during
the lifetime of the donor.
Mortis Causa – takes effect only
after the donor’s death and
should conform to the formalities
required of a last will

6. The procedure for acquiring a school site
through donation is as follows:
(1)Execution of a Deed of Donation
(2)Acceptance of the donation by the
donee
(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

7. 3. CONTRACT OF
USUFRUCT In case, the property is registered in the
name of an individual, province, city,
municipality or barangay, but is not allowed
to be donated, but DepED/school is allowed
full use or perpetual right of use through
gratuitous act, a Contract of Usufruct with
the registered owner for as long as the
property is to be solely and exclusively
used for educational purposes is executed.

8. 4.
EXPROPRIATION
Private land desired for school
purposes may be acquired
through expropriation
proceedings.

9. A. Expropriation Proceedings
-Filling of Expropriation Proceedings in
the proper court
-Taking possession of the property
B. Just Compensation/Payment
-to be determined by the proper court
based on the fair market value at the
time of the taking of property

10. 5. BARTER OF
EXCHANGE
An existing school site may be exchanged for
a new site for justifiable reasons. This may be
resorted to with the school administrators
exercising care and caution that in the
exchange process, the government
(DepEd/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.

11. The requirements for this
arrangement are as follows:
a. Resolution by the Sangguniang Panlalawigan/
Panlungsod/ Bayan
b. Statement of agreement from the owner of the
lot
c. Sketches of the school sites
d. Information as to how the lots were acquired.
e. Deed of exchange
f. Written Opinion of the Fiscal
g. Approval of the DepEd
h. Registration with the Registry of Deeds

12. 6. PRESIDENTIAL
PROCLAMATION
Public lands declared as reservation
areas (including ancestral lands)
through Presidential Proclamation are
sometimes targeted as sites for
educational purposes.

13. In some instances, DepED may be able to acquire
a parcel thereof as school site with the least cost
using the following procedure:
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.

14. 7. GRATUITOUS
CONVEYANCE
Real property belonging to
the government, when needed
for school purposes, may be
conveyed by way of gift, sale,
lease or exchange