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Guide School Patent

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0% found this document useful (0 votes)
55 views33 pages

Guide School Patent

Guide and form

Uploaded by

Franco Kaamino
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

Department of Environment and Natural Resources


Visayas Diliman, Quezon
Tel Nos. (632) 929-66-26 to 29 • (632) 929-62-52 929-66-20 •
929-66-33 to 35
929-70-41 to 43

DENR Administrative Order NAR 0 4 2015


No. 2015- 01

SUBJECT: GUDELINES FOR THE PROCESSING AND ISSUANCE


or SPECIAL PATENTS F0R PUBLIC SCHOOL
SITEs UNDER REPUBLIC ACT NO. 10023

Pursuant to Section 4 (Special Patents) and Section 7


(Implementing Rules and Regulaüons) of Republic Act No. 10023,
otherwise as "An Act Authorizing the Issuance of Free Patents to
Residential Lands", the following guidelines for public school sites
are hereby promulgated:
Sætion 1. Scope and Cowrage- These guidelines shall cover
alienable and disposable public avicultural lands actually possessed,
occupied and used for public schools of all levels and classificaü)n
under the supervision and confrol of the Departnent of Educaüon
(DepEd) and the Commission on Higher Education (CHED)
regardless of period of possession. It shall also include all other lands
devoted to providing education and educaü)n related services such as,
but not limited to, those used for omces, canteens, gardens, athletic
fields, sports complex, sports courts, clinics, umnasiums, car parks,
science centers, nature parks and other related areas.
School sites with but still untitled are also
covered under this Order for the purpose of issuance of Special
Patents.

Section Z 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 Dbposable lan&- public lands that are suscepüble
of being disposed to qualified beneficiaries under applicable
laws and regulations providing for land disposition. It shall
1
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 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 — Provinvcial Environment and


Natural Resources Office

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, roadways,
recreational facilities, libraries, meeting
places, playgrounds, public parking lots
and the like.

9. Special Patent — a public instrument issued


by the government confirming the g•ant by
the State of the ownership over a parcel of

2
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 Speciat 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:
A. For the DepEd or CHED

l. Request by the Superintendent of the Division of Schools or


Authorized Official form the DepEd Central Office,
auhtorized 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

3
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.

B. 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. — Requests


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.

A. At the CENR Office:

1. Request for issuance 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 of notice after the 15-
day period has elapsed.

3. The CENR Office is required to process the request,


within a period of one 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
4
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 altemative dispute resolution (ADR)
mechanisms. The CENR Officer shall resolve the
opposition or make a recommendation within 30 days
from the filing of such opposition.

5
9. Upon approval of the CENR Officer, 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
System (LAMS).

B. At the PENR Office:

The PENR Officer shall have five (5) days from the 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
6
notifr 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 the necessary expenses for 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 Ofice shall forward a
copy of the processed request for Special Patent to the LMB through
channels, for monitoring and recording.
Section 11. SeparabiUty 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. Repeating CZause. All orders, circulars, memoranda


and other issuances inconsistent herewith are hereby repealed,
arnended 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 acknowledgment of receipt of a copy thereof by the
Office of the National Administrative Register (ONAR).

Publication: Malaya bkrch 9' 2015


Achoviedgement : ONAR, Cen ter
krch 10, 2015

7
Annex 1 List of Provincial Codes
PROVINCE CODE

1. ABR
2. A usan del Norte AGN
3. A usan del Sur AGS
4. Aklan AKL
5. ALB

6, Anti ue ANT
7. APA
8. Aurora AUR
9. Basilan BAS

10. Bataan BAN


11. Batanes BTN
12, Batan as BTG
13. Ben uet BEN
14, Biliran BIL
15. Bohol BOH
16. Bukidnon BUK
17. Bulacan BUL
18. Ca a an CAG
19. Camarines Norte CAN
20. Camarines Sur CAS
21. Cami uin CAM
22. CAP

23. Catanduanes CAT


24. Cavite CAV
25. Cebu CEB
26. Com ostela Valle COM
27. Cotabato NCO
28. Davao del Norte DAV
29. Davao del Sur DAS
30. Davao Oriental DAO
Dina at lsland
31. DIN
32. Eastern Samar EAS
33. Guimaras GUI
34. Ifu ao IFU
35. [locos Norte ILN
36. Ilocos Sur ILS
37.

38. Isabela ISA


39. Kalin a KAL
40. La Union LUN
41. La una LAG
42. Lanao del Norte LAN
43. Lanao del Sur LAS
44. LEY

45. Ma indanao MAG


46. Marindu ue MAD
47. Masbate MAS
48. Mindoro Occidental MDC
49. Mindoro Oriental MDR
50. Misamis Occidental MSC
51. Misamis Oriental MSR
52. Mountain Province MOU
53. Ne os Occidental NEC
54. Ne os Oriental NER
55. Northern Samar NSA
56. Nueva Eci'a NUE
57. Nueva Vizca a NUV
58. Palawan PLW
59. Pam an a PAM
60. Pan asinan PAN
61. uezon
62. uirino UI
63. Rizal RIZ
64. Romblon ROM
65. Samar Western Samar WSA
66. Saran ni SAR
67. Si ui or SIG
68. Sorso on SOR
69. South Cotabato sco
70. Southern Le e SLE
71. Sultan Kudarat SUK
72. Sulu SLU
73. Suri ao del Norte SUN
74. Suri ao de Sur SUR
CHECKLIST OF DOCUMENTS FOR REQUEST
FOR ISSUANCE OF SCHOOL slTE SPECIAL
PATENT

Request Form

Historical Background of possession or occupation

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.;

Court/LRA certification of no pending land registration


case

Notice of request

Certificate of Posting

Ocular Investigation Report

Cadastral Map or Survey Plan

Technical Description

Transmittal from CENRO to PENRO

Judicial Form
Order of Issuance of Special Patent

Resources
Community Office

REQUEST FOR ISSUANCE OF


SCHOOL SITE SPECIAL PATENT

Entry No.

Request No:

Name of School:

Location:

Division of School Superintendent /


Authorized Officer:

Address:

Contact No: e-mail:

Lot No. Pls.


Cad ________________________

Area
Division
Superintendent
Authorized Officer

Attachm ents:
Historical background of possession/ occupation
Recent photographs with panoramic view and improvements
Court certification of no pending land registration case

SUBSCRIBED AND SWORN TO before me this day of


at

Officer Authorized to
Administer Oath
Resources
Community Office
NOTICE OF REQUEST FOR
ISSUANCE OF SCHOOL SITE
SPECIAL PATENT

Notice is hereby given that


has filed with the
CENR Office a request for the issuance of a
Special Patent under the provisions of Republic Act No.
10023 or "An Act Authorizing the Issuance of Free
Patents to Residential
Lands" over a parcel of land situated at

being possessed and occupied by the school and more


particularly described as follows:

containing an area of more or


less.
Community Environment and
Natural Resources Officer
Resources
Community Office

CERTIFICATE OF POSTING OF
NOTICE OF REQUEST FOR ISSUANCE OF
SCHOOL SITE SPECIAL PATENT

This is to certify that the 15—day posting requirement for the


issuance
of school site Special Patent under R.A
10023 of

has been
completed on

Posting date: to
Posted at: and
Community Environment and
Natural Resources Officer
Resources
Community Office

OCULAR INSPECTION REPORT FOR


SCHOOL SITE SPECIAL PATENT

Date

This is to certify that on I was on and


examined the school site requested for issuance of a special patent
for

pursuant to the provisions of R.A. 10023, situated


at

Findings:
1. The requesting School District Superintendent/
Authorized
Official is

2. The site requested for is within an alienable and


disposable area.
3. That the school is in possession or actually occupying
the entire land area being requested.
4. A copy of the Cadastral Map or Survey plan of the land duly approved by
the concerned DENR Regional Office is hereto attached.
5. A copy of the Technical Description of the parcel of
land is also attached hereto.
6, That Notice of the request was duly posted.
7. The land being requested is suitable for the issuance
of a school site special patent.
8. Other findings:

In view of the following findings, it has been


satisfactorily proven by the requesting party that the land being
requested is suitable for issuance of a school site special patent
under R.A. 10023. It is my recommendation that the request be
granted and a Special Patent be issued.

SI/LMI/DPLI
Resources
Provincial Office

ORDER: ISSUANCE OF
SCHOOL slTE SPECIAL PATENT

It appearing that in the investigation conducted by the Land


Investigator/ Inspector whose report was duly submitted and the
records of the request duly endorsed by the CENRO, it has been
ascertained that the request of
over a
parcel of

alienable and disposable land situated


at

un

der Special Patent Entry No. has all

the necessary prerequisites

as mandated by R.A. 10023 for the grant of a school site Special


Patent and that the notices has been posted, and that no other person
or entity has proved a better right to the land subject of the request.
It is HEREBY
ORDERED that the Special Patent be prepared and issued to the
school.

Provincial Environment and


Natural Resources Offices
Flowchart for the Processing and Issuance of Special
Patents for Public School Sites Under RA 10023
SAMPLE ONLY
Judicial Form No. 10023 -A Book
Page

SN.OOOOOOO-OO
Republic of the Philippines Department of
Justice
Land Registration Authority Registry of
Deeds for the

Original Certificate of Citle


No.
SPECIAL PATENT

Entered in accordance with Republic Act No. 10023 and pursuant to a Special Patent issued by
the Department of Environment and Natural Resources, at Quæon City, On and spread in the records
ofthe said department asfollows:

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES REGION NO.


SPECIAL PATENT NO.

TO ALL WHOM THESE PRESENTS SHALL COWL, GREETINGS:

The Republic of the Philippines, Deprtment of Education / Comission on Higher Educationa


public educational institution, situated at Region is hereby granted this Special Patent with an area
of

) square meters, more or less and more particulæly bounded and described at the
back hereof.

This Special Patent shall not be disposed by the grantee without the authorization of Congress
in accordance with Section 4 ofRepublic Act 10023.

Witness my hand and seal of the Republic of the Philippines this day of in the year Two
thousand and

By Authority ofthe President ofthe


Philippines

Transcribed in the "Registration Book" in the Province of


pursuant to the provisions ofSection 103 ofP.D.
No. 1529, on the day of two thousand and at

Owner 's Postal Ad&ess


Page A

Register ofDeeds
SAMPLE ONLY

(Continued on Additional Sheet Page


Register ofDeeds
SAMPLE ONLY
Page B

Register ofDeeds
SAMPLE ONLY

(Continued on Additional Sheet Page


Register ofDeeds
SAMPLE ONLY
Page C

Register ofDeeds
SAMPLE ONLY

(Continued on Additional Sheet Page


Register ofDeeds
SAMPLE ONLY
Judicial Form No. 10023 -DS Book.
Page

SN.OOOOOOO-OO

Republic of the
Philippines Department
of Justice
Land Registration
Authority Registr of Deeds for the

Original Certificate of Citle


No.
SPECIAL PATENT

Entered in accordmce with Republic Act No. 10023 and pursuant to a


Special Patent issued by the Depætment of EnviÉönment and Natural
Resources, at Quæon Ciy, on spread in the records ofthe sai depætment
asfollows:

DEPARTMENT OF ENVIRONMENT AND NA URCES


REGION NO.
SPECIAL PATENT NO.

TO ALL WHOM THESE PRESENTS SHALL COME, s:

The Republic of the Philippines, D e of Education / Comission


on Higher Educationa public educmional institution, situated at Region is
hereby gr t is Special Patent with an area of

) squæe ore or less and more particularly bounded and


described at the back hereof.

This Speci P nt shall not be disposed by the grantee without the


authorization of Congress in acco ith Section 4 ofRepublic Act 10023.

Witness my hand and seal of the Republic of the Philippines this day
of in the yeæ Two thousand and

By Authority
ofthe
President
of the
Philippin
es

Transcribed in the "Registration


Book" in the Province of
pw•suant to the provisions
ofSection 103 ofP.D. No. 1529, on
the day of two thousand and
SAMPLE ONLY
Owner 's Postal Ad&ess Register ofDeeds

Page A

(Continued on Additional Sheet Page


Register ofDeeds
SAMPLE ONLY

Register ofDeeds
SAMPLE ONLY
Page B

(Continued on Additional Sheet Page


Register ofDeeds
SAMPLE ONLY

Register ofDeeds
SAMPLE ONLY

Page C

(Continued on Additional Sheet Page


Register ofDeeds
SAMPLE ONLY

Register ofDeeds
SAMPLE ONLY

(Continued on Additional Sheet Page


Register ofDeeds

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