EXECUTIVE ORDER NO. 423
EXECUTIVE ORDER NO. 423 -
AMENDMENTS TO THE GUIDELINES ON THE ENTRY AND STAY OF FOREIGN STUDENTS
IN THE PHILIPPINES AND THE ESTABLISHED OF AN INTER-AGENCY COMMITTEE FOR
THE PURPOSE
WHEREAS,
it is the policy of the government to continuously promote the
Philippines as a center for education in the region by (i) encouraging
foreign students to study in the Philippines, (ii) developing awareness
of the Philippine educational system by neighboring countries, and
(iii) allowing duly accepted foreign students to avail of the
facilities of the Philippine educational system;
WHEREAS, an increasing number of foreigners have expressed their desire
to enter and study in the Philippines, and graduate from the Philippine
schools, colleges and universities;
WHEREAS, a procedure must be established to address national security
and other concerns and determine the bona fide foreign students who
wish to avail of the country’s educational facilities;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the
Philippines, by virtue of the powers vested in me by law, do hereby
order the following:
Section 1. Basic Policies and Procedure. — The
following policies and procedures shall be observed by all entities
concerned:
A.
Coverage.
(1)
Only aliens who seek to stay temporarily in the Philippines solely for
the purpose of taking up a course higher than high school at a
university, seminary, academy, college or school duly authorized to
accept foreign students and who are least eighteen years of age at the
time of enrollment and have means sufficient for the education and
support of study are covered under this order.
B. Acceptance
of Foreign Students.
(2)
Only schools whose programs are recognized by the Commission on Higher
Education (CHED) shall be authorized to accept foreign students. The
CHED shall prepare, at regular intervals, an updated list of such
schools and forward the same to the Bureau of Immigration (BI). In the
preparation of the list, the CHED and the BI shall consult each other,
taking into account their respective mandates under existing laws and
regulations. Copies of the list shall be furnished the BI, the
Department of Foreign Affairs (DFA), the National Bureau of
Investigation (NBI), the National Intelligence Coordinating Agency
(NICA) and the schools authorized to admit foreign students. All
schools authorized to admit foreign students shall establish a foreign
students unit within their organization. To maintain its authorization,
the school, through its foreign students unit, shall religiously
submit, one month after the end of each enrollment period, the
acceptance/enrollment report on foreign students and a monthly status
report to the BI, copy furnished the CHED and the NICA, with emphasis
on whoever is missing, has transferred or dropped from the rolls.
Failure to comply with the above requirements shall be a ground for
cancellation by the CHED of the authority to admit foreign students.
(3) The
Certificate of Eligibility for Admission (CEA) addressed to the
accepting school shall be issued by the CHED only in cases where
restrictions exist on enrollment of foreign students due to shortage of
facilities, such as enrollment in medicine and dentistry. Once issued,
the CEA shall remain valid for the duration of the course of study,
provided the student attends his classes and continues to receive
satisfactory grades. Not later than sixty (60) days from the
effectivity of this Executive Order, the CHED shall prepare for
distribution to the DFA, BI, NBI, and NICA the list of schools
authorized to accept foreign students and an updated list of programs
or courses with restrictions or quota in enrolling foreign students due
to shortage of school facilities. Said list may be updated by the CHED
from time to time as may be necessary.
(4) The CHED,
in consultation with the DECS, shall provide all schools with
comparative equivalencies between major foreign educational systems or
programs and those of the Philippines. Should any question concerning
equivalencies arise, the school concerned shall secure the comments of
the CHED before accepting a foreign student for enrollment.
(5) Enrollment
in any level shall require completion of the lower particular level,
for example, an applicant for the tertiary or collegiate level must be
a graduate of high school or its equivalent.
(6) The
individual school may launch information campaigns to solicit and
receive applications directly from prospective foreign students. The
schools, for these purposes, may seek the assistance of the DFA and the
Department of Tourism.
(7) The
foreign student communicates directly with the school and complies with
the school’s institutional requirements, which shall include the
submission of the following documents:
a)
Original copy of the student’s Personal History Statement duly signed
by him both in English and in his national alphabet accompanied by his
personal seal, if any, and containing among others, his left and right
hand thumbprints and a 2x2-inch photograph on plain white background
taken not more than six months prior to submission.
b) Documentary
proof of adequate financial support to cover expenses for the student’s
accommodation and subsistence, as well as school dues and other
incidental expenses;
*d) Scholastic
records duly authenticated by the Philippine Foreign Service Post
located in the student applicant’s country of origin or legal residence;
(8)
The school, satisfied with the student’s compliance with its
requirements, shall issue a Notice of Acceptance (NOA) to the student
and submit a duplicate copy thereof to the DFA, together with a
certified true copy of the CHED’s CEA, when necessary, the original
copy of the student’s personal history statement, copies of the
student’s scholastic records and proof of the student’s financial
capacity/support. These documents shall be hand carried to the DFA by
the school’s designated liaison officer under a cover letter on the
school’s official stationery signed by the school’s registrar and
stamped with the school’s official dry seal requesting that a student
visa be issued to the person named therein. A copy of the NOA issued to
the student and the CHED’s CEA, when applicable, shall be furnished by
the school to the CHED and the BI.
(9) The DFA
indorses the documents to the Philippine Foreign Service Post located
in the student’s country of origin or legal residence for the issuance
of the student visa after ascertaining the student’s identity and
admissibility under existing DFA regulations.
C. Issuance of
Visas.
(10)
Foreign students whose applications for student visas are approved are
required to secure their visas from the Philippine Foreign Service Post
in their country of origin or legal residence, regardless of where they
are at the time of application.
Conversion from other visa
category to that of a student visa shall not be permitted.
(11) The
Philippine Foreign Service Post shall notify, in writing, the student
of the receipt of the documents and require him to appear in person
before a Consular Officer for interview and compliance with consular
requirements. In addition to the documents transmitted to the post by
the DFA, the following requirements shall be submitted by the student
to the Consular Officer:
a)
Original copy of the school’s NOA containing a clear impression of the
school’s dry seal;
b) Original
copy of the CEA issued by the CHED, if enrolled in courses or programs
where restrictions may exist due to shortage of facilities, as in
Medicine or Dentistry;
c) Police
Clearance issued by the national police authorities in the student’s
country of origin or legal residence, authenticated by the Philippine
Foreign Service Post having consular jurisdiction over the place; and
d) Medical
Health Certificate issued by an authorized physician including
standard-size chest x-ray;
The
consular office shall not assume the task of determining the student’s
scholastic fitness for the program applied for and shall issue the
student visa as soon as all the requirements are accomplished. A notice
of visa issuance shall be furnished by the DFA to the school, the CHED,
the BI, the NBI and the NICA as soon as it receives a report to this
effect from the issuing post. The Foreign Service Post shall then
forward a copy of all the foreign student’s documents to the CHED for
filing. Said documents shall be made available to the BI, NBI and NICA
whenever necessary.
D. Arrival and
Stay in the Philippines.
(12)
Upon arrival in the Philippines, the student, as part of the
requirements for processing his entry, shall report immediately to the
accepting school and shall enroll only in the school which issued his
NOA. The school shall reassess the student’s competency level and
establish his scholastic comparative equivalence, if necessary.
(13) The
school shall assist the student in obtaining the necessary Alien
Certificate of Registration (ACR) and Certificate of Residence for
Temporary Student (CRTS) from the BI. The student’s authorized period
of stay shall be consistent with the length of the course of study to
which he has been accepted by a Philippine school.
E. Monitoring.
(14)
Within a month after the close of enrollment period, the school,
through its foreign students unit, shall report promptly to the BI, the
CHED, and the NICA the names of foreign students who have been accepted
but failed to enroll, either for the first time or for subsequent
terms. Further, it shall submit a monthly status report of their
foreign students to the BI as may be deemed necessary by the Committee.
Finally, at the end of each term, the school shall also report to the
BI, the CHED and the NICA those foreign students who have dropped out
or failed to take the final examination for the term and those who have
completed their courses. Non-compliance by schools to submit the
reports shall be a ground for the cancellation by the CHED of their
authority to accept foreign students.
(15) The NICA
and the NBI shall check, whenever necessary, the activities of foreign
students brought to their attention which appear to be inimical to the
security of the State. Criminal complaints filed against foreign
students shall be referred to the NBI for investigation and appropriate
action.
(16) The BI
shall investigate, apprehend and prosecute, if necessary, foreign
students who are not complying with Philippine immigration laws and
regulations. Violation of immigration laws and regulations shall be a
ground for the cancellation of a student visa and the deportation of
the student concerned.
F. Exemption.
The following shall be exempt
from the coverage of this Executive Order:
a)
Tertiary enrollment in Philippine schools of the spouses and unmarried
dependent children below 21 years old of the following categories of
aliens shall not be required to secure student visa and the BI special
study permit: (1) permanent foreign residents; (2) aliens with valid
working permits under Sec. 9(d), 9(g) and 47(a)(2) of the Philippine
Immigration Act of 1940, as amended; (3) personnel of foreign diplomat
and consular missions residing in the Philippines; (4) personnel of
duly accredited international organizations residing in the
Philippines; (5) holders of Special Investor’s Resident Visa (SIRV) and
Special Retiree’s Resident Visa (SRRV); and (6) foreign students coming
to the Philippines with 47(a)(2) visas issued pursuant to existing
laws, e.g. P.D. 2021. This privilege is also extended to the principals
who may wish to take advantage of the educational facilities in the
country.
b) Children
who are already enrolled before their marriage and/or before reaching
the age of 21 years shall be allowed to finish their studies without
the need to secure a student visa and a BI special study permit as long
as their principals remain in the country under any of the
above-mentioned admission categories.
c) Spouses and
children of personnel of foreign diplomatic and consular missions and
duly accredited international organizations located in the Philippines
who desire to remain in the Philippines to enroll for the first time or
finish their studies higher than high school and qualify under
prescribed regulations, shall be allowed to convert their admission
category to that of a student visa under Sec. 9 (f) of the
Philippine Immigration Act of 1940, as amended, in accordance with
applicable procedure, in the event their principals lose their
admission category as Foreign Government Official under Sec. 9 (e)
of the Philippine Immigration Act of 1940, as amended. This privilege
is also extended to the principals who may wish to take advantage of
the educational facilities in the country.
Sec. 2. Establishment and Composition of the
Committee on Foreign Students. — There is hereby created an
Inter-Agency Committee on Foreign Students herein referred to as the
Committee, which shall have the following membership:
a.
Commission on Higher Education
Chairman
b. Department of Foreign
Affairs
Co-Chairman
c. Department of Education, Culture and
Sports Member
d. Bureau of Immigration Member
e. National Bureau of Investigation
Member
f. National Intelligence Coordinating
Agency Member
Sec. 3. Duties and Responsibilities of the
Committee. — The Committee shall have the following duties and
responsibilities:
a.
Promulgate simplified procedures and implementing guidelines governing
the entry and stay of foreign students in the Philippines, as well as,
rules and regulations limiting school transfers and course shifting of
foreign students in accordance with the provisions of this Executive
Order within sixty (60) days from the effectivity hereof;
b. Monitor and
coordinate the implementation of this Executive Order with the
Departments and agencies concerned;
c. Meet
regularly to assess the progress of the whole program, to ensure that
the promotion of the Philippines as a center for education in the
region is effectively encouraged and undertaken;
d. Request
representatives from other agencies and/or the private sector to attend
its meetings, when it deems necessary and proper; and
e. Submit a
semi-annual report to the Office of the President, through the Office
of the Executive Secretary, on the status of the foreign students in
the country. The reports shall be submitted before the end of September
and February, of the first and second semesters, respectively, of each
school year.
The CHED shall provide the secretariat to support the Committee in its
functions.
*Sec. 5. Repealing Provision. — This Executive
Order repeals all other executive issuances, regulations, or any parts
thereof, which are inconsistent with the provisions of this Executive
Order.
Sec. 6. Separability Clause. — If for any reason,
any part or provision of this Executive Order shall be held
unconstitutional or declared contrary to law, other parts or provisions
hereof which are not affected thereby shall continue to be in full
force and effect.
Sec. 7. Effectivity. — This Executive Order shall
take effect immediately.
DONE in the City of Manila,
this 25th day of June in the year of Our Lord, Nineteen Hundred and
Ninety-Seven.
* Copied verbatim from documents obtained directly
from the Malacañang records (missing paragraph (c) of Section 1, and Section 10).
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