EXECUTIVE ORDER NO. 188 July 13, 1994

GUIDELINES ON THE ENTRY AND STAY OF FOREIGN STUDENTS IN THE PHILIPPINES AND THE ESTABLISHMENT OF AN INTER-AGENCY COMMITTEE FOR THE PURPOSE

WHEREAS, an increasing number of foreigners have expressed their desire to enter and study in the Philippines, and graduate from Philippine schools, colleges and universities;

WHEREAS, it is the policy of the government to 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; and

WHEREAS, the current procedure and guidelines governing the entry and stay of foreign students in the Philippines need to be updated and simplified, in support of this policy.

NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of the powers vested upon me by law, do hereby order:

Sec. 1. Basic Policies and Procedures. The following policies and procedure shall be observed by all entities concerned:

A. Acceptance of Foreign Students.

(1) Any Philippine school whose programs are recognized by the Department of Education, Culture and Sports (DECS) is authorized to accept foreign students. The individual Philippine school may launch information campaigns to solicit and receive applications directly from prospective foreign students. For this purpose, the school may seek the assistance of the Department of Foreign Affairs and the Department of Tourism.

(2) Once the applicant is accepted for admission, the school may forward to the applicant the appropriate Notice of Acceptance to the course of study applied for. However, the school may be required to obtain in advance an appropriate Certificate of Eligibility for Admission (CEA) from the DECS for certain courses of study, such as in medicine and in nursing, where restrictions may exist on the enrollment of foreign students due to a shortage of facilities. 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.

(3) The DECS, in consultation with the Commission on Higher Education, shall determine what courses of study require the issuance of a CEA and shall draw up a list for this purpose not later than sixty (60) days from the effectivity of this Executive Order. Said list may be updated by the DECS from time to time as may be necessary.

(4) The DECS shall provide all schools with comparative equivalences for the major foreign educational systems, and should any question concerning equivalences arise, the school concerned shall secure the comments of the DECS 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 should be a graduate of high school or its equivalent.

(6) Elementary, secondary and tertiary enrollment in Philippine schools by the spouses and children of the following categories will be treated on the same basis as Philippine nationals: (a) permanent foreign residents, (b) aliens with valid working permits, (c) foreign diplomat personnel, and (d) personnel from duly accredited international organizations residing in the Philippines, and (e) holders of Special Investor's Resident Visa (SIRV) and Special Retiree's Resident Visa (SRRV).

B. Issuance of Visas.

(7) The procedure and documentation for the issuance of visas shall be kept to a minimum. The applicants for student visa shall submit the following documents to the Philippine Foreign Service Establishments (PFSE) located in the country of their residence:

(a) A copy of the Notice of Acceptance from a Philippine school and where applicable, a copy of the CEA;

(b) Documentary proof of support to cover expenses incidental to their studies, such as board and lodging as well as return air tickets;

(c) Authenticated scholastic records;

(d) Authenticated Police Clearance Certificate from the applicant's country of origin or residence;

(e) Results of medical examinations conducted by an authorized physician; and

(f) Other documents that may be required in the individual case by the Consular Officer, provided that it shall not be the task of the PFSE to determine the applicants scholastic fitness for the program applied for. If all documentary requirements are in order, the PFSE concerned shall issue a student visa.

C. Arrival and Stay in the Philippines.

(8) The process for duly authorized foreign students to enter and stay in the Philippines, including the issuance of the Alien Certificate of Registration (ACR), shall be facilitated. 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.

(9) It shall be the responsibility of the individual school in which the foreign student is enrolled to report promptly at the close of each enrollment period, to the Bureau of Immigration, those foreign students who have been accepted by the school but who failed to register, either for the first time or for subsequent terms. Similarly, the individual school shall also report promptly after the end of each term, those students who were absent from the final examinations for the term. The reporting herein required shall be strictly complied with by the individual school.

(10) Appropriate arrangements shall be made by the agencies concerned for foreigners who are already in the Philippines under other valid visa arrangements, to facilitate their conversion into student visas, provided all the relevant prerequisites listed herein are complied with.

D. Security Matters.

(11) The appropriate authorities may check whenever necessary the activities of foreign students brought to its attention, whose activities appear to be inimical to the security of the state. They shall be responsible for the apprehension of foreign students not complying with Philippine Immigration laws and regulations. For instance, a report that a foreign student is under employment shall be immediately forwarded to the Bureau of Immigration as basis for the cancellation of the foreign student's entry permit and for initiation of deportation proceedings.

(12) Those agencies charged with the maintenance of internal security shall undertake steps necessary to safeguard national security interests, without in any way further encumbering the process of application, visa issuance, and entry authorization of foreign students in the Philippines.

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:

Department of Education, Culture and Sports — Chairman

Department of Foreign Affairs — Co-Chairman

Commission on Higher Education — Member

Bureau of Immigration — Member

National Bureau of Investigation — Member

National Intelligence Coordinating Agency — Member

Sec. 3. Duties and Responsibilities of the Committee. The Committee shall have the following duties and responsibilities:

(1) Promulgate simplified procedures and implementing guidelines governing the entry and stay of foreign students in the Philippines in accordance with the provisions of this Executive Order within sixty (60) days from the effectivity thereof;

(2) Monitor and coordinate the implementation of this Executive Order by the departments and agencies concerned;

(3) 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; and

(4) Request representatives from other agencies and/or the private sector to attend its meetings, when it deems necessary and proper.

Sec. 4. Repealing Provision. This Executive Order repeals Executive Order No. 104, dated 4 December 1967 and all other executive issuances, regulations, or any parts thereof, which are inconsistent with the provisions of this Executive Order.

Sec. 5. Effectivity. This Executive Order shall take effect immediately.

DONE in the City of Manila, Philippines, this 13th day of July in the year of Our Lord, Nineteen Hundred and Ninety-Four.


The Lawphil Project - Arellano Law Foundation