MALACAÑAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
[ EXECUTIVE ORDER NO. 104, December 04, 1967 ]
PROMULGATING PROCEDURE FOR THE CONTROL OF ALIEN STUDENT IN THE PHILIPPINES
By virtue of the powers vested in me by law, and in the interest of national security, I, FERDINAND E. MARCOS, President of the Philippines, do hereby promulgate the following measures to be taken by the different offices concerned, to control the entry and stay of foreign students in the Philippines.
A. DEPARTMENT OF FOREIGN AFFAIRS:
1. The following documents should be submitted to our foreign diplomatic establishments abroad by applicants for student visa:
a. Two (2) Personal History Statement (PHS) duly sworned to. (Form herewith attached)
b. Notification of acceptance of a Philippine school.
c. Certification of the Department of Education regarding eligibility for admission.
d. Proof for support in studies and livelihood.
e. Guaranty to cover return fare and other incidental expenses.
2. Foreign establishments should wait for the approval from the Home Office.
3. The student visa granted should stipulate the expiry date in accordance with the period of study approved by the Department of Education.
4. Local application for changes of visa status to that of student should not be entertained.
5. The grant of student visa should be based on favorable results of record check from the National Bureau of Investigation (NBI) and the National Intelligence Coordinating Agency (NICA).
6. The Department should provide the Department of Education, Bureau of Immigration, National Bureau of Investigation and the National Intelligence Coordinating Agency with a continuing list of foreign students granted student visa.
B. DEPARTMENT OF EDUCATION:
1. Prior to evaluation of transcript of school records of the foreign students (who are still abroad), the Department should require Philippine schools to submit the following:
a. Transcript of school records of the foreign student authenticated by his country’s Ministry of Education.
b. Name of course to be pursued.
c. Estimated period required for the completion of the course.
2. Based on favorable evaluation of the student’s transcript of records, the Department will notify the school concerned that it may accept for enrollment a foreign student under the following conditions:
a. The student will enroll only in that school and only in a particular course.
b. The student will complete the course within a specified period of study.
c. The student will comply with all the requirements as regards satisfactory completion of the course.
d. The student will carry a full load each semester he is enrolled.
e. The student, upon arrival in the Philippines, must report to the Office concerned in the department of Education, and before every semester or summer session, in order to obtain the Department’s study permit before he is allowed to enroll in any school.
f. The student will be required to register with the Bureau of Immigration if he enters the country under Section 47 (a) (2.) or Section 9 (f) of the Immigration Act as amended.
g. The school will provide the Department a copy of the student’s grades each semester or summer term besides the separate to the Department.
h. The school will immediately notify the Department should a foreign student be dropped from the rolls for any reason whatsoever, or should a foreign student fail to enroll in a succeeding semester or summer term.
3. The Department should require that the foreign student obtain his study permit before enrolling. The grant of study permit should be predicated upon the presentation of an Alien Certificate of Registration (ACR) or the presentation of his passport and other entry papers if he is an accredited government official or if he enters the country under the ASA Agreement. Renewal of the study permit, which should be every semester or summer session, should also be predicated on receipt by the Department of the student’s graded.
4. The Department should counter-check the enrollment of foreign students by checking enrollment lists submitted by schools with the names of foreign students issued study permits by the Department. The names of foreign students enrolled but not issued student permits, or not enrolled but granted student permits, should immediately be forwarded to the Bureau of Immigration, National Bureau of Investigation and the Department of Foreign Affairs for appropriate action by these agencies (arrest, deportation, etc.)
5. The Department should limit the number of schools allowed to accept foreign students. This is to preclude delay to these students in completing their studies due to the dropping of subjects (by the school) from the curriculum resulting from low enrollment.
6. The Department should not allow the enrollment in Philippine schools of all foreigners belonging to the category of tourists and others including temporary visitors and deportees. However, in the case of overstaying Chinese, great care must be exercised in determining their status.
7. The Department should allow foreign students to take up only college courses leading to bachelor’s, master’s, or doctorate degrees; it should not allow enrollment in the high school or in the elementary school except to children of permanent foreign residents, or of foreign diplomatic officials and of officials of ASA countries residing in the Philippines, duly accredited world organizations like the UN, Asian Bank, and/or etc.
8. The Department should provide the means to determine the number of foreign students enrolled at present.
C. BUREAU OF IMMIGRATION:
1. The Bureau should help in providing the means for determining the correct number of foreign students in the Philippines at present.
2. The Bureau should make it mandatory that foreign students entering the Philippines should register with the Bureau and obtain their Alien Certificate of Registration (ACR).
3. The Bureau should not recommend the issuance or renewal of student visa to the Department of Foreign Affairs unless the foreign student concerned presents the study permit for the current semester granted by the Department of Education.
4. The Bureau should not grant extension of stay to temporary visitors, i.e., tourists, etc., and to deportees on the basis of possible or actual enrollment in any Philippine school.
5. The Bureau should not allow temporary visitors, i.e., tourists, etc., to change their status of admission into students on the basis of the evaluation of their scholastic transcripts of record by the Office concerned of the Department of Education or on the basis of enrollment in any Philippine school.
6. The Bureau must immediately take steps to deport any foreign student who fails to comply with all regulations in respect to his student status.
7. The Bureau should inform the Department of Education of any Philippine school that violates the requirements of their permits to admit foreign students.
D. NATIONAL BUREAU OF INVESTIGATION:
1. The Bureau on a selective basis should check whenever necessary the activities of foreign students brought to its attention, whose activities of foreign are inimical to the security of the State. Any report of employment should immediately be forwarded to the Bureau of Immigration as a basis for the cancellation of the entry permit and for initiation of action to deport.
2. The Bureau in coordination with the Bureau of Immigration shall be responsible for the apprehension of foreign students not complying with Philippine Immigration laws and regulations.
E. NATIONAL INTELLIGENCE COORDINATING AGENCY:
1. The NICA will maintain a list of foreign students in the Philippines as provided by the Department of Education, Department of Foreign Affairs and the Bureau of Immigration.
2. The NICA will coordinate the activities of other intelligence agencies regarding the activities of these foreign students.
Done in the City of Manila, this 4th day of December, in the year of Our Lord, nineteen hundred and sixty-seven.1âшphi1
(SGD.) FERDINAND E. MARCOS
President of the Philippines
By the President:
(SGD.) RAFAEL M. SALAS
Executive Secretary
The Lawphil Project - Arellano Law Foundation
