PROMULGATING RULES FOR THE ADMISSION TO THE PHILIPPINE SCHOOLS OF THE MINOR CHILDREN OF FOREIGN PERMANENT RESIDENTS IN THE PHILIPPINES UNDER SECTION 9 (E) OF THE PHILIPPINE IMMIGRATION LAW OF 1940 AS AMENDED AND SECTION 7, OF EXECUTIVE ORDER NO. 104, SERIES OF 1968
The following rules and regulations are hereby adopted for the admission to Philippine schools of the minor children of the foreign permanent residents in the Philippines.
(1) Resident children of foreign permanent residents in the Philippines who are above seven (7) years of age and registered as such with the Commission on Immigration and Deportation may enroll in any elementary or secondary school in the Philippines, PROVIDED that the following conditions be present:
(a) The parents of the applicant are foreign permanent residents in the Philippines and have legally acquired their admission status as such;
(b) The applicant is the legitimate child of a foreign permanent resident in the Philippines;
(c) The applicant is qualified to enroll in any elementary school or high school in the Philippines under the rules and regulations promulgated by the Ministry of Education and Culture on the enrollment of foreign students.
(2) Non-resident children of foreign permanent resident/s in the Philippines who are above seven (7) years of age and are coming to the Philippines for the sole purpose of enrolling in any elementary school or secondary school in the Philippines, may be admitted and issued a student visa under Section 9 (f) of the Philippine Immigration Act/Act of 1940, as amended, by applying to the Philippine Consular Office at the port of origin. No student visa shall be issued by the Philippine Consular Office abroad unless approved by the home office and subject to the same conditions imposed for the enrollment of the resident children of the foreign permanent residents in the Philippines and to the following conditions:
(a) The applicant is not excludable under Section 29 of the Immigration Law;
(b) The initial period of admission shall be for a period of one (1) calendar school-year, as determined by the Ministry of Education and Culture and without extension. After the expiration of the authorized period of stay, the applicant shall leave the Philippines.
Foreign students who wish to continue with their school enrollment in the Philippines shall follow the same procedure outlined in Section 1 hereof, and shall be subject to the same conditions: that the authorized period of stay shall be for a period of one (1) calendar school-year without extension, and that the applicant shall leave the Philippines upon the expiration of his/her authorized stay in the country. lawphi1.net
The same procedure shall be observed for the succeeding school-years, if the applicant has complied with the academic requirements imposed by the Ministry of Education and Culture on the enrollment of foreign students in the Philippines and no derogatory information is submitted against the applicant by the proper government offices.
(c) An affidavit of guarantee of support and return fare to the applicant's port of origin be executed by the applicant's parents;
(d) No change of admission status from that which is authorized for the original entry of the applicant to the Philippines shall be allowed.
(3) The Commission on Immigration and Deportation in coordination with the Ministry of Foreign Affairs is hereby directed to adopt a system of monitoring and recording of the names of foreign students who are issued and/or admitted with student visas and their respective dates of arrival and departure from the Philippines, and to furnish the Ministry of Justice, the Ministry of Education and Culture, and the National Intelligence Service Agency a monthly report listing any and all such alien students who overstay and violate the conditions of their entry and stay in the Philippines.
(4) The Ministry of Justice shall oversee the compliance by the Commission on Immigration and Deportation with all rules, regulations, and other matters falling within the jurisdiction of the Commission, particularly the entry of alien students to the Philippines, their departure upon the expiration of their authorized stay in the country, and the violation/s of the conditions of their stay in the Philippines. All legal questions raised thereon shall be submitted to the Ministry of Justice for resolution.
(5) The Ministry of Education and Culture shall furnish the Ministry of Justice, the Ministry of Foreign Affairs, and the Commission on Immigration and Deportation with a list of alien students who fail to comply with the rules and regulations issued by the Ministry of Education and Culture governing the enrollment of alien students in the Philippines.
(6) The Commission on Immigration and Deportation shall take immediate steps to deport alien students who fail to comply with the regulations of the Ministry of Education and Culture on the enrollment of foreign students in the Philippines, those who overstay beyond the authorized period of stay in the country, and those who violate the conditions of their admission to the Philippines.
(7) All Cabinet Policies, Office Orders, Rules and Regulations or part thereof which are inconsistent with this Executive Order are hereby superseded and/or modified accordingly.
For strict compliance and enforcement.
Done this 13th day of July in the year of Our Lord, nineteen hundred and eighty-one.
