WHEREAS, Section 8(7) of Article XV of the New Constitution
has indubitably spelled out and defined a redirection of the national
policy relative to the ownership, with certain specific exceptions, as
well as on the control and administration, of all educational
institutions that should be allowed to operate in the Philippines;
WHEREAS, the same constitutional provision has likewise
delimited the percentage of alien students that may be allowed to enroll
in each educational institution, and specifically regulated the type of
alien schools which may be sanctioned to operate in the country;
WHEREAS, there are at present more or less 154 alien
schools in operation throughout the country, with a combined total
enrolment of 68,505 students as of the Second Semester, 1972-1973, whose
continued existence has become untenable in the light of the clear
mandate enunciated in said Section 8(7) of Article XV of the New
Constitution, which perforce demands the immediate integration of the
said schools into the Philippine Educational System; and
WHEREAS, it is deemed imperative that said constitutional
provision be implemented immediately in order to effect the desired
changes and reforms in the educational system of the country;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers in me vested by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081, dated September 21, 1972, and General
Order No. 1, dated September 22, 1972, as amended, do hereby order and
decree that:
Ownership. — All educational institutions, other than
those which are already established or which may hereafter be
established by religious orders, mission-boards and charitable
organizations, shall be owned solely by citizens of the Philippines, or
corporations or associations at least sixty per centum (60%) of
the capital of which is owned by such citizens. Educational institutions
already in operation which are not so owned shall conform with the said
citizenship requirement on ownership not later than the beginning of
the school year 1976-1977.
Control and Administration. — The control and
administration of all educational institutions already established or
hereafter to be established in the Philippines shall be vested in
citizens of the Philippines. Membership in the governing bodies or
boards of such educational institutions shall be limited to citizens of
the Philippines. Appointments and designations to, and employment in,
positions involving the exercise of administrative discretion in the
management of such educational institutions shall likewise be limited to
citizens of the Philippines. The Secretary of Education is hereby
authorized to fix the reasonable period within which any educational
institution may comply with the requirements embodied in this section: Provided,
however, That full compliance therewith shall be effected not
later than the beginning of the school year 1976-1977.
Schools Established Exclusively for Aliens. — No
educational institution shall be established exclusively for aliens, nor
shall any educational institution offer any curriculum exclusively for
aliens: Provided, however, That all educational institutions
established exclusively for aliens may continue to operate until the end
of the school year 1972-1973 after which their government permits or
recognition shall be deemed cancelled. Educational institutions offering
any curriculum exclusively for aliens shall cease from doing so not
later than the school year 1972-1973, and failure to do so shall be
sufficient cause for the cancellation of their government permits and/or
recognition.
Enrolment of Alien Student. — The enrolment of aliens in
any school shall not exceed one-third of the total enrolment therein.
Full compliance with this requirement in any school shall be effected
not later than the beginning of the school year 1976-1977.
The provisions of Sections 1 to 4 hereof shall not apply
to schools established or to be established for foreign diplomatic
personnel and their dependents and unless otherwise provided by law, for
other foreign temporary residents.
The Secretary of Education is hereby authorized to adopt
such rules and regulations not inconsistent with the provisions
hereof, as may be necessary to carry out said provisions.
Done in the City of Manila, this 16th day of April, in the year of
Our Lord, nineteen hundred and seventy-three.
(Sgd.) FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.) ALEJANDRO MELCHOR
Executive Secretary
In order to facilitate the implementation of this Presidential
Decree No. 175, the following were issued:
By the Department of Education and Culture - Rules and
Regulations, dated May 9, 1973; and
By the Bureau of Private Schools — Private Schools Memorandum No. 21,
S. 1973, dated May 22, 1973, Rules and Regulations on the administration
of alien schools.