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

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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 2×2-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.

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.

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.

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.

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 Section 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 Section 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 Section 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:

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.

(Sgd.) FIDEL V. RAMOS
President of the Philippines

By the President:

(Sgd.) RUBEN D. TORRES
Executive Secretary

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