PRESIDENTIAL DECREE NO. 176, April 16, 1973

IMPLEMENTING SECTION 8(7), ARTICLE XV, OF THE NEW CONSTITUTION

Presidential Decrees April 16, 1973



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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.