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PRESIDENTIAL DECREE NO. 176
PRESIDENTIAL DECREE NO. 176
- IMPLEMENTING Section 8 (7), ARTICLE XV, OF THE NEW CONSTITUTION
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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; chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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:cralaw:red
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. chanroblesvirtualawlibrary
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. Education 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 permit
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.
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