Policy, purpose, and coverage limits
- Government policy requires promoting the Philippines as a regional center for education by encouraging foreign students to study in the Philippines, developing awareness of the Philippine educational system by neighboring countries, and allowing duly accepted foreign students to use Philippine educational facilities.
- Government procedure must address national security and other concerns to determine bona fide foreign students who wish to avail of the country’s educational facilities.
- Section 1(A)(1) covers only aliens who seek temporary stay in the Philippines solely to take up a course higher than high school at a duly authorized university, seminary, academy, college, or school.
- Section 1(A)(1) covers only aliens least eighteen (18) years of age at the time of enrollment and who have means sufficient for education and support of study.
- Section 1(A)(1) limits coverage to foreign students seeking study for the course level stated and for temporary stay consistent with the order’s procedures.
School authorization, CHED lists, and reports
- Only schools whose programs are recognized by the Commission on Higher Education (CHED) may accept foreign students, under Section 1(B)(2).
- CHED must prepare, at regular intervals, an updated list of such schools and forward it to the Bureau of Immigration (BI).
- CHED and BI must consult each other in preparing the list, considering their respective mandates under existing laws and regulations, under Section 1(B)(2).
- CHED must furnish copies of the list to the Department of Foreign Affairs (DFA), National Bureau of Investigation (NBI), National Intelligence Coordinating Agency (NICA), and the schools authorized to admit foreign students, under Section 1(B)(2).
- Each authorized school must establish a foreign students unit and must maintain authorization by submitting required reports.
Certificate of Eligibility, admissions restrictions, and quotas
- Section 1(B)(3) provides that the Certificate of Eligibility for Admission (CEA) addressed to the accepting school is issued by CHED only when restrictions exist on enrollment of foreign students due to shortage of facilities (example: enrollment in medicine and dentistry).
- Once issued, the CEA remains valid for the duration of the course of study, provided the student attends classes and continues to receive satisfactory grades.
- CHED must prepare for distribution to DFA, BI, NBI, and NICA the list of schools authorized to accept foreign students and an updated list of programs/courses with restrictions or quota due to shortage of facilities within sixty (60) days from the effectivity of Executive Order No. 423, under Section 1(B)(3).
- CHED may update the schools and programs lists from time to time as may be necessary, under Section 1(B)(3).
Equivalencies, prerequisites, and enrollment requirements
- Section 1(B)(4) requires CHED, in consultation with the Department of Education, Culture and Sports (DECS), to provide comparative equivalencies between major foreign educational systems or programs and those in the Philippines.
- If any question concerning equivalencies arises, the concerned school must secure CHED comments before accepting a foreign student for enrollment, under Section 1(B)(4).
- Section 1(B)(5) requires enrollment at any level to be conditioned on completion of the lower particular level (e.g., a tertiary/collegiate applicant must be a graduate of high school or its equivalent).
- Section 1(B)(6) allows an individual school to launch information campaigns to solicit and receive applications directly from prospective foreign students and to seek assistance of the DFA and the Department of Tourism.
Foreign student application documents and school-issued NOA
- Section 1(B)(7) requires the foreign student to communicate directly with the school and comply with institutional requirements, including specified submissions.
- The foreign student must submit a Personal History Statement: original copy, duly signed by the student in English and in his national alphabet, accompanied by his personal seal if any, containing left and right hand thumbprints and a 2A2-inch photograph on plain white background taken not more than six months before submission (Section 1(B)(7)(a)).
- The foreign student must submit documentary proof of adequate financial support covering accommodation and subsistence, school dues, and other incidental expenses (Section 1(B)(7)(b)).
- The foreign student must submit scholastic records duly authenticated by the Philippine Foreign Service Post located in the student’s country of origin or legal residence (Section 1(B)(7)(d)).
- Section 1(B)(8) requires the school, upon being satisfied of compliance, to issue a Notice of Acceptance (NOA) to the student and submit a duplicate copy to DFA, together with a certified true copy of the CHED CEA when necessary, the original copy of the student’s Personal History Statement, copies of scholastic records, and proof of financial capacity/support.
- Section 1(B)(8) requires hand-carriage of documents by the school’s designated liaison officer to the DFA under a cover letter on the school’s official stationery signed by the registrar and stamped with the school’s official dry seal, requesting that a student visa be issued.
- Section 1(B)(8) requires furnishing CHED and BI with a copy of the NOA and the CHED CEA when applicable.
Visa issuance rules and conversion prohibition
- Foreign students with approved student visa applications must secure 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 (Section 1(C)).
- Conversion from other visa category to student visa is prohibited, under Section 1(C).
- After documents are received, the Philippine Foreign Service Post must notify the student in writing and require personal appearance before a Consular Officer for interview and consular compliance, under Section 1(C).
- In addition to documents transmitted by DFA, the student must submit to the Consular Officer:
- Section 1(C)(a): original NOA containing a clear impression of the school’s dry seal;
- Section 1(C)(b): original CHED CEA if enrolled in restricted courses/programs due to shortage of facilities (e.g., Medicine or Dentistry);
- Section 1(C)(c): Police Clearance issued by the national police authorities in the student’s country of origin/legal residence, authenticated by the Philippine Foreign Service Post with consular jurisdiction;
- Section 1(C)(d): Medical Health Certificate issued by an authorized physician, including standard-size chest x-ray.
- The consular office must not determine the student’s scholastic fitness for the program applied for and must issue the student visa once all requirements are accomplished, under Section 1(C).
- Upon receiving a report of visa issuance from the post, DFA must furnish notice of visa issuance to the school, CHED, BI, NBI, and NICA, under Section 1(C).
- The Foreign Service Post must forward copies of all foreign student documents to CHED for filing, and the documents must be made available to BI, NBI, and NICA whenever necessary.
Arrival, stay documents, and enrollment restriction
- Upon arrival in the Philippines, the student must report immediately to the accepting school and must enroll only in the school that issued the student’s NOA, under Section 1(D)(12).
- The school must reassess the student’s competency level and establish scholastic comparative equivalence when necessary, under Section 1(D)(12).
- The school must assist the student in obtaining the Alien Certificate of Registration (ACR) and Certificate of Residence for Temporary Student (CRTS) from the BI, under Section 1(D)(12).
- The student’s authorized period of stay must be consistent with the length of the course of study to which the student was accepted by a Philippine school, under Section 1(D)(12).
Monitoring, reporting duties, and information sharing
- Section 1(E)(14) requires schools, within one (1) month after the close of the enrollment period, to report promptly to BI, CHED, and NICA the names of foreign students accepted but who failed to enroll for the first time or for subsequent terms.
- Schools must submit a monthly status report of foreign students to the BI as may be deemed necessary by the Committee (Section 1(E)(14)).
- At the end of each term, schools must report to BI, CHED, and NICA:
- foreign students who dropped out or failed to take the final examination for the term; and
- foreign students who completed their courses, under Section 1(E)(14).
- Non-compliance by schools in submitting required reports is a ground for cancellation by CHED of the school’s authority to accept foreign students, under Section 1(E)(14).
- Section 1(E)(15) requires NICA and NBI to check, whenever necessary, the activities of foreign students brought to their attention that appear inimical to the security of the State.
- Criminal complaints filed against foreign students must be referred to the NBI for investigation and appropriate action, under Section 1(E)(15).
Immigration enforcement and visa cancellation grounds
- Section 1(E)(16) requires the BI to investigate, apprehend, and prosecute, if necessary, foreign students who are not complying with Philippine immigration laws and regulations.
- Violation of Philippine immigration laws and regulations is a ground for cancellation of the student visa and deportation of the student concerned, under Section 1(E)(16).
Exemptions for certain spouses and dependents
- Section 1(F)(a) exempts from the coverage of the Executive Order tertiary enrollment in Philippine schools of:
- spouses and unmarried dependent children below 21 years old of listed alien categories—so they are not required to secure a student visa and BI special study permit.
- The exempt categories under Section 1(F)(a) include:
- permanent foreign residents;
- aliens with valid working permits under Section 9(d), 9(g) and 47(a)(2) of the Philippine Immigration Act of 1940, as amended;
- personnel of foreign diplomatic and consular missions residing in the Philippines;
- personnel of duly accredited international organizations residing in the Philippines;
- holders of Special Investor’s Resident Visa (SIRV) and Special Retiree’s Resident Visa (SRRV); and
- foreign students coming to the Philippines with 47(a)(2) visas issued pursuant to existing laws, including P.D. 2021.
- The privilege under Section 1(F)(a) is extended to principals who may wish to use educational facilities in the country.
- Section 1(F)(b) exempts children already enrolled before marriage and/or before reaching age 21 from needing a student visa and BI special study permit to finish studies, as long as principals remain in the country under any of the admission categories listed in Section 1(F)(a).
- Section 1(F)(c) allows spouses and children of personnel of foreign diplomatic and consular missions and duly accredited international organizations who are in the Philippines 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, when their principals lose admission category as Foreign Government Official under Section 9 (e).
- The privilege under Section 1(F)(c) is also extended to principals who may wish to take advantage of educational facilities in the country.
Inter-agency committee creation and functions
- Section 2 creates the Inter-Agency Committee on Foreign Students referred to as the Committee.
- The Committee’s membership includes:
- CHED with a Chairman;
- DFA with a Co-Chairman;
- DECS with a Member;
- BI with a Member;
- NBI with a Member; and
- NICA with a Member.
- Section 3(a) tasks the Committee to promulgate simplified procedures and implementing guidelines governing entry and stay of foreign students and rules limiting school transfers and course shifting within sixty (60) days from effectivity.
- Section 3(b) requires the Committee to monitor and coordinate implementation with concerned departments and agencies.
- Section 3(c) requires regular meetings to assess progress and ensure effective encouragement of promoting the Philippines as a center for education in the region.
- Section 3(d) authorizes the Committee to request representatives from other agencies and/or the private sector to attend meetings when necessary and proper.
- Section 3(e) requires the Committee to submit a semi-annual report to the Office of the President through the Office of the Executive Secretary before the end of September and February of each school year.
- Section 4 provides that CHED shall provide the secretariat to support the Committee.
Repeal and separability rules
- Section 5 repeals all other executive issuances, regulations, or parts thereof that are inconsistent with Executive Order No. 423.
- Section 6 provides that if any part or provision is held unconstitutional or contrary to law, other parts or provisions not affected remain in full force and effect.