Legal basis and referenced laws
- Executive Order No. 704 is issued under Section 9(f) of the Philippine Immigration Law of 1940, as amended.
- Executive Order No. 704 is also issued under Section 7 of Executive Order No. 104 (series of 1968).
- Executive Order No. 704 uses Section 9(f) to govern the student visa basis for certain foreign minors entering for school purposes.
- Executive Order No. 704 references Section 29 of the Immigration Law through a prohibition on admitting applicants who are excludable under Section 29.
Policy and purpose of the rules
- Executive Order No. 704 establishes admission rules for minor children of foreign permanent residents enrolled in Philippine elementary and secondary schools.
- Executive Order No. 704 creates distinct admission rules for resident minor children and non-resident minor children entering solely to enroll.
- Executive Order No. 704 mandates monitoring, reporting, and enforcement to prevent overstays and violations of entry and stay conditions.
- Executive Order No. 704 requires coordination among the Commission on Immigration and Deportation, Ministry of Foreign Affairs, and Ministry of Justice.
Definitions and who qualifies
- Executive Order No. 704 covers minor children of foreign permanent residents in the Philippines.
- Resident children covered are minor children who are registered as such with the Commission on Immigration and Deportation and are above seven (7) years of age.
- Non-resident children covered are minor children above seven (7) years of age who are coming to the Philippines for the sole purpose of enrolling in a Philippine elementary or secondary school.
- Legitimate child is required for eligibility under the resident-child admissions rules.
Scope: schools, age, and admission pathways
- Executive Order No. 704 allows enrollment in any elementary or secondary school in the Philippines for eligible resident children.
- Executive Order No. 704 applies to admission of minor children for elementary and secondary school enrollment.
- Executive Order No. 704 uses an age threshold of above seven (7) years of age for both resident and non-resident admissions.
- Executive Order No. 704 provides one admission pathway for resident children (enrollment subject to conditions) and another pathway for non-resident children (student visa application at the consular office at the port of origin).
Substantive admission rules
- Section 1(1) provides that resident children of foreign permanent residents, above seven (7) years of age and registered with the Commission on Immigration and Deportation, may enroll in any elementary or secondary school in the Philippines if all conditions are present:
- The parents are foreign permanent residents in the Philippines and have legally acquired their admission status as such.
- The applicant is the legitimate child of a foreign permanent resident in the Philippines.
- The applicant is qualified to enroll in any elementary school or high school under Ministry of Education and Culture enrollment rules for foreign students.
- Section 1(2) provides that non-resident children of foreign permanent resident(s) in the Philippines, above seven (7) years of age, coming solely to enroll in elementary or secondary school may be admitted and issued a student visa under Section 9(f) of the Philippine Immigration Act/Act of 1940, as amended.
- Section 1(2) requires non-resident applicants to apply for the student visa at the Philippine Consular Office at the port of origin.
- Section 1(2) prohibits the Philippine Consular Office abroad from issuing a student visa unless approved by the home office, and subjects issuance to:
- Section 1(2)(a): the applicant must be not excludable under Section 29 of the Immigration Law.
- Section 1(2)(b): the initial period of admission must be for one (1) calendar school-year, as determined by the Ministry of Education and Culture, without extension; after expiration, the applicant must leave the Philippines.
- Section 1(2)(b): continuing enrollment requires repeating the same procedure for each school year, with authorized stay for one (1) calendar school-year without extension, and leaving the Philippines upon expiration.
- Section 1(2)(b): continued authorization for succeeding school-years requires compliance with the academic requirements imposed by the Ministry of Education and Culture on enrollment of foreign students and that no derogatory information is submitted against the applicant by the proper government offices.
- Section 1(2)(c): an affidavit of guarantee of support and return fare to the applicant at the applicant’s port of origin must be executed by the applicant’s parents.
- Section 1(2)(d): no change of admission status from that authorized for the original entry is allowed.
- Section 1(2) provides that each succeeding school-year follows the same procedure and the same conditions when academic requirements are met and no derogatory information is submitted.
- Section 1(2) requires departure upon expiration of the authorized period of stay for both initial and succeeding school-years.
Monitoring, reporting, and enforcement duties
- Section 1(3) directs the Commission on Immigration and Deportation, in coordination with the Ministry of Foreign Affairs, to adopt a system to monitor and record:
- the names of foreign students issued and/or admitted with student visas; and
- their respective dates of arrival and departure from the Philippines.
- Section 1(3) requires the system to generate monthly reports to the Ministry of Justice, Ministry of Education and Culture, and the National Intelligence Service Agency, listing any foreign students who:
- overstay; and
- violate the conditions of their entry and stay in the Philippines.
- Section 1(4) assigns the Ministry of Justice oversight of Commission on Immigration and Deportation compliance with all rules, regulations, and other matters within the Commission’s jurisdiction, particularly:
- entry of alien students to the Philippines;
- departure upon expiration of authorized stay; and
- violations of the conditions of stay.
- Section 1(4) requires that legal questions raised on these matters be submitted to the Ministry of Justice for resolution.
- Section 1(5) requires the Ministry of Education and Culture to furnish the Ministry of Justice, the Ministry of Foreign Affairs, and the Commission on Immigration and Deportation with a list of alien students who fail to comply with Ministry rules governing enrollment of alien students.
- Section 1(6) mandates that the Commission on Immigration and Deportation take immediate steps to deport alien students who:
- fail to comply with the Ministry of Education and Culture regulations on enrollment of foreign students;
- overstay beyond the authorized period of stay; or
- violate the conditions of their admission.
Supersession and enforcement mandate
- Section 1(7) supersedes and/or modifies all Cabinet Policies, Office Orders, Rules and Regulations or parts thereof that are inconsistent with Executive Order No. 704.
- Executive Order No. 704 is ordered for strict compliance and enforcement.