Foreigners-only schools

IF THE NUMEROUS English-language teaching centers in our urban centers today that cater to Koreans is used as the yardstick, we have reason to say that the Philippines has good linguistic educational facilities.

The Koreans are, to paraphrase a popular song, “here, there and everywhere” to (supposedly) learn the King’s English.

Although the cost of living in our country is lower compared to theirs, residing and studying here still entails a lot of money.

Depending on your personal experience, their presence is either a boon or bane. Like other nationalities, they have their own share of obnoxious characters and good neighbors.

There is also a noticeable increase in the number of Indians and mainland Chinese enrolled in schools that offer pilot training and aircraft maintenance courses.

Despite the present global financial crisis, the domestic transportation needs of India and China, two of the world’s emerging economic powers, are expected to grow further.

Their citizens are taking advantage of the low cost, yet excellent, educational and training facilities available in our flying schools.

Foreigners

Although open to the public (as long as they can pay the tuition fee, of course), these educational centers have virtually assumed the character of “foreigners-only” schools.

The question of whether schools whose enrollment is limited to temporary resident foreigners may legally operate in our country was the subject of a query to the Securities and Exchange Commission.

A company organized in Australia wanted to put up a school in the Clark Special Economic Zone that would provide technical and vocational courses to temporary residents coming from, among others, China, Nepal, Korea and Vietnam.

Under existing regulations, these kinds of courses fall under the regulatory supervision of the Technical Education and Skills Development Authority, or Tesda.

As planned, the teaching and administration staff of the school will consist mainly of Australians.

With the use of an Australia-based curriculum taught by an Australian faculty, its students, upon graduation, would be accredited to the Australian educational system.

The substantive participation of Australians in the activity is critical because without it, the certificate of completion that would be given to the graduates will not be entitled to the benefits that accrue to an accredited Australian educational institution.

Education

The key element of the issue is the constitutional provision that states that educational institutions, other than those established by religious groups and mission boards, shall be owned solely by Filipino citizens, or corporations or associations at least 60 percent of the capital of which is owned by Filipinos.

To accomplish the desired nationalistic character of our schools, the Constitution further provides that “no educational institution shall be established exclusively for aliens and no group of aliens shall comprise more than one-third of the enrollment of any school.”

In an apparent concession to globalization, however, the Constitution excluded from the prohibition the schools that are established for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign temporary residents.

Citing an earlier opinion of the Department of Justice and the deliberations of the 1986 Constitutional Commission, the SEC said that as far as “foreign diplomatic personnel and their dependents” are concerned, their right to form their own schools is already vested.

As part of international comity, no law may be passed, even if Congress wants to, barring foreign embassies from providing for their own system of education for their staff and their dependents in the manner and style they see fit.

Requirement

But the situation is different for “other foreign temporary residents.”

For now, because of that constitutional provision, schools organized for their exclusive use can operate.

If for any reason, however, Congress decides in the future to lift or repeal the enjoyment of that privilege, the “foreigners-only” schools will have to close shop.

Meanwhile, since there is no such law, the SEC stated that the proposed technical school that will be managed by an Australia-based corporation, using Australian educational standards and procedures, for the benefit of temporary foreign residents is welcome.

The SEC emphasized though that the exemption from the restriction on ownership of educational institutions does not mean that the corporation is excused from complying with the relevant provisions of the Corporation Code and other rules and regulations.

Considering that the establishment of a school at the Clark Economic Special Zone would constitute doing business in the Philippines, the corporation is obliged to apply for and secure a license for that purpose in accordance with existing regulations.–Raul J. Palabrica, Philippine Daily Inquirer

(For feedback, please write to rpalabrica@inquirer. com. ph)