CHED, DepEd mull permitting foreign ownership of education institutions

Agencies under the education sector on Monday offered diverging views on whether or not to allow foreign entities to have full control and administration of the education institutions in the country.

The Philippines is one of the strictest countries in terms of foreign ownership in the ASEAN region, according to the Second Congressional Commission on Education or EDCOM 2.

Singapore, Malaysia, Vietnam, Myanmar, Laos, and Cambodia permit full foreign ownership.

Commission on Higher Education chairperson Prospero de Vera III said the agency "does not object" to the amendments that will open up control and administration of educational institutions to foreign nationals, which Resolution of Both Houses 7 is putting forward.

"What we have observed in the other ASEAN countries over the past years is that opening up ownership and control of the educational institutions in higher education has made them more competitive in their internationalization efforts," De Vera told lawmakers during the fourth Committee of the Whole proceedings on RBH 7 on Monday.

House's RBH 7 seeks to relax the economic restrictions of foreign ownership on Articles 12, 14, and 16, which cover public services, education, and the advertising industry.

According to De Vega, the Philippines is one of the very few countries in the ASEAN region that has restrictions on foreign ownership and participation in higher education.

He said that the transnational education law of the Philippines, while it has been promulgated, is "less attractive" to foreign companies than those existing in other countries in the region particularly Malaysia.

"There are various models in the region like those of Malaysia and Singapore, which not only amended their laws to allow foreign companies to participate in their higher education structure but more importantly, incentives have been put together by government to encourage foreign schools to set up and participate in higher education," he said.

The CHEd chief pitched that the government should mimic the scheme so that the Philippines can benefit from the participation of foreign nationals and firms.

DepEd Undersecretary Omar Romero, however, voiced fierce opposition on RBH 7, specifically the proposed amendments to Paragraph 2 Section 4 Article 14 of the 1987 Constitution.

Romero said the proposed amendments to the said provision "have far-reaching consequences and serious implications" to DepEd's mandate for the exercise of its functions.

“The phrase 'unless otherwise provided by law' and its underlying rationale could potentially serve as a gateway to expand the scope of control and administration over educational institutions not solely by citizens of the Philippines and other entities as well,” he averred.

Moreover, he said expanding the scope and administration of educational institutions to foreign entities may affect programs and commitments of the DepEd specifically to the implementation of curriculum.

"It is essential that the Philippine curriculum is exclusively implemented by Filipino citizens. This ensures alignment with the specific needs and context of the country,” he said.

"How can foreign entities who are not citizens of the Philippines and therefore may lack first-hand experience with Filipino culture and values effectively impart a sense of patriotism and nationalism to learners?” he asked.

Article 14 Section 3 of the Constitution states that educational institutions shall inculcate patriotism and nationalism.

“Having foreign entities control and administer basic education in the Philippines may run contrary to this undertaking," Romero continued.

The 37-year-old Charter mandates that foreign equity participation in educational institutions cannot exceed 40 percent and that educational institutions exclusively for aliens, diplomatic personnel, and their dependents, may only be established in the Philippines through legislation.

The susceptibility to external and foreign influence also raises concerns about national security as it may expose educational institutions to infiltration and compromise, according to Romero.

The DepEd is headed by Vice President Sara Duterte, who has been outspoken on bucking Cha-cha proposals.