DO 29, s. 1991 – Regulating the Involvement of Alien/Foreign Students in Mass Actions and Student Organizations

March 11, 1991
DO 29, s. 1991
Regulating the Involvement of Alien/Foreign Students in Mass Actions and Student Organizations
To:    Bureau Directors
Regional Directors
Presidents, State Colleges and Universities
Heads of Private Schools, Colleges and Universities
Vocational School Superintendents/Administrators
Heads of Community Colleges/Universities
1.   Policy. – Pursuant to the provisions of Executive Order No. 104, the Philippines Immigration Act of 1940, as amended, and Batas Pambansa Bilang 232, it is the policy of the State to regulate the entry and stay of foreign students in the Philippines in the interest of national security. The DECS is cognizant of its duty to promote, enhance, and ensure the maintenance of a safe and orderly environment in schools conductive to effective teaching and learning. The DECS, likewise, recognizes the dual responsibility of educational institutions to provide opportunities to students for learning and to help them grow and develop into mature, responsible, and worthy citizens, as well as to allow the free discussion of ideas, and the exercise of free speech.
2.   Definition of Terms.  – For purpose of this Order, except as the context or subject matter otherwise requires, the following definitions of terms are given:
a.   Foreign Student  – One who belongs or owes allegiance to a country other than the Philippines and who is studying in any educational institution recognized or owned by the government of the Philippines, including researchers, trainees, grantees, scholars, and other similar categories.
b.   Mass Action – Any rally, demonstration, march, parade, procession, convocation, seminar, or any other form of meeting or assembly held by students within the premises of a school for such purpose as the discussion of issues, presentation of a cause, expression of an opinion, and/or petition for redress of grievances.
c.   Student Organization – A group of student/pupils that has a more or less constant membership, a body of officers, a purpose, and usually a set of regulations.
d.   Subversive Association/Organization  – Any association/organization, political party, or group of persons organized for the purpose of overthrowing the Government of the Republic of the Philippines by force, violence, deceit, or other illegal means, sometimes with the open or covert assistance and support of a foreign power.
e.   Public Place – Any highway, boulevard, avenue, road, bridge on other thoroughfare, park, plaza, square and/or open space of public ownership where the people are allowed access.
3.   Coverage . – In particular, these guidelines shall cover and apply to all alien/foreign students enrolled and studying in educational institutions in the Philippines.
4.   Duties and Responsibilities of Student. – In addition to those provided under existing laws and rules, students and pupils in all schools shall:
a.   Promote and maintain the peace and tranquility of the school by observing the rules of discipline, and by exerting efforts to attain harmonious relationships with fellow students, the teaching and academic staff, and other school personnel.
b.   Actively participate in civic affairs and in the promotion of the general welfare, particularly in the social, economic, and cultural development of their community, and in the attainment of a just compassionate, and orderly society.
c.   Responsibly exercise their rights in the knowledge that they are answerable for any infringement or violation of the public welfare and of the rights of others.
5.   Prohibited Activities  – Apropos to student rights, duties and responsibilities, the following constitute activities violative of law and rules:
a.   Leading or participating in rallies, demonstration, marches, parades, or any other convocations, seminars, workshops, or any other form of meeting or mass action, the purpose of which are to promote and/or maintain a rebellion or insurrection, engage in war against forces of the Government, destroy property, commit serious violence, exact contributions or divert funds for unlawful purpose;
b.   Conducting or holding student assemblies without prior written approval of school authorities;
c.   Organizing/Grouping for the purpose of overthrowing the Government of the Republic of the Philippines by force, violence, deceit or other illegal means with the oven or covert  assistance and support of a foreign power;
d.   Joining fraternities, sororities and other student organization the purpose and activities of which are contrary to the laws of the land, the rules and regulations of the school and the standards of good society, and
e.   Conspiring with any other person for the purpose of overthrowing the Government of the Republic of the Philippines or any of its political subdivisions and placing such Government or subdivisions under the control and domination of foreign power or for the purpose of removing from the allegiance to said government or it’s laws, the territory of the Philippines, or any part thereof, by force, violence, terrorism arson, assassination, deceit or other illegal means.
6.   Sanction.  – The penalty for any or all of the prohibited activities stated herein shall be expulsion and dismissal from the school and shall be ground for recommendation for deportation under the Philippines Immigration Act of 1940, as amended, specifically, Sec. 37 thereof.
7.   Miscellaneous Provisions. – As a general rule, school authorities are responsible for the regulations and overseeing of proper conduct and behavior of the school community inside the school campus. However, they may request law enforcement elements for assistance.
a.   School authorities shall formulate the necessary policies, procedures and rules governing the details of student assemblies and other activities within school premises, within the framework and constraints of this Order.
b.   Among other, the rules and regulations to be issued by the school shall identify areas in which student assemblies may be held or not held.  Activities that are encouraged or discouraged and any assistance that shall be extended or shall not be extended by school authorities.
c.   The application for any permit shall be filed with the Office of Student Affairs or any other office designated for the purpose within a reasonable time prior to any proposed student activity which shall not be less than three (3) class/school days prior to said activity.The school official responsible for processing the request for permit must act within three (3) days after receipt thereof. If the request is denied, the school official shall inform the applicant of the reason(s) for the denial. Any appeal from the decision may be taken to the school head or , in his absence, to the next ranking school official.
d.   It shall be the responsibility and the duty of the leaders or organizers of student assemblies or activities to adopt all measures and to take all steps necessary to ensure a peaceful assembly or activity.
8.   Repealing Clause. – Any previous issuances or parts thereof which are inconsistent with the provisions of this Order are hereby suspended and/or repealed accordingly.
9.   Effectivity.  – This Order shall take effect immediately.
                                                                         (SDG.) ISIDRO D. CARINO
Secretary
Reference:
Unnumbered Memorandum dated February 19, 1991
Allotment:  1-3-4—(M.O. 1-87)
To be indicated in the Perpetual  Index
under the following subject:
ADMISSION or ENROLMENT
ASSEMBLY
LEGISLATION
OFFICIALS
ORGANIZATION
POLICY
RULES & REGULATIONS
SOCIETY or ASSOCIATIONS
STUDENT