Correct Interpretation of Section 46 of the DepEd 2010 Revised Manual of Regulations for Private Schools in Basic Education

DOJ OPINION NO. 010, s. 2013 January 18, 2013 Atty. Edwin M. Joyas Legal Officer III Department of Education Region IV-A (CALABARZON) Gate 2, Karangalan Drive Cainta, Rizal Dear Atty. Joyas : This has reference to your request for legal opinion on the correct interpretation of Section 46 of the provision of the Department of Education (DepEd) 2010 Revised Manual of Regulations for Private Schools in Basic Education 1 (DepEd 2010 Manual), relative to the use of the word "Foreign" or "International", or the name of a foreign country by private schools. The request, it appears, stemmed from the prohibition of the DepEd, pursuant to the above-mentioned section of the DepEd 2010 Manual, to use the word, "Foreign", "International", or the "name of a foreign country" in the school name of a private school. You state that some private schools have sought exemption from the coverage of this prohibition raising the following arguments, to wit: "1.) That they are authorized to use the word, 'international' because they have been accepting foreign students ever since and they have been granted the Authority to Accept Foreign Students by the BID; "2.) That they are using foreign curriculum and offering foreign program; "3.) That they have been using such words prior to the prohibition in the Manual, hence, they have already acquired vested right over such name and due to the general principle of prospective applications of law; and "4.) That the use of the words 'global', 'international', 'Asia', and 'Asia & the Pacific' is not within the purview of the prohibition." At the outset, the Secretary of Justice has always adhered to the policy that subordinate officials, instead of seeking the advice of this Department, may on matters confronting them in the exercise of their official duties, as a matter of official courtesy and sound administrative practice, consult their chief or head of office, who may competently resolve the issue without seeking assistance from another office. 2 However, for your information and guidance only, we would like to state some relevant observations. Rules and regulations issued by administrative agencies pursuant to legislative authority granted to them has the force and effect of law. 3 The provision of Section 46 of DepEd 2010 Manual adverted to provides: "Section 46. Use of the word "Foreign" or "International" or Name of a Foreign Country. Only a school established for foreign personnel and their dependents and for other temporary residents shall be allowed by the Department to use as part of the name of the school the word "Foreign" or "International" or the name of a foreign country." In connection therewith, we refer you to Section 47 of the DepEd 2010 Manual which provides the manner of establishing a foreign or international school, thus: "Section 47. Manner of Establishing a Foreign or International School. A foreign or international school may be established through legislation or by applying to any foreign or international school the same terms and conditions or requirements governing the grant of government authority to operate a pre-school, elementary or secondary course or a year level therein subject to the condition that the school is established for foreign diplomatic personnel and their dependents and for other foreign temporary residents. It will be allowed only by the Department to use the school calendar and curricular program in basic education of a foreign country subject to limitations or regulations that the Secretary may impose." (Emphasis supplied) Corollarily, Section 5 (h) of DepEd 2010 Manual defines "Foreign or International School", thus: "Section 5. Definition of Terms. Except as otherwise provided the terms below shall be construed as follows: a. . . . h. "Foreign or International School", as distinguished from a Philippine private school, is one that is duly established and authorized in accordance with existing Philippine laws to operate certain educational programs which primarily and principally adhere to either universally accepted and recognized educational policies and standards or the unique differentially prescribed system of education of a particular country other than the Philippines. (Emphasis supplied) Evidently, the controlling factor in determining the international character of a private school is the purpose of its creation, that is , it is principally established to cater to a specific class of students who may either be 1.) diplomatic personnel and their dependents; or 2.) other temporary foreign residents. The establishment of a foreign school is not simply determined by the presence and/or acceptance of foreign students or usage of the foreign curriculum or offering foreign programs in school, but is determined by the manner the school was established, which may be done either by legislation or by applying to any foreign or international school the same terms and conditions or requirements governing the grant of government authority to operate a school. The provisions above-quoted are clear. Thus, there is no room for interpretation; there is only room for application. The rationale is because when the law is clear, plain and free from ambiguity, it must be given its literal meaning without attempted interpretation. 4 When the language of the law is clear and unequivocal, the law must be taken to mean exactly what it says. 5 Please be advised accordingly. Very truly yours, (SGD.) LEILA M. DE LIMA Secretary Footnotes 1. Department Order No. 88, series of 2010. 2. Sec. of Justice Op. No. 55, s. 2009, citing DOJ Op. No. 6, s. 1988; Nos. 38 and 67, s. 1999. 3. Commissioner of Internal Revenue vs. Solid Bank Corporation; G.R. No. 148191, 25 November 2003; 416 SCRA 436, 448. 4. Ramos vs. Court of Appeals, 108 SCRA 728, 733. 5. San Juan de Dios Hospital Employees Association-AFW v. NLRC, 282 SCRA 316.