Mr. Proceso K. De Gola

August 7, 1989 Mr. Proceso K. De Gola Candelaria, Quezon Sir : This refers to your letter, dated July 11, 1989, requesting the opinion of this Commission on whether a foreigner may be elected as member of the Board of private educational institution and as chairman thereof in the light of Section 4(2) Article XIV of the Philippine Constitution. The New Philippine Constitution indubitably spells out and defines the national policy relative to the control and administration of educational institution. Article XIV Sec. 4(2) thereof provides, thus: "The control and administration of educational institution shall be vested in citizens of the Philippines." Corollary thereto, Presidential Decree No. 176, issued on April 16, 1973, implementing Section 8(7) Article XV of the old Philippine Constitution (Now Article XIV Section 4(2) of the 1986 Constitution, provides: "2. Control and Administration . The control and administration of all educational institution already established or hereafter to be established in the Philippines shall be vested in citizens of the Philippines. Membership in the governing bodies or boards of such education institution shall be limited to citizens of the Philippines ." (emphasis supplied). Thus, pursuant to the aforecited provisions of the Constitution and P.D. No. 176, foreigners are banned from becoming members of the board of directors of educational institution. Neither can a foreigner be elected as chairman of the said governing body. Please be advised accordingly. Very truly yours, (SGD.) RODOLFO L. SAMARISTA Associate Commissioner