Recognition of Brent School as an Educational Institution of International Character
Presidential Decree No. 2022, issued on January 31, 1986, recognizes Brent School as an educational institution of international character, catering primarily to the children of foreign residents. The decree grants the school special prerogatives, allowing it to determine its own curriculum, fee structures, and faculty hiring processes, independent of typical government oversight. Brent School is required to maintain educational standards comparable to internationally recognized institutions and promote international goodwill among its diverse student body. Additionally, the decree exempts foreign personnel from certain Philippine entry regulations, provided they meet specific conditions. Implementing rules for the decree were established to ensure compliance with Philippine laws while allowing Brent School to function effectively.
January 31, 1986
PRESIDENTIAL DECREE NO. 2022
RECOGNIZING BRENT SCHOOL AS AN EDUCATIONAL INSTITUTION OF INTERNATIONAL CHARACTER, GRANTING IT CERTAIN PREROGATIVES CONDUCIVE TO ITS GROWTH AS SUCH, AND FOR OTHER PURPOSES
WHEREAS, BRENT SCHOOL is a domestic educational institution established primarily for the teaching of children and/or dependents of foreign residents and as such is exempt from the provisions of Sub-section (7) of Article XV, Section B of the Constitution; DTEScI
WHEREAS, in view of the widening diplomatic, trade and commercial relations as well as the attendant international interaction of the Philippines with various countries of the world, it is essential that educational institutions providing media of instruction responsive to the varying needs of people of diverse origins, races and orientations at standards that can command world recognition be encouraged, if not established;
WHEREAS, BRENT SCHOOL, since its incorporation in 1954, has efficiently served and adequately responded to the educational needs of its students who are children of foreign nationals and expatriates from all over the world;
WHEREAS, the services and instructions provided by BRENT SCHOOL to its students of foreign parentage in reality vest in such school the character and attributes of an educational institution of international character, level and dimension;
WHEREAS, to encourage and enable BRENT SCHOOL to pursue its mission of providing and maintaining a high standard of instruction proven to be suitable to the foreign components of its studentry and to enable it to pursue its objectives and purposes more effectively with a minimum of bureaucratic constraint, it is necessary to clothe it with special prerogatives and character.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order that:
SECTION 1. BRENT SCHOOL shall henceforth be an educational institution of international character and as such shall be classified and treated by the Ministry of Education, Culture and Sports as a school of special character composed of an international student body and faculty and with a management-scheme, funding, program, curriculum structure and academic standards separate and distinct from those normally under the control and supervision of the Ministry of Education, Culture and Sports;
SECTION 2. To enable BRENT SCHOOL to continue implementing, executing or improving its curricular standards and educational program, it shall:
a. determine its own curriculum, standards and medium of instruction, teach whatever language or languages it may deem proper and determine the amounts, categories and kinds of fees and assessments it may impose on its students and the compensation of its teachers, consultants, employees and necessary personnel to enable it to maintain the standard of education it has adopted; STCDaI
b. determine the kind and number of personnel it may hire or utilize and to determine their respective designations and qualifying requirements;
c. select, appoint, employ, designate, dismiss and/or discipline its own teachers, instructors, professors, consultants, managers and employees including scholars of whatever nationality. Foreign nationals so selected, appointed, employed or designated shall be exempted from laws or regulations otherwise applicable to aliens seeking entry into the Philippines; provided that such exemption shall not cover said foreign nationals liability for income taxes or for penal offense(s) punishable under Philippine laws;
d. to determine, adopt, formulate, administer and execute its own rules relating to acceptance and/or expulsion of scholars or students and employment of teachers/instructors, professors, consultants or other school personnel and those relating to the Administration and conduct of its affairs, operations or programs provided they do not transgress Philippine laws;
e. whenever necessary, in order to carry out its objectives, have the right to obtain leases on properties, real or personal, tangible or intangible, or any interest in such properties, either by purchase, lease, barter, donation, gift or otherwise and to transfer, dispose of, mortgage or encumber the same for the benefit of such school;
f. establish its own school calendar and work-schedules to maximize efficiency and maintain, enhance, improve and promote the quality of education or instruction it has adopted for the benefit of its students;
g. maintain standards of education compatible, if not superior to those obtaining in similar schools of recognized international standing;
h. endeavour to promote international friendship, goodwill and understanding among its students as well as among members of the foreign community and citizens of the Philippines; and
i. not prescribe subjects or provide instruction derogatory to the Philippines and the Filipinos nor designed to undermine or subvert its institutions and government. IESDCH
SECTION 3. The Minister of Education, Culture and Sports in coordination with the other Government agencies concerned, shall issue the necessary implementing rules to carry into effect the purpose of this Decree.
SECTION 4. All laws, decrees, orders, rules or regulations, or parts thereof, inconsistent with this Decree are hereby repealed or modified accordingly.
This Decree shall take effect immediately.
DONE in the City of Manila, this 31st day of January, in the year of Our Lord, Nineteen Hundred and Eighty-Six.
BRENT SCHOOL
PASIG, METRO MANILA
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF EDUCATION
CULTURE & SPORTS
MANILA
RE: PD 2022 — A DECREE RECOGNIZING BRENT SCHOOL AS AN EDUCATIONAL INSTITUTION OF INTERNATIONAL CHARACTER, LEVEL AND DIMENSION, GRANTING IT CERTAIN PREROGATIVES CONDUCIVE TO ITS GROWTH AS SUCH, AND FOR OTHER PURPOSES
RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF PRESIDENTIAL DECREE NO. 2022
In accordance with the provisions of Section 70 of the Education Act of 1982 (B.P. No. 232) and other applicable laws, the following rules and regulations to implement the provisions of Presidential Decree No. 2022 are hereby promulgated:
SECTION 1. Declaration of Status. —
Brent School, Incorporated (BSI) is an international college preparatory educational institution established primarily for the teaching of children and/or dependents of foreign diplomatic personnel, other foreign temporary residents and other expatriates and as such is exempt from the provisions of Sub-Section (1), Section (3), and Sub-Section (2), Section (4), Article XIV of the Philippine Constitution of 1986. aASDTE
As such, BSI is hereby recognized as an educational institution of international character and classified as a foreign school of special character with an international student body, faculty, management composition and control, funding support, programs, curricular offerings, calendar, fee structure and academic standards.
SECTION 2. Location of the School. —
BSI is located in Baguio City and in Metro Manila, Philippines. Branches thereof may be established in such place as may be chosen by its Governing Board upon prior notice to the Department.
SECTION 3. Students. —
The school population shall consist primarily of student-members of the international community including but not limited to dependents of foreign diplomatic personnel and other temporary foreign residents, legally admitted into the country. Provided that:
a. Local Filipino students enrolled in BSI shall not exceed one third (1/3) of the entire student population in any given school year.
b. Filipino students with one foreign parent and/or Filipino students transferring to foreign schools shall be statistically considered among the foreign students.
c. Provided further that BSI shall determine, adopt, formulate, administer and execute its own rules and regulations relative to acceptance and/or expulsion of its scholars or students as well as the grade placement of students for admission based on standardized achievement tests and other acceptable tools of academic measurement.
SECTION 4. Faculty and Other Academic Personnel and Employment Standards. —
BSI shall determine the kind and number of personnel it may need in the pursuit of its objectives; select, appoint, employ, designate, dismiss and/or discipline its teachers, instructors, consultants, and other employees of whatever nationality. cSEaTH
The terms and conditions of employment shall be in accordance with the requirements on labor standards and relations as prescribed in Philippine Labor Laws and that no undue discrimination of any form will be applied on any employee by reason of age, creed, civil status or nationality.
SECTION 5. Entry Visa of Foreign Students and Foreign Personnel. —
Foreign students and foreign nationals so selected, appointed, employed or designated shall be allowed entry to the Philippines as special non-immigrants under Section 47 a(2) of the Philippine Immigration Act of 1940 as amended and shall be exempt from the payment of visa and immigration fees; provided, however, that such persons are holders of valid passports and are not otherwise disqualified from entry into the Philippines and with no derogatory information against them as provided in a Memorandum of Agreement among the Department of Education, Culture and Sports, Department of Justice and the Commission on Immigration and Deportation. Provided, further, that such exemption shall not cover said foreign national's liability for income taxes.
SECTION 6. School Calendar. —
BSI shall establish its own school calendar and work schedules in order to maximize efficiency, maintain, enhance, improve and promote the quality of education or instruction it has adopted for the benefit of its students who come from different foreign countries.
SECTION 7. Academic Standards and Curriculum Structure. —
BSI shall prescribe such academic programs and course offerings and medium of instruction as determined by its Governing Board.
It shall maintain standards of education compatible if not superior to those obtaining in similar schools of recognized international standing. It shall not prescribe subjects or provide instruction derogatory to the Philippines or to its people, nor designed to undermine or subvert its institutions and government. However, BSI shall observe the minimum requirements set by the Department of Education, Culture and Sports in graduating students who decide to pursue tertiary studies in Philippine schools, colleges and universities.
SECTION 8. Governing Board. —
BSI shall have a Governing Board which shall exercise general supervision, have exclusive control, direction of the management operations and the affairs thereof, shall establish policies and practices, and make such rules for the governance and direction of the institution. Being a school primarily for foreign students and Filipinos intending to pursue tertiary studies outside the Philippines, its Governing Board shall be composed of different nationalities including Filipinos, conformably with the exceptions provided in Article XIV, Section 4, (2) of the Philippine Constitution. DICcTa
The powers and functions of the Governing Board include but is not limited to the following:
a) appoint/remove the head of the school and delegate to the head the power to appoint or remove other school employees;
b) approve diplomas and certificates upon recommendation of the School's faculty;
c) establish and review the educational program of the School;
d) formulate annually the budget of the School;
e) authorize the construction of new building and major renovations of existing buildings of the Schools and other facilities;
f) authorize the sale and purchase of land, buildings, or major equipment for use of the School;
g) institute and promote fund-raising efforts for the School;
h) establish levels of all tuitions and fees of the School;
i) authorize the acceptance of gifts for the School;
j) supervise all officers, agents and employees of the BSI to assure that their duties are properly performed;
k) review and approve major organizational changes and long-term development programs.
SECTION 9. Reportorial Requirements. —
BSI shall furnish such information and submit reports when formally requested by government agencies concerned.
SECTION 10. International Relations. —
BSI shall promote international friendship, goodwill and understanding among its students as well as among members of the foreign community and citizens of the Philippines.
BSI, whenever possible, shall maintain its membership in the International Baccalaureate Society of Geneva, Switzerland, the Western Association of Schools, Colleges Accrediting Commission based in California, United States, and the Philippine Accrediting Association of Schools, Colleges in the Philippines, European Council of International Schools, East-Asia Regional Council of Overseas Schools, and such other similar programs and agencies. AIDTHC
SECTION 11. Applicability of Rules. —
These Implementing Rules shall govern the status, the operations and management of BSI, until repealed or otherwise amended. Provided that nothing contained herein shall exempt BSI, its governing board or officials, from any administrative or criminal liability as provided in existing laws, rules and regulations.
SECTION 12. Separability Clause. —
Any part or provision of these Rules and Regulations which may be declared invalid or unconstitutional shall not affect its remaining parts or provisions. TSIEAD
SECTION 13. Effectivity. —
These Rules and Regulations shall take effect upon its approval.
Approved: June 22, 1988