DepEd Stands Firm: No to Foreign Ownership in Philippine Basic Education

The Department of Education (DepEd) has recently voiced its concerns over proposals to allow foreign ownership of basic education institutions. This significant change is proposed to be implemented by amending the provisions in the 1987 Constitution.

Education Undersecretary Omar Alexander Romero warned lawmakers that such an amendment could potentially affect the mandate of DepEd and result in the expansion of foreign entities’ control over the education system. Romero expressed his concerns during the House committee of the whole’s deliberation on Resolution of Both Houses (RBH) No. 7.

Romero stated, “The department is of the view that the proposed amendments of both Houses of Congress to Paragraph 2, Section 4, Article 14 of the 1987 Philippine Constitution have far-reaching consequences and serious implications with respect to the mandate of the department and the exercise of its functions.”

He further explained that 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 but by other entities as well.

Romero emphasized that since basic education is a critical part of shaping the country’s children, management of the country’s education should be left only to Filipino citizens. He noted, “In this light, the scope and limits of control and administration are put into question, including processes defining who, what, and how education shall be administered.”

Romero strongly objected to the amendment, questioning whether it would allow foreign entities to teach. He said, “During the foundational years of basic education, learners undergo crucial development across various areas including physical, social, emotional, cognitive and values. As this phase lays the foundation for future learning, it is essential that the Philippine curriculum is exclusively implemented by Filipino citizens.”

Under RBH No. 7, the phrase “unless otherwise provided by law” will be inserted in the following portions of the Constitution:

Section 11 of Article XII (National Patrimony and Economy), where the phrase “unless otherwise provided by law” will be inserted in the provision that bars foreign ownership of a public utility, except in a case where 60 percent of the total capital belongs to Filipino citizens.
Section 4 of Article XIV (Education, Science and Technology, Arts, Culture, and Sports) where the phrase “unless otherwise provided by law” will be inserted in the provision that bars foreign ownership of basic educational institutions, except in a case where 60 percent of the total capital belongs to Filipino citizens.
Section 11 of Article XVI (General Provisions) where the phrase “unless otherwise provided by law” will be inserted in two portions:
- First – the provision that bars foreign ownership in the advertising industry, except in a case where 70 percent of the total capital belongs to Filipino citizens.
- Second – the provision that limits foreign investors participation in entities to how much their capital share is.

The phrase will allow Congress to pass laws that will prescribe the rate of foreign ownership for these industries.