THERE is no need to introduce amendments to the 1987 Constitution to allow foreign ownership of higher educational institutions, University of the Philippines System president Angelo Jimenez yesterday told the Senate sub-committee on Constitutional Amendments and Revision of Codes.
Jimenez was one of the resource persons invited to attend the sub-committee’s third hearing on proposed Resolution of Both Houses (RBH) No. 6, which calls for amendments on the economic provisions of the Constitution limited only to public utilities, education, and advertising.
“We believe that the issue today of foreign ownership is a matter not of Constitution or law, but basically a matter of policy,” Jimenez said.
He added: “Our position is that the wording of the Constitution provides for an expansive enough zone of construction that we might not need to actually even touch its prohibition as it stands today.”
Jimenez said that based on the records of the constitutional convention which framed the 1987 Charter, foreign ownership of educational institutions was not even mentioned.
“Even in basic education, they were not talking of disallowing foreign ownership. They were debating about the level of foreign ownership. So, there is no statement in the Constitution that abhors foreign participation in the educational system. It is our position,” he said, adding that the 60-40 ruling on foreign ownership is not in the Constitution as far as higher educational institutions are concerned.
He said what should be threshed out is “what do we need from them (foreign investors)? Or what kind of foreign equity?”
He said another issue that needs to be clarified is the hiring of foreign professionals once foreign ownership of colleges and universities pushes through since “they cannot get tenure as of now.”
Jimenez said the hiring of Filipinos who earned their doctorate or masteral degrees abroad may also be an issue since local colleges and universities require that educators should take their post graduate courses in the country.
Former Commission on Higher Education (CHED) chairperson Patricia Licuanan said she is against the proposal to amend the Constitution to relax restrictions on foreign ownership of educational institutions in the country.
“I do not favor amendments to restrictions on foreign ownership of educational institutions at any level,” Licuanan, who was also one of the resource persons, said.
She said that while foreigners holding equity stakes in Philippine schools is not a problem as this gives resources for education, many higher education institutions (HEIs) are already pursuing partnerships with foreign universities and CHED’s internationalization policy already encourages and supports this.
“Such partnerships could and should be developed further without Charter change,” she said, adding:
“Foreign universities, while possibly attracted by our large young population, will soon discover after careful market studies that branch campuses in the Philippines will not be sustainable.”
Licuanan also said the Senate should take into consideration the position of the Second Congressional Commission on Education (EDCOM II) on foreign ownership of schools. EDCOM II was formed to undertake a comprehensive national assessment of the country’s education sector.
“Its (EDCOM II) over 300-page first year report spells out in no uncertain terms the dimensions of the crisis in Philippine education but does not even hint at a need for change in the policy on ownership of schools to address these problems,” she said.
EDCOM II executive director Dr. Karol Mark Yee said amending the Charter to allow foreign ownership of HEIs is only the first step to promote internationalization of the country’s educational system since the Philippines has one of the strictest restrictions in Southeast Asia.
“In our analysis, the Philippines is one of the strictest countries in terms of foreign ownership in ASEAN, where Singapore, Malaysia, Vietnam, Myanmar, Laos, and Cambodia actually permit full ownership. Only in the Philippines is foreign ownership also stipulated in the constitution,” Yee said.
Despite the limitations, Yee said there is a need to explore avenues for attracting foreign investment in the education sector as what was done in Singapore and Malaysia, where generous government incentives and policy adjustments have successfully attracted top-notch institutions.
Yee also stressed the importance of regulatory capacity-building within government agencies, particularly the Department of Education (DepEd), the CHED, and the Technical Education and Skills Development Authority (TESDA).
“There’s a need to strengthen the capacity of DepEd, CHED, and TESDA to regulate the possible entry of poor-quality institutions,” he said as he highlighted the critical role of the three agencies in upholding educational standards.
‘PROCEED WITH CAUTION’
Coordinating Council for Private Educational Associations (COCOPEA) president Fr. Albert Delvo said the Senate should “proceed with caution” in deciding to open HEIs to foreign ownership.
“We respectfully urge lawmakers to proceed with caution regarding introducing amendments to the pertinent provisions because this will have long-standing complicated repercussions or implications to the Filipino generations to come,” Delvo said as he pointed out that allowing foreign ownerships will have an adverse impact “to our Filipino culture, values, morals, (and) spiritual matters. They may be in danger.”
Delvo said there is no problem with the current setup of a 60-40 ownership (60 percent Filipino, 40 percent foreign). “Because it serves the interest of the Filipino people. So, we’re comfortable with that at the moment… We’ll be working, we are open to working constructively with the legislators to find ways and means to really level up the quality of education in the country and at the same time, safeguard the interest of the nation,” he said.
Philippine Association of Colleges and Universities (PACU) legal counsel Alexander Calaguas said the proposal to relax the Constitution’s provision on education “may run counter” to the other provisions, particularly on “fostering patriotism and nationalism.”
“We hope that we are not losing sight of their significance when we engage in such discussions,” Calaguas said.
BASIC EDUCATION
Sen. Juan Edgardo Angara, sub-committee chairman, assured the public and stakeholders that the Senate’s discussions on RBH 6 will be limited to foreign ownership of HEIs and will exclude basic education, which he said will remain under the control and ownership of Filipinos.
“The intention is to keep basic education in the hands of Filipinos,” Angara said.
In advocating for full Filipino ownership of basic education, Angara cited the perspectives of the late Commission on Human Rights chair Chito Gascon, who served as the youngest member of the 1987 constitutional commission.
“As [Gascon] says in the records, Filipino schools and Filipino-owned institutions play a very important part in the instilling of values and the molding of Filipino youth,” Angara said, adding: “We want to maintain that societal or public goal, and we’re looking at really, we’re considering the possibility of amending the constitutional provision, which currently allows a 60-40 arrangement.”
‘WITHOUT FUSS’
President Marcos Jr. yesterday said amendments to the Constitution should be done ‘’without any fuss” as he stressed that “the more important thing is getting the needed amendments for the benefit of the people.”
In a chance interview after the 16th Ani ng Dangal 2024, Marcos also said it has been decided “months ago” that the Senate would take the lead in Charter change moves.
“What for me is more important than these proclamations and pronouncements is to get it done… We do it quietly. We do it you know, without any fuss. We just want to get those amendments incorporated in the Constitution to improve the chances of investment and upskilling of the people,” he said.
He also said: ‘’What’s happening now… I always said the Senate will take the lead. The Senate is taking the lead and between the two houses, they will come to an agreement and that will be the way we will do it.”
Marcos said he was puzzled by the continued bickering by members of the Senate and the House of Representatives since the leadership of the two houses of Congress have already reached an agreement on the issue.
RBH 7
Angara said the filing of Resolution of Both Houses No. 7 at the House of Representatives is a “welcome development” as it will give members of the lower chamber the chance to pass its own version of the proposed amendments to the Constitution.
“The House has to pass their own version… kailangan they have their own version (The House has to pass its own version… they need to have their own version),” Angara said.
RBH 7, the counterpart version of RBH 6, was filed by congressmen last Monday.
Congressmen said they filed RBH 7 to put an end to allegations that they are pushing for political amendments to the Charter, and to speed up the process so Charter change discussions can be finished next month before Congress goes on a summer break.
Angara said should the Senate and the House versions would have different versions of the measure, a bicameral committee will be convened to iron out the difference, with members of the bicameral panel “voting separately.”
“So, before i-finalize namin yung amendments, mag-uusap din kami, I think kahit informally para plantsado na (Before we finalize the [proposed] amendments, we have to talk first, even in an informal meeting, so everything will be ironed out),” he said.
Former Sen. Panfilo Lacson urged his former colleagues in the upper chamber that the issue on the “voting separately or jointly” should first be resolved before they agree to a joint session with the House.
“If I may advise my former colleagues, oras na pumasok sila sa joint session at hindi na-resolba ‘yung voting jointly or separately, balang araw baka magsisi sila. Kasi nandoon na sila sa loob ng joint session. Ito ang magkakaroon ng course of action kasi may controversy sa interpretation sa Constitution
(If I may advise my former colleagues, because the moment you enter into a joint session and the issue of voting jointly or separately has not been resolved, you might regret it as you are already in a joint session. This will now have a course of action because there is controversy in the interpretation in the Constitution),” Lacson said.
Rep. Jude Acidre (PL, Tingog), a deputy majority leader, said the House and Senate have now found a common ground after the House on Monday filed RBH 7.
“If we really look at it, the House and the Senate have found the middle ground, have found the common ground for future actions on what to amend,” he told a joint press conference with fellow House leaders. “We’ve agreed on what the Senate has actually proposed, and the House is also doing parallel efforts to go through the process of approving the same version.” — With Jocelyn Montemayor and Wendell Vigilia
