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TIME: H

Republic othe Phelipines

House of Representatives

Batasan Fils, Quezon Cty

AOD

Eighteenth Congress
First Regular Session

87
HOUSE BILL NO. 53

Introduced by Representative Florencio Gabriel “Bem” G. Noel

EXPLANATORY NOTE

This bill seeks to create programs to maximize the effectiveness of the country’s elite
professionals in science, technology, and other related disciplines geared towards the advancement and
development of the nation through programs which will enable them to pursue a wide range of advance
studies or research in their respective areas of expertise. The State shall undertake to create a critical
mass of experts from various disciplines which are integral to the progress of the Philippines and use
their knowledge and skills to develop a national “think tank” to be of service to the nation in areas such
as the academe, industry, and policy-making.

‘These selected individuals shall be known as Pensionados and shall be supported by the
government to undertake advance studies in institutions or research centers selected and recognized by
the goverment, and are focused on certain priority areas for development.

In view of the foregoing, the passage of this bill is earnestly sought.

FLORENCIO GABRIEL “BEM” NOEL


Repub of the Phipps
House of Representatives

Batasan Wilts, Zuczon City

Eighteenth Congress
First Regular Session

HOUSE BILLNo._°387__

Introduced by Representatives Florencio Gabriel “Bem” G. Noel

AN ACTCREATING AN ADVANCED STUDIES DEVELOPMENT
PROGRAM FOR EXCEPTIONAL EMPLOYEES FROM THE GOVERNMENT
AND THE PRIVATE SECTOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

Section 1. Short Title. — This bill shall be known as the "Pensionado Act of 2019."

Sec. 2 Declaration of Policies. —. Human resources developments are essential for economic
development and progress. In the pursuit of economic development and progress, the state shall
give priority to the creation of a critical mass of elite professionals who shall take the lead in
hamessing science, technology and related disciplines towards accelerating the productivity of the
‘country's human resources. Consonant with this trust, it is hereby declared a policy of the state to devise
a program for exceptionally able and highly motivated employees, preferably age 30-40, from
the government, the private sector and/or the self-employed to undertake advanced studies in a
branch of science, technology or related fields of learning on which depends the development and
progress of the country. As such, it shall provide for fellowships to enable them to pursue advanced
studies or research in their field of expertise. The state shall develop a critical mass of first-rate
specialist in various disciplines and areas of specializations vital to national development to form
a collective national "think tank" who shall place continuously their knowledge and skills at the
service of the nation, be it in industry, the academe or the highest policy-making levels of
government, with the government taking the lead in hamessing their knowledge and skills for the
greatest good of the country.


Sec. 3. Definition of Terms. — For purposes of this Act, the following terms are hereunder defined
accordingly:

a) Post-graduate refers to formal degree course program of training/research requiring at
least a Master's Degree for entry; a student pursuing such program;

b) Advanced studies refer to a post-graduate problem-oriented program of studies and/or
research, not necessarily leading to a degree, undertaken for further specialization or advanced
knowledge in a specific field of a study, or to acquire specialized knowledge and/or skills in a
particular area of science or technology; and

©) Pensionado refers to a Filipino citizen selected and supported by the Philippine
goverment under this program to undertake advanced studies in selected institutions of
higher learning or recognized research centers, in fields relevant to the officially-
declared priority areas for development.

Sec. 4. Establishment of a Program. — There shall be established under the Commission on Higher
Education (CHED), in coordination with the non-government organizations (NGOs), the private sector
and other government agencies, namely, the National Economic and Development Authority (NEDA),
the Department of Trade and Industry (DTI), and the Department of Science and Technology
(DOST), a fellowship program to be called as the "Pensionado Program" for Filipinos employed in the
government and the private sectors and those who are self-employed. The program shall pool together all
fellowships, scholarships, training grants sponsored or extended by foreign government, agencies and
other bodies, as well as by local agencies and organizations, whether public or private, intended for
advanced studies in international centers of advanced learning, scholarship and research.

Sec. 5, Establishment of a National Secretariat; Functions and Composition. — There shall be
established a National Secretariat, hereafter referred to as the "Secretariat", with the following
functions:

a) Identify, and assist in negotiations with sponsors (foreign and local, public and private) of
fellowships, scholarships and grants;

b) Provide assistance to the selection panel in accomplishing its work;

°)

Provide the Pensionados continuing assistance from the time of selection thru the time of
their return to the country, including assistance for the productive utilization of their
newly-gained expertise;

d

Serve as the administrative arm of the government for the program; and

©

In general, promulgate and implement the policies and guidelines governing the Program.

‘The National Secretariat shall be headed by an Executive Officer with the rank of Assistant Secretary, to
be appointed by the President of the Republic of the Philippines, upon the recommendation of CHED.
Members of the Secretariat shall consist of representatives from CHED, NEDA, DTI, and DOST. These


representatives shall be seconded to the Secretariat for a period of one year, subject to renewal every
year. Service rendered thereat shall be considered as part of their performance for promotions
purposes.
Sec. 6. Number of Pensionados and Length of Grant. — There shall be selected twenty four
(24) fellows annually — three (3) fellows for each priority discipline/industry field of the eight (8)
vital disciplines or areas of specializations identified by the CHED in consultation with the NEDA as
frontiers or new areas essential for pushing the economic and social development thrusts of the country.
‘The scholarship shall be for a period not exceeding three (3) years.
Sec. 7. Selection Process. — There shall be a Selection Panel under the Secretariat consisting
of three (3) university presidents and two (2) eminent members from the academe to be appointed
by the CHED. They shall serve on a staggered basis for the purposes of continuity and consistency,
each for a term of three (3) years. The Selection Panel shall make the final selection of the
Pensionados from among the nominees from the academe, industry and research centers. The
integrity and objectives of the program are paramount considerations for the panel in making the
selection.

Sec. 8. Qualifications. — In order to qualify for the Fellowship Program, the applicant must be:
a) A Filipino
b) Gainfully employed;

izen;

c) A college degree graduate, with honors;

4) With demonstrated leadership and proven exceptional performance in his/her
present work;

¢) Enthusiastic in undergoing further training; and
f) Willing to sign a contract requiring him/her to return to his/her job in another
capacity after training.

Sec. 9. Place of Study. — The Pensionados shall be sent to a foreign country well-known for
its advanced stage in particular discipline of area of specialization. Training and
education may be an academic institution, research and development (R&D) center or a
major industrial establishment with and R&D program. It may or may not lead to an
advanced academic degree.

Sec. 10. Assistance to Grantees. — The Pensionado is entitled to the following benefits:
a) Upto three (3) years leave with pay, including allowances and other benefits;

'b) One economy round-trip air fare to and from the host country plus other travel
expenses required for foreign travel;

c) Clothing allowance to be determined by the Secretariat;


4) Monthly stipend while on study abroad, of such amount to be determined by the
Secretariat;

e) Books/Instructional Materials/Research allowance of such amount to be determined by
the Secretariat; and

f) Health, Travel and Insurance fees of such amount to be determined by the Secretariat.

Sec. 11. Program Funding. — The cost of each fellowship grant shall be shared by the
Pensionado's employer and the National Government. The employer pays the salary, allowances
and other benefits due the Fellow as employed during the one-year period of advanced studies
overseas while the national Government, thru the program, shall be responsible for items b, c, d,
e, and f as enumerated in Section 10 hereof. With the transfer of all pertinent foreign and local
grants for coordination under the Program, the government, through the Program, may negotiate
bilateral arrangements with hosts governments, host universities, host research institutions and
host corporations to share at least 50% of the total cost of items b, c, d, e, and f under Section 10
hereof.

The National Government may also negotiate bilateral agreements with host governments, host
universities, research institutions and corporations to enable our scholars to stay abroad and
continue their studies or training at a minimal cost to the national Government. A sharing
program can be established where the host government, host-universities, research institutions and
corporations can pick up of the expenses of the scholars while he is abroad.

Sec. 12. Service Obligation. — Immediately upon completion of the studies or training, a fellow shall be
required to return to his job or in another capacity approved by the Secretariat and serve on a full-
time basis for a minimum period equivalent to twice the period covered by the fellowship grant.
In addition, the scholar shall be required to hold seminars or training sessions for employees from the
goverment and the private sectors on topics related to the course or training he has completed. Any
recipient of the program who has not completed his course shall reimburse the Fellowship the grant
received or render service to the sponsoring agency or company for a period equivalent to the period
covered by the fellowship. Any Pensionado who violates the service obligation imposed under this
section shall reimburse the sponsoring agency or company and the national Goverment of the
Fund assistance received under this act in full or in part as the case may be.

Sec. 13. Mechanism for Utilization of Returned Fellows, — There shall be established and
developed a National Network of Specialized Institutes for Advanced Studies in universities
selected by CHED in consultation with the DOST and other appropriate agencies to be
determined by the Secretariat to provide returned scholars an office, laboratory, library and
conference facilities for their continuing activities. The Institute shall also serve as a place for an
Exchange Program and Collaborative Research among local and international scientist and
scholars in priority areas of research and development. The National Government may, thru
CHED and/or the National Secretariat, negotiate bilateral agreements with foreign government,
universities, research institutions and corporations, public and private, to effect exchange of
scholars and scientists for collaborative advanced studies, as well as to equip the Institute for


purposes of benefit to the cause of scholar and scientists for collaborative advanced studies, as
well as to equip the Institute for purposes of benefit to the cause of scholarly or scientific
advancement and national development. A sharing program may be established whereby the host
government/university/institution/ corporation can pick up part of the expenses of the Fellow in
pursuit of his/her Fellowship.

Sec. 14. Appropriations. - The amount necessary to carry out the initial implementation of this
‘Act shall be drawn from the savings of the national government. Thereafter, the funds necessary
for the continuous implementation of the program shall be included in the General Appropriations
Act. The Program shall receive 2% from the share of the DOST and 1% from the share of the
Philippine Youth Commission in the Bases Conversion Development Authority (BCDA)
proceeds.

Sec. 15. Transfer of other fellowship, scholarship and training grants. — All foreign and locally
sponsored fellowship, scholarship and training grants will be transferred to the program for
coordination. With respect to government employees who may be affected by the transfer, the
pertinent rules and regulations of the Civil Service Commission (CSC) shall apply.

Sec. 16. Implementing Rules and Regulations. - Within ninety (90) days from the approval of
this Act, CHED, in coordination with NEDA, DTI, DOST, and CSC, shall promulgate the
necessary rules and regulations for the effective implementation of the provisions thereof.

Sec. 17. Separability Clause. - If any portion or provision of this Act is subsequently declared
invalid or unconstitutional, other provisions hereof which are not affected thereby shall remain in
full force and effect.

Sec. 18. Repealing Clause. - All other laws, acts, presidential decrees, executive orders,
presidential proclamations, issuances, rules and regulations, or parts thereof which are contrary to
or inconsistent with any of the provisions of this Act are hereby repealed, amended, or modified
accordingly.

Sec. 19. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or a newspaper of general circulation.

Approved,