Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

43866

TIOUSE BILL NO.

TIniroduced by. Rep, Joey Sarte Salceda

EXPLANATORY NOTE

Section 2, Chapter 1, Title XVII, Book LV of the Administrative Code of 1987 mandates
the Department of Science and Technology to “formulate and implement policies, plans,
programs, and projects for the development of science and technology and for the promotion of
seientific and technological activities for both the public and private sectors and ensure that the
results of scientific and technological activities are properly applied and utilized to accelerate
economic and social development",

In line with this constitutional mandate, the Balik Scientist Program (BSP) was
established pursuant to Presidential Decree No. 819 dated 24 October 1975 for a period of five
(5) years and was extended up to October 1986 by Letter of Instruction No. 1044 dated 18 July
1980. PD No. 819 a Balik Scientist is any foreign-based scientist, technician, or professional, or
any person with special skill or expertise who is a Filipino or of Filipino origin or descent and
the members of his/her family, who is licensed to practice his/ her profession, special skill or
expertise while staying in the Philippines either on a temporary or permanent basis upon
approval by the Secretary of Health, PD 819 further provides that such foreign based scientist,
technician or professional shall first register with the Professional Regulation Commission
regardless of whether or not, his special skill or expertise falls within any of the regulated
professions and vocations in the Philippines and pay the required license fee for the practice of
her/his profession, skill or expertise in his country.

Due to the remarkable outcome of the program as well as the presence of still many
highly trained overseas Filipino professionals who have the expertise along the government
priority areas of agriculture, energy and nutrition development, the BSP has been strengthened
through Executive Order No. 130 dated October 25, 1993.


Notwithstanding the success of the program, there are still a lot of Filipino scientists,
technology experts and researchers outside the country that has not been tapped due to
circumstances that cannot be addressed by the existing BSP. It is for this reason that the existing
BSP needs to be institutionalized and strengthened through a legislative fiat and including
therein better incentives and benefits that would draw these Filipino experts to return back to
their beloved country and share even for a limited period of time and hopefully for good, their
knowledge and expertise, thereby helping the country attain its objective of accelerating
economic and social development

It is for these reasons that we seck immediate passage of this bill into law.

resentative, 2" District, Albay


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEEN CONGRI
First Regular Session

4366

HOUSE BILL NO."

Tntroduced by, Rep. Joey Sarte Salceda

AN ACT
INSTITUTIONALIZING THE BALIK SCIENTIST PROGRAM APPROPRIATING
FUNDS THEREFOR, AND FOR OTHER PURPOSES

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

SECTION 1. Title. This Act shall be known as the “Balik Scientist Act of 2016”

SECTION 2. Declaration of Policy. The State recognizes that the utilization of the
expertise of expatriate Filipino scientists and technologist is a vital component of the nation's
political, economic and social development efforts, hence, it is hereby declared to be the
policy of the State to encourage Filipino scientists and technology experts from abroad to
return to the Philippines and share their expertise to accelerate the development of the
country, Towards this end, any foreign-based scientist, professional, technician, or any person
with special skills or expertise who is of Filipino descent shall be allowed to share his or her
profession or expertise in the Philippines in accordance with the implementing rules and
regulations which shall be promulgated by the Department of Science and Technology
(DOST) in consultation with relevant agencies of the government and non- government
organizations.

SECTION 3. General- Objectives. This Act aims to strengthen the scientific and
technological human resources of the academe, public institutions and domestic corporations
in order to promote knowledge sharing and accelerate the flow of new technologies into the
country,

SECTION 4. Definition of Balik Scientist. - A Balik Scientist is a science or
technology expert or professional, as certified by the DOST, who is a Filipino citizen or a
foreigner of Filipino descent, residing abroad, and contracted by the government to return and
serve in the Philippines along his or her field of expertise for a Short Term Engagement with
a duration of at least thirty (30) days per award to be served within one year from the date of

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the award or Long Term Engagement with a duration of at least 24-36 months subject to
renewal to be determined by DOST and to be served within five (5) years from the date of the

award,

SECTION 5. Incentives, Incentives under the Balik Scientist Program shall include the
following and such other privileges as may be provided in the implementing rules and
regulations

A. Short Term Program

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One, (1) free round-trip airfare originating from a foreign country to the Philippines;

Tax exempt daily allowance to be determined by the DOST;

Participation in Grants-in-Aid (GIA) research and development projects of the DOST
subject to guidelines to be provided in the implementing rules and regulations;

All Balik Scientists, as certified by the DOST, shall be exempt from the licensing or
permit requirement of the Professional Regulation Commission (PRC): Provided, that
the DOST shall submit to the PRC the list of Balik Scientists whom it has certified
prior to the award: Provided further, that accomplishment reports of the Balik
Scientists shall likewise be furnished by the DOST to the PRC at the end of each
award;

Reimbursement of expenses for excess baggage allowance related to scientific
project or activities; and

Donation of instruments and materials related to the scientific program or activities
shall be exempted from taxes and duties. Freight and storage expenses shall be borne
by the host institution,

Subject to the applicable provisions of Sec, 29, Commonwealth Act No. 613, the
Balik Scientist of foreign citizenship, as certified by the DOST, shall be granted by
the Secretary of Justice special non- immigrant visas under section 47 (a) (2) of the
Philippine Immigration Act of 1940, as amended, after compliance with the
requirements therefor. Said Balik Scientist shall be exempted from the payment of
visa, immigration and registration fees in accordance with seotion 251 of the
Philippine Foreign Service Code of 1983, as amended by Section 831 of Department
Order No. 19a-95, series of 1995, otherwise known as the Regulations of the
Department of Foreign Affairs, if applicable.

. Long Term Program

One (1) free one-way airfare from a foreign country to the Philippines, including
airfare for the spouse and two (2) minor dependents, and one (1) free return trip
airfare after completion of the award;


10.

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Reimbursement of expenses for excess baggage allowance related to scientific project
or activities;

Relocation allowance to be determined by DOST;
‘Tax exempt monthly allowance to be given by the DOST;
Housing may be arranged by pre-determined host institutions;

As determined by DOST, duty and tax-free importation of personal effect and
professional instruments and material in quantities and of class suitable to the
profession, rank or position of the Balik Scientists importing them for their own use
and not for barter or sale in accordance with Section 105 of the Tariff Code. Duty and
tax free importation of one (1) unit second hand motor vehicle with gross vehicle
weight (GVW) not exceeding 3000 kgs subject to the classification standard of motor
vehicle transported set forth by the Bureau of Customs: Provided, that the grantee
under the short term program shall likewise be entitled to this benefit who shall decide
to avail of the Long Term Award: Provided further, that the grantee shall abide by the
rules and regulations under the no- dollar import (NDI) program of the DTI-Bureau of
Import Service. A certificate of endorsement from the DOST shall be submitted in
lieu of the required personal appearance: Provided finally, that the grantee shall be
exempted from posting bond and exportation of the motor vehicle to the country of
origin upon expiration of the award ;

Donations of equipment, instruments and materials related to the scientific program or
activities shall be exempted from the taxes and duties: Provided, that the donation
shall be on the account of DOST. Likewise, freight and storage expenses shall be
borne by the host institution;

Reimbursement of expenses for the surface shipment of personal household effects
and professional instruments, including one (1) motor vehicle the total weight of
which does not exceed 3 ¥ tons volume weight;

Exemption from payment of travel tax of Balik Scientist including his or her
immediate family members as certified by the DOST;

Exemption from submission of Immigration clearance certificate and payment of
multiple entry fees;

Exemption from securing alien employment permit within the duration of their
contract pursuant to Section 2 of Department Order No. 97-09, Series of 2009, as
amended by Department Order No. 120-12, Series of 2012, of the Department of
Labor and Employment;


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12. All Balik Scientists, as certified by the DOST, shall be exempt from the licensing or
permit requirement of the PRC: Provided, that the DOST shall submit to the PRC the
list of Balik Scientists shall likewise be furnished by the DOST to the PRC at the end
of each award or Project;

13, Participation in Grants- in Aid for research and development projects approved by the
Secretary of DOST;

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Availability of the infrastructure budget for the laboratory to come up with an
innovation: Provided, That the laboratory shall remain as property of the government
after the expiration of the term; and.

15. Subject to applicable provisions of Section 29, Commonwealth Act 613, Balik
Scientists of foreign citizenship, including his/her immediate family members, as
certified by the DOST, shall be granted by the Secretary of Justice special non-
immigrant visas under Section 47 (a) (2) of the Philippine Immigration Act of 1940,
as amended, after compliance with the requirements therefor. Said Balik Scientist and
immediate family members and registration fees in accordance with Section 251 of
the Philippine Foreign Service Code of 1983, °as amended by Section 831 of
Department Order No. 19A-95, Series of 1995, otherwise known as the Regulations
of the Department of Foreign Affairs

16. Balik Scientists under the Short Term and the Long Term Awards shall be provided
with reasonable accident and medical insurance for the duration of the award as
determined by DOST,

SECTION 6, Administration. This program shall be administered by the DOST which
shall issue the implementing rules and regulations in consultation with appropriate agencies
ninety (90) days after the approval of this Act.

SECTION 7. Implementing Rules and Regulations, The DOST, in consultation with
concerned agencies and stakeholders, shall promulgate the implementing rules and regulation
of this Act within ninety (90) days from the effectivity of this Act.

SECTION 8. Funding. The funds necessary to carry out the provisions of this Act shall
be included in the annual budget of the DOST in accordance with the Annual General
Appropriations Act.

SECTION 9. Repealing Clause. All laws, presidential decrees, executive orders,
ordinances, rules and regulation, and other issuances or part thereof which are inconsistent
with this Act, are hereby repealed or modified accordingly


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SECTION 10. Separability Clause. If any provision of this Act shall be held
unconstitutional or invalid, the other provisions not otherwise affected shall remain in full
force and effect.

SECTION 11. Effectivity. This Act shall take after fifteen (15) days after its publication
in the Official etter or in a newspapers of general circulation.

Approved,