Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

FIFTEENTH CONGRESS
First Regular Session

H:B.No.

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. ANGARA

EXPLANATORY NOTE

Thousands of Filipino students have acquired advanced degrees and specialized
training in foreign countries through various scholarships grants either of local or foreign
funding. While these local and overseas scholarship programs have produces a sizeable
number of high-level professionals for the country, these programs have also resulted in a
significant brain drain for our country. Moreover, some of the returning scholars have not found
the opportunity the maximum utilization of newly acquired knowledge and training. As a result,
many of them leave the country in search of greener pastures abroad.

It is imperative that the Philippines should devise a program for overseas education and
training for the brightest and most promising Filipinos who are already employed (or self-
employed) in a branch of science or technology along identified priority areas. Such a program
shall affect the pooling together of all foreign and local (public or private) sponsorship intended
for further education, enrichment and training of exceptionally able and highly motivated and
employed Filipinos.

The proposed legislation endeavours to provide the Philippines a continuing supply of
highly trained leaders for industry, research and academe. Under the bill, the maximum
utilization of returning talents will be coordinated under a single governing body where all
Scholarships under foreign and local sponsorship are pooled together.

Approval of the bill is, thus earnestly requested.

JUAN EDGARDO “SO! |. ANGARA
Representative
, Province of Aurora


FIFTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES)
First Regular Session )

H.B.No,__

Introduced by Honorable JUAN EDGARDO “SONNY” M. ANGARA

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

Be jit 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 “The Pensionado Act of
2010".

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 harnessing 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 define accordingly:

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


b) Advanced studies - 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.

©) Pensionado ~ a Filipino citizen selected and supported by the Philippine government
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, hereafter referred to as 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), the Department of Science and Technology (DOST) and the Department of
Education (DepEd), fellowship program to be called as the “Pensionado Program’ for Filipinos
employed in the government and the private sectors and those who are self-emloyed.

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. §. 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:

@) 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;

e) 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 the CHED. Members of the Secretariat shall consist of
Tepresentatives from the National Economic and Development Authority (NEDA),

2


Department of Trade and Industry (DTI), the Department of Science and Technology
(DOST) and the Commission on Higher Education (CHED). 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 one year only.

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 citizen;

b) Gainfully employed;

¢) Acollege degree graduate, with honors;

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

e) Enthusiatic in undergoing further training;

f) Willing to sign a contract requiring hinvher to return to his/her job in another capacity
after one year of 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 center (R&D) 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 Pensionados is entitled to the following benefits:
a) One year 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; .


©) Clothing allowance to be determined by the Secretariat;

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

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

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 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, thru 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 compl
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

n of the studies or training, a

sessions for employees from the government 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 grant. Any
Pensionado who violates the service obligation imposed under this section shall reimburse the
sponsoring agency or company and the national Government 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 governmentJuniversity/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 if 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. Rules and Regulations. Within ninety (90) days from the approval of this Act, the
Secretariat shall promulgate the necessary rules and regulations for the effective
implementation of the provisions thereof,

SEC. 17. Repealing Clause. All laws, decrees, orders, rules and regulations, or portions
thereof inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 18. Separability Clause. In the event any of the provisions of this Act is declared
unconstitutional, the validity of the other provisions shall not be affected by such declaration.

SEC. 19. Effectivity. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in at least two (2) national newspapers of general circulation.

Approved,