Republic of the Philippines
HOUSE OF REPRESENTATIVES is RECEIVED
Quezon City pare, 26 JUL 2017

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 6057

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

The issue of brain drain in the country is not new and has been a long-running
concern as early as the 1960s, where majority of Filipino young professionals opt to
work abroad. The almost double increase’ of Filipinos flying to foreign countries
could be attributed to low salary, rising cost of living, and the lack of incentives? for
our skilled professionals. This outflow of human capital is discouraging progress on
the country's science and technology industry, and there is a need to encourage

advancement with science and technology as a priority.

Since its establishment in 1975° through Presidential Decree No. 819, and being
revived thereafter in 19934 through Executive Order No. 130, the “Balik Scientist
Program" has continued to be one of the Department of Science and Techonology's
(DOST) strategic programs in addressing the country’s need for scientific and
technological human resources®. The DOST calls it as a “brain gain” initiative of the
Philippine Government, providing hope for the issue of brain drain and instilling

patriotism to our skilled Filipino professionals.

The proposed bill, as a counterpart bill to Senator Poe's version in the Senate,
intends to institutionalized the said program by the DOST in order to entice foreign-

* hutp:/globalnation.inquirer.nev433 || /brain-drain-more-than-doubled-in-last-12-years

? hutp://www.bworldonline.com/content php?section=Technology&title=brain-drain-ip-issues-plague-science-
community &id=112813

> http://www lawphil.net/statutes/presdecs/pd1975/pd_819_1975.html

* hup://www lawphil nevexecutive/execond/eo1993/e0_130_1993.huml

5 hutp:/Mosp.dost. gov. ph/



based scientists and professionals who are of Filipino descent to share expertise to
the Philippines. Benefits, incentives and privileges are given to “Balik Scientists”
certified by the DOST such as medical and accident insurance, Professional
Regulations Commission registration and special non-immigrant visas for those who
have acquired foreign citizenship. The Balik Scientists are also given full subsidy on
their round-trip airfare to and from the Philippines, relocation allowance, and housing

by pre-determined host institutions.
The Government recognizes the need to retain highly-skilled workers’ and by
institutionalizing programs that aim to strengthen human resources of key industries
in the country, such as science and technology, we help steer this nation in the

direction of progress and not regression.

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

LUIS| MUNI Y” F. VILLAFUERTE, JR.

§ http:/ewsinfo inquirer-net/6081 16/palace-mulls-salary-increase-to-address-dost-brain-drain


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

SEVENTEENTH CONGRESS
First Regular Session

House BILL No.6057

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

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:

ARTICLE!
GENERAL PROVISIONS

Section 1. Title. — This Act shall be known as the “Balik Scientist Act of 2017".

Section 2. Declaration of Policy. - The State recognizes the utilization of the
expertise of expatriate Filipino scientists and technologists as 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 retum to the Philippines and share their expertise to

accelerate the development of the country.

Towards this end, the “Balik Scientist’ program is hereby institutionalized, in
which the State shall provide incentives for foreign-based Filipino scientists,
professionals, technicians, or Filipinos with special skills or expertise to share their
professional experiences, know-how 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. Definition of Terms. — For the purpose of this Act:

a)

b)

°)

d

C)

f)

9)

“Balik Scientist” - refers to a science or technology expert or professional,
as certified by the DOST, who is currently or who was formerly a Filipino

citizen, and is residing abroad;

“Balik Scientist Program” - refers to the program institutionalized under this
Act;

“DOST’ - refers to the Department of Science and Technology;

“Long-Term Engagement” - refers to a term of engagement under the
Program with duration of at least twenty-four (24) to thirty (36) months
subject to renewal to be determined by DOST and to be served within five
(5) years from the date of the award;

“Medium-Term Engagement’ - refers to a term of engagement under the
Program with a duration of eight (8) to twelve (12) months per award to be
served within two (2) to three (3) years from the date of the award;

“Short-Term Engagement” - refers to a term of engagement under the
Program with a duration of at least one hundred ninety (190) days per
award to be served within one (1) year from the date of the award;

“Terms of Engagement” - refers to the duration under which a Balik
Scientist shall be engaged in the Program. The terms of engagement may

be short-term, medium-term or long-term.

n


ARTICLE Il
THE BALIK SCIENTIST PROGRAM

Section 4. Institutionalization of the Balik Scientist Program. — There is hereby
established and institutionalized the Balik Scientist program, hereafter referred to as
the “Program”. Under the Program, a “Balik Scientist" is contracted by the
government to return and serve in the Philippines in his or her field of expertise

based on a short-, medium, or long-term engagement.

Section 5. Program Objectives. - The Program shall aim to entice foreign-based
scientists, professionals, technicians, or any person with special skills or expertise
who are of Filipino descent to share their professional experiences, know-how or
expertise in the Philippines to strengthen the scientific and technological human
resources and knowledge base 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 6. General Benefits, Incentives, and Privileges. — All Balik Scientists, as
certified by the DOST, shall be eligible for the following general benefits, incentives,
and privileges, including such others which may be provided through additional rules
and regulations pursuant to the declared national policy of this Act:

a) Registration as a professional and issuance of a certificate of registration
and license by the PRC, subject to the conditions of Republic Act No.
8981, otherwise known as the "PRC Modemization Act of 2000", Provided,
that the DOST shall submit to the PRC the list of all accredited or vetted
Balik Scientists, as well as those who shall serve under the Program, at

the end of each award or Project;

b) Reasonable accident and medical insurance for the duration of the award
as determined by the DOST;

c) Subject to applicable provisions of Section 29 of Commonwealth Act No.
613, otherwise known as “The Philippine Immigration Act of 1940”, as
3


amended, Balik Scientists who have acquired 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 same law.

Section 7. Term-Specific Benefits, Incentives, and Privileges. — Balik Scientists
shalll be eligible for the following benefits, incentives, and privileges, including such
others which may be provided through additional rules and regulations pursuant to
the declared national policy of this Act, depending on their terms of engagement:

a) Short-Term Program - Balik Scientists who are contracted on a short-term
engagement basis shall be eligible for the following benefits, incentives

and privileges:

1. One (1) fully subsidized round-trip airfare originating from a foreign

country to the Philippines;

2. Reimbursement of expenses for excess baggage allowance related

to scientific project or activities;

3. Relocation allowance to be determined by DOST;
4, A tax-exempt daily allowance to be determined by the DOST;

5. 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;

6. 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


b) Medium-Term Program - Balik Scientists who are contracted on a
medium-term engagement basis shall be eligible for the following benefits,

incentives and privileges:

1. One (1) fully-subsidized round-trip airfare originating from a foreign
country to the Philippines;

2. Reimbursement of expenses for excess baggage allowance related

to scientific project or activitie
3. A tax exempt daily allowance to be determined by the DOST;
4. Relocation allowance to be determined by DOST;

5. 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;

6. 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;

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

8. Exemption from submission of Immigration clearance certificate and

payment of multiple entry fees.

c) Long-Term Program - Balik Scientists who are contracted on a long-term
engagement basis shall be eligible for the following benefits, incentives

and privileges:

1. One (1) fully-subsidized one-way airfare from a foreign country to
the Philippines, including airfare for the spouse and two (2) minor

5


dependents, and one (1) free return trip airfare after completion of

the award;

Reimbursement of expenses for excess baggage allowance related

to scientific projects or activities;
. A tax exempt monthly allowance to be given by the DOST;
. Relocation allowance to be determined by DOST;
. Housing may be arranged by pre-determined host institutions;

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

. 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 3,000 kilograms, subject to the
classification standard of motor vehicles transported set forth by the
Bureau of Customs: Provided, that the grantee under the short-term
program shall likewise be entitled to this benefit, if he or she 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;


8. 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;

9. 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;

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

411.Exemption from submission of Immigration clearance certificate and

payment of multiple entry fees;

12.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; and

13. 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.

ARTICLE Ill
PROGRAM ADMINISTRATION

Section 8. Role of the DOST. — The Program shall be administered by the DOST.
Within thirty (30) days from the effectivity of this Act, the DOST shall convene an ad
hoc committee which shall, in coordination with concerned government agencies:


a) Determine the host institutions, application process and documentary

b)

cj

requirements for an individual to be certified as a Balik Scientist: Provided,
that the call for application, review of documents and awarding of the
status as Balik Scientists shall be done at least once per year: Provided
further, that applications shall be processed within sixty (60) calendar days

from receipt;

Determine, in coordination with relevant government agencies, the
communications strategy to reach out to prospective Balik Scientists; and

Determine the parameters, amounts, and funding requirements of the
benefits, incentives, and privileges under Sections 7 and 8 of this Act,

which shall include:

1. The amounts insurable and procedures for availing of “reasonable
accident and medical allowance” provided for all Balik Scientists, in

coordination with relevant stakeholders;

2. The amount of the daily, monthly, and relocation allowances and its

manner of disbursement;

3. The guidelines for participation in Grants-in-Aid (GIA) research and

development projects;

4. The guidelines in determining housing for Balik Scientists under the

Long-Term Program;

5. The guidelines for the utilization of the infrastructure budget for

Balik Scientists under the Long-Term Program; and

6. The guidelines for such other benefits, incentives and privileges as
may be provided under the implementing rules and regulations of
this Act.


ARTICLE IV
FINAL PROVISIONS

Section 9. 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 10. Appropriations. - The funds necessary to carry out the provisions of
this Act shall be included in the annual appropriations of the DOST under the
General Appropriations Act.

Section 11. 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.

Section 12. 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 13. Effectivity. — This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation

Approved,